L&I and Work Injury Compensation Resources

The Department of Labor & Industries in Washington is a massive state agency responsible for administering the Industrial Insurance Act, which is Washington’s workers’ compensation law. It has an annual budget of approximately $400 million for payments made out of its accident fund (indemnity benefits to injured workers) and $400 million for payments out of its medical aid fund (to cover medical care costs). Its claims managers generate so much litigation that 51 full-time Assistant Attorneys General (lawyers) are employed by the Attorney General’s Office just to defend its decisions at the Board of Industrial Insurance Appeals and in the higher courts. It loses the vast majority of that expensive litigation when pitted against private market L&I attorneys, including those of Washington Law Center.

Any worker who is injured on the job in Washington State, or who develops an occupational disease based upon work performed in Washington state has a right to file an L&I claim and seek medical treatment, wage replacement benefits, vocational retraining, permanent partial disability benefits and/or pension benefits. Some out-of-state workers may also be eligible if their employment has significant connections with a Washington employer at the time they are injured or develop an occupational disease.

Simply report your injury to your physician and request to complete an L&I claim. If your regular physician cannot complete the necessary paperwork, go to any urgent care or occupational disease physician to file your claim as soon as possible. Alternatively, you may also use the FileFast claim filing system at www.Lni.wa.gov/FileFast; email FileFast@Lni.wa.gov; or call 1-877-561-3453 or 360-902-5410. A qualified L&I Attorney can also assist you with guidance on how to make a claim filing that is unlikely to be rejected.

The Department of Labor & Industries will mail you information that explains the status of your claim and tells you how to contact your claims manager. These communications will be in the language of your preference. You may also sign up for Secure Access Washington to monitor your L&I claim file contents and communicate with your claims manager online, which is recommended. In addition, you can appoint a qualified L&I attorney who can provide you with regular updates about your legal rights and responsibilities within the context of your specific L&I claim.

While it is against the law for your employer to fire you just because you file a claim, the employer can still fire you for related reasons, such as that you violated an established safety rule and thereby caused your injury. If you believe you have been retaliated against for filing a claim, notify the Department of Labor & Industries at 1-866-324-3310 within 90 days of the date you believe you were unfairly fired or retaliated against. You must also file an Industrial Insurance Discrimination Complaint form, available for free download from Washington Law Center in various languages.

No, at least not generally. If you do receive medical bills related to your injury, you must report those to the Department of Labor & Industries. The Department only pays for medical treatment bills incurred in relation to accepted or “allowed” medical conditions, and then only if the services also constitute “proper and necessary” diagnostic methods or medical care under your claim. If you have received medical bills for conditions you believe should be covered, you should likely contact an experienced L&I Attorney immediately.

Some types of medical care require pre-authorization under your L&I claim. This is done through what is known as “utilization review” by a vendor named Comagine. Specialist consultations and examinations; physical therapy; occupational therapy; massage therapy; diagnostic imaging and nerve conduction studies all require pre-authorization. If your doctor’s office reports that authorization has not been provided, ask for a copy of the doctor’s utilization review request and then contact an experienced L&I Attorney immediately.

Workers who have suffered an industrial injury have one year from the date of their injury, as measured beginning on the day after their injury, to file an accident claim. Workers have two years to file as measured from the date a physician diagnoses their injury, tells them in writing they have an “occupational disease” (including a repetitive stress injury to the musculoskeletal system) and advises them to file an occupational disease claim with the Department of Labor & Industries. All workers are advised to file as quickly as possible and to consult an experienced L&I Attorney.

Technically, you can file to reopen your claim for medical treatment only at any time. However, you cannot get paid time-loss benefits, loss of earnings power payments, increased permanent partial disability awards, pension benefits or any other type of indemnity (wage-replacement) benefit after seven years from the date of the original claim closure, unless the Director of Labor & Industries personally approves payments to you, which will only be done under very rare circumstances.