Many injured workers expect their workers’ compensation benefits to run out after a set number of weeks, as a claim for unemployment benefits would. Washington’s workers’ compensation benefits do not work that way. Instead, the claim remains open and in effect as long as the injured worker’s medical provider continues to certify an inability to return to work.

Key Takeaways

• In Washington State, workers’ compensation benefits have no fixed end date; instead, the claim remains open and in effect as long as a medical provider continues to certify the injured worker’s inability to work.
• When vocational retraining is appropriate, an approved plan can extend workers’ compensation benefits; however, retraining benefits are generally capped at two years from the date of implementation.
• Workers who can never return to gainful employment may qualify for permanent total disability benefits, paid monthly for the rest of their lives.
• Even after a claim is closed, an injured worker can apply to reopen it within seven years of its first closure if their condition has objectively worsened.

Workers’ Compensation Benefits in Washington Do Not Come with a Built-In Expiration Date

In Washington State, once workers’ compensation benefits are approved, payments are made every two weeks for as long as the injured worker’s medical provider certifies a continued ability to work and the claim remains open. Injured workers may experience a brief waiting period before the first payment; however, once benefits have been approved, there is no statutory limit on the number of payments.

The End of Workers’ Compensation Benefits Are Triggered by Claim Closure

A claim for Washington State workers’ compensation benefits remains open until the worker returns to work, or until the worker’s medical provider or an independent medical examiner determines the injured worker has reached Maximum Medical Improvement (MMI), meaning the worker’s medical condition is fixed and stable. It is the determination that the worker has reached MMI, rather than a calendar date, that triggers the end of workers’ compensation benefit payments.

Vocational Retraining Can Extend L&I Benefits

When a worker is unable to return to their job and lacks transferable skills for other employment, L&I may approve a vocational retraining plan. Workers’ compensation benefits continue while the injured worker is actively participating in an approved retraining program. Vocational rehabilitation benefit programs are generally capped at 2 years from the date of implementation. Successful completion of vocational retraining is treated as evidence that the worker can return to gainful employment.

Permanent Total Disability Benefits: When a Worker Is Unable to Return to Work

A worker who is found to be permanently and totally disabled, meaning they are unable to perform any gainful employment, may qualify for Permanent Total Disability (PTD) benefit payments, also known as a pension, which are paid monthly, for the rest of the worker’s life. Critically, a pension is only available to individuals who will never be able to return to work. Individuals receiving Permanent Partial Disability (PPD) benefit payments are not eligible for a pension.

Structured Settlements for Workers Over 50

Workers at least 50 years old whose claim for benefits has been open for at least 180 days are eligible for a Claim Resolution Settlement Agreement (“CRSA”; formerly known as a “CRSSA”). A CRSA allows for early resolution of a claim for monetary benefits, such as time-loss, PPD, and pension, in exchange for a lump sum or structured payments. Future medical treatment for the approved condition remains available.

Even After Claim Closure, the Door Is Not Necessarily Shut

Even after a claim for benefits is closed, an injured worker can reopen the claim within seven years of its first closure to seek additional time-loss compensation, PPD benefits, or a pension, if their medical provider confirms their condition has worsened since the claim was closed. A worker’s eligibility to reopen a claim continues for their lifetime.

Contact an Experienced Washington L&I Attorney Today

Once approved, Washington State claims for workers’ compensation benefits remain open as long as a medical provider continues to certify the injured worker’s inability to work. Nonetheless, certain workers’ compensation benefits come with deadlines that can affect an injured worker’s eligibility. A skilled workers’ compensation attorney can evaluate your situation, answer your questions, and ensure you recover the benefits you deserve.

Reck Law, PLLC, is committed to helping injured workers navigate all aspects of their L&I claims and achieve positive results. To learn more about our legal services in Washington State, contact us today to schedule a free consultation.