Key Takeaways

• The Department of Labor & Industries does not always include all allowable injuries when filing a workers’ compensation claim .
• If your loved one’s employer is at fault for a workplace accident that caused a death, you might recover damages by filing a wrongful death claim.
• Workers’ compensation law allows only 60 days to appeal a decision on your workers’ compensation case .
• Experienced workers’ compensation attorneys can help determine whether you are receiving all of the benefits to which you are entitled.

Suffering from a work injury in Spokane, Washington can make you feel anxious, especially if the injury is severe. You’re probably wondering how to pay your bills and put food on the table. Workers’ compensation can help you maintain your home and pay medical expenses.

Contact McPartland Law Offices to schedule a free consultation with a Spokane workers’ compensation lawyer to learn more about your rights if you suffered a work injury.

From Airway Heights and Cheney to Liberty Lake and Otis Orchards Washington, and from Kettle Falls to Pullman and everywhere in between, our Spokane, Washington office serves people who have been injured at work.

Workers’ Compensation and L&I (The Department) in Washington

Those injured on the job are entitled to receive curative treatment for their injuries. The Department of Labor and Industries and Self-Insured Companies are responsible for covering medical expenses related to your injuries. You can receive loss benefits – wage replacement benefits that are paid at 60 to 65 percent of your pre-injury wages.

You can also receive loss of earning power benefits, which are paid at 80 percent of the gap between your pre-injury and post-injury wages if your injuries allow you to work part-time.

You also have a right to reopen your claim for medical benefits for up to seven years after the claim is closed. If you need to appeal a decision made by the Department of Labor and Industries, you have only 60 days to do so.

Starting Your Spokane Workers’ Compensation Claim

Whether your employer has workers’ compensation from the Department of Labor and Industries or is self-insured, the process to start a claim is the same. For emergency medical care, call 911 immediately, as the Department will pay for the first medical appointment. If you need an ambulance, it will also pay for the ambulance.

In cases of non-urgent medical needs, it is advisable to promptly seek medical attention, regardless of whether the condition necessitates immediate emergency care. The Department will pay for the initial visit for any injury you sustained while on the job.

Always notify your immediate supervisor and human resources of your injury. When you go to the doctor, he or she will certify whether your injury is work-related. Some doctors may help you file a workers’ compensation claim.

Always inquire about any work limitations and procedures for obtaining copies of your medical records.

If you need to see a medical professional for more than one visit, you must use a provider in the Department’s network.

Disability Category Ratings in Washington

Washington uses different disability category ratings to determine how much each workers’ compensation claim is worth, including:

• Total Permanent Disability (TPD): The worker cannot perform full-time gainful employment. He or she is medically disqualified from the job of injury, including jobs with transferable skills. They would also – in most cases – fail vocational retraining.
• Claim Resolution Settlement Agreement (CRSA): The CRSA is a “mitigated pension” – a structured settlement. It never pays as much as a disability pension (TPD). You must meet the Department’s criteria to qualify. However, if the amount you accept is not enough to cover future medical expenses, you may not be able to go back to reopen your claim. This type of resolution is good for those who cannot return to the same type of job but want to do something else with their life.
• Permanent Partial Disability Award: This award is dictated by the date of your injury and the type of injury you suffered while on the job.
• Sidebar Settlements: These are only available if your employer is self-insured. You agree to a settlement with the insurance company. The Department does not typically offer this type of settlement.

Why Hire a Spokane Washington Workers’ Compensation Attorney

Working with a Spokane workers’ compensation lawyer has many benefits. Obtaining legal advice early in the process – during the first 60 days – is ideal. Our offices offer a complimentary audit of your case. We will assess the various elements of your case and advise whether you can proceed independently or if you should continue with legal representation. At McPartland Law Offices, we do not believe in a sales pitch but in providing information to clients on which they can rely to best help their families.

The Benefits of Working with a Spokane Workers’ Compensation Lawyer

• A workers’ compensation lawyer can assess whether you are obtaining the full extent of benefits to which you are entitled. The Labor & Industries department may neglect to mention certain benefits, especially those that you would be entitled to later during your illness.
• Sometimes, the workers’ compensation department does not evaluate all of your workplace injuries. An attorney who is familiar with various types of injuries can find injuries that the doctors will not include. In the event of an incident such as falling from a 10-foot height and sustaining a shoulder injury, workers’ compensation insurance provides coverage for the specific shoulder injury. However, subsequent injuries, such as neck pain that arises a week or two later, may not be covered. A legal representative will investigate and identify any associated injuries to facilitate their inclusion in your claim.
• If you have to appeal, a workers’ compensation attorney can guide you through the complex appeals process.
• We help coordinate care for workers who live out of state but were injured on the job in Washington.

Our Custom Approach to Workers’ Compensation Claims

McPartland Law Offices offers a two-week evaluation of a worker’s file at no cost to you. We thoroughly review your file and provide you with an assessment of whether we believe we can make a meaningful difference in the outcome of your case.

If everything looks to be in order, we let you know that you can proceed independently with no obligation to our firm. This service sets us apart from other workers’ compensation attorneys. Visit our testimonials page to see more examples of ways in which we have helped people like you.

Legal Help for Filing Claims and Appeals

One of the key ways our office helps injured workers is by navigating the appeals process for workers’ compensation claims. If you are being referred to an Independent Medical Examination (IME), you should be speaking with an attorney, as the examination can damage workers’ compensation cases.

On your notice of decision or order, if there is a box referring you to a 60-day period in which to request reconsideration, protest, and/or appeal, you should at least schedule a free consultation with an attorney.

The notice of decision or order is the trigger point where you should contact an attorney, as you only have 60 days to appeal these decisions. If a medical condition is not included or the Department does not allow all of your benefits, they could be lost forever.

Additional Resources

• How to Reopen Your Washington Workers’ Comp Case: You can reopen your workers’ compensation case, especially if you suffer additional injuries that cause you to incur more medical bills. The law requires that you demonstrate worsening by comparing your status at the last claim closure or last rejected reopening attempt to your current reopening effort. A legal consultation BEFORE attempting reopening is free and well worth an injured worker’s time.
• Are Your Wage Replacement / Time Loss Benefits Accurate? A workers’ compensation attorney can review your case to help determine whether your wage replacement and time loss benefits are accurate, including overtime, benefits, and housing.

Support for All Spokane Workers

When you suffer a workplace injury or lose a loved one due to a workplace injury, an experienced Spokane workers’ compensation attorney or wrongful death attorney can guide you through the process of recovering the compensation you deserve.

Contact McPartland Law Offices at 509-495-1247 or complete our online form to schedule a free consultation today.