Today we’re going to talk about L&I penalizing self-insured employers such as King County Metro. There is more to the Department of Labor and Industries (L&I) than administering workers’ compensation cases. It is a very big administration charged with many other tasks including workplace safety issues. After all, safe workplaces are a first step towards reducing the number of industrial injuries that occur.
In today’s local news we learned that L&I has fined King County Metro $20,100 for safety violations involving employees working around high voltage. This isn’t the first time that King County Metro has been cited for safety violations by L&I. Approximately 2 years ago KIRO 7 news investigated incidents of Metro employees getting shocked while working on busses. Two years after a KIRO 7 investigation into employees getting shocked while working on buses in 2016, Metro was fined $10,800 for not implementing training programs for high voltage work and failing to periodically review and evaluate improper energy control procedures. Metro has also been fined for issues associated with bathrooms for bus drivers and assaults of Metro employees while working.
King County Metro is a self-insured employer. That means for injured Metro employees, Metro (or their third-party administrator insurance) handles claim paperwork and pays for the claim. According to WAC 296-15-310 Every employer certified to self-insure is obligated to comply with the provisions of the Industrial Insurance Act and the rules and regulations of L&I, and to have the necessary administrative processes in place to manage its self-insurance program. Each self-insurer is ultimately responsible for the sure and certain delivery of Industrial Insurance Act benefits to its injured workers and is accountable for all aspects of its workers’ compensation program. For an employer to be certified to be self-insured, the employer must meet the requirements set forth in WAC 296-15-001.
If an injured worker whose claim is being administered by a self-insured employer believes that the self-insured employer has unreasonably delayed benefits, the worker can ask L&I to penalize the self-insured employer according to WAC 296-15-266. If the self-insured employer’s actions are even more egregious than mere delay of benefits, under RCW 51.14.090 the Department may withdraw the self-insured employer’s certification. WAC 296-15-255 sets forth the hearing process for corrective action or withdrawal of a self-insured employer’s certification.
King county safety and claims has played games with my now, late husband’s claim#SE94199. Date of injury was 6-13-13!!! Yes, fricking June 13, 2013! They deny everything and then only address one injury at a time which is ridiculous and counterproductive to getting an employee whole enough to go back to work which is supposed to be the goal of BOTH parties. I just had another 8 months of my life wasted listening to and believing in the opposing counsel that represents King County Safety and Claims, a Mr. Taylor Edwards, Senior Prosecuting Attorney. I had called him after being at my wits end with the attorney, Mr. Armstrong, that we eventually had to go with, through his Union at Metro., due to my husband being diagnosed with AFib then just a very short time later, diagnosed with terminal liver cancer. I was the one, along with my late husband, that faught King County Safety and Claims tooth and nail, appeal after appeal etc. The union dues paid goes towards this fund. But now I’m just trying to get the latest court records that nobody can seem to do or get, and get a check that had originally been issued last year! There’s allot of lines crossed here but trying to find an attorney that isn’t going to charge you upfront is so far proving to be impossible.