Is an attorney the right choice for you?
We answered the top questions that may help you in deciding if a Workers' Compensation Attorney is the right fit for your claim and what you need to know post-injury.
Some of the claim injuries we can support you in handling.
Workplace Accident
Construction
Accident
Slip & Fall Accident
Auto-Accident
Wrongful Death
Occupational
Diseases
Welding Injury
Scaffolding &
Ladder Accident
Lifting Related Injury
Personal Injury
Frequently Asked Questions
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The answer is most often 1 year for a specific injury. A fair definition of injury is: a sudden tangible event occurring at a specific time and place. (example fall and hurt your back).
There are also Occupational Disease claims. The standard for these claims is 2 years from the last exposure. Occupational disease means repetitive injury claims, like carpal tunnel, or exposure to chemicals over time. Even if it has been more than two years you can often get these claims allowed because special rules apply to notice you must be given by a medical professional.
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Report it to your employer. If not able to, go to the doctor, urgent care can help but an occupational medicine doctor is best. I would call an attorney and ask which doctors they recommend because not all doctors are as concerned about your recovery as others.
Make sure the urgent care or occupational medicine doctor files a claim, if they do not file one yourself at https://lni.wa.gov/claims/for-medical-providers/filing-claims/filefast-report-of-accident click on file your worker’s compensation claim in My L&I. You can also call 1-877-561-FILE (3453) to file by phone. The key is to file the claim as soon as possible.
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The simple answer is you do not. You can go see any doctor you want that takes L&I patients. Most of the time the providers with whom the employer contracts are not on your side or looking out for your best interests. These providers have metrics on how quickly they get employees back to work and off LNI.
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Don’t accept. Most often this will result in them fighting allowance on your claim later or denying you even had an injury at work. I have a lot of these cases that if the worker had just filed they would be getting benefits and the treatment they needed not waiting years for the claim to be allowed.
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Immediately. Most attorneys will talk to you for free. Call one. Talk to one and explain your injury and what happened. I often tell clients, go see a specific doctor, look for certain warning signs and if you are not taken care of by the Department come to us and we will help you get the benefits you are entitled too.
We understand that the claim process can feel overwhelming. Here are some Frequently Asked Questions that may help you in getting started. If you still have questions about if you need an attorney contact our office for a free no-obligation discovery call.
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If everything works as it should, your medical care will be taken care of by an occupational medicine doctor, who will refer you to the specialists you need. If you are off work, you will get paid time loss or loss of earning power (LEP). If the Department or Self-Insured Employer asks of an independent medical exam, I would talk to an attorney. Many times they may not even have the right to get one. If they are denying treatment or not paying benefits talk to an attorney.
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If you were hurt at work you can file a claim. However, if you want to know for sure if you have a case, call an attorney. We would love to talk to you about the case and your options.
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If it happened at work, or while working it is almost always covered by LNI. There are exceptions, usually for individuals who own the business and/or injuries in parking areas. Even injuries in parking areas can be covered. If you have questions talk to an attorney.
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The Department has vocational counselors that are hired to address your skills and see if you can return to work based on transferable skills or if you need to be retrained. If you cannot work at all you are placed on a L&I pension. This benefit continues for the rest of your life or until you return to work.
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Talk to your doctor, your claims manager if not represented or your attorney. They can file you in. I highly recommend calling an attorney if questions arrive to ensure you are being treated fairly.
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There are 3 types of settlement in LNI claims.
First, is a permanent partial disability award (PPD) at the end of your claim. This is given to those who lose some of the function of the body part injured. The award is based on the date of the injury and specific formula. Often no room for negotiation, but have an attorney look at the award to ensure it was done properly. If the Department has given you an award the attorney should only take a percentage of any increase in the award that he acquires on your behalf.
Second, you could have a structured settlement with LNI or the Self-Insured Employer. This waives any future recovery to wage replacement benefits or vocational services but you can reopen later for medical treatment. This is often used where the individual is close to retirement, can retrain, but does not want too. The attorney can only charge 15% of this type of settlement. Talk to an attorney about your options.
Third, this pertains only to Self-Insured Employers (SIE). SIE may settle at any time and give you a lump sum settlement to deny treatment or conditions under the claim. If you are tempted to settle this type of claim talk with an attorney.
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If benefits are denied or don’t seem right, call an attorney immediately.
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If a wage order is issued on your claim you want it reviewed. It may be correct but it may not. Things you need to consider: Do you work a second job? Was your overtime properly included? Do you work multiple jobs during the year? What was your work pattern at the time of injury? Not the month before or after but that day? Were you intending to work full-time? Are your healthcare benefits properly accounted for in the wage? If you do not know the answer to these questions, call an attorney within 60 days of the wage order to ensure it is calculated properly.
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The attorney will likely need to know the date of injury, claim number, how you were injured your current doctors, any pre-existing history of problems with the injured area and what orders have been issued by the Department.
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Oftentimes you are. This depends on the reason for the complication. If the complication is a result of the injury or treatment of said injury then yes. However, you may need an attorney to get the benefits.
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The awards are done according to statute and the AMA Guides to permanent impairment. If your doctor does not do impairment awards give us or another attorney a call and we can let you know if it is fair.
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We can ensure your wage is calculated correctly. This leads to increased monthly benefits. We can fight for treatment the Department denies, this gets you better sooner. We can fight for retraining goals that are more aligned with your work priorities and get you back to the workforce where you can succeed.
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Please talk to an attorney. When those orders are issued you have 60 days to file a protest and get benefits. If you do not you may lose those treatment options permanently. Please call to discuss.
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First, what is the attorney charging to help you? Standard is 10% to 15% of time loss and 30% of a lump sum benefit. Does the attorney charge you a monthly maintenance fee? When does the attorney start charging the percentage of time loss?
Second, Can you handle it on your own? Do you need help? Are you getting overwhelmed? Is it worth the small percentage to have peace of mind moving forward?
Third, What is being denied on your claim? If nothing is being challenged or fought then not likely needed. If the employer is heavily involved or treatment is heavily challenged you may need an attorney.
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The right to get treatment. The right to choose your own doctor. The right to be represented. The right to switch doctors.
Still have questions?
Or think we might be the right choice for helping you with your case?
Let’s get you back on your feet.
