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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
  • Who we are
    • Attorneys
    • Personal Injury Paralegals
    • Workers’ Comp Legal Team
    • Office Staff
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  Fax: (425) 278-5908   | FREE CONSULTATION: (888) 889-6895  

Workers’ Compensation Eligibility

If you are injured on the job, come down with an illness through being exposed to chemicals at work, or develop a work-related trauma over time, you may be eligible for workers’ compensation. This means receiving, through your employer’s insurance, benefits for weekly compensation and permanent impairment, payment for medical treatment related to the injury or illness, and vocational rehabilitation.

However, not everyone is eligible for workers’ compensation. Eligibility depends on several factors, such as whether or not you are a contracted employee and whether or not your employer carries workers’ compensation insurance.

In order to be eligible for workers’ compensation, you must meet the following requirements:

  1. Be an Employee

To qualify for workers’ compensation, you must be an employee. That may sound obvious, but not everyone who works for a company is classified as an “employee.” If you work as an independent contractor—for example, as a freelancer or a consultant—you are not eligible for workers’ compensation. Volunteers are also not employees, though there are exceptions to this rule—volunteer fire fighters are eligible in some states, and certain states also allow companies to cover volunteers.

Sometimes, a company misclassifies employees as independent contractors when they should really be classified as employees. If this is the case, the employee may still be able to receive workers’ compensation.

  1. Not Be an Exempt Worker

Certain types of workers are exempt from workers’ compensation laws. These include agriculture workers, domestic workers (like caretakers and nannies), seasonal workers (like migrant farm workers), and casual workers (meaning people who work for a company only sporadically). Undocumented workers are eligible in some states, but not in others.

Interstate railroad workers and crewmembers working on vessels are not eligible for workers’ compensation, but instead are required to sue their employers for injuries sustained on the job. Federal employees should seek workers’ compensation through the federal system rather than the state.

Additionally, employees that work through a staffing or temp agency may have to obtain workers’ compensation through the agency, rather than the company for which they work; however, though this differs from state to state.

  1. Be Covered by Workers’ Compensation Insurance

While it depends on the state, type of organization, and number of employees, most employers are legally required to cover their employees. Since it helps to protect them against lawsuits, many employers carry workers’ compensation insurance even if it isn’t a requirement.

If your employer does not carry workers’ compensation insurance, there are still ways to obtain compensation for a work-related injury. You can either sue your employer, or file a claim with your state, which may have a special fund allotted for handling uninsured workers’ compensation claims. Not every state has this fund, however.

  1. Have a Work-Related Injury

To be eligible for compensation, you must have an injury directly related to your work. This means your injury must be caused by your job. If you get into a car accident while commuting to work, you are probably not eligible for workers’ compensation. But if you work on a construction site and strain your back while carrying an especially heavy load, you are probably eligible. In some situations, however, the connection may not be as clear cut. For example, an employee who sustains an injury during a company retreat may be eligible for workers’ compensation, as may an employee who commutes to work in a company vehicle; these cases, however, are generally more difficult to determine.

A work-related injury or illness does not necessarily have to be the fault of the employer, nor does it have to occur on company property—as long as there is a causal connection to the worker’s job and the injury sustained.

Types of injuries covered by workers’ compensation generally include accident-related injuries, sickness caused by exposure, occupational disease, and trauma injuries occurring over time. By contrast, stress-related injuries, self-inflicted injuries, injuries sustained during drug or alcohol use, injuries caused by horseplay or fighting, and injuries sustained while committing a crime are not eligible for workers’ compensation.

Workers’ Compensation Alternatives

In addition to workers’ compensation, there are several options for workers who sustain injuries on the job and aren’t covered or aren’t eligible. In rare situations, you can sue your employer.

If you are a federal employee, you can seek compensation through the Federal Employees’ Compensation Act (FECA). If you work as a mariner or seaman and you sustain an injury through employer negligence, you can file a claim through the Jones Act (also known as the Merchant Marine Act). Workers in other traditional maritime jobs may find coverage through the Longshore and Harbor Workers’ Compensation Act (LHWC). Coal miners may be covered under the Black Lung Benefits Act (BLBA), and railroad workers may be covered under the Federal Employers Liability Act (FELA).

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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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Just a few of our past clients…

Lehmbecker Law

Bellevue Car Accident Lawyer

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

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