Sherin is a content and copywriter from Texas who specializes in writing for the legal tech, fintech, martech and cybersecurity sectors. She leverages the power of words to help meaningful brands inspire, inform and connect with their audience through impactful content.
Sherin Mamachen
Sherin is a content and copywriter from Texas who specializes in writing for the legal tech, fintech, martech and cybersecurity sectors. She leverages the power of words to help meaningful brands inspire, inform and connect with their audience through impactful content.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Reviewed
Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
In Seattle’s workplaces, on-the-job injuries have become a commonplace issue. In 2022, Washington’s private industry employers reported 89,600 nonfatal injuries and illnesses. These—often preventable—incidents burden individuals with challenges such as exorbitant medical bills and time away from work.
If you suffer an injury at work, you can seek compensation for medical expenses, lost wages and other related losses. This article introduces the top workers’ comp lawyers in Seattle, offers insights into the benefits you’re eligible for and guides you through the claim application process.
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Show Summary
- Best Seattle, WA Workers’ Compensation Attorneys
- Compare Top Seattle Workers’ Compensation Attorneys
- Workers’ Compensation Laws in Washington
- How Can an Attorney Help You in Seattle?
- How to Choose the Best Workers’ Compensation Lawyer in Seattle, WA
- Methodology for Finding the Best Seattle Workers’ Compensation Attorney
- Frequently Asked Questions (FAQs)
Best Seattle, WA Workers’ Compensation Attorneys
Compare Top Seattle Workers’ Compensation Attorneys
Workers’ Compensation Laws in Washington
Washington operates on a no-fault policy for workers’ comp claims, which means that regardless of who is at fault, the injured worker is entitled to compensation if the injury happened while on the job.
Most employers in Washington must provide workers’ comp coverage to their employees. Although this coverage bars employees from suing their employer if workplace injuries happen, it also gives them financial assistance during recovery. Employers in Washington can acquire coverage through the Department of Labor and Industries (L and I), or if they’re financially stable, they may be eligible for self-insurance.
In the sections before, you’ll learn the different benefits you can obtain through a workers’ comp claim, how to file for benefits and how a Seattle workers’ comp lawyer can help you in this process.
Who Is Protected By Workers’ Compensation Laws in Seattle, WA?
Workers’ compensation in Seattle offers a vital safety net for employees. But knowing its scope is important. Here’s a breakdown of who is covered by workers’ compensation:
- Employees. This includes part-time and full-time employees.
- Minors. Those under 18 are covered, even working in a family-owned business.
- Independent contractors. They are covered only if the services they render under the contract are what your business normally provides. For example, a graphic design company that hires an independent contractor who is also a graphic designer to work on a project needs to provide workers’ compensation coverage for that contractor.
- Out-of-state workers. Washington workers who are temporarily sent to another state for work are covered under Washington’s workers’ compensation as long as the work doesn’t fall under federal jurisdiction, such as maritime-related activities and building or repairing commercial vehicles.
Who is excluded from Workers’ Compensation Coverage in WA?
Some groups of workers are excluded from mandatory Workers’ compensation in Washington State. These include:
- Domestic workers. Individuals working in a private home for domestic help, gardening, maintenance or repair. Coverage is required only if two or more are employed regularly for 40 or more hours a week or if an individual is hired for home improvements or upgrades.
- Casual labor. Individuals hired to perform personal errands or chores for an employer that benefit the employer personally but are not related to the employer’s business or trade.
- Religious or charitable workers. Individuals working only for assistance or support from a religious or charity.
- Minors on family farms. Those under 18 who perform agricultural activities on the family farm.
- Jockeys. Those working on horses for race meets are licensed by the WA Horse Racing Commission.
- Musicians or entertainers. If the primary business is not entertainment and if they don’t work regularly for the business.
- Independent contractors. This includes newspaper carriers, insurance producers, cosmetologists, beauticians, barbers who rent booth space, commercial transportation drivers and for-hire vehicle operators who own or lease their vehicles. Freelance journalists are also excluded if paid per piece and use their own equipment.
- Business owners and corporate officers. Individuals who own and control a business are typically excluded. However this exclusion is limited to certain owners and depends on their level of control in the business.
- Student volunteers and interns. Students working as unpaid volunteers or interns through public and private K-12 and higher educational institutions are not automatically covered by workers’ compensation in Washington. However, the organizations they work for can choose to provide this coverage independently.
