If you suffer a work-related injury or illness that requires treatment, you are eligible to receive benefits from the state workers compensation program. Workers compensation laws provide money to pay for medical expenses and to replace lost income. You are not required to prove that the injuries were caused by negligence of the employer in order to recover under the workers compensation laws. The fact that you may have been negligent does not normally prevent you from receiving benefits. However, the benefits under these laws are limited.

In general, injuries resulting from employee intoxication or the use of illegal drugs are not covered by workers compensation. There are other situations in which workers compensation will not pay medical expenses or lost wages. They include self-inflicted injuries, injuries suffered while a worker was committing a serious crime, and injuries suffered while an employee was not on the job.

Filing a workers compensation claim is easy and it does not involve suing your employer. The physician who treated you must report the industrial injury to the Department of Labor and Industries which administers the workers compensation law. However, you should make certain a claim is filed. If your employer is self-insured, a special form is needed. Otherwise, the state form is filled out by you and the doctor. If accepted, the doctor’s fees and any disability payments are paid according to a fee schedule set by the state. If you are temporarily unable to work due to the injury, you will begin receiving checks to cover your wage loss. The payments typically begin within two weeks after your claim is approved.

If your workers compensation claim is denied or benefits are denied or not calculated correctly or denied, then you have the right to appeal or protest the decision. You are allowed to research and organize your documentation and you can present your own case. However, it would normally be in your best interest to hire a lawyer who specializes in workers compensation law, rather than trying to handle an appeal on your own. There are time limits and procedure requirements which must be dealt with. Formal Rules of Evidence apply. It is dangerous to do this without the help of an attorney.

You should get immediate medical care if your work-related injury or illness requires it. You should then file a claim. Washington has a statute of limitations on workers injury cases; one year from the date of injury. You must report your claim within the time limit or the claim will be lost forever. After your claim has been processed, all the medical care pertaining to your illness or injury will be paid for and there is almost no limitation on this coverage. If you are unable to work, you are entitled to disability payments to make up for lost wages. Time loss benefits start as soon as you have lost three consecutive days of work.