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Washington State L&I Statutes
of Limitations Explained
In Washington State, the statute of limitations on civil/tort claims is three years for negligence claims and two years for claims with intentional injuries. In the land of Labor and Industries, occupational disease claims have a two-year filing time limit, while you only get one year to file industrial injury claims. To understand the difference between the two claims, think of occupational disease claims as repetitive exposure or an injury due to overuse of your back, shoulder, etc. The statute clock starts ticking the day your doctor tells you that your injury or illness was work-related. In contrast, an industrial injury claim is an immediate injury, like falling off the ladder on the job. The clock for an industrial injury starts ticking right away.
What Is a Statute of Limitations?
A statute of limitations is an allotted time after which your legal rights can’t be enforced, and offenses are no longer punishable. In short, it’s the legal buzzer. If your shot isn’t in the air when the buzzer goes off, it doesn’t count. The same concept applies to statutes of limitations; if your protest, appeal, or filing isn’t sent by the date of limitation, it won’t count.
Why Do Statutes of Limitations Exist?
The purpose of having a statute of limitations is to stop defendants from becoming subject to unfair prosecution and legal action. Another practical reason for statutes of limitations is that, after many years, relevant evidence may be lost or difficult to recollect.
The Statute of Limitations after a Workplace Injury
One Year
“The craziest thing happened to me on the job the other day!”
This can be the start of an amazing story told at a backyard barbeque, or it can be the start of the conversation with the triage nurse in the Emergency Room. It is a story to be told, but make sure the correct people (doctors, employers, and legal representation) hear it soon.
How Long Do You Have to File a Workers’ Comp Claim in Washington State?
1 Year
Within One Year for Industrial Injury Claims
A Report of Accident must be filed by you or your doctor within one year from your injury date to file a claim. There is really not a lot of wiggle room here; if you fell off the roof on September 28, 2022, you better file your claim before September 27, 2023.
2 Years
Within Two Years* for Occupational Disease Claims
Ahh the asterisk. Lawyers just love ‘em. This one deals with the caveat that the two years starts to run once a doctor has told you that your joint disease, or disc disease, or your carpal or cubital tunnel syndrome was caused by your work. This start date may not be as hard and fast as the one-year deadline with industrial injury claims, but it can still be a dealbreaker so don’t wait. It’s important to get to a healthcare provider and let the Department of Labor and Industries know you have been injured. If you miss this window to file your claim, the L&I department has no requirement to grant your claim, even if legitimate.
Can I Be Fired While on Workers Comp in Washington State?
If you have been waiting to file a claim for fear of retaliation at work, stop waiting. It is against Washington State law to fire an employee filing for workers’ compensation. You must be aware though that it doesn’t put you in the clear. Your employer can come up with a reason to fire you for “cause” or move you to another position and then “magically realize” they no longer need it filled shortly after. If you feel like your employer has terminated you in retaliation for filing a claim (even if they tried to mask it by saying it was “for cause” or that they overestimate the need for a new position, etc.) you can file a grievance claim with the Department of Labor and Industries and they can conduct an investigation to see if fines or other penalties are appropriate against your (former) employer.
Occupational Disease Under
Washington State Law
So, what qualifies as an occupational disease? An occupational disease arises naturally and proximately, including illnesses such as joint disease, arthritis or the exacerbation of pre-existing arthritis, degenerative disc disease, etc.
- Getting Diagnosed
- Occupational Disease Statute of Limitations
- Examples of Common Occupational Diseases
Getting Diagnosed
Great! What does that mean? Simply put, an occupational disease is when your condition develops slowly and over time from what you do at your job. For something like carpal tunnel disease, you could be using a hammer all day, every day, for a decade.
Over the last month, you have noticed pain, numbness, or tingling in your wrists. You go to your doctor, who tells you it is from swinging that hammer for the past ten years. It’s time to file a claim. If your doctor is willing, have them file right then. If not, return to this article’s bolded section above on local L&I offices and choose how you will tell the department about your occupational disease. The only difference is that you have two years to file a claim, whereas you’d only have one year with an on-the-job injury.
Occupational Disease Statute of Limitations
With an occupational disease, you have two years to file from the point when you have BOTH a condition in need of treatment, AND your doctor informs you that the condition is work-related. In theory, you could file 25 years after you have a condition that needs treatment IF no doctor ever told you it was work-related. But why wait? Get it filed, get treated, and get back to life.
