Labor & Industry Lawyers - Seattle, WA
L & I Benefits are complicated, but when you suffer an injury in the workplace, it is important you understand your rights. If you are denied benefits or are victim of an unsafe workplace, the experienced attorneys at Phillips Law Firm will help you seek the compensation you deserve.
L & I Benefits in Washington State
- Generally the worker receives 60% of their income based on their current earnings received bi-monthly.
- In most cases it kicks in within 14 days of the beginning of the claim.
Temporary Disability Benefits
- The injured employee has the intent to return to work.
- Temporary disability benefits compensate for time off of work so that the employee can feed their family while they rest and heal.
Partial Return to Work
- During the healing process, the employer may choose to bring the employee on in a different capacity 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.
- 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 to, say, 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 hour sitting at home, makes $12 an hour working.
Partial Permanent Disability Benefits
- 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 workers compensation.
- 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.
- A fund of $7,000 per year is set aside for the worker to attend vocational retraining or school for a two year period.
- 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.
- The worker is permanently disabled and considered unable to work.
- 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.
- Permanent disabilities are paid as a pension for the rest of the injured worker's life regardless of whether they find another job or not.
- Workers with permanent disabilities are entitled to retraining benefits for the two-year period.
- Permanently injured workers are entitled to Federal Social Security Benefits, but may not draw both Washington State worker's comp and SSI.
- Spouses and immediate family members are entitled to benefits, both children and step-children. Divorced spouses are not entitled, however legally separated spouses are.
|Family Situation||% of Income||Total Injury/Death Benefit|
|Standard Injury Benefit||60%||60%|
|Spouse - no children (death benefit)||5%||65%|
|Spouse - 1 Child (death benefit)||2%||67%|
|Spouse - 2 Children (death benefit)||2%||69%|
|Spouse - 3 Children (death benefit)||2%||1%|
|Spouse - 4 Children (death benefit)||2%||73%|
|Spouse - 5 Children (death benefit)||2%||75% (max)|
|Child Alone (death benefit)||35%||35%|
Get Started with Your Free L & I Case Evaluation!
At Phillips Law Firm our L & I Lawyers are dedicated to getting you the justice and compensation that you deserve. Call Phillips Law Firm at 1-800-708-6000, we are waiting to assist you 24/7. We offer free case evaluations and have a no fee promise. If we don't recover anything for you, you don't owe us anything. For more information pleace visit our Workers' Compensation page.