Can I Sue L&I or My L&I Claims Manager?
Washington State L&I is a no-fault workers’ compensation system. Under the Washington Industrial Insurance Act – RCW Title 51 injured workers receive workers’ compensation benefits on a no fault basis. L&I is the government agency responsible for administering the system: L&I act a a claims manager. They have immunity from most lawsuits
This means you can’t sue L&I Workers Comp claims adjusters, and you can’t sue L&I either.
In Washington State a job injury means you have a workers compensation claim.
- L&I allow you to receive benefits for job-related injuries or illnesses without proving your employer’s fault or negligence.
- A no-fault system is designed to help you have a valid claim. Even if your injury is your fault, you should be able to collect workers’ compensation unless you injure yourself on purpose or you injure yourself while intoxicated.
- No-fault systems are supposed to streamline obtaining medical care and compensation for lost wages, making it easier than filing a lawsuit.
There are rare cases where you can sue a self-inured claims manager. There might be a pathway for legal action against a self insured claims manager, if you can prove egregious conduct or clear legal violations. It’s best to consult with a legal expert in these situations.
Can I Sue My Employer?
- The usual rule is no, you cannot sue your employer for a job injury. What you can do is file an L&I claim. Filing an L&I claim is not suing your employer.
- Suing your employer is possible if your employer intends to cause your injury as per Washington Statute RCW 51.24.020. These cases are very difficult to prove. See can I sue my employer for an L&I job injury.
What is the correct way to disagree with a bad claims decision?
You need to protest or appeal incorrect L&I decisions. Claims managers make important decisions about your L&I claim. These decisions are communicated to injured workers as an Order and Notice or a Vocation Determination.
- L&I gets it wrong all the time. When L&I makes a bad decision, you can disagree with those decisions and require them to make another decision. How to Disagree with an L&I Decision.
- If you ignore an L&I decision or wait to long, it will become final and binding, and you will be stuck with it. There times deadlines you must comply with to disagree with L&I successfully.
- See How to Protest/Appeal an L&I Order
If your L&I claim is closed prematurely or unjustly, take action to reopen it as soon as possible.
- Reopening is for L&I claims that have been finally closed, at least 60 day after a closing order.
- See Reopening an L&I Claim How to Reopen and L&I Claim: Rules, Policies, Timeline
Reopening a claim for medical benefits is a lifetime right for injured workers. Know your rights and talk to an L&I lawyer as soon as possible.
Employment law allows you to sue your employer if your claim isn’t about a job injury, including employment discrimination, illegal termination, sexual harassment, failure to accommodate, and other employment law violations. Find out if you have a non-L&I claim against your employer. See Employment Law is not Workers Compensation law.
We’re here to fight against L&I and crooked self-insurance companies on your behalf.
Regardless of the circumstances surrounding your WashingtonL&I or personal injury claim, the assistance of an experienced leal team can make a considerable difference in the outcome of your case, especially when it comes to fighting against wrongful actions. If you have suffered an on the job injury and believe you’re being mistreated, schedule a free consultation today.
When can you sue L&I?
You can possibly successfully sue L&I if you can prove the tort of outrage/bad faith. If the Department’s conduct is so outrageous in character, and so extreme in degree, as to go beyond the bounds of decency, and is regarded as atrocious and utterly intolerable in a civilized community, then it may be possible to survive a summary judgment motion on the exclusivity bar. If you do have a bad faith claim against L&I, there is a statute of limitations deadline you must meet, RCW 4.16.080 and RCW 4.16.130. Consult with a lawyer about this. Contact us.