Examples of Common Occupational Diseases
- Carpal Tunnel Syndrome
- Degenerative Joint Disease
- Degenerative Disc Disease
- Arthritis
- Aggravation of Pre-Existing Arthritis
- Getting Diagnosed
- Occupational Disease Statute of Limitations
- Examples of Common Occupational Diseases
Getting Diagnosed
Great! What does that mean? Simply put, an occupational disease is when your condition develops slowly and over time from what you do at your job. For something like carpal tunnel disease, you could be using a hammer all day, every day, for a decade.
Over the last month, you have noticed pain, numbness, or tingling in your wrists. You go to your doctor, who tells you it is from swinging that hammer for the past ten years. It’s time to file a claim. If your doctor is willing, have them file right then. If not, return to this article’s bolded section above on local L&I offices and choose how you will tell the department about your occupational disease. The only difference is that you have two years to file a claim, whereas you’d only have one year with an on-the-job injury.
Occupational Disease Statute of Limitations
With an occupational disease, you have two years to file from the point when you have BOTH a condition in need of treatment, AND your doctor informs you that the condition is work-related. In theory, you could file 25 years after you have a condition that needs treatment IF no doctor ever told you it was work-related. But why wait? Get it filed, get treated, and get back to life.
Examples of Common Occupational Diseases
- Carpal Tunnel Syndrome
- Degenerative Joint Disease
- Degenerative Disc Disease
- Arthritis
- Aggravation of Pre-Existing Arthritis
What if I Need to File a Personal Injury Claim?
If you are dealing with a personal injury claim in Washington, there are some steps you need to follow that differ slightly from a workers’ compensation claim, and keep in mind that your Statute of Limitations here is likely three years for things like motor vehicle accidents or other tort/personal injury claims.
With a personal injury claim, you should:
- Assess your injuries
- Seek immediate treatment or medical care
- Determine the at-fault party (the police report, if made, is clutch here)
- Gather evidence if there is any question about the fault
- Continue to visit your doctor and attend all follow-ups, referrals, physical therapy, etc.
- Determine what damages you have suffered and create an estimate of the compensation you will be requesting.
- Submit a demand letter
- Reach a settlement or move on to litigation
Is Time Running Out for Your Claim?
If you’re experiencing difficulties at any point in your journey from injury on the job, give Carlisle + Byers a call; we might even be able to help you craft your BBQ story with the comedic timing and all!
Whether you’re dealing with a personal injury claim or workers’ comp, we’re well-versed in both areas to provide you with the advice and legal support you need to recover.
Frequently Asked Questions
How Long Does a Workers’ Comp Settlement Take to Process?
It depends on the circumstances of the claim as to whether there will be any “settlement” at all. Whether your employer is supportive or decides to fight (justly or otherwise) your claim, whether your treatment is successful, and whether you have legal representation can all impact the amount of time it takes for your claim to resolve. Some claims can be resolved within a year, while others, with complex medical issues, for example, can take ten years or more to resolve.
Can You Reopen a Workers Comp Claim in Washington State?
A claim can only be reopened if the authorized condition has objectively gotten worse after the day it was closed, and that worsening isn’t the result of a new injury or an unrelated or preexisting condition. To reopen your workers’ comp claim, click here to access the online form or visit our page for more information.
How to Notify/File a Claim with Labor & Industries
“How do I tell the department?” Good question. I would love to tell you the answer, but there’s an even better source than your lawyer: your doctor. Having your doctor file your claim is the best way to get this ball rolling because there will be at least some medical evidence that is required to establish your claim, and that will need to come from your doc.
If for some reason you need to file a claim without help from your doctor, at the very basic level you need to write down on a piece of paper the following:
- Your name
- The name of your employer
- The date you were injured AND that you were on the job
- What doctor you saw
- That you would like to file a claim for benefits through the Department of Labor and industries.
Alternatively, you can fill out a form here.
How to Get It on the Record at Labor and Industries
If you don’t want to file online, take that piece of paper we just talked about to a local L&I office or fax it to the Department of Labor and Industries at (360) 902-4567. If received by the Department within one year (or two years* for an occupational disease claim) this will satisfy the statute of limitations so that you cannot be time-barred from the Department accepting your claim.
Again, a much more certain (and frankly, easier) way to file your claim is through your doctor. They can help prepare the accident report and file it on your behalf.
You can also go to a local urgent care center in Washington State and request the urgent care doctor file the claim. Please be sure you always keep a copy for yourself for benefits.
Related Topics
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