Filing an L&I Claim While Laid Off
Work status does not change an employee’s or a former employee’s ability to file a workers’ compensation claim.
You can still be gainfully employed, laid off, fired, or out of work and still file a claim. You can still work for the same employer or move on to a different employer and still file a claim. It makes no difference.
What matters is that you file the claim in a timely manner before the statute of limitations runs. There are some differences between the time limitations for injury and occupational disease filing.
Laid Off With an Open L&I Claim
You can be laid off even while you have an open L&I claim. An employer can lay you off or fire you for any good reason or no reason at all.
You cannot be legally laid off or fired:
- because you filed an L&I claim
- for any reason found discriminatory to include race, gender, national origin, disability, religion, genetic information, for your age if you are over the age of 40
- in violation of your contract or bargaining agreement
If you are working with medical restrictions and have not been doing your full-duty job when you are laid off, you may be eligible for time loss benefits in your L&I claim.
A layoff should not otherwise affect the time loss or medical treatment aspects of your L&I claim.
Laid Off vs Fired -It Makes a Difference
A layoff and a firing are related but different concepts.
Being fired for cause often implies poor performance or a failure to meet the employer’s expectations. Being fired for cause affects employment security (unemployment) benefits and L&I time loss benefits.
Being fired for no reason is still a firing. It is legal in Washington except in limited situations, such as where workers have union or contract protections. Being fired for no reason does not negatively affect employment securities or L&I time loss benefits.
Being laid off is a reduction in the workforce, usually based on the employer’s business considerations. However, being laid off does not affect employment security and L&I benefits in and of itself.
Being fired for an impermissible reason is a problem for the employer. This is discrimination, and it is against the law.
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