Free Washington Workers' Compensation FAQs | Free Washington Workers' Compensation Legal Documents

How Do I Know If My Employer Is Covered By Workers' Compensation?

Tue, 29 May 2007 21:19:00 GMT

Generally, employers of one or more employees are required to provide industrial insurance coverage. Coverage is not required for the following employees. The following are examples of those that are exempt from coverage.

A sole proprietor or partner of a business.
Corporate officers are exempt if they meet the criteria set by state law.
A domestic servant in a private home. However, if two or more are employed regularly for 40 or more hours each per week all must be covered.
A person employed to do gardening, maintenance, repair, or similar work at an employer`s private home.
A person who is not a regular employee of the trade, business or profession of the employer, or working at the employer`s private home. This exemption refers to a person an employer hires to perform a personal errand or chore that benefits the employer as an individual, but not the business. An example would be hiring a person to repair a flat tire on a personal car not used for business.
A person working only in return for aid or sustenance from a religious or charitable organization.
A child under 18 years old employed by a parent in agricultural activities on the family farm.
Newspaper carriers who sell or distribute their papers on the street or from house to house.
Insurance agents, brokers or solicitors.
Cosmetologists, beauticians or barbers who rent or lease booth space.
Student volunteers (K12th grade).

How Long After An Injury Do I Have To Report It To My Employer?

Mon, 04 Jun 2007 21:51:22 GMT

You should report any work related injury to you employer immediately. If your employer is not made aware of your injury they may deny your claim for benefits. Injuries must be reported within one year. Diseases must be reported within two years after receiving written notice from a doctor that the condition exists and is workrelated.

In Washington, you must also file a claim for industrial insurance benefits. You accomplish this by completing the Washington State Fund Report of Industrial Injury or Occupational Disease. Someone else may do this for you if you are unable. However, it is your responsibility to make sure the claim is filed.

If I Am Injured On The Job Can I Choose The Doctor Who Treats Me?

Tue, 29 May 2007 21:19:00 GMT

You may choose any doctor who is qualified to treat your injury or disease. You may change doctors or ask for a consulting opinion from another doctor if you feel you are not making proper progress with your current doctor. However, to ensure proper payment of your medical bills, you must get approval from your claim manager before changing doctors or seeking another opinion.

If I Am Unable To Return To The Type Of Work I Did Before I Was Injured, What Happens?

Mon, 04 Jun 2007 21:51:22 GMT

If you are able to return to work and are paid less wages then your pre injury wages and your claim was on or after May 7, 1993, you may receive benefits which equal eighty percent of the actual difference between the your present wages and wages at the time of injury. The total of these payments and the worker`s present wages may not exceed one hundred fifty percent of the average monthly wage under state law.

My Employer Has Denied My Claim, What Do I Do?

Tue, 29 May 2007 21:19:00 GMT

If you believe a decision is wrong, it may help to talk to your claim manager. If you still are dissatisfied, you should send a written protest to the Department of Labor and Industries within 60 days of receiving Labor and Industries decision.

Explain in detail why you think the decision is unfair, supply any additional information you may have, and tell us what you think would be fair.

Your claim will be reviewed, and you will receive a written decision in response to your letter. If you disagree with this decision, you may appeal in writing to the Board of Industrial Insurance Appeals in Olympia. You must send your letter to the Board within 60 days after receiving Labor and Industries decision.

The Board of Industrial Insurance Appeals is separate from the Department of Labor and Industries. The board conducts hearings on claims issues that cannot otherwise be settled to the satisfaction of you, your employer or the department.

The board issues a written decision about your case after personal arguments and testimony have been taken. This decision may be appealed to a Washington State Superior Court.

You can contact the board by writing to: Board of Industrial Insurance Appeals, 2430 Chandler Ct. SW, PO Box 42401 Olympia, WA 985042401. Or call (360) 7536823, 18004420447 (instate tollfree line). For detailed information, ask them for their pamphlet Your Right to be Heard.

You can also contact the Office of Information and Assistance tollfree at 1800LISTENS (18005478367)

What Workers' Compensation Benefits Am I Entitled To?

Tue, 29 May 2007 21:19:00 GMT

You may be entitled to receive all reasonable and necessary medical treatment, benefits for lost wages, benefits for specific injuries resulting in permanent disabilities such as loss of use and/or disfigurement (scars). You may also qualify to participate in certain physical and vocational rehabilitation programs. If the injury causes the death of an injured worker, burial expenses are covered and the dependents of the deceased worker are entitled to certain benefits.

Repair or replacement of personal clothing, footwear or protective equipment is covered when an item is lost or damaged because of a workrelated injury. The same is true if those items are lost or damaged because of emergency treatment offered on the scene.

When Will My Benefits Begin And How Much Will They Be?

Tue, 29 May 2007 21:19:00 GMT

If you are unable to work as a result of your injury or disease, you will be paid a portion of your regular wages. These taxfree benefits are called timeloss payments. They are based on a percentage of your wages, your marital status and the number of legally dependent children you have at the time of your injury. The Washington State Supreme Court has also ruled that employerpaid healthcare benefits may also be included when calculating a worker`s gross wage at the time of an onthejob injury. The timeloss compensation benefit, or wage replacement the worker receives while off work, is based on this gross wage and now must include:

Pretax earnings
Bonuses
Tips
Value of any room, board, housing or fuel provided to the worker.
Employerpaid health care benefits for the worker and family.

The timeloss compensation benefit may be 6075 percent of this gross wage up to the maximum monthly benefit, which is based on the state`s average wage. Timeloss is paid if you are unable to work for more than the three days immediately following the date of your injury. The three days immediately following the injury are a waiting period. Even if you try to return to work following your injury, you may receive timeloss benefits for the first three days if you are unable to continue working and are disabled on the 14th day after the injury.

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