Inevitably, your uncle or friend or co-worker has had an L&I claim, and will, unfortunately, tell you exactly what you “deserve.” The problem is that every claim is unique, and your uncle or friend’s result will be different than your own.
At a glance, here is what you MAY be eligible to receive:
1) Treatment – Medical coverage of an accepted condition, without co-pay, co-insurance, or deductible.
2) Temporary Total Disability – Often called time-loss, this is wage replacement up to a set percentage based on your income and family situation.
3) Permanent Partial Disability – Often called a “settlement,” not every claim will warrant this settlement, but if doctors find that you will have some lasting medical incapacity resulting from your industrial injury you may deserve a PPD.
4) Permanent Total Disability – Often called a pension, this is basically time-loss at a set rate for the rest of your life if you are found unable to return to gainful employment.
5) Vocational Rehabilitation and Assistance – If you cannot return to your job of injury, and do not possess transferable skills, you may be entitled to retraining benefits.
6) Job Modification Costs – These are measures taken so that you can go back to your job of injury, but with the help of an ergonomic chair, desk, or other modifications, without which you could not do your job.
7) Loss or Damage to Clothes – This replaces clothing destroyed during the injury, not all types of clothing are covered.
8) Residence or Vehicle Modification – This is a permanent structural change made to the home/vehicle to meet the injured worker’s needs due to the industrial injury, not all changes are covered.
9) Loss of Earning Power – Like a time-loss payment, but paid when you have gone back to work only part-time.
Here is what you WILL NOT get from an industrial insurance claim in Washington:
1) Pain and Suffering – This is the non-physical trauma that comes from the loss of your job, ability to do the job, loss of limb, chronic pain, etc…
2) A Job – Even if you lose your job after an industrial injury, the Department of L&I is not responsible for finding you work.
3) Treatment for unrelated conditions– Conditions that are not related to your industrial injury are not covered by your claim.
If you have a claim and you’re not getting treatment or other benefits, or you’re about to file a claim and would like a free consultation with a dedicated worker’s compensation attorney, contact Carlisle & Byers for a time to meet.