Common
Questions Concerning Workers' Compensation
To schedule a free consultation with the professionals at Putnam Lieb, please call 1-800-225-4529
Q. How can an experienced attorney
assist in handling my claim?
A. There are literally
hundreds of laws and thousands of cases interpreting those laws that
may impact your entitlement to benefits. An experienced legal team
like Putnam
Lieb is essential to getting the benefits you deserve. Choosing to "go it
alone" without the assistance of legal counsel usually ends up in
frustration, anger - and worse - a
delay or complete loss of benefits you could have received. Being
injured, losing your income, your quality of life means profound and
often overwhelming challenges.
Your focus should be on healing, not on fighting with an unresponsive
bureaucracy prone to delays - and even mistakes. At Putnam Lieb, we
help take the insult out of injury.
Q. If I am injured at or as a result of my
work, can I sue my employer or a co-worker?
A. No, except in very limited circumstances. Under all
workers' compensation systems, employers and co-workers have what is
called "immunity" from legal action based on
their fault or negligence in the workplace. Similarly, your own fault or
negligence will not affect your right to recover workers'
compensation benefits. This "no fault" system
was created jointly, decades ago, by business and labor interests to
allow the worker to receive benefits quickly and without any initial
dispute over who was to blame for
your accident.
Q. If someone other than my employer or
co-worker was responsible for my injuries, can I sue them?
A. Yes. If a party other than your employer or a co-worker -
in other words, a third party - causes your injuries, you may be
able to file a civil suit for damages in addition to
recovering workers' compensation benefits. Such a third party might be,
the driver of the other vehicle in an on-the-job auto accident, or
the manufacturer or supplier of a
defective product or machine. The legal team at Putnam Lieb has
successfully represented many clients filing third-party suits.
Q. What's the benefit of suing such a
third party?
A. Your recovery of damages in a civil suit is
potentially much greater than that obtainable under the workers'
compensation system in which benefits are limited by law. The
impacts of an injury on the job are often life changing and can last a
lifetime. We aggressively pursue awards for our clients when a third
party is partially or wholly
responsible for your injury so you have the resources to restore your
life to the best extent possible.
Q. How long am I entitled to receive
treatment for injuries?
A. Medical treatment is covered until the conditions
resulting from your injuries are judged by medical opinion to have
stabilized. The Department of Labor & Industries (L&I)
or your employer is entitled to obtain periodic medical evaluations of
you to determine whether further treatment will likely improve your
condition. Disputes frequently arise
over treatment issues because of conflicting medical opinions, and legal
representation by experienced professionals can often help to
resolve such conflicts to your benefit.
Q. What determines the amount of
compensation I receive in my claim?
A. The amount of time-loss compensation you receive is
established by law, and is determined by your wages at the time of
injury. You are paid a percentage of those
wages (60%, up to a maximum amount set by law) with additional
percentages for spouse and dependents. Compensation for permanent
physical or mental impairment is
paid based on a schedule of benefits in effect on the date of your injury
or when your occupational condition arises. There is no award for
pain and suffering or lost wages
under the Washington State Workers' Compensation system. However, awards
for pain and suffering may be sought in a lawsuit against third
parties responsible for your
injuries.
Q. If permanent partial disabilities are
paid strictly according to a schedule of benefits, why would I need
an attorney to negotiate for me?
A. Decisions about the nature of your disabilities are made
by physicians, who must interpret some rather ambiguous regulations.
Their opinions frequently differ greatly.
This is particularly the case when L&I or a self-insured employer has you
examined by a panel of physicians. These panels are often made up of
semi-retired doctors
performing many evaluations every month. Their assessment of your degree
of impairment may be significantly different than your personal
doctor's. Putnam Lieb is
experienced in ensuring that you are fairly evaluated by qualified
physicians so that you receive the highest level of benefits
possible.
Q. Once I receive an award for permanent disability, do I have
any right to further benefits in my claim?
A. Yes. Under the Industrial Insurance Act, you can apply
for additional treatment at any time within seven years from the
date your claim was first closed. After that seven
year period, any reopening is at the discretion of the Director of L&I.
And you may apply for other benefits such as time-loss or permanent
partial disability benefits. In order
to reopen your claim, you must have medical proof that your condition has
worsened or has become aggravated and that the condition is caused
by your original injury. To
ensure you receive the care you need, call Putnam Lieb for assistance.
Q. How long will it take to resolve my
claim?
A. Because of the many avenues of appeal available to both the
injured and the state, it is impossible to estimate the time it
takes to resolve a claim. It can range from a few
months to several years, or more. Your best chance of expediting your
claim comes with the experienced guidance of legal counsel. Putnam
Lieb has managed over 10,000
cases for clients. We understand the system and how to get around hurdles
that slow it down.
Q. What causes the lengthy delays in the claim process?
A. Over 200,000 claims are received by L&I each year.
This sheer volume naturally leads to delay and confusion. And any
time you are dealing with a large government
bureaucracy, delays are inevitable. Our staff is adept and experienced at
navigating the system and helping expedite claims so you can focus
on your physical and financial
recovery.
Q. What can I expect in the way of job retraining if I can't return
to my former line of work?
A. Unfortunately, in 1985, the legislature abolished most of
the laws and regulations which authorized - and in some cases
mandated - meaningful vocational rehabilitation.
Now, it must merely be demonstrated that you have the physical capacity,
and the education, training and aptitude to return to some form of
employment available in the
general area where you live. This can include minimum wage work. Neither
L&I nor your employer is obligated to place you in any job. They
only need to show that actual
employment opportunities are available. As a general rule, only the most
severe injuries with the greatest potential impact upon a worker's
future employment prospects
result in actual schooling or retraining. However, the professionals at
Putnam Lieb go the extra mile to position you with the highest
claims possible and the best chance of
getting job retraining benefits.
Q. What if I am permanently unable to return to any type of work?
A. You may qualify for total permanent
disability - a pension - under the Industrial Insurance laws. You
must prove there is no form of employment that you can obtain and
perform on a continuous basis. These claims are usually strenuously
contested by L&I. Cases involving contentions of total permanent
disability usually involve the careful
presentation of medical and vocational proof, almost always best
accomplished by a legal team like Putnam Lieb, experienced in
Industrial Insurance law.
Q. How do I contest an action by L&I or
self-insured employer I feel is wrong?
A. Any protest or appeal must be supported by medical or
vocational evidence, and in the appeal process, L&I or a
self-insurer is represented by legal counsel. Experienced
legal counsel for the injured worker is essential in an appeal. You'll be
well represented with the legal team at Putnam Lieb.Q.
If I am unable to work because of my injuries,
can I receive both workers' compensation and Social Security disability
benefits?
Q. If I am unable to work because of
my injuries, can I receive both workers' compensation and Social
Security disability benefits?
A.
Yes, in certain circumstances. To qualify for Social Security
benefits, you must be unable to work for 12 continuous months before
benefits are payable. Also, the
standards of proof for Social Security disability are different from
workers' compensation. If you qualify for both benefits, there is a
maximum amount you can receive in total
benefits under both systems. Call Putnam Lieb to find out how the
limitations may affect you.
To schedule a free consultation with the professionals at Putnam Lieb, please call 1-800-225-4529