Workers’ Rights Under Seattle, WA Workers’ Comp Laws
Under Washington’s workers’ compensation laws, individuals are entitled to a range of key rights. These include:
- Medical benefits. Your medical expenses like hospital stays, ambulance rides, surgeries and medications will be covered under workers’ comp as long as they’re approved. You will also be reimbursed for assistive devices like hearing aids or walkers.
- Right to choose a doctor. For your initial visit, you can select your own healthcare provider. However, for ongoing care, you must be treated by a physician within the L and I medical network. But, out-of-state care can be provided by non-network medical providers.
- Wage replacement. If you’re unable to work due to a work-related illness or injury, you’re eligible to receive 60% to 75% of your missed income. Wage replacement benefits kick in if you’re off work for more than three days following your injury.
- Vocational rehabilitation. If your injury prevents you from returning to your previous job, you may qualify for vocational benefits. These benefits include training programs to help you gain new skills for employability.
- Permanent disability compensation. If your injury results in a permanent loss of bodily function, you are entitled to a permanent partial disability award. This award is based on the degree of impairment, not your ability to work and continues even if you return to work.
- Total permanent disability. In cases of total loss or paralysis of both arms or legs, one arm and one leg or complete loss of eyesight, you will receive a monthly pension payment, regardless of your ability to continue working.
- Suvivor benefits. If a worker dies due to a workplace incident, the surviving spouse and dependent children are eligible for a monthly pension.
- No discrimination. Your employer cannot retaliate against you for filing a workers’ compensation claim. If you face discrimination, you can file a complaint with L and I Investigations within 90 days of the incident.
- Access to files. You can request a copy of your claim file from your employer. This request must be made in writing, and your employer has 15 days to comply.
- Requesting penalty. If there’s a delay in receiving benefits, you can ask L and I to review if a penalty should be imposed on your employer. If approved, your employer may have to pay $500 or 25% of the delayed benefit, whichever is greater.
Filing Process for Workers’ Compensation in Seattle, WA
Your response following a workplace injury or illness can impact the outcome of your workers’ compensation claim. Here’s what you need to do to file a claim in Seattle:
Get Medical Help
Washington workplaces are mandated to keep a first-aid kit on the premises. If you suffer severe injuries beyond first aid’s scope, seek immediate care at an emergency room or from a healthcare provider of your choice. Make sure to inform them that the injury occurred at work. Your doctor will certify the work-related nature of your injury and assist with filling out a Report of Accident (ROA), which officially starts the claims process.
They will also assess your medical fitness to return to work and advise on any further treatment you may need. You’ll need to see a provider within the L and I network for any follow-up medical care.
Inform Your Employer
Report the injury or illness to your employer right away. They will complete their part of the accident report and may arrange light-duty work for your return if medically approved.
File a Claim
If you work for a self-insured employer, you’d have to file a claim with them through contacting their personnel department.
You’d need the following information to do so:
- Your doctor’s full name and the name of the healthcare facility where you’re receiving treatment
- Where did your injury happen
- Contact information of any witnesses you saw your accident
- Employer information
- Income information
If you’re filing a claim with L and I, you can do so through their online FileFast tool or phone. You can also file a claim at your doctor’s office.
If you file the claim at the doctor’s office, you must complete the workers’ section of the ROA. Your doctor will file the form for you—they have five days to send the report to the Department of Labor and Industries (L and I) or your self-insured employer.
Claim Processing
If it is determined that you’re eligible for wage replacement benefits, you will receive your first benefit check within 14 days of the report being received.
As an injured worker, you must file a claim one year from the accident date. But if it is an occupational disease claim, the deadline is two years from your doctor’s diagnosis.
Once filed, the claim will be reviewed by L and I, determining your eligibility for benefits.
In certain cases, your claim manager might authorize an Independent Medical Exam (IME) to understand your impairment better. This examination is conducted by either an L and I-approved doctor or a panel of doctors who will evaluate your condition. L and I will cover the cost of the IME and any related expenses. Not showing up to the exam could affect your benefits.
Workers’ Recovery for Workplace Injuries Beyond Workers’ Comp in Seattle, WA
If your workers’ comp claim is denied or if your work status prevents you from obtaining coverage through Seattle, WA’s workers’ compensation, you still have a few options:
- Appeal or protest the decision. If your claim is denied, you can either protest or appeal the decision. To protest the decision, you must send a letter to L and I or the Board of Industrial Insurance Appeals (BIIA) explaining why you disagree. This must be done within 60 calendar days of receiving the decision (15 days for vocational benefits). You can also appeal the decision to BIIA before or after filing a protest. When filing an appeal, you’ll have to send in writing every decision you’re appealing, along with the reasons for disagreeing.
