Last July, while working in the Tri-Cities, I suffered an injury to my right knee. I have continued to treat with my local doctor and have not been able to return to work. My husband's employer wants to transfer him to California. What will happen to my claim?
The Department of Labor and Industries is more than well equipped to handle situations like yours. Often, following an injury here in the State of Washington, an injured worker moves elsewhere. You will not be denied benefits simply because you no longer live here. In fact, recently the Department of Labor and Industries established a unit for handling claims specifically for people who live outside the state.
I would suggest you ask your doctor to make arrangements for you to be referred to a physician of his choice in your new location.
Should the Department of Labor and Industries deny access to further benefits or terminate your benefits, you will probably need to contact an attorney here in the State of Washington. This is because Worker's Compensation benefits are different in each state.
Last year I sustained a severe injury to my left foot and heel when a forklift driver at the processing plant ran over my foot. Because of severe damage to my heel, I require the use of a special boot to continue working. The boot has allowed me to continue my job of driving truck. The Department of Labor and Industries closed my claim six months ago. My boot has worn out and needs to be replaced. What can I do?
Typically a special boot, if considered a prosthesis, can be paid for by the Department of Labor and Industries without even having to apply to reopen the claim. Orthotic devices, and prosthetics are commonly paid for, if it is known that they are due to the industrial injury, without the need to reopen the claim. You should contact the Department of Labor and Industries.
Your question raises another issue and that is whether or not the forklift driver was working for someone besides your employer. You may have the right to pursue a personal injury claim under what is called a "Third Party Action". You typically have three years to bring a lawsuit for this type of claim. A third party claim allows you to recover damages for pain and suffering, emotional distress, loss of enjoyment of life, etc. If you have questions, please consult an attorney.
I recently fell from a ladder landing on my right shoulder. When the doctor took x-rays, they discovered that I had severe arthritis in the shoulder joint. My doctor says the arthritis probably existed before my accident. Can the Department of Labor and Industries deny benefits to me because of this pre-existing arthritis in the shoulder?
Washington courts have, in prior cases, said that if an injury "lights up" or makes active a latent or weakened physical condition, all of the resulting disability is attributable to the injury. What this means is that unless the Department can establish that prior to this industrial injury you were actually having symptoms and disability, as a result of the arthritis, then the industrial injury, which has made it symptomatic, is entirely responsible for all treatment and disability that continues thereafter.
