An industrial injury claim – In most cases must be filed with the Department of Labor & Industries or self-insured employer within one year of the date of the injury or the claim will be rejected. The sooner you file the claim the better.

An occupational disease claim – These must be filed within two years of when your doctor advises you in writing that your work produced your symptomatic physical condition and that you should file a claim. It is best to file the claim as soon as you and your doctor determine that your physical condition is related to the work you are or have performed in the past.

For hearing loss claims – The claim must be filed within two years of last exposure to work-related noise. If the claim is filed after that two-year deadline, you will only be entitled to medical treatment and hearing aids, but no permanent partial disability award for occupational hearing loss.

It is usually best to file any claims as soon as possible.

The amount of time loss compensation you receive is established by statute, and is determined by your wages at the time of injury. You are paid a percentage of those wages (60%, up to a maximum set by workers’ compensation law) with additional percentages for spouse and dependents, all subject to a maximum rate equal to 100% of the average monthly wage of all employment in this state. Compensation for permanent physical or mental impairment is paid pursuant to a statutory schedule of benefits in effect on the date of your injury or when your occupational condition arises. Many compensation issues are driven by the opinion of your doctor.

All Department orders must contain the following language: This order shall become final within sixty days from the date the order is communicated to the parties unless a written request for reconsideration is filed with the Department of Labor and Industries, Olympia, or an appeal is filed with the Board of Industrial Insurance Appeals, Olympia. Any decision made by the Department of Labor & Industries by formal written order will become final within 60 days of the date of receipt, unless protested in writing to the Department of Labor & Industries or appealed in writing to the Board of Industrial Insurance Appeals.

Always review each order to be certain that you agree with it. If you do not, then either file a request for reconsideration, or appeal, within the time limit or contact our office. If you are ever unclear about an order, contact a workers’ compensation lawyer for clarification.

The law provides that medical treatment is covered until the conditions resulting from your injuries are judged by medical opinion to have become medically fixed and stable. The Department or employer is entitled to submit you to periodic medical evaluations to determine whether or not further treatment will likely improve your condition. Disputes frequently arise over treatment issues because of conflicting medical opinions, a workers’ compensation lawyer in the claim can often help to resolve such conflicts.

If you receive a denial or rejection order from the Department, you should contact our office as soon as possible so that we can review your claim and take appropriate action within the protest or appeal period. Taking an appeal to the Board of Industrial Insurance Appeals before speaking with a qualified workers’ compensation attorney may lead to delays in benefits or difficulty in finding an attorney to take your appeal. In many instances, a further protest to a higher level adjudicator at the Department of Labor & Industries can expedite payment of benefits without the necessity of an appeal.

The Washington State Workers’ Compensation laws are no fault, meaning you have the right to benefits even if you are at fault for the injury. The law generally prohibits any lawsuit against your employer or coworker, with the very limited exception of deliberately caused injuries. Please contact our office for a further explanation.

Yes. If a third party, other than your employer or coworker, causes the injury, then a third-party action can be brought against the negligent person or company. Examples are a car accident caused by someone else, injury by defective products or machinery manufactured by a company other than your employer, or injury by a general or subcontractor on a construction site. Any lawsuit would need to be brought within the time provided by law. The Eggerman Law Firm PS has experience in each of these types of third party lawsuits.