What can I do while on time loss?
You can go about your daily activities within the limits and restrictions outlined by your doctor. While on time loss, you should receive medical treatment and attend medical appointments. Use this time to focus on your recovery.
Can I volunteer while on time loss?
You can volunteer while on a time loss; however, you should be careful and do it correctly. Get your doctor’s approval. It can be a therapeutic thing for your physical and mental health. Have your doctor say so. Don’t do too much. Don’t receive wages for volunteering. You may wish to inform L&I of the volunteer activity. Don’t have it rise to the level of work-type activity. WAC 296-14-4123(1). Don’t volunteer so much that L&I says you are employable WAC 296-19A-010.
The time loss rules. What should I not do while on time loss?
- Do not work while on time loss.
- Do not perform activities that look like work, especially in your front yard, where you are in full view of L&I investigators.
- Do not post anything on social media that contradicts what you say to L&I and your doctor. L&I investigators read the social media posts of injured workers every day. They are looking for people who are working. They are looking for people who perform activities that are the equivalent of work.
- Do not miss your medical appointments.
- Do not engage in sports or other activities inconsistent with your medical restrictions. Follow your doctor’s advice about activity.
- Understand this: This is serious business. L&I works overtime to look for dishonesty and prosecute it as fraud.
Who pays the time loss for my lost wages?
The Department of Labor and Industries pays the time loss to injured workers on State Fund Claims.
If you work for a self-insured employer, your employer pays for your time loss. The self-insured employer may have a Third-Party Administrator (TPA) as its claims manager and issue time loss payments through that TPA.
How long do claims managers have to start paying time loss?
The first time-loss compensation payment must be ordered and mailed within 14 calendar days. Payments are due on the date of the department order.
The 14-day clock begins the day after the receipt of either the Report of Industrial Injury form or the worker’s application for benefits or
The 14-day clock begins the day after the department receives contention or certification from your doctor that time-loss compensation benefits are payable.
What if the self-insurer or L&I won’t pay the time loss or pays the time loss late?
Self-insured employers can be penalized for late or missing time-loss payments. You can request a penalty from the Self-Insured Section of the Department of Labor and Industries. The law assesses a penalty of $500 or 25% (whichever is greater) of the amount due. Payment is to the injured worker.
There is no penalty for claims managed by the Department of Labor and Industries. However, you can ask to speak to the unit supervisor and ask them to intervene.
How do I get paid penalty money for late time loss compensation?
You can request a penalty on a self-insured claim by writing to the Self-Insured Section of the Department of Labor and Industries. The director of L&I must issue an order within 30 days of your request.
Who do I complain to if my time loss rate is not correct?
Contact your claims manager to advise them that your time loss rate is incorrect. If an order has been issued setting your time loss rate, you must properly submit a timely WRITTEN protest or appeal that order. Do not hesitate. Time is of the essence. See How to Disagree with an L&I Decision. Provide the claims manager with your pay information if your employer is not responding to requests for wage information.
What is provisional time loss?
Time loss paid while the claim is under investigation is provisional time loss. It is different than time loss. Provisional time loss comes with strings attached. If your L&I claim is later denied with a final order, you must repay all the provisional time loss you received. L&I does not always initiate provisional time loss while they wait to decide whether to allow or deny your claim. They do have to pay it, so if you deserve it and want it, then request that L&I pay provisional time loss.
What if I return to work for less money?
You can apply and possibly receive Loss of Earning Power
What does the law say about time loss?
The time loss statute is RCW 51.32.010
Are time loss orders important?
- YES. Pay attention to all L&I orders, including time-loss orders
- An order is a legal communication from L&I. Your benefits are affected by these orders. Pay attention to when you get the order. Look at the amount of time you have to protest. This information is written at the bottom of the order.
- If an order is unfavorable, you can protest or appeal in writing, or get legal representation to do it for you, and do it before it’s too late.
- The first time loss order you receive is the most important because it sets your wage rate, determining your time loss rate. Be sure you pay attention to the L&I order setting your wage rate. This may be the most critical order on your claim. Make no mistake about this: the wage rate set in that order, once it becomes final, is the wage rate you will have for the life of your claim. If it isn’t right, then do something about it. Protest the order in writing. You can protest in writing first and get them the evidence later. Insist the claims manager gets it right. Continue to protest or appeal as necessary. If L&I doesn’t get it right, get legal representation before it’s too late.
Why does time loss end?
L&I time loss gets cut off for several 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 the worker can return to work
- Self-Insured makes a mistake or is unreasonable
- L&I makes a mistake
What should you do when time loss ends before it should?
