Injured Worker? What You Need to Know (2024)

Workers' compensation pays for medical care for work-related injuries or illnesses. If your worker is unable to work after their injury, they may also be eligible for a portion of their lost wages. Most importantly, we can help you coordinate a safe and timely return to work for your worker.

Workers injured in Washington have the right to file a claim with us, and we will determine if they are under Washington coverage. If you bring workers into Washington, see Out-of-state workers coming into Washington.

Washington workers don’t lose their right to benefits when they travel for work. Your Washington workers should file their claims with us, no matter where they are injured, see Out-of-State Injured Workers.

Even before a claim is filed, there are 2 very important things to do immediately. See Get Your Worker Medical Help and Next Steps tabs.

Get your worker medical help

Make sure you have first aid available at your workplace

Many falls, cuts, and sprains can become serious injuries if they aren’t treated. All employers in Washington are required to provide a first-aid kit. If further treatment is necessary, send your worker to the emergency room or health care provider of their choice and make sure they tell the doctor they were injured at work.

Important: Employers by law must report to L&I the death or in-patient hospitalization of any worker (within 8 hours) and any non-hospitalized amputation or loss of eye (within 24 hours) due to an on-the-job injury by calling 1-800-423-7233.

Get your worker medical help

Emergency medical care

Call 911 immediately if there's an emergency on-the-job injury. L&I will pay for the first medical appointment and an ambulance, if needed.

Non-emergency medical care

Encourage your employee to get medical treatment even if the injury doesn't require emergency care. L&I will pay for the initial visit for any on-the-job injury.

What to expect from your worker’s medical provider

The doctor will:

  • Certify whether your worker’s injury is work-related
  • Help your worker file a workers’ compensation claim
  • Work with your worker to decide when they can return to work
  • Recommend any further treatment they may need

You may contact the medical provider after they treat your worker to request information about work restrictions. For workers’ compensation claims and related medical records, you have the right to contact the medical provider directly.

If your worker needs medical care after the first visit

For your worker’s second visit and beyond, your worker will need to see a provider in our network. If their regular health care provider is not in our network, your worker may choose a new one with our Find a Doctor lookup tool.

Your worker has the right to choose their doctor and also to decide who, if anyone, they want to accompany them to the doctor. Your worker has the right to decline to have the company nurse or any employer representative accompany them to the hospital, doctor, or any other medical visit.

You cannot:

  • Discourage a worker from filing a claim, or seeking medical attention.
  • Pay for the worker’s medical treatment yourself instead of filing a claim with L&I.
  • Discriminate or retaliate against your worker for filing a claim.

You may protest a claim you believe was filed in error or if the worker is not your worker. Go to Protest or Appeal a Claim Decision to understand your protest and appeal rights as an employer

Next steps

Before the claim is filed

  • Make sure your worker receives prompt medical attention
  • Keep your workers safe and away from any hazards
  • Document how the injury happened
    • Interview witnesses
    • Take photographs
    • Keep a written record
  • Plan ahead if you will be using our Return to Work and Stay at Work programs to help your worker heal and return to work faster and potentially reduce the impact of a claim on your account.
    • Check out these programs at Employer Incentives and Help Your Employee Return to Work
    • Have a light duty job description ready for the worker to give to the medical provider for approval
    • Be sure to let us know if you plan on keeping the worker on salary

After the claim is filed

  • Complete the employer section of the report of accident either by mail or online at File Employer's Report of Accident. Make sure to include:
    • Accurate wage information
    • Where the injury happened
    • The last day your worker was able to work their regular job duties
    • If you intend to protest this claim
  • Stay involved in your worker's claim. You are an interested party in the claim and have access to any and all documents related to this injury.
    • Open and read any mail you receive regarding this claim, some types of mail called “orders” have strict deadlines on when we must receive information or a protest.
      • Understand your protest and appeal rights by going to Protest or Appeal a Claim Decision
    • As an employer, you must only share workers’ compensation claim information with people who are authorized. Revealing of a worker’s mental health condition(s) or treatment to unauthorized people can result in a $1,000 fine per occurrence. For more information go to: Lni.wa.gov/MentalHealthPrivacyEmployers
  • Use the Claim & Account Center to help you:
    • Check the status of your worker's claim
    • Send your worker's claim manager secure messages
    • Sign up for e-correspondence to decrease paper copies of claim mail
My worker can’t do their regular job due to their injury

If your worker has job restrictions, their medical provider will explain them on the Activity Prescription Form (F242 385 000).

If your worker can't do their regular job while recovering, you may offer transitional or light-duty work within their medical restrictions. This can make it easier for them to get back to their original work and help lessen the impact of a claim.

