20 Washington State Injured Workers' Rights

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

This 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. This piece will discuss the 20 workers’ comp rights that you have and how to choose a skilled workers' comp lawyer in Washington to get the job done.

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 a long-term 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 planning to hire workers in Washington must open an L&I account. This agency 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 the premiums:

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

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

Thus, you are 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

Physicians 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 a 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 and accepted, 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 you travel more than 15 miles to get medical treatment, you may be entitled to reimbursement for your travel expenses. Travel reimbursement covers:

• Mileage in excess of 15 miles 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 pre authorized 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

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

8. Protection Against Workplace Retaliation

Filing a workers' comp claim is your legal right, and your employer cannot punish you for exercising it. You must act quickly if your employer takes negative actions against you because you filed an injury claim. You have 90 days to file a complaint with the Washington State Department of Labor and Industries (L&I) if you believe you've been retaliated against for filing a workers' compensation claim.

9. Compensation for Reduced Income

Sometimes, you can return to work but earn less than before due to your injury. In these cases, you may receive Loss of Earning Power payments to help make up the difference. These benefits ensure you don't face severe financial hardship while working at a lower wage during recovery.

10. Claim Reopening When Conditions Worsen

Your injury might get worse even after your claim closes. If this happens more than 60 days after closure, you can petition to reopen your claim. This important protection ensures you can get more medical care and benefits if your work-related injury or illness deteriorates over time.

11. Optional Payment Arrangements

In certain cases, rather than receiving traditional benefits, you can arrange a structured settlement. This means you can agree to receive your benefits as a series of guaranteed payments spread over time, which some workers find more beneficial for their financial planning.

12. Multiple Levels of Appeal

If you disagree with any decision about your claim, you have multiple opportunities for review. Your case can be examined by increasingly higher authorities:

• Claims manager
• Claims consultant
• Industrial appeals judge
• Appeals board
• Superior court judge or jury
• Appellate courts if needed

13. Crime Victim Benefits for Workplace Violence

If you're injured due to a criminal act at work, you may qualify for additional compensation through the Crime Victims Compensation Program. This program can provide benefits beyond your workers' compensation claim, including counseling services and other support specific to victims of workplace violence.

14. Wage Protection During Recovery

Even while receiving workers' compensation benefits, you retain your rights to proper wage payment. This includes minimum wage requirements and overtime pay for any work you can perform during recovery. These wage protections apply to both regular and light-duty work assignments.

15. Public Works Project Wage Guarantees

If your injury occurred while working on a public construction project, you're entitled to prevailing wage rates for any work you can perform during recovery. These rates are typically higher than standard wages and must be maintained even during modified duty assignments.

16. Family Medical Leave Protections

The Washington Family Care Act provides protected leave to care for ill family members, which can be especially important during your recovery. You can use any earned paid time off to care for family members without risking your job security or workers' compensation benefits.

17. Social Security Benefits Coordination

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You may qualify for Social Security Disability benefits alongside your workers' compensation if your injury results in permanent, long-term disability. While these benefits may offset each other, understanding how they work together can maximize your total compensation.

18. Unemployment Benefits Rights

We often get the question of whether an injured employee can receive unemployment comp benefits simultaneously as receiving workers’ comp wage benefits. The simple answer is no; you cannot receive both at the same time. Unemployment benefits are designed to help people who can work but cannot find a job.

19. Disability Discrimination Protection

As an injured worker, you're protected from discrimination based on any disabilities resulting from your workplace injury. Employers must make reasonable accommodations for your limitations and cannot terminate you solely because of your injury-related disability.

20. Access to Social Services Support

Various social service programs may be available during your recovery period. These can include food assistance, housing support, and other public benefits that help maintain stability while you cannot work at full capacity.

Protect Your Rights — Talk to Our Experienced Washington Workers' Comp Attorneys Today

Workers’ compensation benefits are essential to helping injured workers recover and become productive again. However, the system is complex and does not always treat injured workers fairly. Benefits are often denied inappropriately, and workers often do not realize they are not being paid all the benefits they are entitled to receive.

Understanding your rights is the first step to getting what is due to you. You have a right for our knowledgeable and skilled workers' comp attorneys to assist you with your claim, so you should always seek a free initial consultation if you have sustained a significant work injury. Reach out to Lehmbecker Law to help you with your case.