- Disagree with any decision you think is wrong. Do it on time. See How to Disagree with an L&I Decision
- Figure out why time loss ended and solve the problem. If you don’t know why time loss ended, review your file online and talk to the claims manager.
- If the employer has made a job offer, be sure that the job offer complies with the Time loss and Job offer issues covered by INTERIM POLICY 5-15.
- If the self-insurer unreasonably delays or refuses to pay benefits as they become due, ask for a penalty. RCW 51.48.017 and WAC 296-15-266
- Talk to our attorneys
How to keep time loss benefit going
- See your doctor
- communicate your work situation
- make sure he reports to L&I
- Communicate with your claims manager
- Help get information to them
- Make it easy for them to pay you
What If My Time Loss Is Often Late?
Late time loss is no fun. It would be best if you did something about it. What you do depends upon the reason it is late.
- The Self-Insured is at fault for late payments. See Penalties to the Self-Insured Employer for Unreasonable Delay
- L&I is at fault. See L&I Time Loss
- If you are the reason my time loss is late, See Time Loss Cut Off
- If your lawyers are the reason, time loss is often late. This is a special problem. See How Lawyers Handle Client Money.
Time Loss Calculator
What is the time loss formula?
Wage and Family Calculation
Your time loss rate is determined by multiplying wages times a family status percentage [wage rate x family status percentage = time loss rate].
Wages include:
- your date of injury wages
- contractual bonus
- wages from a second job, if any
- reported tips
- board, housing, fuel, or other considerations of like nature,
- the employer’s cost of health care insurance, if any, you may have lost since the injury.
Family status determines the % of wages.
- Single = 60%
- Married = 5% more
- Children = 2% more each up to 10% maximum
- The child’s portion is paid to the parent/guardian with legal custody
- Child’s 2% are only to age 18 or 23 if they are in school full time.
Maximum Time Loss Rate
Wage payments are different for high-income earners. There is a dollar maximum of time loss per month, which is determined by your wage as of your date of injury. This maximum dollar amount changes yearly. If the wage and family status calculation above ends up greater than the figures below, then you are a high-wage earner, and your maximum rate can be found here.
COLA Increase Effective 7/1/2021
Minimum Time Loss Rate
The % of wages figures don’t apply to persons who earn very low wages. If your wage and family calculation is less than the figures below, you will receive the amount set out below.
Minimum Time-Loss Rate for a DOI or DOM on or after 7/2/08
15% of the State’s Average Monthly Wage
- An additional $10.00 per month is added to the base rate for a spouse or registered domestic partner and $10.00 for each dependent child up to five dependents.
- If the worker’s gross monthly wage is less than that sum, then the worker is entitled to a time loss rate equal to 100% of their gross monthly wage or the minimum rate in effect prior to 7/2/2008, whichever is greater.
- Any applicable cost of living increases should be added.
Date of Injury | 15% of State Average Wage |
07/01/21 – 6/30/22 | $959.26 |
07/01/20 – 6/30/21 | $871.25 |
07/01/19 – 6/30/20 | $816.26 |
07/01/18 – 6/30/19 | $773.59 |
07/01/17 – 6/30/18 | $736.96 |
07/01/16 – 6/30/17 | $703.41 |
07/01/15 – 6/30/16 | $685.37 |
07/01/14 – 6/30/15 | $657.94 |
07/01/13 – 6/30/14 | $644.94 |
07/01/12 – 6/30/13 | $623.68 |
07/01/11 – 6/30/12 | $602.03 |
07/01/10 – 6/30/11 | $589.41 |
07/01/09 – 6/30/10 | $578.20 |
07/01/08 – 6/30/09 | $559.01 |
For up-to-date details, see L&I’s Minimum Time Loss Rate.
Can an Injured Worker Get Sick Pay and Time Loss for the Same Period?
- Yes. The injured worker can double dip when using their earned benefits. Holiday pay, vacation pay, sick leave, or other similar benefits shall not be deemed time loss payment by the employer.
- The same is not true for Washington Paid Family Leave.
What is Kept on Salary?
Kept on salary (KOS) is an employer continuing to pay the worker all the wages they were earning at the time of injury. When an employer accurately and timely keeps their injured worker on salary, the worker is not entitled to time loss payments for that same time period. The employer benefits from KOS because they can keep their L&I claim costs lower. The worker benefits because KOS is often higher than the time loss rate. RCW 51.32.090 (8)
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 protest the order in writing in a timely manner and insist the claims manager get it right. Continue to protest or appeal as necessary. See How to Disagree with an L&I Decision. Talk with a lawyer; our consultations are free.