If you suffer a work-related injury or illness that prevents you from working, you are eligible to receive benefits from the state workers' compensation program. Workers' compensation laws provide money to pay for medical expenses and to replace lost income. The employee is not required to prove that the injuries were caused by negligence of the employer in order to recover under the workers' compensation laws. The benefits under these laws are limited however. If the disability is permanent or results in death, additional benefits are available to the employee and the immediate family.
On-the-job injuries are covered by workers' compensation. The system is designed to provide benefits to injured workers, even if an injury is caused by the employee's negligence. There are some limits. In general, injuries resulting from employee intoxication or involving the use of illegal drugs are not covered by workers' compensation. There are other situations in which workers' compensation will not pay medical expenses or lost wages. They include self-inflicted injuries, injuries suffered while a worker was committing a serious crime, and injuries suffered while an employee was not on the job.
The workers' compensation system provides replacement income and medical expenses to employees who are injured or become ill as a result of their jobs. Financial aid may also extend to the families of injured workers and to survivors of workers who are killed on the job. Workers' compensation also protects employers from lawsuits for those injuries or deaths. Some employers are allowed to self-insure. This means the employer will be responsible for paying all benefits according to state law.
Filing a workers' compensation claim is easy and it does not involve suing your employer. The physician who treated you must report the industrial injury to the Department of Labor and Industries which administers the workers' compensation law. If your employer is self-insured, a special form is needed. Otherwise, the state form is filled out by you and the doctor. If accepted, the doctor's fees and any disability payments are paid according to a fee schedule set by the state. If you are temporarily unable to work due to the injury, you'll begin receiving checks to cover your wage loss. The payments typically begin within two weeks after your claim is approved.
Washington workers compensation law provides for various benefits which
fall into three main categories:
(1) replacement income benefits
(2) medical care expenses and
(3) vocational rehabilitation costs.
Within each category there are a number of benefits to which you
may be entitled. Income benefits include time loss benefits, loss of
earning power benefits and permanent partial impairment (settlements).
Medical care expenses may include doctor's fees, emergency care, hospital
fees, diagnostic or other testing, physical therapy and prescription
medication. You can be eligible for medical expenses even if you don't
receive income replacement benefits. Some injured workers may also be
eligible for vocational rehabilitation benefits. The best way to determine
if you are receiving all the appropriate benefits is to ask us to review
your file (at no cost) and then schedule a conference with one of our
attorneys.
If your workers' compensation claim is denied, you have the right to appeal or protest the decision. If you research and organize your documentation, you can present your own case. It would be in your best interests to hire a lawyer who specialize in workers' compensation law, rather than trying to handle an appeal on your own. However, there are time limits and procedure requirements which must be dealt with. It is dangerous to do this without the help of an attorney.
You should get immediate medical care if your work-related injury requires it. You should then file a claim. Washington has a short statute of limitations on workers' compensation cases; one year from the date of injury. You must report this claim within the time limit or the claim will be lost forever. After your claim has been processed, all the medical care pertaining to your illness or injury will be paid for and there is no limitation on this coverage. If you are unable to work, you are entitled to disability payments to make up for lost wages. Time loss benefits start as soon as the worker has lost three consecutive days of work.
Your workers' compensation benefits take several forms. Here are a few
of the most common types of settlements:
Costs of medical care
will be paid for and that includes the services of medical doctors,
osteopaths, podiatrists, hospitals, nurses, physical therapists, dentists,
chiropractors, and the use of prosthetic devices.
Temporary
disability payments are tax-free and substitute for the income you would
have earned had you not been injured. If your injury prevents you from
returning to your job, you may be entitled to vocational rehabilitation.
If you have a partial or complete disability, you may receive a
lump sum payment in workers' compensation benefits. These payments will
vary greatly with the nature and extent of your injury.
Compensation benefits will be paid to the surviving dependents of
workers who are killed in the course of employment or as the result of a
work-related injury or occupational disease. Contact an attorney familiar
with workers' compensation law for more details.
To be covered by workers' compensation, an injury need not be caused by a sudden accident as in a fall. Equally common are claims for injuries due to repeated use of the body or exposure to unsanitary or poor working conditions. If exposure to chemicals on the job has aggravated an already existing condition or caused a new problem with your health you may be eligible for workers' compensation benefits. This will include payment for all medical expenses, and possibly temporary or permanent disability payments. The legal boundary is that employees are protected by workers' compensation as long as the condition is caused by distinctive conditions of employment are "in the course of employment" when the injury occurs or if the employment situation aggravates a condition. Contact an attorney familiar with workers' compensation law for more details.
If you have already filed a workman's compensation claim and it has been closed, you can apply to reopen your claim if your condition has become aggravated (objectively worsened). This is your right for seven years from the first closure of the claim. However, in order to win this type of case, you will have to prove through medical testimony, that objective worsening has occurred. On the other hand, if you re-injure the same condition on the job, a new claim should be filed. Sometimes both an aggravative application and a new lying claim should be filed. Since this is often complex, you should hire a lawyer to advise and help you with a re-injury claim.
To be covered by workers' compensation, an injury must be caused by a sudden accident, or an injury must be due to a distinctive condition of employment; for example, exposure to materials at work, repetitive actions, prolonged standing, etc. For example, dropping a crate on your foot is a sudden accident, and lifting fifty pound boxes all day every day is a repetitive motion that can cause back strain. Also covered are pre-existing conditions that are aggravated by injuries or conditions.
