|
|
 |
| | | | | |
-
-
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.
| | | | | |
|
|
-
Wage Replacement
-
While your claim is open and you are receiving medical treatment, if your injury or disease leaves you temporarily unable to work or it reduces your ability to work, you may be entitled to certain wage replacement benefits. These benefits are called time loss compensation and/or loss of earning power. You are not entitled to a one hundred percent replacement of your lost wages. Time loss compensation is awarded at 60% of your wages up to a maximum of 75% of your wages, depending on the number of dependents you have at the time of your injury. During your recovery, you might return to light duty work or part time work. Often times these light duty or part time positions pay significantly less than your position of injury. If that is the case, you are entitled to loss of earning power benefits while your claim is open if the new position wages are a loss of 5% or greater than the wages you earned at the position of injury.
|
| | | | | |
|
|
-
Vocational Retraining
-
Should your injury or disease be such that you can no longer perform your job of injury, the Department of Labor and Industries may also provide you with vocational benefits. It is important to understand that you are not entitled to vocational benefits as a matter of right. The extent of benefits is up to the Department's discretion. Vocational "benefits" can consist of someone simply interviewing you to determine you are employable at a much lesser paying job, up to providing you with meaningful vocational retraining for a maximum of two years. Persuasive and tactful negotiation on your behalf by a knowledgeable attorney is often helpful in obtaining additional vocational benefits for an injured worker
|
| | | | | |
|
|
-
Permanent Partial Disability
-
At the time the Department of Labor and Industries believes you have reached maximum medical improvement, it will attempt to determine whether you have suffered: any permanent partial disability. This determination is done by a physician. If there is , permanent partial disability associated with your injury or disease, you are entitled to an .award for the disability. Although these awards are paid strictly according to a statutory schedule of benefits, doctors who rate permanent impairment must interpret some ambiguous regulations. For this reason, medical opinions on permanent impairment frequently vary widely. Often times your employer or the Department of Labor and Industries uses conservative semi-retired doctors to conduct these rating determinations that can appear biased against the injured worker. An attorney can assist in obtaining another evaluation of your disability and a more fair rating of impairment, which may result in more adequate compensation for your injuries.
|
| | | | | |
|
|
-
Total Permanent Disability or Pension
-
If your job related disability or impairment is to the extent that you are permanently unable to perform any type of reasonably continuous gainful employment, the Department of Labor and Industries may determine that you are totally and permanently disabled. When this determination is made, you are entitled to pension benefits for life. These pension determinations usually do not come easily and in fact may be vigorously contested, by either your employer or the Department of Labor and Industries. Such determinations can be aided by a careful presentation of medical and vocational proof, almost always best accomplished by an attorney experienced in the system that the Department of Labor and Industries uses. Thoughtful and diplomatic communication with the Department can identify those workers who should be placed on the pension roles without the necessity of litigation.
|
| | | | | |
|
|
-
When You and the Department Disagree
-
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.
|
| | | | | |
|
|
-
Free Consultation
-
How and when an injured worker responds to any of the disagreements they might have with the Department is critical to the processing of the injured worker's claim. Failure by the injured worker to respond in time or to respond adequately can hinder or prevent the injured worker from rightfully obtaining needed benefits. Whether protesting a Department decision or appealing a final Department decision to the Board of Industrial Insurance Appeals, the assistance of an attorney experienced in labor & industries law can protect your rights and entitlement to needed benefits. The Law Office of Dale Wagner is ready to help you in this manner.
|
|
|
|
