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Lehmbecker Law Firm

Bellevue Personal Injury Lawyers

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7 Workers Comp Rights in Washington

It might surprise you to learn that there are nearly 3 million on-the-job accidents each year, according to the Bureau of Labor Statistics. The state of Washington alone reports 4.7 cases per 100 workers every year.

welderThis is why fully understanding your workers’ compensation rights is so critical. You need to know what to expect should you get hurt while performing the duties required by your employer. Consider seven workers’ comp rights you need to know if you work in Washington.

1. Your Payroll Deduction Helps Pay for Your Benefits

If you are injured, workers’ comp pays your medical expenses and lost wages, and in cases of serious injury may also provide vocational retraining, a permanent disability award or even a life-long Pension. That is what you are contributing to with each payroll deduction, but how much can an employer take? In most cases, it depends on how the business is set up.

An employer who plans to hire workers in Washington is required to open an L&I account. This is the agency that manages the claims and pays the benefits from the Washington State Fund. The fund is fully financed by premiums. An employer using this system can take up to half of the cost of the premiums from your pay to cover benefit funds that cover:

  • Medical benefits
  • Light duty and transitional employment expenses
  • Cost-of-living increases for pensions

Your employer pays the full premium for lost wages and permanent disability.

You are thus contributing to the cost of coverage and have an absolute right under the law to receive appropriate benefits!

2. You Can Choose Which Doctor You See.

Phyicians must be part of the approved network of medical providers, but you are allowed to select any of those providers you wish.  Most physicians (but not all) are authorized providers.  If you are injured at work, you can usually go to the emergency room or your own physician and be confident they will be an authorized provider.  The first physician you see is required to file the Worker’s Compensation claim application for you, so be sure to tell them you were hurt on the job!

Once you have filed your claim, all the related medical bills, including approved medications, will be paid for.

3. You’re entitled to Compensation for Lost Wages (“Time Loss”).

If you miss more than 3 days of work, you will receive compensation for lost wages.  However, your physician must certify in writing that you are unable to work.

The compensation rate is not 100%.   The time-loss rates are from 60 to 70 percent of your gross pay, including the value of your work benefits like health insurance.  The percentage is based on whether you are married and how many children you have.  This percentage is better than it sounds, as there are no payroll deductions for taxes or employee benefits from the time loss paid as part of your claim.

4. You May Receive Reimbursement for Travel Related to Your Medical Appointments

When it is necessary that you travel further than 15 miles to get medical treatment, you may be entitled to reimbursement for your travel expense.  Travel reimbursement covers

  • Mileage in excess of 15 miloes one-way
  • Parking
  • Tolls

The rules for travel reimbursement eligibility include:

  • You must travel more than 15 miles one way to see a provider.
  • There can be no closer provider available to you.
  • The travel reimbursement must be preauthorized by the claim manager.

5. If your Personal Property is Damaged in a Work Accident You’re Entitled to Property Reimbursement.

Property reimbursement covers your personal items damaged during the job-related accident. Examples include:

  • Eyeglasses
  • Clothing
  • Shoes
  • Personal protective equipment

6. You Must be Compensated for Permanent Disability

Permanent Partial Disability refers to an injury that impairs you in some way, even though you can still work. If you suffer a permanent impairment, the extent of your injury must be “rated” by a physician.  This rating will determine the amount of your impairment.

Permanent Total Disability, on the other hand, means that your injuries have made you permanently unable to work.   In this case, you are entitled to receive monthly payments for the rest of your life (and also the life of your surviving spouse if you so elect).  The amount of the payment is similar to what you would receive for Time Loss payments.

7. Retraining for a New Job

If you are physically able to work, but your injuries restrict you from performing your normal occupation or any other occupation for which you have prior experience or training, you usually will qualify for vocational retraining.  A Vocational Rehabilitation Counselor will be assigned to help you develop a retraining plan.  Typically this will involve training at a vocational or technical school, but sometimes on-the-job training is utilized.  The training plan can last up to two years.   You will be paid Time Loss during the entire time you are successfully participating in retraining.

Workers’ Compensation benefits are essential to help injured workers recover and become productive again.  However, the system is complex, and at times does not proceed fairly.  Benefits are often denied inappropriately.  Often workers do not realize they are not being paid all the benefits they ar entitled to receive.   Understanding your rights is the first step to getting what is due to you.  You have a right to obtain legal counsel to assist you with your claim, so you should always seek a free initial consulation if you have sustained a significant work injury!   Contact us at Lehmbecker Law to help you with your case.

 

Photo by Hortlander / CC BY

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for an elderly woman who suffered a shoulder injury after being struck in a crosswalk by a delivery van.

