Understanding Worker’s Compensation Appeals
If you work in a blue-collar or high-risk industry, you know that accidents can happen. When they do, these workplace accidents can have lasting consequences. Workers’ compensation benefits should help with the recovery process, but what if you’re denied coverage after a serious on-the-job injury? Calbom & Schwab Law Group, PLLC has helped people throughout Central Washington with their workers’ compensation issues. Our workers’ compensation lawyers can help you fill out paperwork, appeal denied claims, and even connect you with medical professionals who will get you the treatment you need.
Our law firm is here to listen to injured workers, offer advice and advocacy, and help you make the best of a bad situation. To request a free consultation with our Central Washington personal injury attorneys, contact our law firm today.
Who Qualifies for Workers’ Compensation?
Our state takes a unique approach to workers’ compensation claims, which is overseen by the Washington State Department of Labor & Industries (L&I).
To be eligible to file a workers’ compensation claim, the employee’s injury, illness, or health condition has to be acquired while on the job or in a work capacity.
Injured employees must be evaluated by a medical professional, both for their safety and to verify that the injury was the result of a workplace accident. A doctor must then report their findings of whether the injury or condition happened while the individual was working.
Exceptions to Workers’ Compensation Eligibility
While most companies throughout the state must provide workers’ compensation benefits in the state of Washington, there are some exceptions to who may claim these benefits.
According to RCW 51.12.020, individuals working in a private home as a domestic servant, gardener, or maintenance person may not be eligible for workers’ comp. In addition, sole proprietors, partners, jockeys, and select other individuals are not eligible for workers’ comp.
No matter who you are or what you do for a living, be sure to speak with our Central Washington workers’ compensation lawyers to find out if you qualify for benefits and what your legal rights are.
How Long Do I Have to File a Workers’ Compensation Claim in Central Washington?
First, injured employees must report the accident to their supervisor or employer right away so the employer is aware of the employee’s accident, injury, and/or hospitalization. Employers are then required to report the accident to the state.
At this point, an injured employee can move forward with filing for workers’ compensation benefits. The application deadline depends on the nature of the workplace injury you experienced:
- If you suffered an injury while working, Revised Code of Washington (RCW) 51.28.050 allows you up to one year to file a claim.
- If you suffered a loss of hearing, an infection, or a disease in the course of your work, RCW 51.28.055 states that you have two years from the time of written notice by a medical professional to file your claim.
Even though you have a year to two years to file for workers’ compensation, it’s best to get the process started sooner rather than later. This will help you receive financial assistance for your medical bills and any lost wages as you’re recuperating from your injury.
Understanding No-Fault Industrial Insurance
To protect both employers and employees, the state employs a no-fault industrial insurance approach. This means that:
- Employers can avoid being sued by workers
- Employees can receive medical compensation without having to demonstrate that their employer was at fault
It’s a good idea to discuss what happened at your workplace with the attorneys at Calbom & Schwab Law Group, PLLC. We’ll let you know if you should file for workers’ comp and what the process involves, or if you should consider other options to seek compensation.
Why Choose Our Law Firm for Your Workers’ Comp Case
If you’re an injured worker who is confused or overwhelmed after a serious accident, we get it. Some of our workers’ compensation lawyers have also faced major injuries that we’ll live with for the rest of our lives. These experiences aren’t just personal—they inspire us to help people just like you.
- You’re Not Just a Case to Us. You’re a neighbor who got hurt and needs someone to talk to. We’re here to listen and to explain your legal options so you can recover to the best of your ability. We are staunch advocates for blue-collar workers throughout the state.
- Se Habla Español: Our law firm is proud to help injured Spanish speakers throughout Central Washington. We have Spanish-speaking staff at all of our office locations in the state of Washington, so that we can provide detailed information about workers’ comp claims in a language you can understand.
- We Can Accommodate Injuries and Your Schedule: A serious injury can substantially affect your mobility. Our attorneys can travel to see you if you cannot come visit us in person. You may also have doctor’s appointments, physical therapy, and other obligations related to your work injury, which is why our workers’ compensation lawyers are willing to set up consultations on evenings and weekends to accommodate your schedule.
- A Long Record of Legal Success: Our law firm has recovered millions of dollars in verdicts and settlements for clients. We don’t just consider the dollar value of a claim, though. Our attorneys have also worked on complex cases that have gone all the way to the Washington Supreme Court, changing laws to benefit working people all over the state.
- If We Don’t Win, You Don’t Pay: A lot of injured workers don’t seek legal help because they’re worried about the cost of hiring a good attorney. In addition to free case reviews, our law firm works on a contingency fee basis. That means you don’t pay us a dime unless we successfully resolve your case. If we don’t win, you don’t pay—that’s how we look out for the little guy.
If got hurt on the job, you need someone who will listen and then fight on your behalf. That’s where we come in. Contact Calbom & Schwab Law Group, PLLC for a free case review from people who care about Central Washington’s blue-collar workers. Remember: behind the suits, we’re human beings just like you.
How to File a Workers’ Compensation Claim in Washington
The Washington State Department of L&I provides a guide to filing workers’ compensation claims, which we encourage you to review. Our workers’ compensation lawyers are more than happy to go over the process with you to make sure you have all of the materials you need for your claim.
