If you have an on-the-job injury, or are suffering from an occupational disease, you may have a claim with the Washington Department of Labor & Industries (L&I). But not all L&I claims are the same. Here’s how L&I claims differ for injuries versus occupational diseases, so you can understand what you need to do to get the support you need for your condition.

Common Types of L&I Claims

The Washington Department of Labor & Industries handles two different types of workers’ compensation claims: industrial injury and occupational disease. While these two categories of L&I claims differ in many ways, the both provide the same overall claim benefits and between the two they both cover most work-related conditions and events. Some common types of L&I claims include:

• Back sprains, strains, or herniated discs
• Cuts, puncture wounds, or lacerations from tools or machinery
• Slip and fall injuries, including falls from height
• Overexertion
• Repetitive strain injuries
• Torn muscles, tendons, or ligaments
• Broken bones
• Shoulder or neck pain
• Concussions
• Trauma disorders
• Depression
• Assaultive injuries
• Burns
• Loss of hearing
• Eye strain
• Exposure-related conditions

L&I Claims for Industrial Injuries

An L&I Industrial Injury is an injury caused by a sudden and traumatic event that happens on the job and immediately or promptly causes a specific, usually physical, injury. Common examples include:

• Slip and fall accidents
• Machinery injuries
• Falls from height
• Safety equipment failures
• Putting your back out from lifting too heavy an object

These incidents are caused by a concrete work-related event, something you can easily point to as the start of the problem.

If you experience an industrial injury, you have one year from the date of the injury to file your L&I claim. To file a claim, you need to see a medical provider and fill out a report of the accident. In the accident description box you need to explain what happened and your immediate symptoms. The sooner you see a doctor following an injury and file your report of accident, the better. If more than a few weeks passes, you may want to work with an L&I attorney to ensure you have the evidence you need to prove your claim.

L&I Claims for Occupational Disease

An “occupational disease,” sometimes called a workplace illness, is a “disease or infection that arises naturally and proximately out of the workers’ employment.” In other words, these are conditions that develop as a natural consequence of the conditions around your particular type of employment. The condition does not need to be exclusive to your industry, but it can’t be caused by conditions of everyday life or all employment in general. Instead, something about your working environment causes or aggravates your disease. Common examples of occupational diseases include:

• Repetitive strain injuries (like carpal tunnel syndrome caused by too much typing)
• Hearing loss (as a result of exposure to loud machinery)
• Respiratory illnesses caused by chemical exposures

An L&I claim for an occupational disease must be filed within two years of receiving a written notice from a medical provider that you have an occupational disease and should file a claim. In the Report of Accident it will be important to state what specific work activities you think caused your condition. If L&I does not allow your claim, it may be necessary to engage an attorney to provide evidence of your exposure history, diagnosis, treatment, and the connection to a workplace condition.

L&I claims for occupational disease can sometimes be more difficult to prove than claims for industrial injuries, and are rejected more frequently. Often this is because your medical provider has not done enough to connect your symptoms to the conditions in your office or workplace. If your occupational disease claim is questioned or rejected, it is important to work with an experienced L&I workers' compensation attorney who can help you prove your claim and get the benefits you need to support yourself as you heal and get back to work.

Repetitive Trauma Injuries

You may also experience a work-related repetitive trauma injury. This is a physical condition caused by the cumulative effect of numerous small injuries. They are hybrid claims which, depending on the specific diagnosis, may be considered either an injury or an occupational disease. Talk to your L&I attorney about your condition, its causes, and which category suits your situation best.

Mental Health Conditions and L&I

Mental health conditions may qualify as either an L&I injury or an occupational disease, depending on the circumstances of how the condition developed or worsened. However, it is important to note that mental health claims stemming from the cumulative effects of a stressful work environment are not allowed except for first responders. For example, first responders may experience post-traumatic stress disorder (PTSD) after experiencing a violent, criminal, or otherwise traumatic event at work. They also may develop the condition over time from being exposed to repetitive stressors and traumas at work. These types of repetitive or cumulative stress claims are permitted.

For people who do not work as first responders, the only type of mental health only claim that is allowable is an industrial injury. These types of claims are allowed when there is a specific, sudden, traumatic incident that may not produce any physical injury but does cause a mental health condition to develop. This could be anything from a school employee who is working during an active shooter incident, to a store clerk involved in a robbery, or even witnessing or discovering the death of a coworker or patient while on the job.

Summary

Whether you have experienced a sudden industrial injury, or have developed an occupational disease over time, Washington law says you are entitled to workers’ compensation to support you as you heal. Benefits are available for a wide range of injuries and illnesses, as long as you follow the correct procedure.

At Reck Law, PLLC, we know it can be frustrating to get the help you need. Weare here to help you identify your L&I claims, prove your case, and collect the benefits you are entitled to. To learn more about our unique approach to workers’ compensation claims in Washington State, contact Reck Law to schedule a free consultation.