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The L&I Double Standard: Workplace Safety vs Medical Coverage

I regularly applaud and give praise to the Department of Labor and Industries (L&I) when praise is due. In particular, I’m always impressed with L&I’s workplace health and safety programs. L&I dedicates tremendous resources to studying and improving safety for workers. Moreover, the L&I website contains helpful information for employers and workers alike. On top, people can sign up to health and safety newsletters. These email-newsletters comprise valuable and important information.

A recent L&I safety publication

Recently, L&I sent a newsletter with the subject “Be Kind to Your Neck and Shoulders”. It caught the attention of workers’ compensation attorneys like me who represent work injury claimants. The reason it caught our attention is because it lists causes of neck and shoulder injuries. However, the newsletter’s safety topics are ones that L&I often ignores when it comes to medical coverage.

L&I’s own guideline not covered by workers’ comp insurance

According to the publication “working with your hands overhead can cause neck and shoulder problems. Disposition can reduce blood flow to your neck and shoulders causing you to tire out quickly. Problems can begin after 30 minutes of overhead work per day”. I concur.

Now, say that workers perform overhead lifting only 30 minutes out of an 8 hour workday. That’s less than 7% of the day. Yet, according to L&I definitions, an activity that’s done for 1-10% of the day is a “seldom” activity. In my experience, when a person suffers a work injury from seldom activities, there’s higher likelihood for questioning causation. In fact, chances for doubting causation increase when L&I asks IME doctors to weigh in on causation.

Industrial insurance coverage in the L&I claim settings

I’m a workers’ compensation attorney representing work injury claimants. The L&I double-standard in this example is extremely frustrating to me. It appears that L&I acknowledges that 30 minutes of daily overhead reaching can result in shoulder injury. However, as it turns out, it only applies to safety procedures. It doesn’t apply to actual L&I claim coverage. I don’t think it’s fair. It would only be fair if L&I applies the same standard when evaluating causation for industrial insurance coverage.

The Most Important Thing in Workers’ Compensation Claims: Safety First!

/ L&I attorney / 0 Comments

I’ve been representing work injury claimants for nearly 20 years. I don’t want to say that I’ve seen it all. I’m sure I haven’t. But I’ve seen a lot. During a standard day, I take approximately 3-5 claim consultations. Usually, while on the phone with injured workers, we spend a lot of time discussing workers compensation claim outcomes. If anything, there’s one top thing I’ve learned to date. No claim outcome is better than not getting injured in the first place!

Improving safety means less work injuries

Many organizations are committed to improving workplace safety. Here, at state level in Washington State, we have the Department of Labor and Industry (L&I) and WISHA. Then, at the federal level, there’s OSHA and NIOSH. In general, most employers also work very hard to eliminate work injury occurrences. After all, fewer workplace injuries mean lower workers’ comp claim costs. It also means lower employer premiums, and less loss of productivity.

How a workers’ comp attorney views workplace safety

Many people ask me what I do. What does it mean to be a workers’ compensation attorney? Usually, I say that I help people navigate the most challenging and life altering event of their lives. Remember- fewer workplace injuries means fewer work injury claimants who have to endure these challenges. We must acknowledge that all participants play a key role here. Federal organizations, state agencies, employers, and workers. Therefore, I can’t stress enough the importance of doing your part. For me, my primary concern is obviously the worker. KEEP YOURSELF SAFE IN THE WORKPLACE!

What can I do to avoid a workplace injury?

There are many things that workers can do to improve their personal safety at work. For one, you should know your work environment. Knowing the layout, hazards, emergency routes, and environment can help workers spot dangerous situations. On top, it can also help workers get out of a dangerous circumstances or minimize injury. More importantly, identifying unsafe situations can prevent accidents before they happen.

Another way to reduce injuries is to learn how to use equipment safely. It’s critical to know how to properly operate tools, machinery, and other office equipment. Sometimes, there are certain procedures that you must follow. Here, obeying to simple procedures can dramatically reduce the likelihood of getting injured while operating equipment.

What are other ways to improve safety at work?

