Hot topics in the workers’ compensation world

COVID-19

‍Gov. Jay Inslee signed into law two bills that grant presumptive workers’ compensation protections to health care and frontline workers. The new laws mean that it will be presumed health care and frontline workers contracted a contagious or infectious disease at work when they file an L&I workers’ compensation claim.

Frontline workers are those who interact with the general public or other employees in the course of their work during the public health emergency.

The list includes

• First responders
• Workers performing food processing, manufacturing, distribution, or meat packing
• Farmworkers
• Maintenance, janitorial, and food service workers at any facility treating patients
• Public transit drivers and operators‍
• Employees of licensed child care facilities‍
• Employees of retail stores, which remain open to the public during the emergency‍
• Employees of hotels, motels, or other transient accommodation‍
• Restaurant employees who have contact with the public or co-workers‍
• Certified home care aides who work primarily in the home of individuals receiving care‍
• Corrections officers and support employees working at a correctional institution‍
• Certain school district and higher education employees‍
• Public library employees
  

WORKER STATUS

‍The issue of whether a worker is an employee or an independent contractor and whether they can access workers’ compensation benefits continues to be a hot topic. All workers in Washington are entitled to workers’ compensation unless they fit strict exemption definitions. A 1099 form is a federal form and has no bearing on Washington state workers’ compensation coverage.

If your employer is protesting your L&I claim and alleging you are not an “employee,” Lehmbecker Law may be able to help. If we can show evidence that there was a “valid” employer-employee relationship then the injured worker could be entitled to workers’ compensation benefits.

Our attorneys have helped many clients achieve L&I claim acceptance after their claims were initially denied, such as

• Truck drivers
• Custodians/Janitors
• Farm workers
• Teachers
• Construction workers
• Boeing mechanics

Call us at 425-455-3186 or email [email protected] for a free consultation.