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Client Reviews:

“Please allow me to take this moment of your time to say thank you to all the members in your firm who worked on my case. I was so proud of the way my attorney handled herself and stood by myside during the court proceedings. It has been an honor and a privilege for me having all your legal help and advice for the past two years. It’s hard to say goodbye. Again, thank you.”

Kim Kent, WA

“Thanks again for all your help! You made a difficult situation much easier on us. We really appreciate everything you’ve done.”

Alana

“Lehmbecker Law has been outstanding in helping me deal with my Workers’ Comp claim. Before I hired them, it was very stressful trying to deal with the insurance companies and the medical bills. As soon as Lehmbecker Law took my case, my stress levels dropped and I was able to concentrate on getting better. I would highly recommend them to anyone who needs help with their workers’ comp claim.”

N.H. Woodinville, WA

“After a full year of fighting, Lehmbecker Law got me a full year of back wage loss. I couldn’t be happier or more relieved. This will make such a difference in my life. Now we are working on my vocational plan. Lehmbecker Law has been there for me and I will recommend them to anyone who needs help fighting L&I.”

A. Mayberry Woodinville, WA

“After my mother and I were involved in a car accident at the Westfield Shopping Mall at Southcenter I was in a lot of pain. Having your law firm oversee my medical treatment and make sure my bills got paid took away a lot of my stress. And, the settlement I received was even more than I expected. I recommend that anyone involved in a car accident call you and get representation. I truly believe I received a bigger settlement with you fighting for me than I would have gotten on my own.”

M. Bonifacio Federal Way, WA

“I am very happy with the results I received from settling two different cases I had with Mr. Lehmbecker and his law firm.

Mr. Lehmbecker is a very caring and knowledgeable attorney and I felt confident throughout both my cases that he would give me excellent results. I highly recommend Mr. Lehmbecker to anyone who has a personal injury, worker’s compensation or medical malpractice case.”

Y. Knotts Redmond, WA

“I am a lawyer in this community and have had the pleasure of working side by side with two lawyers from this firm, as well as some of the staff members. I am always glad to see other lawyers in the community doing a good job in representing their clients, and the lawyers with Larry Lehmbecker’s office will do that.”

“I have known Larry Lehmbecker for 15 years. I have conferred with Larry over the years regarding personal injury and workers’ compensation issues because I respect his knowledge and experience. I have always found his problem solving and case strategy skills to be thoughtful, practical, and helpful. I consider Larry to be one of top attorneys in his field.”

Attorney Christine Foster

“I had never been in a motor vehicle accident before, and I didn’t know who to turn to for help. After doing research on law firms in the area, I learned about Lehmbecker Law. My case was not an easy one, and there was a lot of emotion along the way. The team at Lehmbecker Law was terrific at navigating the difficulties of my case, from beginning to end. Throughout the process they were responsive, professional, and put my mind at ease during a difficult time. I strongly recommend that anybody who has been in a serious accident reach out to Lehmbecker Law.”

Katrina Issaquah

“Recently, I needed legal services to help me with my injury claim resulting from a drunk driver. The team at Lehmbecker Law was very helpful in the resolution of my claim. If it wasn’t for them, I wouldn’t have known how to address the many issues in my case. I would strongly recommend Lehmbecker Law for people who are injured and need help.”

Mozeyl Seattle

“This is an outstanding firm. I have used them twice now, and I would recommend them strongly to anybody who needs legal advice. I had a great experience with both of my cases. They are a very caring firm that truly has their clients’ best interests at heart.”

Darcelle Snohomish

“This law firm is Great. They kept me informed on all that was going on, they cared, were compassionate, kept on top of it like you were their only client. They are not afraid to take on the big companies to help out the little guy. Always straight shooters with me never had to ask twice and when I did have a question if the person I talked to didn’t know the answer they would find out what it was and always called you back. I never had a problem getting to talk to someone in the office, they never put me off with I will have them call you back unless they were not in the office, they always called back in a timely manner and with the questions I wanted answered. Great people to work with.I would recommend this law firm without hesitation to anyone that needed a great lawyer. I have had other lawyers in the past for different reasons and most of the time it was hard to get to speak to someone in the office not here. If you want a great law team on your side choose Larry Lehmbecker.”

Brenda

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Washington Federal Building
400 108th Ave NE, Ste. 500 Bellevue, WA 98004

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1066 S. 320th St.
Building K, Suite F
Federal Way, WA 98003

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Lehmbecker Law

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400 - 108th Ave. NE, Suite 500 Bellevue, WA 98004

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