Talk with us. Peace of mind is just a phone call away.

Time Loss in L&I Claims

What is Time Loss?

Time loss is the wage replacement money paid every two weeks while you’re not working. RCW 51.08.178 & 51.32.090.

To get time loss you must:

  • have an open L&I claim and
  • be certified as unable to work by your doctor. The doctor can use an Activity Prescription Form which they need to send to L&I
  • not be working, and verify this by completing a Work Status Form and sending it to L&I
  • because of a medical condition causally related to your injury

How Much Time Loss Money Does L&I Pay? The Time Loss Calculator.

  • The time loss calculator is an easy to use mathematical formula. Time loss rate = Wages x family status %
  • Wages include 
    • your date of injury wages
    • contractual bonus paid in the 12 months prior to injury
    • wages from a second job, if any
    • reported tips
    • board, housing, fuel, or other consideration of like nature,
    • the employers cost of health care insurance, if any, you may have lost since the injury
  • Family status %
    • Family status determines the % of wages [wage rate x percentage = time loss rate]
    • Single = 60%
    • Married = 5% more
    • Children = 2% more each up to 10% maximum, paid to the parent with legal custody
    • Child’s 2% only continues to age 18 or 23 if in school full time
  • Time loss rate = Wages x Family status %

Maximum Time Loss Rate

The above % of wages figures are limited for high income earners. There is a dollar maximum per month, which is set for your claim as of your date of injury. For new claims, this maximum changes yearly. For details see Maximum Time Loss Rates

Minimum Time Loss Rate

The % of wages figures don’t apply to persons who earn very low wages. Their time loss rates are set at: Minimum Time Loss Rates

To Get a Fair Time Loss Rate

Be sure you pay attention to the L&I order setting your wage rate. Make no mistake about this: the wage rate set in that order, once it becomes final, is the wage rate you will be stuck with, for the life of your claim. If it isn’t right, then timely protest the order in writing and insist the claims manager get it right. Continue to protest or appeal as necessary. If L&I doesn’t get it right, then get a lawyer, before it’s too late.

L&I Time Loss Cut Off?

L&I time loss gets cut off for a number of reasons:

  • Return to work
  • Vocational services end and the injured worker is found employable
  • Doctor fails to certify time loss
  • Employer offers a job within the medical restrictions
  • IME doctor or the attending physician says worker can return to work
  • Self Insured makes a mistake, or is unreasonable
  • L&I makes a mistake, or is unreasonable

What to do when time loss ends.

Protest or appeal timely any decision you think is wrong. See: How To Disagree With An L&I Decision

Figure out why time loss ended and solve the problem.

Unable to work at any job?

If you may never be able to return to work, learn about an L&I pension. It could change your life.

Need Help?

A workers compensation attorney can get justice for you.  Contact Us or see: L&I Attorney – Washington Workers Compensation

Want More Information? Find it Here.

L&I Benefit Information for Injured Workers
Frequently Asked Questions (FAQ) About L&I Time Loss
L&I Pensions Explained 
How To Disagree With An L&I Decision
L&I Attorney
Who Is The Sharpe Law Firm?

How to Contact Us:

Telephone – Call for information or a free strategy session – 206-343-1988

Email Tell us Your Story – Ask your questions via email

WSAJ Eagle BadgeBest Workers Compensation in Seattle Badgecelebrating_badge