How do you file an L&I claim when injured on the job?
- Notify your employer right away.
- If you need medical care, go to the E.R. or Urgent Care to get checked out.
- File a Report of Accident Form. You can find the form here for Washington State: https://www.lni.wa.gov/claims/for-medical-providers/filing-claims/filling-out-the-report-of-accident
- After filling out the Report of Accident Form, follow your doctor's advice if you need to stay home because of your injury.
- Contact an attorney for help. There will be a lot of paperwork. You will be in pain and you may not be able to concentrate to fill it out or keep track of it. That is why you hire an attorney to help you navigate the process.
What is an injury?
According to Washington State, an injury means, “a sudden and tangible happening, of a traumatic nature, producing an immediate or prompt result, and occurring from without, and such physical conditions as result therefrom.” RCW 51.08.100
For more information regarding Industrial Insurance, please see RCW 51. For more information on Department of Labor and Industries, please see RCW 43.22.
Can I sue my employer if I am injured at work?
Normally, an injured worker cannot sue his/her employer and co-worker when injured on the job in Washington State.
There are three exceptions to this rule:
- Intentional Injury
- Non L&I Claim
- Temporary Agency Employee
The exception to the rule is that you can sue your employer if he/she intentionally injured you on the job. RCW 51.24.020 goes into detail about this. It is not easy to prove. The case law requires:
- The employer have actual, certain knowledge that the injury would occur; and
- The employer willfully disregards that knowledge.
If a coworker or employer throws a punch at you, that is intentional and you will have a valid L&I claim.
When you establish an L&I claim, L&I will pay for:
- Medical Bills
- Transportation to and from Doctors visits (must be over 30 miles)
- Time loss every two weeks
- Retraining for a different job if you cannot go back to your old job
- Travel for medical doctors if not in your area