Injured on the Job? Navigating L&I and Finding Legal Research Resources
Getting hurt while working is a common experience. The federal Bureau of Labor Statistics reports American private industry workers experienced 2.6 million nonfatal workplace injuries and illnesses in 2021. Workplace injuries and illnesses increased from 2020 levels in the retail trade and transportation and warehousing sectors. They decreased in the healthcare and social assistance sector (largely due to a decrease in reported respiratory illnesses which include COVID-19). Despite the drop in illnesses, healthcare and social assistance workers continue to have the highest number of injuries and illnesses with 623,000 of the total 2.6 million.
Between 1911, when Wisconsin enacted the first workers’ compensation statute, and 1948, when Mississippi was the final state to enact one, the American states enacted laws based on a Prussian-English no-fault insurance model. Washington (Laws of 1911, Ch. 74) and a number of other states joined Wisconsin in adding workers compensation statutes in 1911. Workers who are injured or become ill due to their job receive benefits without having to prove that the employer was negligent. Employee benefits are limited to some compensation for lost wages, the cost of medical treatment, disability payments, and payment for vocational rehabilitation retraining. Employers pay into an insurance system which covers these benefits.
Washington titles its workers’ compensation statutes as “Industrial Insurance.” You can find the Industrial Insurance statutes at RCW 51. RCW 51.28 addresses employee compensation claims and the employer’s duty to report workplace injury and illness. RCW 51.32 outlines compensation and RCW 51.36 outlines medical aid. Additionally, RCW 51.14 addresses self-insurers and RCW 51.48 sets out program penalties. The Washington State Department of Labor and Industries (often abbreviated as L&I or LNI) manages workers compensation and its regulations are found in Title 296 of the Washington Administrative Code (WAC).
If you are injured at work, L&I cautions employees that “there are two very important things to do immediately: get medical help, and tell your employer.” Let your healthcare provider know that you were injured at work. They should certify that the injury is work-related and help you file a workers’ compensation claim, including determining an initial return to work date and recommending any further medical treatment. L&I warns that their network providers must be used for care beyond the first visit and they have a provider finding tool. They note:
You may choose any doctor who is qualified to treat your injury, as long as they are in our network. You also may get a second medical opinion if your claim manager approves it. You can change providers at any time and/or communicate with your claim manager via our online portal, My L&I.
Additionally, L&I warns injured workers against employers pressuring them to see a particular doctor or sending someone with the employee to their appointment. L&I states that employees have the right to choose their own doctor and decide who goes with them to visits including the “right to decline to have the company nurse or any employer representative accompany you to the hospital, doctor, or any other medical visit.” They conclude by assuring that “[y]our employer can’t discriminate or retaliate against you” and to contact the agency with questions.
L&I also provides some advice for employees about telling their employer of injuries or illnesses that happen at work. Employers should make sure that employees get prompt medical attention, complete the employer section of the accident report form, and look for return-to-work opportunities with light-duty work, if medically approved. L&I notes that:
Your employer has the right to access your claim file, including mental health information. An employer can only reveal your mental health condition(s) or treatment to people who are authorized to access the information.
You can find mental health confidentiality information and a Mental Health Privacy Complaint Form at the L&I website. A Workers’ Compensation Claims Suppression Complaint Form can be submitted if a worker believes their employer is discouraging them from filing a claim. It is unlawful for employers to retaliate against an employee for filing a workers’ compensation claim. Find an Industrial Insurance Discrimination Complaint Form here.
Some employers in Washington choose to self-insure rather than get coverage through the state industrial insurance fund. These employers provide workers’ compensation benefits directly to their employees. Workers of self-insured employers have the same benefits rights as other employees in Washington, but injury claims are filed directly with the employer. Self-insurance considerations are covered at the L&I and Office of the Ombuds for Self-Insured Workers websites.
We have compiled some helpful resources here for injured workers needing a list of resources or assistance beyond the information available at the L&I website:
Claims and Legal Assistance
Project HELP (information and resources, as well as non-attorney assistance through their website form or hotline, 1–800–255–9752)
Washington LawHelp’s Find Legal Help
Washington State Bar Association’s Find Legal Help
Legal Voice’s How to Find a Lawyer and Other Legal Resources in WA State
Legal Aid in Washington State — Its History, How it Works, and Where to Find it
Washington State Bar Association Legal Directory (search by location and “Workers’ Compensation” practice area)
Protests and Appeals
L&I’s Protest or Appeal a Claim Decision
Board of Industrial Insurance Appeals
Library Resources
Workers’ Compensation and Employee Protection Laws in a Nutshell (print, eBook with library account)
Larson’s Workers’ Compensation Law (print, eBook with library account)
Employment Law (print, Westlaw)
Your Rights in the Workplace (print)
Workers’ Compensation Guide (Westlaw)
Modern Workers’ Compensation (Westlaw)
Employment in Washington: A Guide to Employment Laws, Regulations, and Practices (print, eBook with library account)
Additional Publications
L&I Self-Insurance Forms and Publications
Northwest Justice Project’s Work Injuries and Your Rights
Please contact the Washington State Law Library with your workers’ compensation questions and we can point you to the best resources for your situation. We can be reached by phone at 360–357–2136 or email at library.requests@courts.wa.gov. Our Research Room is open from 9am to 4pm, Monday through Friday. Click here to plan your visit today. (RM).
