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Time Loss Compensation Attorney Washington State

Time Loss Compensation Attorney Washington State

Dedicated Wage Replacement Benefits Lawyer Assists Injured Workers Obtain Time Loss Compensation After Missing Work Due to Work-Related Injury or Occupational Illness in King County, Lewis County, Pierce County, Thurston County, and Throughout WA

A workplace injury or an occupational illness suffered in the course of your employment may leave you unable to work in your regular job while you treat your injury or illness. Not being able to work can have a devastating financial impact on your life. Fortunately, the workers’ compensation system in Washington state affords workers the right to receive wage replacement benefits when they suffer a loss of income while recovering from a work injury or occupational illness. To ensure that you receive the maximum benefits you are entitled to, turn to a time loss compensation attorney in Washington state for help.

Don’t let L&I or your employer try to push you back into work. If you cannot work or suffer a reduction of your income due to a work injury or an occupational illness, reach out to Smith Duran Law for a free initial case review to go over your legal options for workers’ compensation benefits with a time loss compensation attorney in Washington state from our firm.

What Wage Loss Benefits Does Workers’ Compensation Offer in Washington State?

Washington state’s workers’ compensation system provides injured or ill workers with three types of wage loss benefits: “time-loss” compensation, loss of earning power benefits, and vocational training.

What Is Time-Loss Compensation?

You may be entitled to time-loss compensation if your attending provider certifies that you are unable to work due to a work injury or occupational disease. Time-loss compensation begins after you have missed three days from work, although you will be compensated for those days if you are still out of work after 14 days. Time-loss compensation only provides partial wage loss replacement. You can expect to receive between 60 and 75 percent of your average pre-injury/illness wage, with the exact percentage based on the number of dependents you have. In addition, time-loss compensation is subject to minimum and maximum limits set each year by the Washington state legislature.

You will receive the first check within 14 days after your doctor deems you unable to work. Checks can be mailed or sent electronically. Paper checks must be cashed within 180 days or they will expire. An expired check can be resent within two years of the original issuance date, after which you must file an unclaimed property claim with the Washington State Department of Revenue

Loss of Earning Power Benefits

In many cases, employers choose to offer light- or modified-duty or part-time positions to employees on workers’ compensation, when the employee’s condition allows them to perform a light/modified-duty position or to work part-time. However, when this alternate position pays a worker less than the average wages they were earning prior to their work injury or occupational disease, the worker may be entitled to loss of earning power benefits. 

Loss of earning power benefits are paid if a worker’s loss of earnings is more than five percent of their pre-injury/illness average wages, the loss of earning is medically certified as having been caused by a work injury or occupational disease, and the worker has returned to work for income, wages, salary, or commission, including in any light-duty, modified-duty, transitional, or on-the-job-training position. 

Vocational Training

Vocational rehabilitation or training may be offered to a worker who can no longer return to their old position because of their work injury or occupational disease, but still retains the capacity to work in some other form of gainful employment. Through vocational training, a worker can learn the skills needed to transition to another job or industry.

A worker who is approved for vocational training has the option to either follow the training and rehabilitation plan established by L&I or to develop their own plan. If a worker chooses to develop their own vocational training plan, their time-loss compensation will be terminated and their workers’ comp claim closed in exchange for the worker receiving a payment equal to approximately nine months’ time-loss compensation, in addition to receiving funds to pay for an accredited, licensed, or L&I-approved vocational school or training program. Training funds can also be used in part to hire a vocational rehabilitation counselor, who can assist with developing a vocational training program and provide job counseling. 

Contact Us for a Free Consultation to Speak with a time loss compensation attorney in Washington state about Your Case

If you cannot work because of a work injury or occupational illness, you deserve to receive wage benefits that can help make up for your lost income. Contact Smith Duran Law today for a free, no-obligation case evaluation to discuss how a time loss compensation attorney in Washington state from our firm can assist you with pursuing a claim for workers’ compensation benefits. 

Frequently Asked Questions about Wage Loss Replacement in Washington State

Are wage replacement benefits taxable?

Time loss wage replacement benefits are considered a form of disability benefit rather than earned income, so such benefits are not taxed under federal tax law.

What happens if I refuse a light or modified duty position offered by my employer?

If you cannot work in your pre-injury/illness position, your employer may choose to offer you a light or modified duty position, which may involve providing accommodations to help you perform the tasks of your old job, a job with different duties, and/or reduced working hours. If the required duties of a light/modified duty position are within your physical limitations as certified by your treating physician, you are required to accept such a position if offered by your employer. If you refuse to return to work in a light/modified duty position that you can do within your limitations, you may render yourself ineligible for future wage loss replacement videos.

Can I get wage loss replacement benefits for a second job that I was working?

Yes. If you were working two jobs when you suffered a work injury or occupational illness, you can receive wage loss replacement for both jobs if your condition prevents you from working in either job. However, the employer you were working for when you suffered your work injury or occupational disease will be the employer responsible for your workers’ compensation.

  • Workers’ Compensation

    The Department of Labor and Industries manages claims for injuries at work. You are entitled to money for lost wages, medical treatment, vocational retraining, loss of body function, and in some cases a pension

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  • Personal Injury

    If your injury was caused by someone other than a co‑worker, an auto accident, or defective equipment, you may be entitled to additional compensation. Our attorney will evaluate your case.

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