  • Look for return-to-work opportunities with light-duty work, if medically approved
    • This can help speed the worker's recovery, while keeping claim costs down for you
  • Check out our Stay at Work program
    • You may be eligible for reimbursem*nts for some of your worker's base wages and expenses such as training and tools related to the light-duty work
The injury wasn’t my fault

Washington is a no-fault state. L&I will cover an allowable claim for a workplace injury regardless of who is at fault. This rule also applies to self-insured employers.

My worker was the victim of a crime

If your worker was a victim of a crime at work, they may also file an additional claim with our Crime Victims Compensation Program. Go to Apply for Crime Victim Benefits.

What else do I need to know?

Often a claim is the first time an employer comes to our website and L&I has a lot of resources to help your business. Here is an overview of some of the sections that may be relevant to you.

Claims

This is the section you are currently in and it will cover what you need to know about the claims process; what to do when you have an injured worker, your rights as an employer, how to file the employer report of accident, and what steps you can take if you disagree with a decision L&I makes about a claim. It also provides resources for your worker on how to file and what claim benefits they may be entitled to. For information see the Benefits for Your Workers tab.

Insurance requirements

Did you know that all workers in Washington state are considered covered by workers’ compensation unless they fit very strict definitions for exclusion? Visit the insurance requirements section to understand your responsibilities as an employer, who’s a covered worker, and if your industry has specific requirements. Do I Need a Workers' Comp Account?

Quarterly reports

If you file your quarterly report on our website this section might be familiar to you. In this section you will also find due dates for quarterly filing, penalties and interest for filing late, and special reporting rules for some industries. File Quarterly Reports

Rates & risk classes

Have questions about what a risk class is? What your rate is? Or how to lower your rates? This section helps you understand the basics of risk classes and rates. Rates For Workers' Compensation

Workers’ rights

Workers in Washington have specific rights regarding wages and hours worked, protections from discrimination, and leave or benefits. This section includes special rights for teen workers, and for certain industries such as agriculture. Workers' Rights

Safety & health

Employers have a responsibility to provide a safe workplace for their workers and we have a lot of resources to help you make sure your workplace and your equipment are safe. We can also help you develop training materials for your workers.

Training opportunities

Attend one of our workshops or sign up for a webinar to learn more about our programs and your responsibilities.

Will this impact my rates?

Not every claim will impact your rates. A claim where a worker receives only medical care, does not miss time from work, and the injury doesn't result in a permanent disability, is unlikely to affect your rates. Go to Claim-Free Discount for more information on medical-only claims.

When will a claim impact my rates?
Go to experience rating to understand how and when a claim will impact your rates.

Benefits for your workers

Go to the Injured workers: Claim Benefits for more detailed information on these topics.

Wage replacement

If your worker misses time from work and their doctor certifies they are unable to work, L&I may pay for a portion of their lost wages, which is called "time‑loss compensation." However, the first 3 days immediately following the worker’s injury are considered a waiting period. They will only receive benefits for those days if the worker is off work on the 14th day after their injury.

Medical benefits

Your worker’s first visit to a doctor for a specific workplace injury is covered even if their claim is not approved. If the workers’ compensation claim is approved L&I will cover medical bills directly related to your worker's injury until their doctor certifies the injury has stabilized and reached a point where further recovery isn't expected.

Travel reimbursem*nt

An injured worker’s travel expenses will only be reimbursed by meeting these requirements:

  • Reimbursem*nt is preauthorized by the worker’s claim manager
  • The provider is further than 15 miles one-way from the worker’s home (30 miles round trip)
  • There are no providers within 15 miles of the worker’s home that could treat their condition
  • The Travel Reimbursem*nt Request is complete, including a copy of all expense receipts

Travel reimbursem*nt may also include parking over $10, tolls, and some other travel expenses.

Property reimbursem*nt

An injured worker may be reimbursed for personal property lost or damaged during a workplace accident. To get reimbursed, they must complete and submit the Statement for Miscellaneous Services.

Property reimbursem*nt coverage is limited to the following:

  • Prescription eye glasses or contacts
  • Clothing
  • Shoes or boots
  • Personal protective equipment

Permanent partial disability

An injured worker may receive a permanent partial disability (PPD) award if:

  • The injured worker has completed treatment and is still able to work but has suffered a permanent loss of function
  • A qualified doctor provides L&I with a PPD rating. Go to RCW 51.32.080 (leg.wa.gov) to find out more.

Wage replacement and medical benefits will end after the injured worker receives a disability award unless the claim is reopened.

Pension

An injured worker may receive a monthly pension if:

  • They are certified as permanently and totally disabled before L&I closes the claim
  • The medical and vocational evidence finds that their injury prevents them from becoming gainfully employed, or they have lost the use of both legs, both arms, an arm and a leg, or their vision.

Settle a claim

One option to resolve your claim is with a structured settlement. This is when you, L&I, and your worker agree to resolve all future benefits, except medical, for a sum of money.

