On-the-job injuries are common throughout the state of Washington. Whether you work in a high-risk industry such as construction or slip and fall while working in an office, you are entitled to receive compensation to cover specific losses related to your work injury. To resolve your claim as swiftly as possible and secure the financial relief you need, a workers’ compensation lawyer in Washington can represent you and your needs.

With the help of Calbom & Schwab Law Group, you have an advocate to ensure you are receiving the full amount to which you are entitled. With more than 50 years of experience, we can help you understand your rights, make sure your claim is filled out correctly, and negotiate on your behalf. Our team of legal professionals works diligently to recover your losses and empower your recovery. 






    What to Know About Washington’s Workers’ Compensation System

    The state of Washington takes a unique approach to workers’ compensation claims, which is overseen by the Washington State Department of Labor & Industries. To protect both employers and employees, the state employs a no-fault industrial insurance approach. What this means is that employers can avoid being sued by workers, and employees can receive the medical compensation they need without having to demonstrate that their employer was at fault.

    When a worker is injured, they can file a claim for workers’ compensation, but who they file their claim with can depend on who is in charge of providing benefits. The majority of claims are paid for by the L&I fund issued by the state. However, some companies may choose to fund workers’ compensation benefits themselves. It is important to know whether or not the latter option is offered by your employer before filing your claim.

    To be eligible to file a workers’ compensation claim, it must first be established that the injury or health condition was acquired on the job and/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 definitely or probably happened while the individual was working.

    Exceptions to Workers’ Compensation Provisions

    It is important to be aware that while most companies throughout the state must provide workers’ compensation benefits throughout the state, there are some exceptions to who may claim these benefits. According to RCW 51.12.020, individuals working in a private home in a gardening, maintenance, or domestic servitude capacity are exempt. Additionally, sole proprietors, partners, jockeys, and select other individuals are not eligible. 

    How to File a Workers’ Compensation Claim in Washington 

    If you have been injured on the job, it is essential that you follow the process outlined in RCW 51.28 in order to meet all applicable requirements, complete the claim process, and apply for compensation. If you are unsure about how to proceed in your specific situation, a workers’ comp attorney can provide the clarity you need. 

    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 required to report the accident to the state. At this point, the employee can move forward with filing an application for workers’ compensation benefits with either the state or their employer, depending on what option is available to them. 

    Evidence of the worker’s injuries must be provided to support the request for benefits. Medical professionals must attest to the validity of the claim and whether or not the injury was related to work. All necessary paperwork must be completed and submitted to the state for review and decision-making prior to awarding the injured employee with benefits. Applications and supporting documentation are kept confidential throughout the process. 

    It is highly recommended to hire an experienced workers’ compensation attorney as soon as possible, and consult them prior to filling out your application. With their in-depth legal knowledge, they can provide direction regarding your options and help you decide on what actions most closely align with your needs.

    Filing a Workers’ Compensation Claim on Behalf of a Deceased Worker

    Some workplace accidents are so severe that they are fatal to workers. When an accident results in death, 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. 

    Applicable Statute of Limitation Periods for Washington Workers’ Comp Claims

    Statute of limitation periods apply to workers’ compensation claims, so it is important to avoid delays in filing your claim. If you suffered an injury while working, 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, then you are allowed two years from the time of written notice by a medical professional to file your claim according to RCW 51.28.055. 

    Video: What Is Going To Happen Now That I’ve Filed My Workers Comp Claim?

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    The Status of Your Workers’ Compensation Claim is Important  

    The length of time an individual may need workers’ compensation benefits can vary depending on the type and severity of the injury. Your injury could require either short-term or long-term benefits. Ensuring you receive the maximum benefits for your claim is essential after an on-the-job injury, so 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 the condition of your injury or illness deteriorates. To appeal a closed claim and reopen it, you must file an application within the designated time limit. 

    If you have been denied or lost access to your benefits unexpectedly, it is important to speak with workers’ compensation attorneys in Washington about appealing a claim denial or reopening a claim that was closed too soon. We can help you determine the reason for the action, fill out the appropriate paperwork, and communicate with L&I or your employer on your behalf so your benefits can start or be reinstated. 

    Your Ability to File a Third-Party Claim and How It Affects Your Workers’ Comp Claim

    There may be times when you have suffered an on-the-job injury, but it was not caused by someone within 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 defective tools, devices, or parts. When these situations happen, you may have the option to file a third-party claim rather than a workers’ compensation claim.

    In these instances, you have the option of how to proceed. You can still receive workers’ comp benefits if you were in a work capacity at the time of the injury. However, you may also file a claim directly against the party who hurt you. Your first decision will be to choose to handle it yourself with the help of your lawyer or allow Labor & Industries to handle it for you. The former allows you to retain more control, as L&I may not necessarily pursue the third-party claim. 

    It is important to be aware that 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, and you as a result. As such, you should talk to your lawyer to determine the most effective path forward in your situation. 

    What You Can Recover in a Workers’ Compensation Claim in Washington

    If your claim is approved, you can recover workers’ compensation benefits to help provide financial relief for your losses. Expenses from a workplace accident can add up quickly and leave you facing enormous deficits between medical care and lost income. By receiving financial assistance to cover your losses, you will not have to cover some or all of these costs out of pocket. 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

    Talk to a Washington workers’ comp lawyer to determine how much your claim is worth. They can assess and calculate your expenses and financial losses to establish an estimate of what you will need to fully recover. They will also walk you through what expenses will qualify for workers’ compensation benefits and which ones will not. 

    Workers’ Compensation Lawyers Ensure Your Rights Are Protected

    At Calbom & Schwab, we know that workers’ compensation claims are multi-faceted, can be complex, and difficult to secure at times. As such, we step in to shield you from those who would take advantage of you, act to minimize the risk of elements that could hurt your claim, and ensure all settlement offers are fair and sufficient for your losses. 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

    The needs of your case will depend on your specific circumstances and what factors you are facing with your claim. Our team takes the time to understand the full scope of your situation to ensure that you do not take a settlement that would be insufficient to cover your losses. To best protect yourself, it is essential to talk with workers’ comp attorneys in Washington before taking any action related to your claim.

    Affordable Legal Services at the Ready

    If you are concerned about how to pay for a workers’ compensation lawyer during this difficult time, rest assured that legal services will not cost you anything directly out of your pocket. You do not pay any attorney fees unless we secure the results you need. Even then, we take the fees out of the compensation you receive for your losses. This model ensures that you have legal representation to get a fair settlement that is sufficient to cover your expenses. 

    With this approach, you never have to worry that our actions are out of alignment with your goals and needs. You can have peace of mind knowing you have someone to fight for you. 

    Consult the Team at Calbom & Schwab Law Group Today

    Calbom & Schwab Law Group understands the importance of being compensated for your injuries when you have been hurt on the job. We provide you with skilled legal representation to navigate the complexities of a workers’ compensation or Labor & Industries claim and get the results you deserve. To get to know us and get answers to your questions, schedule a free consultation with our workers’ comp lawyers when you contact us today.