A Washington State worker has the right to workers’ compensation benefits, without regard to fault, if injured on the job. Most employers must provide State industrial coverage through Labor & Industries (L&I) with either the State Fund or the Self-Insured section. These are the most significant injured worker rights:
Rights & Benefits for Injured Workers
- Medical Care -For job injuries
- Time Loss Compensation – If you can’t work
- Permanent Partial Disability Awards (PPD) -Money at Claim Settlement
- Vocational Rehabilitation -Job Training
- Pension – If you cannot return to any work as a result of your job injury
- Death Benefits – If you die from a job-related injury or disease, your surviving spouse and dependent children have the right to receive a monthly pension.
- Third-Party Claims – two claims for one on-the-job injury.
- Travel Reimbursement: If pre-authorized, reimbursement for travel mileage, parking, tolls, food, lodging, and lost wages will be paid. You must keep all bills and receipts and provide copies to your claim manager.
- Property Damage Reimbursement: Personal Clothing or protective equipment lost or damaged in a job injury can be replaced. Make sure that any receipts acquired to replace or repair belongings are kept and copies given to your claim manager.
- Consideration of your Case:
You have a right to disagree with decisions concerning your claim. You have a right to have your case considered several times and by different people. Speak up if your rights are being infringed upon. The following people can and, AFTER PROPER REQUEST, will make decisions on your case:
a. Claims Manager
b. Claims Consultant
c. Industrial Appeals Judge
d. Board of Industrial Insurance Appeals
e. Superior Court Judge or Jury
f. Appellate Courts
If you disagree with any decision made concerning your case, make the right request at the right time to have your case reconsidered or reviewed further. How to disagree with L&I - Legal Counsel
You have a right to legal counsel in workers’ compensation matters. You may want to consult our attorneys if you have questions regarding workers’ compensation law. You may choose any attorney you wish. You have a right to have the fees your attorney charges reviewed for reasonableness. - Discrimination Protection
You have limited protection from employer discrimination for having filed a claim. If you are discriminated against, you must file a formal complaint within ninety (90) days to preserve your rights in the L&I system. You may also have an employment law claim. - Loss of Earning Power Benefits (LEP) With a return to work with less pay while your claim is open.
- Reopening Your Claim After your claim has been closed for more than 60 days if your medical condition worsens and requires additional medical attention, you may apply to reopen it.
- Claims Resolutions Structured Settlement Agreements is another settlement option.
- Other Rights
Injured workers often have other rights arising because of their injury or status as a worker. Some of these rights are listed below. If you think they may apply to you, get more information. If you have a question about your rights, ask someone.
You may have a right to:
- Victim of Crime Compensation
- A healthful and safe working environment with the right to refuse hazardous work.
- Minimum wage and overtime pay. Worker Rights Complaint form.
- Prevailing wage while you work on a public works project. Prevailing Wage Complaint form.
- Protected leave through the Washington Family Care Act to care for sick family members. Protected Leave Complaint form.
- Social Security Disability Benefits
- Unemployment Compensation
- Protection against discrimination as a handicapped worker.
- Social service benefits, such as welfare or SSI.
- Workers’ compensation benefits or their rough equivalent in another system if you are a longshoreman, harbor worker, seaman, federal employee, defense base worker, or railroad worker. Types of Injury & Disability Claims
