Industrial Injury Claim vs. Occupational Disease Claim in Washington State

Washington's vital industries, while essential to the economy, present inherent risks to workers.

At Lehmbecker Law, we understand the profound impact a workplace injury or illness can have on your life. Our experienced team of workers' compensation attorneys is dedicated to championing the rights of injured workers across Washington State.

When your job affects your health, you need to understand your legal rights. We'll explore the often-confusing landscape of industrial injury vs. occupational disease claims in Washington, providing you with the knowledge you need to move forward.

Washington Laws Protect Workers Like You

To protect workers, Washington State has enacted comprehensive laws and regulations. The Washington Industrial Safety and Health Act sets forth safety standards that employers must follow to minimize workplace hazards.

Whether employers follow these standards or not, accidents and injuries can happen. The workers' compensation system, administered by the Washington State Department of Labor & Industries (L&I), provides a safety net for injured and ill workers. These workers are eligible for benefits regardless of who was at fault for the injury or illness.

If you've been injured on the job in Washington, you have rights, and we're here to help you understand them.

Industrial Injuries vs. Occupational Diseases

Employees are protected when their health is affected by their jobs. However, workers who suffer from industrial injuries and those who develop occupational diseases face different challenges when dealing with the workers’ compensation system.

Industrial Injuries: When Accidents Happen

The Revised Code of Washington describes an injury as "a sudden and tangible happening, of a traumatic nature, producing an immediate or prompt result." In other words, an industrial injury is a sudden and unforeseen harmful event that occurs while someone is performing their job duties.

The Physical Toll: Common Types of Industrial Injuries

People in the workforce are exposed to a variety of potential hazards, leading to a wide range of injuries:

• Strains and Sprains: Often caused by overexertion or repetitive motions, these injuries may affect the back, neck, and shoulders.
• Lacerations: Cuts and punctures from sharp objects or machinery are common in industrial settings.
• Fractures: Falls from heights, slip and fall accidents, being struck by objects, or being caught in machinery can all result in broken bones.
• Head Injuries: Industrial environments present significant risks for head injuries, including concussions, traumatic brain injuries, and skull fractures.
• Spinal Cord Injuries: Severe injuries occur when the spinal cord is damaged, often due to fractures or dislocations of the vertebrae.
• Burns: Hazardous chemicals, hot surfaces, fires, and electricity can cause severe and disfiguring burns.

While employees who work in industrial settings face higher risks of work-related accidents, any employee can suffer an injury on the job and be eligible for workers’ compensation benefits.

Meeting the Requirements: Eligibility for Industrial Injury Claims

To be eligible for benefits under Washington's workers' compensation system, you must meet certain criteria.

Employment Relationship

You must have a valid employment relationship with the company at the time of the injury to be covered by workers’ compensation insurance. Most employers in Washington are required to carry this insurance.

Some independent contractors and 1099 workers do not have a valid employment relationship and are ineligible for workers’ comp benefits. This is not always the case, however. If your employer tries to exempt you from workers’ comp coverage even though you are eligible, you can contact a lawyer for advice.

Work-Related Injury

The injury must have arisen directly from your job duties or occurred within the course and scope of your employment. This means the injury happened while you were performing tasks related to your job or were on company property during work hours.

For example, you would not be eligible for workers’ compensation if you were in a traffic accident while driving home after work.

But suppose that you were in a car crash while you were clocked in and driving between jobsites; in that case, workers’ compensation should contribute to your lost earnings and medical expenses.

The Washington State Workers' Compensation Claim Process for Industrial Injuries

If you've sustained an industrial injury, you need to understand the process for filing a claim and securing the compensation you're entitled to. Here's a step-by-step guide to help you.

Seek Immediate Medical Attention

Prioritize your health and well-being. A healthcare professional can properly assess your condition, provide appropriate treatment, and create necessary documentation of your injury for your claim. They will also submit your initial claim application.

Report the Injury to Your Employer

Washington law requires you to promptly report your injury to your employer. Notify your supervisor or manager as soon as possible, providing details about how, when, and where the injury occurred. This report ensures that your employer is aware of the incident and can initiate the necessary steps for processing your claim.

File a Claim

To formally initiate your workers' compensation claim, ask your medical provider to help you complete a Report of Accident form and file it with L&I and/or your company’s claim administrator if they are self-insured, during your initial medical visit. You can also file online through the department’s FileFast system, by phone, or by mail. The L&I website provides forms and resources to assist you throughout the process.

Gather Supporting Documentation

Building a strong claim requires thorough documentation. Collect all relevant evidence, including the following:

• Medical records
• Incident reports
• Witness statements
• Photographs

In the event that your L&I claim runs into a setback, having this evidence on hand can help your case.

