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Lehmbecker Law Firm

Bellevue Personal Injury Lawyers

  • Types of cases we take
    • Vehicle Accidents
    • Work Injuries | Construction Site Accidents
    • Injury Cases
    • Medical Malpractice
    • Wrongful Death
    • Nursing Home Abuse
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    • Personal Injury Paralegals
    • Workers’ Comp Legal Team
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  Fax: (425) 278-5908   | FREE CONSULTATION: (888) 889-6895  

Common Workers’ Compensation Defenses

Workers’ Compensation requires an employer to compensate an employee for work-related injuries. To receive Workers’ Compensation, an employee usually has to file a claim and wait for the insurer to investigate it. If the insurer finds that the employee’s claim is valid, the employee will receive financial compensation for his or her injury.

This isn’t always the case, though. Sometimes, an employer or insurer will deny the employee’s claim on the grounds that he or she is ineligible for Workers’ Compensation. Here are some common defenses employers and insurers will use in order to deny workers’ compensation claims.

Employee Failed to Give Notice of Injury

  • When an employee is injured on the job, Workers’ Compensation laws require him or her to give notice of injury to the employer. Notice may be given by a third party, such as the employee’s spouse or doctor, and may be given verbally or in writing, to a supervisor. However, if notice of injury is not given within a timely manner, the employee’s claim may be invalid.

Statute of Limitations Expired

  • There is also a deadline for filing a workers’ compensation claim: your claim must be reported to the Washington State Department of Labor and Industries within one year from the date of your injury or you will not be able to open a claim for that accident. (Two years from the date of your doctor’s diagnosis for occupational disease claims.)

Injury was Self-Inflicted

  • Workers’ Compensation generally does not apply to self-inflicted injuries. This includes injuries an employee sustains in a fight that he or she started, and injuries inflicted intentionally to receive Workers’ Compensation.

Injury Not Related to Employment

  • To qualify for Workers’ Compensation, an injury must be linked to activities relevant to employment. This means that an injury sustained during an employee’s lunch break, or during the commute to or from work, generally do not qualify. Additionally, an employee who sustains a minor injury on the job, but fails to properly care for it, or engages in activities outside of work that worsen the injury, will probably not qualify for Workers’ Compensation.

Injury is not as Severe as Employee Claims

  • If an employee’s claim that a work-related injury prevents him or her from returning to work is found to be false based on the available evidence, then the employee’s claim may be rejected.

An Employee is Injured while Committing a Crime, or While Violating Company Policy

  • If an employee sustains an injury while intoxicated at work, or while engaging in careless behavior that violates the company’s policy, he or she may not be eligible for workers’ compensation. Employers often use the defense that an employee was acting carelessly at the time of an injury, thus claiming that a Workers’ Compensation claim is void.

Cause of Injury Unknown

  • In order for a Workers’ Compensation claim to be successful, the cause of injury must be determined by a medical practitioner. If the cause is unknown, the insurer cannot determine whether or not the injury was work-related, and the claim cannot be processed.

Workers’ Compensation Statistics

According to the Injury Impact Report released by The Travelers Companies, based on data from over 1.5 million workers’ compensation claims filed from 2010 to 2014:

  • The most common work-related injuries are strains and sprains, which make up 30% of on-the-job injuries. Next are cuts or punctures, which make up 19%. Contusions follow at 12%, and inflammation and fractures each make up 5% of work-related injuries.
  • In small businesses, cuts or punctures are the most frequent types of work-related injuries. In manufacturing and construction, eye injuries are most frequent.
  • Strains and sprains result in an average of 57 days off of work, while cuts and punctures result in an average of 24 days off of work.
  • Inflammation and fractures generally cause the most days off of work, with inflammation causing an average of 91 days and fractures an average of 78 days.
  • Handling of materials is the most common cause of work-related injury, followed by slips, trips and falls, colliding with or being struck by an object, accidents with tools, and traumas that occur over a period of time (through prolonged strain on a certain part of the body, for example).

Should You Hire an Attorney to Help You with Filing Your Claim?

You can file your own Workers’ Compensation claim; an attorney is not required. However, serious injuries, or claims arising from the actions of third parties, or complex situations involving later-developing injuries or illnesses can all affect which statutes of limitation apply to your case. If you miss an applicable legal deadline, you may permanently lose part or all of your potential Workers’ Compensation.

Having a Workers’ Compensation attorney as your advocate during the claim filing process is a good insurance policy against the possibility of you inadvertently missing a statute of limitation-based cutoff date or inadvertently disqualifying yourself for Workers’ Compensation.

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Settlements:

$460,000

Obtained for our client after being hit by driver making an illegal U-turn.

$5.7 Million

obtained for our client after being hit by a car while taking a walk in Bellevue, WA.

$2,000,000

for our client who suffered permanent cardiovascular impairment after his surgeon performed an unnecessary procedure during a heart surgery.

$2,000,000

for a young woman who suffered multiple orthopedic injuries after being struck in a crosswalk by a taxicab.

$2,000,000

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

More Testimonials

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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Locations:

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

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

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Lehmbecker Law

Bellevue Car Accident Lawyer

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

(425) 455-3186 (888) 889-6895