You may initiatestructured settlement discussions for an eligible worker's claim by filing an application with L&I. However, structured settlements are voluntary, and the decision on whether to enter into a discussion or settlement is up to the worker and L&I.

Vocational rehabilitation

If an injured worker qualifies for vocational retraining, their vocational rehabilitation counselor (VRC) will explain the vocational process to them. The VRC will work with the worker to develop a retraining plan aimed at helping them return to work.

Injured Worker? What You Need to Know (2024)

FAQs

Injured Worker? What You Need to Know? ›

When a workplace accident or occupational exposure occurs, the injured worker should be offered prompt medical treatment. Employers should keep in mind that providing medical coverage is not considered an admission of liability (N.J.S.A. 34:15-15).

What is the first thing that must be done when a worker is injured? ›

When an employee is injured, they should immediately tell their employer or supervisor when, where and how the injury happened, and get medical treatment. The treating health care provider must be authorized by the Workers' Compensation Board, except in an emergency.

What are the steps you follow when a worker is injured? ›

7 Immediate Steps to Take After an Injury
  • Care for the injured employee. ...
  • Notify management and other team members. ...
  • Secure the scene. ...
  • Complete the incident report. ...
  • Implement safety protocols. ...
  • Establish a return-to-work program. ...
  • Follow up with your employee.

What is the employer's responsibility when a worker is injured? ›

The employer shall: Assure that first aid is administered for minor injuries or arrange medical treatment by an employer selected physician or the employee's pre-designated physician when necessary. For extreme emergency get the injured to any available doctor, hospital, or public medical service.

What steps should an employee take if they have been injured on the job? ›

If it's an emergency, call 911 or go to an emergency room right away. Tell the medical staff that your injury or illness is job-related. If you can safely do so, contact your employer for further instructions. If you don't need emergency treatment, make sure you get first aid and see a doctor if necessary.

What are the first 3 things to check on an injured person? ›

The 3 priorities when dealing with a casualty are commonly referred to as ABC, which stands for:
  • Airway.
  • Breathing.
  • Circulation.

How long does an employee have to report an injury to OSHA? ›

All employers are required to notify OSHA when an employee is killed on the job or suffers a work-related hospitalization, amputation, or loss of an eye. A fatality must be reported within 8 hours. An in-patient hospitalization, amputation, or eye loss must be reported within 24 hours.

How should employers respond to workplace injuries? ›

Your first priority should be getting first aid or emergency medical attention (if the injury is severe) for your injured employee. If necessary, you should also contain the situation and/or evacuate other employees to prevent additional injury.

What injuries should be reported to employer? ›

Any work-related injury or illness that results in loss of consciousness, days away from work, restricted work, or transfer to another job. Any work-related injury or illness requiring medical treatment beyond first aid.

Do employers have a duty to the risk of injury? ›

Risk assessments

Your employer has a 'duty of care' to make sure, as far as possible, your health, safety and welfare while you're at work. They should start with a risk assessment to spot possible health and safety hazards.

How do you get paid when injured? ›

After being injured at work, you have the right to seek benefits from your employer's workers' compensation insurance. While workers' comp may not pay the full amount you were making before, it should cover a portion of your weekly pay, and you may be able to seek higher compensation through a settlement.

What steps should you take if someone gets injured? ›

The first important thing you should do to help an injured person is call 911. Do not worsen the injury. The person should not be moved unless he or she is at risk of being further hurt. Apply gentle pressure to stop any bleeding.

What is the first thing a supervisor should do when an injury is reported? ›

Let's uncover the main steps that employers should follow:
  • #1 Get Medical Treatment Immediately. ...
  • #2 Always Report the Injury to Your Workers' Compensation Carrier. ...
  • #3 Accidents and Injuries Must Be Reported within 24 Hours. ...
  • #4 Give Information to the Clinic to Treat an Injured Worker.
Apr 23, 2024

What is the first thing you should do when someone is seriously injured? ›

Remember to call 911 as soon as possible. Then, move the injured away from any remaining danger, and then, do anything within your ability to keep them alive: apply pressure to stop bleeding, reposition them to help them breath, talk to them and provide comfort if they are conscious.

What is the first thing to do when treating an injury? ›

First aid for sprains, strains and joint injuries
  1. Rest – keep the injured area supported and avoid using for 48-72 hours.
  2. Ice – apply ice to the injured area for 20 minutes every two hours for the first 48-72 hours.
  3. Compression – apply a firm elastic bandage over the area, extending above and below the painful site.

What is the first step in the injury process? ›

REST AND ICE. After assessing your injury, the very first step is to take it easy and rest the affected area for at least a few days. The resting stage can perfectly coincide with the period of time that you set up an appointment with a physical therapist.

What is the first treatment given to an injured person? ›

First aid serves as immediate care or assistance given to an injured person to prevent escalation of injury. It prevents any injury from getting worse before getting any medical help or consultation.

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