Being injured in a workplace accident or diagnosed with an occupational disease can turn your life upside down. The Washington workers’ compensation system is designed for situations like yours, but navigating a claim can feel confusing, bureaucratic, and at times adversarial. Having an experienced attorney on your side to file a Workers’ Compensation claim can mean the difference between a long and drawn-out claims process and having your claim approved quickly. Whether you are filing for the first time or have run into an unexpected obstacle, a workers’ compensation attorney can help you recover the benefits you deserve.

Key Takeaways

• When a worker is injured due to a workplace accident or diagnosed with an occupational disease, they must report the injury “forthwith,” meaning it should be done as soon as reasonably possible.
• Claims for injuries caused by an industrial accident must be filed within one year of the date of injury, while claims for an occupational disease must be filed within two years from the date the worker was notified of the disease and informed by a physician or ANRP of their right to file.
• If your claim for L&I benefits was denied, you generally must file an appeal within 60 days of receiving notice of the adverse decision.

Filing an L&I Claim in Washington: A Step-by-Step Guide

When a worker suffers a workplace injury or is diagnosed with an occupational disease, they are entitled to file a Workers’ Compensation claim to obtain benefits through the State of Washington’s Department of Labor and Industries (L&I). Many injured workers mistakenly believe filing an L&I claim requires mountains of paperwork. In practice, most claims for L&I benefits can be filed quickly, often during a single visit to a medical provider.

The steps to filing a claim for L&I benefits are fairly straightforward. However, problems may arise when you take the steps out of order or miss a filing deadline. The steps to file a Workers’ Compensation claim are generally as follows:

Report the Injury to Your Employer as Soon as Possible

Under Washington law, a worker who experiences a workplace accident must report it to their employer “forthwith.” There is no fixed number of days for reporting the accident, but it should be done as soon as reasonably possible. As a practical matter, waiting to report the accident may give your employer and their insurance company a reason to challenge the claim and possibly deny approval for L&I benefits.

Seek Medical Attention for Your Work-Related Injury

Under Washington State’s Workers’ Compensation system, an injured worker has the right to select their own qualified medical provider. Approved medical providers include physicians, chiropractors, naturopaths, podiatrists, optometrists, ARNPs, physician assistants, and, for claims involving mental health conditions, psychologists.

Many claims for L&I benefits are opened during the worker’s first medical appointment. The medical provider completes a Report of Accident (ROA) form, which they can submit electronically. In most cases, the worker is not required to provide additional documentation to open a claim.

File the Report of Accident

For employers who receive L&I coverage through the Washington State Fund, the injured worker can file a claim for L&I benefits at the doctor’s office. This is the most common path. An injured worker can also file a claim online through the L&I FileFast portal, or by calling 1-877-561-3453.

Workers whose employer is self-insured should receive a Self-Insurance Report of Accident (SIF-2) from their employer’s HR department and should bring it with them to their doctor’s appointment. A worker can also file electronically using a Provider’s Initial Report (PIR), form F207-028-000.

If you are unsure whether your employer is insured through the Washington State Fund or is self-insured, you can check L&I’s Find a Self-Insured Employer tool.

Ensure You Meet the Filing Deadline for Your Claim Type

Under RCW 51.28.050, in Washington State, claims for L&I benefits due to an industrial accident must be filed within one year from the date the injury occurred.

Under RCW 51.28.055, claims for injuries caused by an occupational disease must be filed within 2 years from the date a physician or ARNP gives the worker written notice of the disease and that a claim can be filed.

If an employer discourages or prevents an injured worker from filing a claim for L&I benefits, the filing deadline may be waived. However, this determination is discretionary and fact-specific, and is not a guaranteed extension.

Get the Claim Number and Track the Decision

Once you file the ROA, a claim number is assigned. Keep this claim number on hand, as it will be required for every later step, from checking the claim status to communicating with a claims manager.

For L&I claims involving time-loss compensation against a self-insured employer, the insurer must request an allowance. The Department of L&I may issue an order allowing the claim unless they received a request for an interlocutory order or a claim denial.

The first time-loss compensation payment is generally made within 14 days after the claim is eligible and the wage and dependent information is complete. A claim filed with missing information can cause delays.

Know Your Rights If Your Claim Is Denied

If you file a Workers’ Compensation claim and your claim for L&I benefits is denied, you generally have 60 days from the date of the decision to file a written protest with L&I or appeal the decision to the Board of Industrial Insurance Appeals.

Under RCW 51.48.025, it is unlawful for an employer to fire, demote, or discriminate against a worker for filing or communicating an intent to file an L&I claim. A worker who believes they were discriminated against or wrongfully discharged can file a complaint with the Department of L&I within 90 days.

How the Washington Workers’ Compensation Attorneys at Reck Law Can Help

For workers who were injured in a workplace accident or diagnosed with an occupational disease, filing a claim for L&I benefits may be the easiest part of claiming your benefits. Promptly reporting your injuries, filing your claim through the proper channel, meeting the deadline for your claim type, and knowing the time for filing an appeal are critical to ensuring you receive the full benefits you deserve.

The Washington State workers’ compensation attorney team at Reck Law exclusively represents injured workers in claims for L&I benefits. Workers’ compensation is all we do, and we are here to help. To learn more about our unique approach to workers’ compensation claims in Washington State, contact Reck Law to schedule a free consultation.