Washington and Oregon Workers’ Compensation Attorneys 

How Long Do I Have to File My Washington Workers’ Compensation Claim?

While you should always file your workers’ compensation claim as quickly as possible, under Washington law, you have one year from the date of your work injury to file a claim with Loss and Injury or your self-insured employer and two years from the date of a doctor’s diagnosis for an occupational disease claim to file for workers’ compensation.

How Long Do I Have to File My Oregon Workers’ Compensation Claim?

In Oregon, you only have 90 days to file a claim following an accident. So, you should file your workers' compensation claim as soon as possible after a work-related injury or illness.

Here are the key steps and timelines:

1. Immediate Reporting: Inform your employer about your injury or illness right away. This is crucial for starting the claim process.
2. Form 801: Complete the "Report of Job Injury or Illness" (Form 801) and submit it to your employer. Your employer is required to send this form to their workers' compensation insurance carrier within five days of being notified.
3. Medical Reporting: If you seek medical treatment, inform your doctor that the injury is work-related. Your doctor will help you complete Form 827, which they must send to the insurer within 72 hours of your visit.

Being thorough and timely in these initial steps can greatly affect the success of your claim. Always retain copies of all forms and correspondence, and follow up with your employer and the insurance company to ensure all paperwork has been properly processed. Seeking guidance from a seasoned legal team can provide invaluable assistance, ensuring these steps are correctly followed and documented.

What Workers’ Compensation Benefits Are Available in Washington?

In the state of Washington, the program administrator for workers’ compensation is the Washington State Department of Labor and Industries. Any employer with one or more employees must provide workers’ compensation coverage (with standard exceptions). Employers must cover all reasonable medical treatments related to workplace injuries. Although employees are allowed to choose their own doctor for a first visit, after that, the employer can require the employee to stay in-network.

Temporary total disability benefits are equal to 60-75 percent of the regular monthly wages, depending on the worker's number of dependents and the current average weekly wage in the state ($1,190 as of 2018). Workers must wait three days for benefits, and those benefits will be paid until the worker is able to return to work or has reached “maximum medical improvement.”

Temporary partial disability benefits in Washington are equal to 80 percent of the employee’s pre-injury wages minus post-injury wages. Permanent partial disability benefits will vary according to the severity of the injury (as rated by a qualified doctor). Permanent and totally disabled workers are eligible for a monthly pension, with the amount being dependent on pre-injury wages, the average state wages at the time of your injury, marital status, number of dependent children, Social Security benefits, and health-care benefits. Survivors may also receive a monthly pension at 120 percent of the statewide average wage for the year prior to the award. Domestic partners and spouses are also eligible for a one-time immediate death and burial benefit.

In addition to these core benefits, Washington also provides retraining programs for those who are unable to return to their previous job due to the severity of their injuries. These programs focus on equipping workers with skills needed for alternate employment, aiming to facilitate their reintegration into the workforce. Legal professionals can assist in navigating these benefits, ensuring that all eligible support options are fully utilized.