Category: LNI News (Page 8 of 22)

L&I Interpreter Services: Improvements and Online Systems

Did you know the Department of Labor and Industries (L&I) must provide interpreter services to work injury claimants with limited English skills? To meet this responsibility, L&I requires health care and vocational providers to determine if they need an interpreter. Here, the healthcare or vocational provider must arrange and confirm the interpreter for appointments. Moreover, interpreter must carry a certification and must have an active L&I provider identification.

L&I claim online interpretation services

English is a second language for many people with a workers compensation claim or work injury claim. In fact, there are many work injury claimants that their native language is Spanish, Thai, Russian, Chinese or another common language. Under RCW 39.26.300 enacted in 2018, L&I had to review its interpreter services process. Then, following the review, L&I announced changes to interpreter services starting in Fall 2020. Specifically, L&I will continue to use independent interpreters in some cases. However, L&I is also launching a new online spoken-language interpretation scheduling system.

L&I chose Interpreting-Works to implement and administer the new scheduling system. This new system will improve meaningful access to verbal interpretation services for people with an L&I claim. It will also improve the process for healthcare providers, vocational providers, and interpreters. For example, the system enables providers to arrange for interpreters online using a novel platform. In addition, all online operations are available for both mobile devices and personal computers. Also, other improvements include internal quality assurance measures, which are compliant with the ethical requirements under WAC 388-03-050.

L&I claim interpretation help

L&I says that the new platform is a user friendly. It is a good end-to-end system for managing interpretation services. For interpreters, the new service offers real-time listing of available interpreting jobs by location. With it, interpreters can track job assignments and check in and out of appointments using a simple QR code. Even better, the new system generates electronic invoices to ensure prompt payment for services.

L&I is encouraging interpreters and providers to sign up and enroll with Interpreting-Works. Professional interpreters can sign up by completing an online enrollment form. After completion, one of their staff members will reach out to complete the enrollment process. The entire process only takes two to three business days to complete. Furthermore, it’s important to note that interpreters must have a National Provider Identification (NPI) number. NPIs are 10-digit numbers for identifying specific providers and many providers nationwide use the NPI identification standard. Interpreters who need to get an NPI number can obtain one through the Medicare & Medicaid Services (CMS) website. Also, it’s free to sign-up and receive an NPI number.

Enrollment for providers and online information

Healthcare and vocational providers can pre-enroll with Interpreting-Works. If they do, their account will be ready when the system launches in the Fall. For more information about the new L&I online interpreter scheduling service, visit the L&I FAQ page

L&I Claim Court Decision Prompts Changes to the Stay at Work Program in Washington State

/ L&I attorney / 1 Comment

The Stay at Work (WA-SAW) program in Washington State is an incentive program for employers. The Department of Labor and Industries (L&I) offers this program to help employers save costs. Specifically, the program allows employers to apply for cost reimbursement after a worker or an employee suffers an injury at work. To get reimbursements, the employer must provide temporary light-duty job to workers while they heal from their work injury.

What is the L&I Stay at Work program?

In short, the WA-SAW program helps employers avoid compensable claims. From my perspective, it’s designed purely to offer cost-saving measures to employers. However, it’s a short-sighted program. Practically speaking, it ignores several real-life challenges for work injury claimants. Furthermore, it often causes more long-term harm than good.

In my opinion, one important issue is that L&I exercises very little oversight of employers that take advantage of WA-SAW. Upon returning to work, many work injury clients face hostile work environments and excessive work performance criticism. Many work injury victims report difficulty maintaining treatment schedules resulting in progress setbacks. Yet, these issues are largely overlooked. In fact, work injury claimants are usually blamed and frequently penalized for various issues that arise. For example, when the employer blames the worker after a light duty job is not working out. This situation can result in termination of time loss compensation benefits.

Making the program more fair for people with workers’ compensation claim

L&I recently announced changes to the WA-SAW program following a Court of Appeals decision. Previously, employers could ask for reimbursement back to the date they sent a light duty job description to the L&I claim doctor for consideration. The Court of Appeals ruled this was not appropriate. Now, employers can only ask for reimbursement as of the date the attending provider approves the light-duty job.

Personally, I believe this is a step in the right direction. However, it does not go far enough. In order for employers to be eligible for WA-SAW incentives, the work injury claimant must be: (a) Limited and unable to perform their regular job due to claim related conditions, and (b) Medically released to perform light-duty work by the attending physician. Both the light duty job description and the attending provider approval must be in writing.

Personal perspective

When done the right way and for the right reasons, the WA-SAW program can benefit employers and workers alike. But, from my standpoint, I often see cases where the employer wants to take advantage of WA-SAW by making a light duty job offer. Frequently, employers fail to follow the steps that they need to take, which are necessary to make the offer valid.

The decision by the Court of Appeals is a good step. It helps ensure that employers that follow the rules and provide appropriate job offers enjoy the WA-SAW benefits. Nonetheless, the program still needs a more worker-centric overhaul to make it fair and maximally beneficial to all parties.

L&I Covid-19 Premium Deferral Program and the L&I Accident Fund

/ L&I attorney / 0 Comments

The Department of Labor and Industries (L&I) administers workers’ compensation benefits in Washington State. These include financial benefits such as time-loss compensation, loss of earning power, work injury pension, and more. Payments come from the L&I accident fund. Furthermore, benefits include medical treatment, evaluation, vocational services and retraining, and others. Also, self-insured employers administer their claims according to the requirements of the Industrial Insurance Act.

L&I premium payments for employers and employees

A few weeks ago I posted an article about the health of the L&I Accident Fund. There, I discussed how historic rebates depleted the fund and led to significant premium hikes. However, these last few months, COVID-19 impacted our economy greatly. Therefore, we must be especially careful to maintain the health of the L&I Accident Fund.

Typically, employers pay their L&I insurance premium on a quarterly basis. L&I premium payments for the second quarter of 2020 are due July 31st, 2020. However, according to a recent L&I news bulletin, employers that experience financial hardship and cannot pay their workers’ compensation premiums can request a 90-day payment deferment. Under this relief package, L&I will give employers until November 2nd, 2020 to pay those premiums for the second quarter of 2020. These premiums cover the months of April, May, and June of 2020. Interestingly, this is the second premium extension this year. Recall, L&I already extended the premium deadline for the first quarter of 2020 to July 31st, 2020.

Why is L&I extending the premium payment period?

In extending these premium payment deadlines, L&I acknowledges that the Corona-Virus pandemic continues to impact employers financially. As a result, employers may either request a 90-day extension for payment or a 90-day payment plan. Regardless of the request, L&I will not penalize employers. Furthermore, late payments will not incur interest charges as long as employers pay the premiums within the 90-day extension period.

However, it’s important to note that employers are not automatically eligible for the premium-payment extension program. If granted, employers must still file quarterly reports on time by July 31st, 2020. Here, to take advantage of the program, employers must contact the L&I Collections, Education and Outreach Unit and apply. You can reach this unit via email at dialercollections@lni.wa.gov or by calling 1-800-301-1826.

The impact of the extension on the L&I Accident Fund

The 90-day deferment option seems like a reasonable way for L&I to help employers. After all, many employers are experiencing significant financial impact due to COVID-19. Moreover, L&I’s actions will help maintain sufficient level of funding for the L&I Accident Fund. And yet, it’s critical that we monitor the financial health of the fund. The L&I Accident Fund is the safety net for work injury victims. Despite the economic impacts of the pandemic, we must ensure that the Accident Fund remains stable and intact.