Claims managers
dictate to the injured worker what benefits will be allowed and decide
when to stop benefits. They have the interests of their companies or
agencies at heart. An injured worker cannot rely on them to fairly administer
their claims. The only way to be protected is to know your rights. Do
not sign any documents until you talk to an attorney who will have your
interests at heart. Injured workers can receive a free initial consultation
with our firm by calling 1-206-447-1615 or
by e-mailing us facts about your case at moote@petermoote.com.
There are some basic rules injured
workers should be aware of:
1. Injuries or Illnesses:
Coverage for work-related injuries, diseases or illnesses is guaranteed
if resulting during the course of employment, no matter who was at fault.
2. Benefits:
Benefits under the worker's compensation system include: wage loss payments
(called time loss), all reasonable and necessary medical expenses by
a doctor of the worker's own choosing, loss of earning power, wages
if the injured worker can only go back to part-time or lower-paying
work, permanent partial disability lump sum awards when the medical
care is concluded and the worker is left disabled, vocational retraining
benefits if the injured worker cannot go back to the occupation at the
time of injury and lifetime pension for injured workers who cannot return
to any gainful employment.
3. Wage Loss:
Time loss payments and determinations of employability should be based
on the injured worker's ability to return to continuous "gainful employment".
This does not mean minimum wage, though claims managers and insurance
adjusters will tell you that.
4. Retraining:
Benefits are to continue until the worker can return to the job of injury.
If the worker cannot return to the job of injury because of ongoing
disability, then retraining benefits should be granted so the worker
can become employable at a gainful wage in another more sedentary occupation.
5. Third Party Negligence Claims:
Though the worker cannot sue the employer or a co-employee for the injuries,
any third party causing or contributing to the harm can be sued or their
insurance coverage claimed against. For serious industrial injuries
this source of additional compensation must be investigated.
6. Limitations Periods:
Claims for industrial injuries or illnesses must be filed with the Department
of Labor and Industries within the time limitations or the claims are
forever barred. The limitation period for industrial injuries is one
year from the date of injury. The limitation for illnesses or diseases
is two years from the date a doctor tells the injured worker in writing
they have an illness or disease caused by conditions of work. The definition
of illness or disease is broad and can include any chemical exposure,
substance exposure and the development of degenerative conditions such
as arthritis, carpal tunnel syndrome or overuse syndrome. Third party
negligence claims must be filed within 3 years of the injury date.