- Take legal action. While typically, you can’t sue your employer for work-related injuries, there’s an important exception. If you can demonstrate that your employer was aware of a hazardous condition that could lead to injury yet failed to rectify it or properly warn about it, you may have grounds for legal action.
If you’re not covered by workers’ compensation, such as in the case of a freelancer injured due to a client’s negligent actions, you retain the right to file a personal injury lawsuit.
But remember that Washington’s statute of limitations for personal injury lawsuits is three years. This means you have up to three years from your injury or accident to initiate legal action for damages.
How Can an Attorney Help You in Seattle?
Injured employees in Washington often face hurdles when seeking workers’ compensation. These come in the form of bureaucratic delays and denials during a time when you might be battling physical injury and financial strain. A workers’ comp lawyer from Washington can be a vital ally in these situations—they can help you obtain the full extent of benefits you’re entitled to with little to no hassles.
Your workers’ comp attorney can:
- Prepare and strengthen your claim with meticulously completed paperwork, relevant evidence and necessary supporting documents.
- Appeal or protest the decision if your claim is denied or if you’re dissatisfied with the benefits you’re approved for.
- File a claim against any third party if they’re responsible for your injuries.
- Explore other options if your claim is not approved or if the benefits don’t cover all your losses.
- Negotiate settlements or represent you in court if necessary, particularly in cases of employer negligence.
- Manage all interactions with the workers’ compensation insurer, your employer, and any other parties involved in your case.
How to Choose the Best Workers’ Compensation Lawyer in Seattle, WA
If you’re an injured worker in Seattle, you have a wide range of options available when it comes to legal representation. However, choosing which attorney to entrust your case with will require some due diligence. Here are some factors to consider when making your decision:
- Experience in workers’ comp. When choosing a workers’ comp lawyer, consider prioritizing experience in the field. Attorneys have different specialties—some might handle motorcycle accidents, others medical malpractice. For workers’ comp, select someone with a track record in job-related injury cases. This ensures they’re well-versed in the specific laws and regulations of workers’ compensation and adept at securing the benefits you deserve.
- Communication. Effective communication is an integral part of a successful attorney-client relationship. When interacting with a prospective lawyer or firm, pay attention to how quickly they respond to your inquiries and how satisfactory and reassuring their communication is. Timely responses and clarity in communication are strong indicators of your experience with the lawyer moving forward.
- Reviews. Customer reviews on sites like Google Review, Yelp and the social media pages of law firms are a quick way to glean what past clients say about their experience with the facility. However, be wary if all the reviews are overly positive, as the law firm’s marketing team might plant them. On the other hand, while a few negative reviews are normal, many of them can be a red flag.
- Firm size. Consider your specific needs and the nature of your case when deciding on the firm size. A larger firm offers the advantage of multidisciplinary expertise, which is beneficial if your case is complicated and involves factors like third-party negligence, employer retaliation or discrimination. On the other hand, a smaller firm or solo practitioner might offer more personalized service.
Methodology for Finding the Best Seattle Workers’ Compensation Attorney
To come up with the best workers’ comp lawyers in Seattle in 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
How much do workers comp lawyers charge in Seattle?
Workers’ comp lawyers typically operate on a contingency fee basis, meaning their fees are a percentage of the recovered monetary benefits rather than requiring upfront payment.
However, legal limitations are in place regarding how much workers’ comp lawyers can charge:
- Attorney fees for L and I claims are capped at 30% of the benefits secured.
- In claim resolution settlement agreements, the fee is capped at 15% of the total amount paid to the worker after the agreement is finalized.
- If an appeal results in reversing or modifying the initial order, the Board will set a reasonable fee for the attorney’s services.
Can I quit my job while on workers’ comp?
You can resign from your current job while on workers’ compensation benefits. Doing so won’t affect your medical benefits if your doctor determines you still need treatment to recover from injuries. However, your wage replacement benefits will be affected.
Which body part has the highest value in a workers’ compensation claim?
According to the National Council on Compensation Insurance’s (NCCI) Workers Compensation Statistical Plan database, injuries involving the head or central nervous system are the most costly in workers’ compensation claims. On average, these types of injuries amount to $94,285 per claim.
This is followed by neck injuries, which, on average, are valued at $65,659 per claim.