It's important to have an experienced and knowledgeable attorney
representing your interests as an injured employee. When you meet with the
attorney, be sure to ask how much of his or her practice is devoted to
workers' compensation law. Also, determine if the attorney has actually
tried workers compensation cases. Find out how many. Ask how the attorney
plans to proceed with your case.
A qualified attorney will be
pleased to discuss his or her qualifications, experience and practice with
you. You should consider hiring an attorney if your claim is rejected, if
you are not receiving benefits, the final award is too low, or if you have
been fired, suspended or otherwise disciplined for filing a claim as an
injured employee. Even if you are receiving workers' compensation
benefits, it may be a good idea to consult with an attorney to ensure that
you are receiving the maximum benefits available under the law.
Social Security disability insurance provides some income for people who are unable to work because of a physical or mental disability. Like other Social Security benefits, the amount of the monthly disability check is determined by your age and earnings record. Most individuals who qualify for disability receive about $625 per month. The average monthly disability payment for a worker with a spouse and a child is about $1,050. Workers with high total incomes may have to pay federal income taxes on their Social Security disability benefits. You will want to contact the Internal Revenue Service for more information on taxes. There is no consideration given to the minimum amount of money needed to survive. If you receive a Social Security disability benefit, you may also be eligible to receive workers' compensation benefits.
Social Security and Workers' Compensation are separate programs. The Social Security disability insurance program does not recognize degrees of wage-earning capability as the workers' compensation program does. Under the rules of Social Security, an employee is either able to work, in which case he doesn't qualify for benefits, or he can't work and will be granted Social Security disability benefits. A disability does not need to be work related in order for an employee to collect benefits from Social Security. If you are trying to collect workers' compensation benefits, the illness or injury you have sustained must be work-related. Employees are covered their first day on the job by workers' compensation. Social Security benefits are only paid to workers and their families when the worker has enough credits to qualify.
Workers' Compensation and Social Security Disability are equal programs, but their eligibility requirements and benefits vary a great deal. You are permitted to collect Social Security disability payments and, at the same time, workers' compensation payments. You may also receive workers' compensations benefits at the same time as Social Security disability benefits. However, while you are receiving these benefits, your time loss payment may be reduced.
If you cannot work at all due to injuries received on the job, you will be compensated for the income you will lose. Typically, you will be paid 60 percent of your average wages, with state-set minimums and maximums. Workers may experience an income loss. The employee becomes eligible for wage loss replacement benefits as soon as he or she has lost three days work because of an injury covered by workers' compensation.
State compensation laws generally define a work-related injury to include any injury sustained while on the job and this includes errand duties. If you are injured in an automobile accident while working, you may be entitled to workers' compensation benefits. It is acceptable to file a claim even if you were at fault in the accident. According to the law, employees are entitled to emergency medical care at the expense of the employer. However, if you were not at fault, you may have a separate personal injury claim against the negligent driver of the other vehicle. The rights and benefits covered under state tort laws and workers' compensation laws differ. It may be a good idea to use the same attorney or law firm if you are filing multiple claims.
There are a few exceptions to the rule that workers' compensation is your exclusive remedy for a work-related injury or illness. If your injury was caused by the negligence of a third-party, (someone other than your employer or a coworker), you are free to sue that person for damages. For example, someone runs a red light and hits the company truck you are driving while making deliveries for the floral shop. You are injured and you are eligible for workers' compensation. You can also sue the person who caused you injury. The state or self-insured employer will have a right to be reimbursed for some or all of the benefits they paid. However, you will always receive at least 25 percent of the total settlement after fees and costs are deducted.
After your physician has determined you have reached maximum recovery, you may be defined as having a permanent injury. If this is the case, you might be entitled to additional workers' compensation benefits. Washington law provides for permanent partial impairment benefits, or settlement. A rating of the disability, according to the workers' compensation law, determines the benefit payment you will receive. There are definite monetary compensation schedules for specific disabilities. For example, a worker is awarded a set amount for the loss of an index finger and a set amount for loss of an arm. The Department of Labor and Industries uses hired doctors (called Independent Medical Evaluations) to evaluate injured workers for permanent partial disabilities. It is often helpful to talk to an attorney before attending an Independent Medical Evaluation.
It is important for a physician or specialist to determine if you have carpal tunnel syndrome. Carpal Tunnel Syndrome is often an occupational disease, which is covered by workers' compensation. If your doctor feels your condition was caused or aggravated by work you should generally file a claim. Consult one of our attorneys who is well versed in workers' compensation law, if you have a disability claim.
Washington state workers' compensation law makes it possible for an injured worker to change doctors after initial treatment has begun. You need to file a written request to change medical providers with the Department of Labor and Industries. It is important to understand your rights and the specific requirements for medical care according to state laws. Consult of our attorneys for more information.
If you feel you were discriminated against due to an injury sustained on the job, you should consult an attorney who is experienced in workers' compensation law. It is unlawful in Washington state for an employee to be fired, suspended or disciplined for filing a workers' compensation claim. Suspension or termination does not eliminate the employer's obligation to provide you with workers' compensation benefits you are already entitled to receive.
Compensation benefits are paid to the surviving spouse of a worker who has been killed in the course of employment or as a result of a work-related injury. If the worker died after suffering an occupational illness, the spouse will receive death benefits. These benefits usually come to an end if the spouse remarries. In addition, if an employee dies due to a workplace accident, his or her estate will receive burial expenses.
The Department of Labor and Industries and self-insured employers are required by law to pay for all medical treatment an employee needs resulting from a work related injury or illness. This holds true even if the treatments continue after the employee has returned to work. If payments are denied you may want to contact a lawyer to see if the denial was proper.