Deadlines for Filing a Claim After an Industrial Injury

In Washington State, you have the following time frame for reporting an industrial injury and filing a claim:

• Report to Employer: You should report your injury to your employer as soon as possible, although there is no specific deadline.
• File a Claim with L&I: You generally have one year from the date of the injury to file your workers' compensation claim with L&I.

Taking too long to make a report can jeopardize your right to receive benefits.

Occupational Disease Claims: The Silent Threat to Workers’ Well-Being

An occupational disease is defined by the Revised Code of Washington as "such disease or infection as arises naturally and proximately out of employment."

Unlike a sudden industrial injury, an occupational disease creeps in gradually over time due to prolonged exposure to hazardous materials or harmful working conditions.

Symptoms may emerge slowly, sometimes mimicking other medical conditions. However, the consequences can be debilitating and even life-threatening.

Common Occupational Diseases in Washington State

Workers in certain industries and occupations have a heightened risk of developing occupational diseases. However, any worker who is exposed to hazardous conditions at work can experience long-term health effects.

These are some of the most common occupational diseases seen in Washington State.

Respiratory Illnesses

Workers who are exposed to dust, fibers, fumes, and other airborne contaminants face a heightened risk of developing respiratory illnesses:

• Asbestosis: This lung disease caused by inhaling asbestos fibers is found in construction, shipbuilding, and manufacturing.
• Silicosis: Another severe lung disease, silicosis, results from breathing in silica dust, common in mining, sandblasting, and stonecutting.
• Occupational Asthma: Exposure to irritants such as dust, chemicals, or fumes can cause asthma symptoms like wheezing, coughing, and difficulty breathing.

When workplaces don’t provide proper ventilation and PPE such as respirators, employees are at increased risk.

Hearing Loss

Prolonged exposure to loud noises can gradually damage the structures of the inner ear, leading to noise-induced hearing loss. This type of hearing loss is often irreversible, which means that prevention is critical.

Skin Disorders

Direct contact with harsh chemicals, solvents, cleaning agents, and other irritants common in many workplaces can trigger a range of skin conditions:

• Contact Dermatitis: This inflammatory skin reaction causes redness, itching, burning, and sometimes blisters.
• Occupational Eczema: This chronic skin condition, characterized by dry, itchy, and inflamed skin, can be triggered or exacerbated by workplace exposure.

Companies should have strict policies regarding potentially hazardous chemicals in order to prevent work-related skin conditions.

Cancer

Exposure to carcinogens at work significantly increases the risk of developing certain types of cancer, including lung cancer:

• Asbestos: Exposure to asbestos is a well-established risk factor for mesothelioma, a rare and aggressive cancer that affects the lining of the lungs, heart, or abdomen.
• Radiation: Workers in healthcare, nuclear power plants, and other industries involving radiation exposure face an increased risk of developing various types of cancer.

The workers’ compensation system offers support to employees who can no longer work due to cancer and other serious diseases.

Repetitive Trauma: Slowly Developing Workplace Injuries

Repetitive trauma injuries, also known as repetitive stress injuries or cumulative trauma disorders, occupy a unique space within the realm of workplace injuries. These injuries develop gradually over time due to repetitive motions, forceful exertions, or prolonged awkward posture.

While they can be classified as industrial injuries when a specific event triggers a significant worsening of the condition, they are often thought of as occupational diseases due to their gradual onset.

Carpal Tunnel Syndrome

This condition affects the median nerve in the wrist, causing pain, numbness, and tingling in the hand and fingers. It's often associated with repetitive hand motions, such as typing or using hand tools.

Tendinitis

Tendinitis is inflammation or irritation of a tendon, often caused by overuse or repetitive motion. It can affect various parts of the body, including the wrist, elbow, shoulder, and knee.

Epicondylitis

Commonly known as tennis elbow or golfer's elbow, epicondylitis involves inflammation of the tendons that attach to the bony prominence on the outside or inside of the elbow. It's often caused by repetitive twisting or gripping motions.

Trigger Finger

This condition affects the tendons in the finger, causing the finger to lock or catch when bent or straightened. It's often associated with repetitive gripping or pinching motions.

Meeting the Criteria: Eligibility for Occupational Disease Benefits

To qualify for workers' compensation benefits related to an occupational disease, you must demonstrate you meet certain criteria.

Employment Relationship

Similar to industrial injury claims, you must have been employed by a covered employer in Washington State at the time of your exposure to the hazardous conditions that caused your illness.

Occupational Exposure

You must prove that your illness is a direct result of exposure to hazardous conditions or substances specific to your job. This requires establishing a causal link between your work environment and your illness.

Disability or Impairment

Your illness must have caused a disability that prevents you from working or significantly limits your earning capacity. This could mean you are unable to perform your previous job duties or can only work in a reduced capacity.

What to Expect: Filing an Occupational Disease Claim in Washington

Pursuing an occupational disease claim presents unique challenges, primarily due to the often lengthy period between exposure and the onset of symptoms. Here's an overview of what to expect.

