Washington State Workers’ Compensation Attorneys

We are seasoned Washington state workers’ compensation attorneys who fight for financial benefits for hard-working individuals injured on the job in King County, Lewis County, Pierce County and Thurston County and throughout Washington.

Have you suffered a workplace injury on the job? Have you been diagnosed with an illness or medical condition that your work may have caused? If so, you may be entitled to file a workers’ compensation claim that can provide you with financial benefits. These benefits include medical treatment, partial replacement of lost wages and disability pension if you have sustained permanent disability. To ensure you receive the full scope of benefits you deserve, turn to a Tacoma-based workers’ compensation attorney from Smith Duran Law.

For years, our firm has vigorously represented the rights of injured workers in Washington’s workers’ compensation system. We understand the difficulties injured people face in getting the insurance benefits and specialist care they need. Our Tacoma workers’ compensation attorneys have extensive experience with Washington state’s workers’ compensation laws, with attorney Laurel Smith having served as chair of the Washington State Association of Justice’s workers’ compensation section.

After you have been injured on the job, reach out to Smith Duran Law, in Tacoma. Get our free initial claim review to learn what our workers’ compensation lawyers can do to help you secure the benefits you need.

Benefits Available Under Workers’ Compensation In Washington State

Washington state’s workers’ compensation system helps workers who have been injured on the job or developed work-related illnesses. The system provides various financial benefits designed to support your recovery and help you return to work. Some of the benefits that are provided by workers’ comp include:

• Medical benefits: Pay for all medical expenses, bills and prescription costs for treating your work injury or occupational illness until your doctor certifies that your condition has stabilized
• Travel reimbursement: Covers certain travel expenses for medical appointments and procedures related to your claim
• Death benefits: Provide support to family members in the unfortunate event of a work-related fatality
• Personal property reimbursement: Covers personal items that were damaged or lost in a work-related accident
• Partial wage replacement: Provides income support if you miss a minimum amount of work time due to your injury or illness
• Permanent partial disability payments: Offer financial compensation if you suffer permanent loss of function in a body part but can still work
• Monthly disability pension: Provides ongoing benefits if you are permanently and totally disabled from any gainful employment
• Vocational training: Helps you learn new job skills if you cannot return to your previous job but can perform other types of work

In Washington state, employers often obtain workers’ compensation coverage directly from the state Department of Labor & Industries (L&I). Other large or public employers can choose to self-insure for workers’ compensation and pay their employees’ claims.

Who Is Eligible To Receive Workers’ Compensation?

Under Washington state workers’ compensation law, any employee who works for an employer is entitled to receive workers’ compensation benefits. This applies when they suffer an injury or illness that occurs during the course and scope of their employment.

The law covers a wide range of workers, including part-time, seasonal, temporary and teenage employees. However, their injury or illness must be found to be work-related to qualify for benefits.

It’s important to note that some workers are exempt from workers’ compensation coverage. These exemptions include part-time domestic workers, children employed on family farms, cosmetologists or barbers who rent their workspace, and certain musicians or entertainers.

Many workers in Washington state know they might be entitled to workers’ compensation benefits after being injured on the job or developing an occupational disease. Unfortunately, workers who have never filed for benefits before often don’t understand what’s involved in the claims process. This lack of knowledge can make an already difficult situation even more challenging.

What Are The Steps In The Workers’ Compensation Claims Process In Washington State?

To recover benefits on a personal injury claim in Tacoma, you will need to follow the steps explained below.

Seek Medical Attention

First, you should immediately seek treatment or medical attention if you were injured on the job or involved in an accident at work. Washington state workers’ compensation law guarantees your right to choose any provider for emergency care or your initial medical visit. If you go to the hospital or your doctor, make sure to tell them that you were injured at work. After the first visit with a medical provider of your choice, you will need to see a provider authorized by the state L&I.

Notify Your Employer

You should inform your employer as soon as possible that you have been in an accident on the job. Let them know that you have suffered a workplace injury or have been diagnosed with an occupational illness.

Preparing Your Claim

Before filing your formal claim, gather the information you will need, including:

• Details about how your injury or illness occurred
• Contact information for witnesses
• Your employer’s information
• Wage information
• Names and birthdates for your dependents
• Names of any providers you have already seen for treatment
• Medical records detailing your injury or illness

Having this information organized beforehand will help streamline your claim filing process and reduce potential delays.

Filing Your Workers’ Compensation Claim

You must file a formal workers’ compensation claim within one year of sustaining a work injury. This claim should be filed with your employer if they are self-insured, or with L&I if your employer carries workers’ compensation insurance through L&I.

Occupational diseases have a different filing deadline than workplace injuries. You have two years from when the disease was diagnosed and a doctor informed you that it was work-related.

There are several convenient ways to file your claim with L&I, including online or by phone. Alternatively, your treating doctor can file the claim on your behalf if you complete an accident report at their office. Your doctor must also send their report on your injury to a self-insured employer or to L&I within five days.

Respond To Requests

You must respond to any requests from L&I or your self-insured employer for additional information to supplement your workers’ comp claim. Be sure to attend an independent medical examination if one is requested. Failure to comply can result in claim denial.

Keep Information Updated

Keep your information current, including your mailing address and the names of your treating medical providers.

Work Requirements

Accept any light-duty or part-time duty job offers from your employer, as long as your doctor approves you returning to work in that capacity. If you refuse work that you can do while still treating your injury, your wage loss replacement benefits can be terminated.

Receiving Benefits

If your self-insured employer or L&I requires no additional information and determines that you are eligible for wage replacement benefits, you will begin receiving benefits within 14 days.