It’s also very important to take regular breaks. Taking breaks isn’t about being lazy. Additionally, it’s not about shirking job responsibilities. Studies show that taking breaks reduces fatigue and burnout. Furthermore, it improves attention, concentration, and thought clarity. Being alert, focused and clear is another great way to reduce the chance of suffering a work injury.

In general, we also recommend coming to work rested. While it’s not always possible, it’s very important. Fatigue leads to mistakes and reduces reaction times. Both factors can be a recipe for disaster in the work setting.

Other tips to reduce work accidents

Finally, it’s important to maintain good body mechanics. Body position is extremely important. This is true for both sedentary workers and physically demanding jobs. More explicitly, you can maintain good body mechanics through good posture, safe maneuvers, and movements. You can also pay attention to ergonomics, and appropriate body conditioning. These are all great ways to decrease the probability of workplace injury.

In summary, as workers, we must remember that organizations and employers are working to reduce the frequency of injuries in the workplace. However, it’s not only on them. It’s also on us. It’s up to us to take steps to protect ourselves. There is no greater workers’ compensation benefit than not suffering an injury in the first place.

Workers’ Compensation Attorney Fee and Costs in Washington State

/ L&I attorney / 10 Comments

People call me every day to consult about their workplace injury claim. Some of them are looking for representation. Almost always, attorney fees are a concern. The purpose of this article is to explain all L&I attorney fee considerations and costs.

Do I need an attorney after an injury at work?

Many work injury claimants can manage their claim on their own. Some people call it the “DIY” method. If you have an L&I claim, you don’t always need a workers’ compensation attorney. Moreover, the same applies to self-insured employer claims. Many people, especially with simple claims, can manage themselves just fine.

The Department of Labor and Industries (L&I) oversees all work injury claims in Washington State. Certain times, there are situations where you want to involve an L&I attorney. For example, when you have a claim appeal at the Board of Appeals. There are other cases where it’s best to have an attorney for your L&I claim. For instance, if your claim is complex, it’s probably best to let an attorney manage the claim.

Workers’ comp attorney fees are not like others

Many workers assume that L&I attorney fees are similar to other areas of law. If you ever dealt with other attorneys, then you probably know how they work. First, they charge you an initial retainer fee. Then, they bill a certain dollar amount for each hour of work. That’s not how it works with workers’ compensation attorneys.

Here, in Washington State, we have the Industrial Insurance Act. Under the act, work injury attorneys must work on a contingent fee basis. This means we get paid from the benefits we secure for our clients. In fact, we cannot charge on an hourly basis. It’s not allowed.

L&I attorney fee – Maximum limits

By law, an L&I attorney can charge a reasonable contingent fee. In general, the fee cannot be more than 30% of the L&I benefits that we secure. For structured settlements or CRSA, the L&I settlement fee is 15%.

Some claimants think that if they win their case, then the other side will pay their workers’ comp attorney fee. That’s not true for board appeals. It’s also incorrect for benefits at the Department level. However, most workers’ compensation attorneys charge less than 30%. It mostly depends on the amount of work it takes to secure the benefits. In other words, if less work is required, then the fee percentage gets lower.

Cost of L&I claim appeal

Appeal costs are different from attorney fees. Overall, costs refer to the money you need to win a board appeal. To win, you must meet the burden of proof. Here, costs come from things like ordering medical records and paying court reporters. On top, you must pay expert witnesses for their time. Good witnesses spend time preparing and then giving a thorough testimony. Win or lose, these costs are the responsibility of the work injury claimant.

Workers’ compensation and free consultation

A workers’ compensation claim can be very complex. Furthermore, hiring an attorney is not an easy decision. Therefore, it’s important to think and decide if hiring a workers’ compensation attorney makes sense for your case. That’s why most L&I attorneys offer free consultation. During the consultation, the attorney can explain your situation. A good L&I lawyer will help you figure out if hiring an attorney is the right thing to do.

It’s important to have a candid and genuine conversation with the attorney during a consultation. It’ll help you make a fair assessment about your claim. Personally, I’m always happy to help work injury claimants understand all their options. Many times, I tell people they don’t need an attorney and I explain why. However, if you think you need L&I claim help, feel free to give my office a call. Let’s chat and make sure you’re on the right track.

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