Most workplace injuries and occupational diseases (e.g., hearing loss) result in a claim for benefits under Washington’s Industrial Insurance Act.

Claims are filed by seeing a doctor and completing the necessary forms within specific time periods prescribed by law. Many large employers are “self-insured” but these employers must provide the same workers’ compensation benefits to their injured workers. Claims are filed with the Washington Department of Labor and Industries or with the self-insured employer.

Washington’s laws and regulations regarding workers’ compensation are complicated and injured workers often fail to receive the benefits they deserve. These benefits include:

• Medical treatment for the work related injury or occupational disease and any other related medical or psychiatric conditions.
• “Timeloss compensation” or “loss of earning power” benefits for lost wages related to the injury or occupational disease.
• Certain travel expenses related to the injury or occupational disease.
• Vocational retraining if it is necessary to return to the workforce.
• A monetary award for “permanent partial disability” if the injury or occupational disease results in permanent impairment.
• A lifetime pension if the injury or occupational disease results in the worker being permanently unable to return to the workforce.
• Survivor’s benefits to the surviving spouse of a worker who dies from an workplace injury or occupational disease.

Structured settlements, sidebar settlements, attorney fees, and penalties against self-insured employers can also be pursued in certain situations.

Injured workers often receive letters or formal legal orders denying the claim, denying treatment, stopping benefits, or making some other adverse decision. These decisions can be confusing and are often wrong. Orders must be promptly and correctly disputed to prevent them from becoming final.

Physicians who treat injured workers are often unaware of what benefits are available under the law. Injured workers are often asked to attend “Independent Medical Examinations” by doctors who are biased and unfair to workers. These IME reports often results in workers’ compensation benefits being wrongly denied.