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While working within the State of Washington, if you suffer a work related injury or an occupationally related disease, you are entitled to certain benefits under Washington's Industrial Insurance Act/Workers' Compensation system. The primary goal of the workers' compensation system is to provide maximum reasonable and necessary medical benefits, which will likely result in some significant reduction in the impairment or disability caused by the work related injury or occupationally related disease. Washington's workers' compensation system is administered by the Department of Labor and Industries.
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When You and the Department Disagree
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As outlined above, there are many benefits available to injured workers under Washington's Industrial Insurance Act. There also can be many disagreements between the injured worker and the Department of Labor and Industries about what benefits are appropriate. Sometimes the injured worker and the Department of Labor and Industries disagree over whether an injury or disease is work related, or if it is work related, whether certain treatment is reasonable and necessary or whether the treatment is actually reducing any impairment or disability. There can be disputes over whether more treatment is needed. Sometimes there are disagreements over whether you are unable to work and entitled to time loss compensation, or whether your inability to work is related to your on the job injury or disease. There can be disagreements about whether the Department correctly calculated your time loss compensation benefits or correctly determined and rated your disability. There can be disputes about whether your claim should be closed with no further benefits, or if your claim is already closed, whether it should be reopened for additional benefits. An injured worker can protest a Department decision if done within the narrow time frame required by law. The Department can then reexamine its decision and change it or stand by it. If the Department doesn't change its decision, that decision can be appealed to a separate state agency, the Board of Industrial Insurance Appeals. The Board is set up to only hear appeals of decisions by the Department of Labor and Industries.
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