When an eligible worker is injured, they can file a claim for workers’ compensation. Who the worker files their claim with will depend on who is in charge of providing benefits.
The majority of workers’ compensation claims are paid for by the L&I fund issued by the state. However, some companies may be self-insured employers, meaning that they choose to fund workers’ compensation benefits themselves. Our team can help you determine where to file your claim.
Evidence of the worker’s injuries must be provided to support the request for benefits. Medical professionals must say that the claim is valid and the injury was related to work. All necessary paperwork must be completed and submitted for review and decision-making. Workers’ comp benefits are only distributed after the claim has been reviewed.
Filing a Workers’ Compensation Claim on Behalf of a Deceased Worker
Some workplace accidents are so severe that they lead to the death of an employee. In fatal accidents or cases involving fatal illnesses, a workers’ compensation claim can be filed on behalf of the employee by a beneficiary.
Surviving family members, dependents, or any other applicable party must provide evidence of the worker’s death, their relationship to the deceased, and any other forms of evidence requested for resolving the claim.
Losing a loved one is a difficult time, and the filing process can feel overwhelming when all you want to do is take time to grieve and mourn your loss. Our attorneys have helped numerous families in Central Washington feel heard while seeking workers’ compensation after the death of a loved one. We’re here to offer our support in whatever way we can.
The Status of Your Workers’ Compensation Claim is Important
How long your workers’ compensation benefits last will depend on the severity of your injury or medical condition. Your injury could require either short-term or long-term benefits.
It is important to monitor the status of your claim so you receive everything you are entitled to recover. The primary claim statuses include:
- Open Claim: This means that your claim has been approved, and you are actively drawing benefits to cover the expenses and losses you sustained from the accident.
- Closed Claim: Your claim can be closed when you either no longer need to receive benefits for your work injury or your case is closed by L&I. In some instances, your claim may be closed because you and other applicable parties have agreed to a claim resolution settlement.
- Reopened Claim: You can reopen your claim if you believe your benefits were cut off before you have fully recovered, or if your injury or illness gets worse. To appeal a closed claim and reopen it, you must file an application within the designated time limit.
What Should I Do If My Workers’ Compensation Benefits Are Denied?
If you have been denied benefits or have lost access to your benefits unexpectedly, speak with our Central Washington workers’ comp attorneys about the appeal process. We can help you fill out the appropriate paperwork and communicate with L&I or your employer.
Calbom & Schwab Law Group, PLLC is looking out for you, and we want you to receive your benefits. For a free consultation to discuss why your workers’ compensation claim was denied, contact our law firm today.
How a Third-Party Claim Could Affect Your Workers’ Comp Claim
There are times when an on-the-job injury wasn’t an accident or caused by someone in your workplace. Rather, it was caused by an interaction with an outside party. Common examples of this are vehicle collisions while on duty, unsafe premises, or injuries caused by the use of defective tools, devices, or parts.
In these instances, you can still receive workers’ comp benefits, and you can also file a legal claim against the party who hurt you. Any compensation received from a third-party claim must also be used to repay L&I for benefits they provided to aid in your recovery. There may also be times when these two types of claims may negatively impact each other.
Our law firm also handles personal injury claims in Central Washington, and we are ready to help you hold the negligent third party accountable. We can also help you understand the pros and cons of seeking a third-party claim based on what happened.
What You Can Recover in a Workers’ Compensation Claim in Washington
If your workers’ compensation claim is approved, your benefits will provide financial relief for your out-of-pocket costs and other losses related to your on-the-job injury. Some eligible losses for workers’ comp include:
- Cost of medical care, medications, and other health-related services
- Travel expenses related to medical care access, vocational training, or select examinations
- Value of lost wages
- Damage to personal property
- Equipment and/or accommodations to your vehicle or home related to your condition
Our lawyers can help you understand how much your claim is worth. We’ll make sure that the full extent of your expenses and difficulties following a workplace injury are accounted for.
Our Workers’ Compensation Lawyers Ensure Your Rights Are Protected
Workers’ compensation claims can be complex and multi-faceted. That’s why Calbom & Schwab Law Group, PLLC shields injured Central Washington workers from people trying to take advantage of them and minimizes risks throughout the process. Our team has extensive knowledge of workers’ comp laws and acts to protect your rights by:
- Filing for permanent partial disability
- Filing for occupational disease or repetitive trauma claims
- Review of your file to ensure maximum benefit
- Denial of an application to reopen your claim
- Widow or widower claims
- Filing pension claims
- Representation when you’ve been denied time off, have lost wages, or have been denied medical treatment
- Assistance in acquiring vocational training
- Filing claims for crime victims
- Filing a claim to review the permanent partial disability awarded to you, so that you can still cash the settlement check and file an appeal if needed
Contact Our Experienced Workers’ Compensation Lawyers in Central Washington
Many Central Washington law firms help workers seek compensation after an on-the-job accident, but Calbom & Schwab Law Group, PLLC really takes time to listen to you. We’re ready for you to share your story. To request a free consultation with our workers’ compensation lawyers, contact our law firm today.
