Workers’ Compensation Attorney Everett

Lehmbecker Law — Experienced Workers’ Compensation Lawyer in Everett

Lehmbecker Law is a well-respected legal firm with decades of experience focusing on workers’ compensation and L&I claims in Everett, WA. We handle a wide range of cases, from minor workplace injuries to complex disability claims, offering personalized legal guidance every step of the way. 

Common Causes of Workers’ Compensation Injuries in Everett

In Everett, workers’ compensation injuries can arise from a variety of workplace activities and environments.

Common causes include:

• Slip and falls: This prevalent type of accident can occur in any setting, but it is especially common in industries like construction, retail, and healthcare.
• Machinery accidents: Workers in manufacturing, construction, and agriculture frequently face injuries due to improper use or malfunction of heavy machinery.
• Repetitive stress injuries: Employees who perform repetitive motions are at risk for conditions like carpal tunnel syndrome and tendonitis.
• Vehicle accidents: Transportation incidents can happen in professions that involve driving, including delivery services and truck driving.
• Falling objects: In settings such as warehouses and construction sites, workers may be injured by falling objects.
• Exposure to harmful substances: Workers in chemical plants, laboratories, and similar environments might suffer injuries due to exposure to toxic chemicals.
• Overexertion: Lifting, pushing, or pulling heavy objects can lead to overexertion injuries.

At Lehmbecker Law, we combine compassionate client service with aggressive legal representation to achieve the best possible outcomes for our clients.

Types of Common Workers’ Comp Injuries

Workers’ compensation injuries can vary widely depending on the job and the circumstances surrounding the incident.

Here are some of the most common types of injuries that workers might experience:

• Musculoskeletal injuries: These include sprains, strains, and tears of muscles, tendons, and ligaments.
• Fractures: Broken bones can occur in any workplace accident, especially in falls or machinery-related incidents.
• Cuts and lacerations: Sharp objects, machinery, and even paper can cause serious cuts that may require medical attention.
• Burns: Burns can result from exposure to fire, chemicals, electricity, or hot surfaces in kitchens, laboratories, manufacturing plants, and other settings.
• Traumatic Brain Injuries (TBIs): Falls, vehicle accidents, or objects falling from a height can cause TBIs, which range from mild concussions to severe brain damage.
• Repetitive Stress Injuries (RSIs): Continuous repetitive motions can lead to conditions such as carpal tunnel syndrome, tendonitis, and bursitis.
• Occupational diseases: Long-term exposure to harmful substances can lead to diseases like asbestosis, mesothelioma, or chronic obstructive pulmonary disease. 
• Hearing loss: Prolonged exposure to loud noise without proper ear protection can result in temporary or permanent hearing loss.

In Washington state, workers' compensation for mental health conditions typically follows a physical work injury. Workers may develop mental health issues, such as depression or anxiety, after a physical injury and being out of work for extended periods. These mental health conditions can then be added to the injury claim to allow the worker to seek additional treatment.

What Is Covered Under Workers’ Compensation Insurance?

Workers’ compensation insurance is designed to protect employees who are injured or become ill as a result of their jobs. Coverage under workers’ compensation typically includes:

Medical Expenses 

All necessary medical treatments related to your injury should be covered. This includes emergency care, ongoing treatments, medications, surgeries, and any required medical devices.

Disability Benefits

These benefits are calculated based on your average weekly wage and the nature of your disability. Benefits represent a percentage of your average earnings, often around two-thirds, and can vary based on whether the disability is total or partial. These benefits are categorized into temporary partial, permanent total, permanent partial, and temporary total disability.

Rehabilitation Costs 

If you require physical therapy or need to retrain for another position within your company due to your injuries, these costs should also be included in the claim. More severe injuries that lead to longer periods of work absence or permanent impairment tend to result in higher compensation.

Should I File an Injury Claim or a Workers’ Compensation Claim?

Deciding whether to file an injury claim or a workers’ compensation claim depends on the circumstances of your injury and your employment status. In some cases, you may be able to file both. Here are the key differences and considerations for each option:

Workers’ Compensation Claim

In Washington, workers’ comp is administered through the Department of Labor & Industries (L&I). Workers’ compensation is designed specifically for injuries that occur in the workplace or as a result of employment duties.

The primary advantages of filing a workers’ compensation claim include:

• Coverage for medical expenses: All reasonable and necessary medical treatments related to your workplace injury are typically covered.
• Disability benefits: You may receive compensation for partial wages if you are temporarily or permanently unable to work due to your injury.
• Coverage for rehabilitation costs: If you need rehabilitation to return to work, these expenses may be covered.
• Simplicity and speed: Generally, workers' compensation claims are processed more quickly than personal injury lawsuits, and they avoid the complexities of proving fault.

This system is no-fault, which means that you do not need to prove your employer was at fault to receive benefits. If your employer offers workers’ compensation benefits, you may be prohibited from suing them. However, if a third party contributed to your injuries, you have legal recourse to obtain compensation from their insurance.

Third-Party Personal Injury Claim

A third-party claim in the context of worker injury is a legal action that an individual can initiate against someone other than their employer or coworker. This type of claim arises when an outside party — a third party — is partly or wholly at fault for the injury sustained.

Key aspects of personal injury claims include:

• Potential for greater compensation: Unlike workers' comp, personal injury claims can include damages for pain and suffering, full loss of wages, and emotional distress.
• Fault must be proven: You must prove that another party was negligent and that their negligence directly caused your injury.
• Legal process: Personal injury claims can be more time-consuming and require a more intensive legal process, including potentially going to court.

Workers’ compensation typically covers medical expenses and lost wages, but it does not compensate for pain and suffering or punitive damages.

A third-party claim allows injured workers to seek additional compensation that is not available under workers’ compensation, including:

• Pain and suffering: Compensation for physical pain and emotional distress.
• Full lost wages: Workers' compensation only provides a portion of lost wages, while a third-party claim can potentially recover full lost income.
• Punitive damages: In cases of egregious negligence, punitive damages may be sought to punish the responsible party and deter future misconduct.

If you receive workers’ compensation benefits and obtain an award from a third-party claim, your employer’s workers’ compensation insurance may have a lien on a portion of the third-party recovery. 

Such a lien prevents double compensation for the same injury. You typically reimburse the insurance for what it paid out in benefits minus a portion of your legal fees and costs.

Statute of Limitations for L&I Claims in Washington State

In Washington State, filing L&I workers’ compensation claims must be done in specific timeframes. For injury claims, you must file within one year of the date of the injury. If you do not file within this time frame, you may lose your right to claim benefits.

Claims related to occupational diseases must be filed within two years of when the worker was advised by a physician or licensed healthcare provider that the condition is work-related.

It’s crucial to adhere to these timelines to ensure eligibility for workers’ compensation benefits. If you believe you have a claim, it’s advisable to file as soon as possible after the incident or diagnosis to avoid any potential issues with the statute of limitations.

Why Choose Lehmbecker Law for Your Workers’ Compensation Claim?

Choosing Lehmbecker Law gives you the peace of mind of knowing that your case will be handled with the utmost professionalism. Here’s why Lehmbecker Law stands out:

From initial consultation through the conclusion of your case, Lehmbecker Law provides comprehensive support so you can focus on your recovery.