If Your Claim Is Denied

To contest a claim denial, you must file a written protest with L&I within 60 days of receiving their decision. You can also appeal to the Board of Industrial Insurance Appeals within 60 days of L&I denying your protest of the initial decision.

Reopening A Closed Claim

If L&I has closed your workers’ compensation claim and you need to reopen it, you have options available. You can apply to reopen the claim solely for medical care expenses, or file a personal injury claim to recover both medical costs and wage loss replacement.

Getting Legal Help

Understanding the claims process is crucial to ensuring you receive the benefits you deserve. Consider speaking with qualified Washington state workers’ compensation attorneys as early in the process as possible to seek legal advice. They can help with preparing your formal claim paperwork. They can also represent your interests if you face obstacles in getting your claim or benefits approved. Our firm can guide you through each step and address any legal issues that may arise.

Do You Have To Show That Your Employer Was At Fault?

Workers’ compensation is considered a “no-fault” system. This means that an employee doesn’t need to prove that their work injury or occupational illness was caused by their employer’s negligence, recklessness or intentional actions. Instead, employers are obligated to workers’ comp benefits whenever an employee suffers an injury or illness in the course and scope of their work.

Can You File A Workers’ Compensation Claim If You Were Injured Outside Of Washington State?

Yes. You may still be eligible to file a workers’ compensation claim in Washington even if your work injury happened outside the state. This applies if you were injured while working for an employer that has a business location in Washington and you regularly work at or from that Washington location. For example, if you were injured while traveling on a work trip, you may be entitled to claim workers’ comp benefits in Washington state.

What Happens To Your Claim If You Move Out Of Washington State?

Moving out of Washington state doesn’t end your workers’ compensation benefits. You can continue receiving benefits even after relocating to another state.

However, your claim will still be managed by L&I staff or your self-insured employer. This means you’ll need to stay in contact with the same Washington-based administrators who have been handling your case.

If you do move out of state, you must immediately notify L&I or your self-insured employer of your new address. Additionally, you’ll be responsible for finding new treating providers in your new location.

Keep in mind that your new health care providers must be registered with L&I, even if they practice outside of Washington. If your provider isn’t registered with L&I, you’ll only be reimbursed for out-of-pocket costs at L&I’s fee schedule rates.

What Is A Third-Party Claim?

A third-party injury claim is a lawsuit that goes beyond your workers’ compensation case. This type of claim allows you to sue a person or company that isn’t associated with your employer but contributed to your work-related injury or occupational disease.

Third-party liability can arise from many common workplace situations. For example, you might have a claim against a manufacturer whose defective product caused your injury on the job. Similarly, if a driver causes a motor vehicle accident that injures you while you’re working, you could sue that driver. Or, if a negligent subcontractor causes a construction accident on a shared construction site, you might have a claim against their company. Property owners can also be held liable in third-party claims. This typically happens when they fail to maintain safe conditions at a job site where you’re working, leading to your injury.

What Types Of Washington Workers’ Compensation Matters Can We Handle?

At Smith Duran Law, we handle a comprehensive range of Washington workers’ compensation matters. Our experienced team can assist with:

• Workplace injuries and occupational illnesses
• Permanent disability claims
• Denied claims and appeals
• Wage replacement issues
• Disputes with the Washington State Department of Labor and Industries
• Third-party injury claims

Our goal is simple: to ensure you receive the full benefits and compensation you’re entitled to. We leverage our extensive knowledge and personal connection to these matters so you can focus on your recovery.

How Long Do You Have To File An L&I Claim In Washington?

In Washington, filing deadlines vary based on the type of claim. For L&I claims related to workplace injuries, you must file within one year of the injury. However, occupational disease claims have a longer timeframe. You have two years from when a physician informs you that your condition is work-related. For third-party claims, you have three years to file for negligence cases and two years for intentional injuries.

At Smith Duran Law, we understand how critical these timelines are to your case. We’re committed to guiding you through the process and ensuring your claims are filed promptly and accurately. This way, you can focus on your recovery while we work to secure the compensation you deserve.

How Much Does A Washington State Workers’ Compensation Lawyer Cost?

At Smith Duran Law, we understand the financial stress that can accompany a workplace injury. This is why we offer our services on a contingency fee basis. Meaning, you won’t pay any upfront fees for our representation. Instead, our payment is contingent upon successfully securing compensation for you. This approach ensures that you can focus on your recovery without the worry of legal costs.

Our experienced team is dedicated to fighting for your rights and maximizing your benefits. We provide you with peace of mind and skilled legal support throughout the workers’ compensation process.

Why Hire A Tacoma L&I Attorney From Smith Duran Law?

When you hire a Tacoma L&I attorney from Smith Duran Law, you gain a dedicated advocate committed to securing the compensation you deserve. Our seasoned team, led by skilled attorneys Jennifer Duran and Laurel Smith, offers extensive experience in workers’ compensation and personal injury law. We understand the complexities of the legal system and the challenges you face after an accident. Our personalized approach ensures that your case receives the attention it deserves. Moreover, our contingency-based fees mean you only pay if we win.

Contact Us For A Free Case Evaluation With A Washington State Workers’ Compensation Attorney on Our Legal Team

Don’t put off starting the process of pursuing a claim for workers’ compensation benefits. Waiting too long could cost you critical financial resources that you’re entitled to for your work-related injury or illness.

Contact Smith Duran Law today for a free, no-obligation consultation. We’ll review your legal options with an experienced Tacoma-based workers’ compensation attorney. You can reach us at 877-557-5144.