Navigating the Department of Labor & Industries or L&I claim process can be confusing and frustrating for injured workers in Washington. Working with a skilled L&I workers’ compensation attorney helps you know what to expect during the L&I claim process, taking the burden off you, so you can focus on healing.

What is an L&I Claim?

In Washington State, injured workers have access to benefits through their employers’ no-fault workers' compensation coverage. An L&I claim is the insurance claim filed after a workplace accident or occupational disease diagnosis. It provides much-needed financial help, to support your recovery until you can return to work.

Types of L&I Benefits Available

Depending on the nature of your injury or disease, and your field of employment, you may be entitled to a variety of L&I benefits:

• Lost wages if you are unable to work due to your injury
• Loss of Earning Power (LEP) benefits while performing reduced, light-duty, or transitional work that pays less than your regular compensation
• Medical expenses related to the cost of treatment of your injury or disease
• Vocational rehabilitation training if you need to change professions due to your injury
• Pre-authorized travel expenses for medical treatment
• Property damage reimbursement for clothing, eyeglasses or contacts, footwear, and personal protective equipment (PPE) lost or damaged in the accident
• Firefighter benefits for respiratory illnesses
• Death benefits and survivor pensions are paid to your spouse, registered domestic partner, or dependents

The Washington L&I Claim Process

The L&I claim process can be complicated, and it is easy to get overwhelmed by everything you need to do, especially since you will be recovering from the injury or disease at the same time. Here’s a step-by-step guide to the Washington L&I claim process.

1. Get Medical Help

Before worrying about any paperwork, see a qualified medical provider immediately after your injury. Focus on your health first. Your doctor can document your injury and start the L&I claim process. Be sure to tell your doctor you were injured or your condition is work-related so they can complete an Application for Benefits form to help your L&I claim process go more smoothly.

2. Tell Your Employer

If you are hurt at work, you are legally responsible for notifying your employer, who in turn must inform the Department of Labor and Industries of your L&I claim. Talk to your direct supervisor, another manager or supervisor, or notify your company’s HR department. Provide complete information to your employer so they can help complete your L&I claim. It is illegal for an employer to discourage you from reporting your accident, so don’t worry about retaliation just because you were hurt at work.

3. File a Washington L&I Claim for Workers' Compensation

Next, file a workers' compensation claim with either the Department of Labor & Industries or your employer’s workers’ compensation insurance company. Larger companies are more likely to be “self-insured.” Your HR department will have information for you on where to file your claim. If your employer does not have separate workers’ compensation insurance, file your claim with L&I directly. The claim can be filed immediately, but it will not be processed until your doctor has submitted the necessary paperwork.

4. Submit Your Report of Accident

You must submit a Report of Accident to support your claim within one year of your injury (or two years of an occupational disease diagnosis). This report should include:

• The location of the accident
• Employer information
• Wage information
• Your doctor’s name
• The hospital or clinic where you received treatment
• Contact information for any witnesses to the accident

5. Attend an Independent Medical Exam, If Requested

Once your Report of Accident and Application for Benefits are submitted, an L&I Claims Manager will be assigned to your case. They may request that you be examined by an Independent Medical Examiner from an approved list. Completing this exam promptly helps prevent delays in receiving L&I benefits.

6. Receive L&I Benefits While You Heal

Once approved, you get access to workers’ compensation benefits, including all proper and necessary claim-related medical expenses, time-loss compensation, and other benefits (listed above). Time-loss benefits should begin as soon as seven days after the Report of Accident is filed. Other benefits can be paid as you incur medical and rehabilitative expenses, so you can prioritize your recovery.

7. Close Your L&I Claim and Return to Work (if Possible)

Once you have reached “maximum medical improvement” (MMI), your doctor will clear you to return to work in your previous industry or in another capacity. Once that is done, your L&I claim will close. However, if your injury gets worse after you return to work, you and your doctor can apply to reopen your case to continue receiving benefits.

8. Appeal or Protest Denied Claims

If your L&I claim is denied, you, your employer, and your doctor each have the right to file an appeal or protest the denial. The time frame to appeal L&I workers’ compensation decisions is just 60 days, so be sure to talk to an L&I attorney as soon as you get notice of any claim denial to make sure you have the support you need.

At Reck Law, PLLC, our workers’ compensation attorneys are here to help you navigate the L&I claim process. We know it can be frustrating to get the help you need. We will review your injury, and make sure each step in the process is complete, so you can receive benefits faster. To learn more about our unique approach to workers’ compensation claims in Washington State, contact Reck Law to schedule a free consultation.