WA State Labor and Industries Workers Comp Injury Benefits

Seattle Workman’s Compensation Lawyers Help with Washington L&I Benefits

Washington Workers Compensation Benefits Explained by Seattle Attorneys

Washington State Labor and Industries (L&I) was established in order to assure that injured workers and their families are able to survive after being injured on the job. Whether it’s due to a construction accident, industrial accident, office accident, safety issue, or negligent policy, Washington State workman’s comp pays a portion of the employee’s wage.

Washington employees agreed to waive their constitutional right to sue their employer in order to have these protections available to them. Since the establishment of L&I, one of only four state run workers compensation insurance agencies in the United States, it has proven to be one of the most efficient, equitable, and affordable systems in the country.

But it is still a large government bureaucracy with all of the trimmings and red tape of an insurance company. That’s because it is essentially a large insurance company with a fund that Washington employers pay a premium to based on the number of employees and the dangers of the workplace. It is these dangers with which WA workers compensation is determined.

Temporary Disability Benefits

A temporary disability is when an employee must take time off of work due to an injury sustained while on the job or during a work related activity. This could be from a broken bone to a heart attack. Temporary disability benefits compensate for time off of work so that the employee can feed their family while they rest and heal.

Benefits - Generally the worker receives 60% of their income based on their current earnings received bi-monthly and generally it kicks in within 14 days of the beginning of the claim.

Returning to Work - Depending on the nature of the injury the WA employer may choose to bring the employee on in a different capacity as they heal such as answering phones, administrative, or in a supervisory roll. In this case, if the wage is has a Loss of Earning Potential (LEP) of 5% then the employee can gain up to 80% of their prior wages.

For Example: If a worker breaks their leg in a job that requires walking and heavy lifting at a pay rate of $15 per hour, the employer may choose to bring the worker back because of their knowledge to work with customers at $10 per hour. L&I would then supplement the worker another $2 per hour or 80% of their wages. Thus the worker, instead of making $9 per hours sitting at home, makes $12 an hour working.

Partial Permanent Disability Benefits

These are injuries that inhibit the worker from continuing their prior profession due to limb loss, partial paralysis, or a debilitating medical condition. There are rules and amounts set for these conditions with a yearly schedule released for amounts of each. The injured worker receives this amount on top of their Washington workers compensation.

For Example: In 2009 the loss of the primary arm from the shoulder was approximately $108,000. This benefit is reduced in the percentage of loss of the limb. If the whole limb is lost then 25% of the benefit is paid up front (around $27,000), then a payment schedule is set up for a gradual pay off of the rest of the funds over time, adjusted for interest paid to the recipient.

The interest increases the amount of the benefit for the inconvenience of a payment schedule. These payments are on top of the compensation benefit while the worker retrains for a new profession that will accommodate their disability.

Retraining - A fund of $7,000 per year is set aside for the worker to attend vocational retraining or school for a two year period. Though this is not enough to cover larger university tuition in Washington State, it is generally enough to pay for a full time schedule in community college and most vocational programs. Any discrepancy in funds is then supplemented by federal Pell grants and financial aid.

Employment – Compensation benefits are reassessed upon retraining and the worker’s reentry into the work force. They may be readjusted or discontinued based on the amount the worker is paid.

Social Security Disability Benefits (SSI) – Phillips Law Firm attorneys encourage workers to apply for these benefits so that there is a seamless transition from Washington State workers compensation to SSI benefits. This is long 46-page form that the Phillips Law Firm legal professionals are more than happy to assist with.

Permanent Disability

This is when the worker is permanently disabled and considered unable to work. As with partial permanent disabilities, they are entitled to compensation for loss of limb or loss of ability to use certain parts of their body. Again, these amounts are based on the nature of the injury and paid out accordingly with 25% of the total sum up front then set into a payment schedule.

The difference between permanent disability and partial permanent disabilities is not only the degree of injury (loss of one arm as opposed to both arms, etc.), but also the way the benefit is paid. Permanent disabilities are paid a pension for the rest of their lives regardless of whether they find another job or not.

Workers with permanent disabilities are also entitled to retraining benefits for the two-year period. They are also entitled to Federal Social Security Benefits, but may not draw both Washington State worker’s comp and SSI.

WA Workers Compensation Lawyers Help Employees with Complicated Benefit Claims

Many times, when an employee loses their arm or leg, there is no dispute by either the employer or L&I. The state agency simply begins the benefits and there is little need for legal representation. But most of the time there are multiple injuries, complicated medical conditions, and unfortunate employer disputes.

When things start getting messy is when the worker needs a strong advocate on their side to assure that they get the compensation they deserve. Phillips Law Firm in Seattle, WA has experienced workers compensation attorneys that can assess the situation and represent the worker’s best interests. You don’t have to fight alone! Phillips Law Firm is there to help.