Posts tagged "Industrial Insurance Act"

Common Law Marriage in Washington State

Is My Common Law Marriage Valid for My Washington L&I Claim?

March 6th, 2019 Posted by Labor & Industries 0 comments on “Is My Common Law Marriage Valid for My Washington L&I Claim?”

Whether or not you are married, the day you are injured at work can have significant financial consequences over the course of your claim. Married workers are entitled to an additional 5% of their gross monthly wages as temporary or permanent disability benefits. In addition, a married worker’s spouse is entitled to death benefits if a worker dies as a result of their injury. Sometimes, workers have lived together with a partner for many years without ever formally going through a wedding ceremony or obtaining a marriage certificate. They act, live, and present themselves to others as if they are married. These types of relationships are commonly referred to as “common law marriages”.


Custodial Guardian After A L&I Work Injury

Who qualifies as a custodial parent under the Industrial Insurance Act?

February 25th, 2019 Posted by Labor & Industries 0 comments on “Who qualifies as a custodial parent under the Industrial Insurance Act?”

Washington Law Center is once again fighting a case with huge legal ramifications.  In Re: Lilia Lacy is a case set to determine whether or not a biological grandparent who is injured at work at the time they exercise de facto legal custody of their biological grandchild is therefore entitled to receive increased workers’ compensation benefits paid on behalf of that dependent grandchild.  The State of Washington, Department of Labor & Industries has taken the position that only a biological parent or other person in possession of a court-issued custody decree can qualify to receive dependent child benefits under the Industrial Insurance Act.


What is the Washington State Industrial Insurance Act?

What is the Washington State Industrial Insurance Act?

August 23rd, 2018 Posted by Labor & Industries 0 comments on “What is the Washington State Industrial Insurance Act?”

Washington’s Industrial Insurance Act provides for our state’s workers’ compensation system. The Industrial Insurance Act (“IIA”) “is based on a compromise between workers and employers, under which workers become entitled to speedy and sure relief, while employers are immunized from common law responsibility.” Nelson v. Dep’t. of Labor & Indus., 198 Wash. App. 101, 110 (Div. 2 2017) (quoting Flanigan v. Dep’t of Labor & Indus., 123 Wash.2d 418, 422, 869 P.2d 14 (1994)). In other words, workers generally cannot sue their employers or their co-employees (workers who share the same common employer), but injured workers are supposed to obtain benefits for indemnity (lost wages and lost earning power) as well as “proper and necessary” medical treatment.

How is the Industrial Insurance Act supposed to be construed by the courts?

All doubts with respect to the interpretation of the IIA are to be resolved in favor of injured workers. Dennis v. Dep’t of Labor & Indus., 109 Wn2d 467, 470, 475 P.2d 1295 (1987). The “overarching objective” of the IIA, Title 51 RCW is to reduce to a minimum “the suffering and economic loss arising from injuries and/or death occurring in the course of employment.” Cockle v. Dep’t of Labor & Indus., 142 Wn.2d 801, 822, 16 P.3d 583 (2001)(quoting RCW 51.12.010). The point here is that the workers’ compensation system is intended to benefit workers. Too often, the defense interests and even certain industrial appeals judges fail to fully appreciate that there’s almost a “tie goes to the runner” aspect intended in workers’ compensation matters. A true tie is not a win for the worker since a worker must prove their case by a “preponderance” of evidence. The Industrial Insurance Act is remedial in nature, so like all remedial statutes, it must be interpreted liberally by the courts to affect the benefits the legislature has intended.


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How Does Labor & Industries Handle Residency Modification?

July 19th, 2018 Posted by Labor & Industries 0 comments on “How Does Labor & Industries Handle Residency Modification?”

Can I get my residence modified under the Industrial Insurance Act as part of Washington’s workers’ compensation system of benefits?

The short answer is “yes, but only in limited circumstances.” If you are in true need of such benefits, for either a home or rental property in which you live, you should take care to read the following information. Make sure your Attending Physician is aware of the rules set forth below as well. You will then need the Attending Provider to request that a residency modification consultant is assigned to your L&I case. The Attending Provider should also give a preliminary written opinion as to the types of modifications the Attending Physician believes you may likely need. This will begin the process.

A residency modification consultant will then be employed at the cost of the employer or state fund. The consultant will be a licensed physical or occupational therapist or a licensed nurse who has experience in rehabilitation of catastrophic injuries and residency modifications. The residency modification consultant will work with the Department of Labor & Industries, Self-Insured Employer (unless the claim is a state fund claim), the injured worker and the Attending Physician to determine which modifications are medically necessary. It is the job of the residency modification consultant to work with a licensed contractor to submit a written report requesting approval of the modifications, including the costs of architectural, engineering, predesign and planning services which may be requested. (more…)

L&I Vocational Rehabilitation Services

Do L&I Vocational Rehabilitation Services Actually Benefit You?

July 16th, 2018 Posted by Labor & Industries 0 comments on “Do L&I Vocational Rehabilitation Services Actually Benefit You?”

What Vocational Rehabilitation Services are Available under the Industrial Insurance Act?

The following Vocational Rehabilitation Services are available under Washington State’s Industrial Insurance Act pursuant to WAC 296-19A-020(a)-(l):

  • Gathering an industrially-injured or ill worker’s work and/or education histories and physical capacities information
  • Assessing an industrially-injured or ill worker’s employability
  • Developing, documenting, and writing vocational rehabilitation plans
  • Monitoring an injured worker’s progress during training
  • Writing retraining progress reports and submitting these to the Department of Labor and Industries
  • Analyzing and documenting the transferable skills of the injured or ill worker and writing a transferable skills analysis
  • Performing occupational research
  • Conducting labor market surveys and writing labor market survey reports
  • Conducting and writing job analyses
  • Communicating with industrially-injured or ill workers, employers, physicians, and others
  • Developing job modifications and worksite modifications, as well as pre-employment accommodations, and writing reports for this work
  • Performing work to obtain any job with any employer for injured workers referred for vocational services

An injured worker with an astute eye will immediately realize that many of the so-called “services” provided by a Vocational Rehabilitation Counselor (VRC) assigned either by the Department of Labor & Industries or the Self-Insured Employer (usually acting through a Third-Party Administrator or TPA) are contrary to the interests of the injured or ill worker who believes they cannot work. In this sense, WAC 296-19A-020 provides for “disservices” to the injured workers, and the defense interests know this well! (more…)

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