A workplace injury can be physically, emotionally, and financially devastating. Depending on the severity of the injury, a worker may require extensive medical treatment, need to take time off from work, and lose their future earning potential. Washington State Department of Labor & Industries (L&I) provides several crucial benefits for those who have been hurt on the job. However, what is included in L&I benefits depends upon the specific facts and circumstances of each case.

Key Takeaways

• L&I is a no-fault insurance program in Washington State that provides a variety of benefits for workers who have been injured in a workplace accident or suffered an occupational disease.
• L&I benefits cover “proper and necessary” medical treatment, time-loss compensation, loss of earning power, and permanent disability benefits for injuries that do not fully resolve.
• In the event a worker passes away due to their workplace injury or occupational disease, their surviving beneficiaries may be entitled to file an L&I claim for survivor benefits.

What is L&I?

L&I is short for “Labor and Industries,” the department that runs Washington State’s Workers’ Compensation program. It essentially operates a no-fault insurance program that provides benefits to workers who have been injured on the job or have developed occupational diseases, including medical treatment, wage replacement, and disability benefits. Unlike with a personal injury claim, workers do not need to establish that anyone was at fault for the workplace accident in order to access these benefits. The Department also ensures employers follow labor standards, enforces workplace safety, and investigates workplace violations.

What is Included in L&I?

Many workplace injuries can have lasting consequences, impacting a worker’s career and ability to earn a living. While the Workers’ Compensation system is designed to provide financial and medical support during recovery, workers who have been hurt on the job may ask, “What is included in L&I?” Depending on the injury and its impact on a worker, the following benefits may be included in L&I:

Medical Treatment for Work-Related Injuries

Medical bills can quickly mount after suffering a workplace injury. Notably, L&I covers medical treatment that is “proper and necessary” for injuries that have been caused or aggravated by a workplace accident. Covered medical costs can include:

• Doctor visits
• Hospitalization
• Physical therapy
• Prescription medications
• Diagnostics
• Mental health treatment
• Medical devices and durable medical equipment

These benefits also apply to occupational diseases that are the direct result of employment conditions. The coverage lasts until a doctor has certified that the condition has stabilized and maximum medical improvement has been reached.

Wage Replacement

Often, workplace injuries require taking time off to recover. If a doctor certifies that a worker is unable to work due to their condition, L&I may issue a portion of lost wages. However, it’s important to be aware that there are several caveats to receiving “time-loss compensation.” The first three days after a workplace injury are considered a “waiting period,” which is paid retroactively if a worker is still unable to return to work after the seventh day following the injury. The fourth, fifth, and sixth days are paid normally, regardless of whether the injury continues beyond the seventh day.

Checks for wage replacement are sent twice a month, as long as a doctor confirms that the worker is unable to work at all during recovery. Time-loss compensation is not full paycheck replacement. L&I only covers 60-75% of a worker’s regular wages, based on the number of dependents. If medical restrictions must remain in place, it may be possible for a worker to return to work in a light-duty capacity while still receiving medical benefits.

Loss of Earning Power

Sometimes, a worker may be able to return to the workplace on light duty, but an employer may only be able to bring them back at a lower rate of pay. In these situations, a worker may apply for loss of earning power benefits. To qualify for these benefits, two conditions must be met:

• The earnings at the new position must be more than 5% lower than the wages earned at the time of injury.
• Medical certification must demonstrate that the loss of earning power capacity is due to a work injury or occupational disease.

Loss of earning power benefits are only appropriate when a worker is able to perform some work. If a worker is unable to work at all, they can receive time-loss compensation.

Permanent Disability Benefits

There are two types of permanent disability benefits that can be covered by L&I. These categories include the following:

• Permanent partial disability: If a worker’s medical treatment has been completed and they are still able to work but have suffered a permanent loss of function, they may be rated for a PPD award. After this award has been issued, medical benefits and wage replacement benefits would end.
• Permanent total disability: If medical evidence shows that a worker is permanently prevented from engaging in gainful employment, L&I may issue a disability pension. This is a monthly wage replacement for life, typically at the prior time loss rate.

Both types of benefits are designed to account for long-term work-related injuries and provide financial support when injuries have not fully resolved.

Vocational Rehabilitation

After suffering a workplace injury, a worker may be referred to a vocational rehabilitation counselor. Vocational rehabilitation is meant to help an injured worker learn new skills as they transition into a job that is physically appropriate if they cannot return to their previous position. A counselor will conduct an ability-to-work assessment, assist with resume building, and find suitable employment opportunities.

Death Benefits

In cases where a worker passes away as a direct result of their workplace injury or illness, their surviving beneficiaries may be entitled to receive an immediate one-time payment, financial assistance for burial expenses, and a monthly survivor pension.

Contact an Experienced Washington L&I Attorney

If you are wondering what is included in L&I, it’s essential to have a skilled workers’ compensation attorney by your side who can help ensure you obtain the benefits you deserve. At Reck Law, PLLC, we are dedicated to helping injured workers navigate their L&I claims and achieve positive outcomes. To learn more about our legal services in Washington State, contact us today to schedule a free consultation.