Colburn Law
Washington Work Injury FAQs
Every year, thousands of Washington workers face the physical, emotional, and financial challenges that follow a job-related injury. From construction sites to office buildings, manufacturing plants to retail stores, workplace accidents affect workers across all industries and job types.
The good news is that Washington maintains one of the country’s most comprehensive workers’ compensation systems to protect and support injured workers through their recovery. Here is what you need to know about work injuries in Washington—and what to do if an accident happens.
Contact a work injury lawyer in Seattle today at (206) 919-3215 for a no-obligation consultation.
Why Injured Workers in Washington Trust Colburn Law
- Attorney Greg Colburn’s experience in workers’ compensation is invaluable when it comes to protecting your rights.
- Clear, honest communication means your story will be heard, and your lawyer will be accessible when you need answers.
- We only charge legal fees if we win, so you don’t face additional costs after an unexpected injury.
What Should I Do Immediately After a Workplace Injury?
After a workplace injury, it is important to take two critical steps. First, report the incident to your supervisor as soon as reasonably possible. This prompt notification establishes an official record of your injury and initiates the claims process.
Second, seek medical attention right away, even if you do not feel hurt. Some injuries worsen over time, and delaying medical care could compromise both your health and your ability to receive full workers’ compensation benefits.
Am I Covered by Workers’ Comp in Washington?
Most Washington workers qualify for workers’ compensation coverage through the Department of Labor & Industries (L&I). This protection extends to both full-time and part-time employees, regardless of immigration status. Even workers paid in cash maintain their right to workers’ comp coverage under state law.
However, certain workers fall outside the system. Independent contractors, sole proprietors, and LLC members typically do not qualify for coverage. Additional exceptions include:
- Domestic workers in private homes working less than 40 hours weekly
- Children under 18 performing farm work for their parents
- Employees already protected under federal compensation programs
- Salon professionals and makeup artists who rent their workspace
- Certain musicians and entertainers
How Long Do I Have to File a Work Injury Claim?
In Washington, you only have a limited amount of time to file a work injury claim. However, the time limit varies based on whether you suffered a physical injury or developed an occupational illness.
For sudden workplace accidents, you must file your claim within one year of the incident. Occupational disease claims, which develop over time through workplace exposure or repetitive motions, carry a two-year filing deadline. This two-year period begins when a doctor provides written confirmation that your illness is work related.
Can I Choose My Own Doctor for a Work Injury?
You have the right to select your own medical provider for treatment, as long as the doctor is part of L&I’s approved provider network. You can search a database of qualified providers on the L&I website to find a medical professional that you trust, or to confirm if an existing provider is part of the network. If you need to seek treatment outside of Washington, your doctor must obtain an L&I provider number first.
What Benefits Am I Entitled to Under Workers’ Compensation?
Workers’ compensation claims can provide several benefits to support you throughout the recovery process. These benefits may include:
- Medical Expenses: Workers’ compensation covers all necessary medical treatment related to your workplace injury, including emergency care, hospital stays, doctor visits, diagnostic tests, medications, physical therapy, and medical devices. These benefits continue until you reach maximum medical improvement.
- Vocational Rehabilitation: If your injury prevents you from returning to your previous job, L&I provides vocational retraining services to help you develop new job skills. This may include education programs, job placement assistance, and career counseling.
- Travel Reimbursement: You can receive compensation for mileage, parking fees, and other travel-related expenses when attending medical appointments, vocational rehabilitation sessions, or independent medical examinations required by L&I.
- Time Loss Compensation: If you cannot work temporarily due to your injury, you will receive wage replacement benefits. This compensation usually ranges from 60% to 75% of your pre-injury wages. The exact amount depends on your marital status and number of dependent children.
- Loss of Earning Power (LEP) Benefits: When your injury forces you to accept a lower-paying position or reduced hours, LEP benefits help make up the difference between your current earnings and what you made before the injury. This protects you from income loss during your recovery period.
- Permanent Disability Benefits: If your injury results in permanent impairment, you may qualify for total permanent disability benefits if you are completely unable to work. If you are able to work in some capacity, you could receive permanent partial disability benefits based on a medical provider’s assessment of your lasting physical limitations and a predetermined schedule set by state law.
Can I Be Fired for Filing a Workers’ Comp Claim?
Filing a workers’ compensation claim is a protected legal right. Employers who terminate or discriminate against workers for pursuing legitimate claims can face serious consequences. If your employer fires you after filing a workers’ comp claim or takes any retaliatory action against you, you may have the right to pursue legal action. Speak to an employment lawyer right away to explore your legal options.
What Is the Value of My Workers’ Comp Settlement?
Every workers’ compensation claim is different. As a result, no two settlements are the same. You will need to closely evaluate the severity of your injury, its long-term impact on your health and earning capacity, and the necessary medical treatment that you require. A Seattle personal injury lawyer can help value your claim so that you can pursue a full and fair settlement.
What Happens If My Workers’ Comp Claim Is Denied?
Your workers’ compensation claim may be denied for a range of reasons, from incomplete evidence to disputes that the injury was actually work related. You may also be offered a lower settlement than what you actually need to recover. If you disagree with L&I’s decision, you have the right to appeal the decision within 60 days.
Speak with a Washington Work Injury Attorney Today
If you are injured on the job in Washington, Colburn Law can help you recover the benefits that you deserve. For years, we have helped employees pursue workers’ compensation claims and third-party lawsuits in cases of negligence. You can trust us to evaluate your case, gather all necessary pieces of evidence, and develop a claim for the benefits you need.
Take the first step toward securing your future. Contact us today at (206) 919-3215 for a free consultation with a Washington work injury attorney.