If you have been injured at work, every day you go without financial support can put you and your family in an unstable situation. Furthermore, your medical treatment may not be able to wait. So how long does an L&I Claim take in Washington? And when can you expect to start receiving benefits and treatment approvals?

How Long Does an L&I Claim Take?

Some L&I claims are very simple and may only last a few weeks, but many claims take much longer. The length of time a Washington workers' compensation case filed with the Department of Labor & Industries (L&I) takes to resolve depends on lots of factors, from how your employer handles claims, to the nature of your injury, and how your doctors handle things on their end. If your claim is delayed, you will need to be patient and diligent to make sure you receive all the benefits you are entitled to based on your injury.

Why Do Some Washington L&I Claims Take So Long?

There are a number of reasons your L&I claim may be delayed:

Fraud Prevention

Much of the delay in processing a L&I claim comes from your assigned Claims Manager reviewing your application, and all the support documents filed by you and your doctors, to make sure all the state requirements have been met. To prevent fraud, the Department of Labor and Industries goes through each application thoroughly to verify your injury, its severity, and the necessary treatment. In some cases, your Case Manager may even request that you undergo an Independent Medical Exam before resolving your claim.

Complexity of Injury or Illness

If your L&I claim is complicated, or the line between your workplace and your occupational illness is hard to follow, it could delay approval on your claim. You, your L&I attorney, and your doctors should do everything you can to explain the connection between what happened at work and the injury or illness you are suffering, to make it easier for the Claims Manager to review and approve your case.

Medical Provider Delays

Your L&I claim may also be delayed if your medical providers don’t file their medical reports on time. Some treating professionals wait until your condition reaches “maximum medical improvement” (MMI), and then file all their documentation at once. This can extend the time for you to receive your benefits, even those unrelated to wage loss or other parts of the claim unrelated to your medical treatment.

Employer Disputes

Finally, any dispute raised by your employer could result in delays in processing your L&I claim. Washington’s L&I system is not based on fault, so your employer cannot interfere with your claim by saying you caused the injury. However, other issues could arise that will slow down the approval process.

Denials and Appeals

If the Department of Labor and Industries, or your employer’s self-insurance third-party administrator (TPA), denies your L&I claim, it could delay the payment of benefits even further. You only have 60 days to protest or appeal the decision, but it could take far longer for that appeal to be completed.

Options to Speed Up the L&I Process

If you need to resolve your L&I claim sooner, you may be able to enter into a structured settlement. This means that you and the Department or your employer have agreed to resolve your claim for a set monetary amount, paid out in a series of fixed cash payments. Once a settlement has been reached, it must be approved by the Board of Industrial Insurance Appeals (BIIA). After that, each party has 30 days to revoke their consent before the settlement agreement becomes final. Payments on the structured settlement will usually start within 14 days of the end of the revocation period. A structured settlement cuts off future claims related to your workplace injury or occupational illness, except for payments for future medical treatments for the condition identified in your medical claim.

At Reck Law, PLLC, we know it can be frustrating to wait for your L&I claim to be resolved. We are here to help you file 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.