Yes, a protest may be filed if you feel you are entitled to a higher rating or do not agree with claim closure, but the current payment is yours. (You should to talk to your attorney about using some of this payment to help fund the cost of litigation.)
Not usually. There is a no fault system that grants immunity from legal action to employers and co-workers; however, there may be special circumstances and you should speak with an attorney regarding what occurred.
The calculation of time loss is based on marital and dependent status at the time of injury, with a percentage paid dependent upon status.
The Department or self-insured has the right to obtain fresh medical by way of an IME every six months. There are certain circumstances they may allow for occasionally more exams. You should talk to an attorney about the need to go.
You may question the location of the IME if it is not scheduled within a reasonable distance from your residence.
Typically, if you were unable to work for one year, or reasonably believe you will be unable to work for one year, you should file for SSD
No, Washington State does not monetarily recognize pain and suffering resulting from a work related injury.
Yes, however, you will need to find a doctor willing to provide treatment under your claim that is in the Provider Network of the Department of Labor and Industries, State of Washington.
The Department of Labor and Industries can provide a listing of doctors by location and specialty that you may contact to ascertain whether they will take on treatment under your claim.
The facts of the incident will determine whether a new claim should be filed, or an application to reopen is appropriate. Your doctor will determine the medical evidence, while a lawyer may help determine the law indicating which avenue is right for you.
Yes, however, an offset will be taken and one of the payments will typically be reduced.
You must see a doctor who will then submit information to the Department of L & I. Your condition must be objectively worse than at the time of claim closure. Also, the worsening must be at least in part due to the original industrial injury or occupational disease. *Application should be made within seven years of claim closure to obtain more than treatment; however, benefits beyond seven years is at the Director's discretion. Your attorney can explain the factors to determine whether you will likely benefit.
You may select a new attending physician who is willing to handle treatment under your claim. The Department or self-insured agent must then be notified of the transfer of physician in writing.
It is difficult to determine the length of time an appeal will last as it is dependent upon whether a settlement may be reached in the mediation process or whether the case will move on to hearings. Typically, a case going through the hearing process may take up to a year or longer from the appeal until a decision is rendered.
Yes, if your injury was caused by the negligence of a third party (someone outside of the employee/employer relationship), or faulty product or machinery. Like most other legal actions there is a statute of limitations, so please bring this up to an attorney in a timely manner or you will miss the opportunity to file such a claim.
Once your condition has reached maximum recovery, your condition will be rated and a monetary award may be paid. If the Department has closed your claim without such an award, or you feel it is not the right amount, talk with an attorney to assess your chances of getting the correct award.
Not usually. There is a no fault system that grants immunity from legal action to employers and co-workers; however, there may be special circumstances and you should speak with an attorney regarding what occurred.
AAG - Assistant Attorney General
AB - Application of Benefits
AGO – Attorney Generals Office
AP - Attending Physician (your primary provider)
BIIA or Board - Board of Industrial Insurance Appeals (A separate overseeing agency from LNI)
CC - Claims(s) Consultant
CM - Claim(s) Manager
DLI or LNI - Department of Labor and Industries (aka, the Department)
D&O - Decision and Order; this is the final determination made by all three sitting members of the Board (this can be appealed to Superior Court)
DOI - Date of Injury
IAJ - Industrial Appeals Judge
IME - Independent Medical Examination
IW - Injured Worker
JA - Job Analysis
LEP or LOEP - Loss of Earning Power
OAP - Order on Agreement of Parties, a method of memorializing resolutions of appeals at the BIIA (Settlement)
OD - Occupational Disease
MMI – Maximum Medical Improvement, which used to be referred to as “fixed and stable”
PBPCE/PCE - Performance Based Physical Capacities Evaluation or Physical Capacities Evaluation PD&O - Proposed Decision and Order; this is the decision written by the IAJ who hears evidence presented during the appeal
PFR - Petition for Review, the first stage of appealing an IAJ’s decision
PPD - permanent partial disability; when a worker sustains a permanent residual from an industrial injury or occupational disease, he/she may be entitled to a lump sum award at the time the claim closes
TLC - time loss compensation
TTD - total, temporary disability, also known as “time loss compensation.” In general, these benefits are paid every 14 days as certified by the workers’ attending physician; the amount of these benefits is limited by statute, and is calculated based on a worker’s wages, marital status at the time of injury, and number of dependents at the time of injury
TPD - total permanent disability, also known as a “pension.” If it is determined that a worker’s medical condition is “fixed and stable” or at “maximum medical improvement (MMI)” and the worker is not employable, then he or she may be eligible for monthly payments for the rest of his or her life. These benefits are paid on the 15th of every month and there are various options for determining the amount of monthly benefits.
SIE - Self-Insured Employer
TPA - Third Party Administrator. SIE’s will often hire companies to manage their workers’ compensation claims. These companies are called TPA’s. This is not the same as a “third-party” action in workers’ compensations claims.
VRC - Vocational Rehabilitation Counselor, also known as “Voc”