Seek a Medical Evaluation

If you suspect your health problems are linked to your work, consult with a doctor specializing in occupational medicine. They can conduct a thorough medical evaluation, taking into account your work history and potential exposure. They may also order specific tests to diagnose your condition and determine whether it's related to your work environment.

File a Claim with L&I

To initiate your workers' compensation claim, ask your medical provider to help you complete an Occupational Disease Claim Application and file it with L&I and/or your company’s claim administrator if they are self-insured, during your initial visit. You may also initiate your workers' compensation claim by filing online, by phone, or by mail. Be prepared to provide detailed information about your work history, job duties, potential exposure to hazardous substances, and medical diagnosis.

Inform Your Employer

Once you have a diagnosis and reason to believe your illness is work-related, notify your employer.

Gather Documentation

Occupational diseases can be harder to prove than sudden injuries, and gathering strong evidence is paramount. Collect the following documentation:

• Medical records
• Employment history
• Exposure records

Employers should maintain records of hazardous substances, such as air monitoring data or Material Safety Data Sheets (MSDS). An occupational disease attorney can help you request copies of these exposure records to support your claim.

Statute of Limitations: The Deadline for Occupational Disease Claims in Washington State

The statute of limitations for filing an occupational disease claim in Washington State is generally two years from the date you knew or should have known that your illness was work-related.

This date of discovery can be difficult to pinpoint, as symptoms may develop gradually over time. If you suspect your illness is work-related, it’s important to act quickly.

What Benefits Can I Get for an Industrial Injury or Occupational Disease in Washington State?

Workers' compensation aims to provide financial support and medical care to injured or ill employees, regardless of fault, while they recover. If an employee does not fully recover from the injury or illness, they can receive disability benefits to compensate for their loss of income.

Medical Benefits

Workers’ compensation benefits pay for all reasonable and necessary medical treatment related to the injury or illness, including doctor visits, hospitalization, medication, and physical therapy.

Disability Benefits

Washington's workers' compensation system recognizes that injuries and illnesses can impact a worker's ability to earn a living, whether temporarily or permanently.

Disability benefits are designed to replace a portion of lost wages, depending on the extent and duration of the disability:

• Time Loss Compensation (TLC): Replaces a portion of lost wages while the worker is temporarily unable to work due to an injury or illness.
• Permanent Partial Disability (PPD): Compensation for permanent impairment or loss of function resulting from the injury or illness.
• Permanent Total Disability (PTD): Wage replacement benefits if the employee is permanently unable to work.

In some cases of permanent injury or disability, the employee might receive a pension for the rest of their life.

Vocational Rehabilitation

L&I provides assistance with retraining or job placement if the worker cannot return to their previous occupation due to the injury or illness. By taking advantage of these comprehensive vocational services, many injured workers can return to suitable employment in a new field.

Death Benefits

If the worker succumbs to the injury or illness, their family may receive death benefits. These may include burial costs and a monthly benefit paid to the surviving spouse or minor children.

How a Workers' Compensation Lawyer Can Help with an Industrial Injury or Occupational Disease Claim

While the workers’ compensation system is intended to provide benefits to injured workers, the process of filing a claim can be exhausting. Claimants face strict deadlines, complicated paperwork, and potential disputes with insurance companies.

This is where an experienced workers' compensation lawyer becomes a valuable asset, acting as your advocate and guide. An experienced workers' compensation lawyer will:

• Evaluate your case and offer legal advice.
• Help you gather compelling medical evidence to build a strong case.
• Handle all communications and negotiations with L&I or the self-insured employer.
• Represent you in hearings and appeals.

Consider hiring a lawyer if:

• You Have a Preexisting Condition: Proving that your work duties aggravated a preexisting condition requires legal skill.
• Your Injury Is Severe or Permanent: Cases involving permanent disabilities or long-term medical care benefit from strong legal advocacy.
• You Are Unsure About Your Rights: A lawyer stands up for your rights in a complicated system.
• Your Claim Is Denied or Disputed: Insurance companies often deny or minimize claims, and a lawyer levels the playing field.

In addition to workers' compensation, an attorney can help determine whether a third-party personal injury lawsuit is an option for you.

If negligence on the part of a third party, such as a property owner, equipment manufacturer, or subcontractor, contributed to your injury, you may be entitled to additional compensation beyond workers' compensation benefits.

At Lehmbecker Law, Your Health and Justice Are Our Priorities

You don't have to deal with a workers’ compensation claim alone. Whether you're facing a sudden injury or the slow burn of an occupational illness, understanding your rights and seeking proper legal counsel can make all the difference in securing the benefits you deserve.

Don't wait to take action. Our experienced team of Washington State personal injury lawyers at Lehmbecker Law is here to provide open communication, compassionate support, and unwavering advocacy every step of the way. Contact us today for a free consultation and let us help you fight for the justice and compensation you deserve.