Workers Compensation - Washington

Tara Reck, Managing L&I Attorney at Reck Law PLLC - Workers' Compensation Attorneys

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Workers’ Compensation Claims Can Be Very Frustrating

Today I had a difficult conversation with an upset client. The difficulty is that many of the things he was upset about may have been very valid, but had occurred in the past and aren’t necessarily things I can fix now.

 

Luckily, both of us stuck with the conversation long enough to get to a much more productive place. We were able to communicate effectively and create a plan for moving forward that we both could understand and agree too.

 

Workers’ compensation claims are frustrating and injured workers have multitudes of reasons for being angry and upset. But interactions with their attorney shouldn’t be one of them. I’m so happy that today my client and I could get on the same page so that going forward, I can be a source of knowledge, advice, and support rather than another frustration.

Finding Attending Physician Can Be a Problem for Injured Workers

Did you know that many injured workers have difficulties obtaining an “attending physician” for their claims?

 

The role of attending physician (AP) is incredibly important. The AP certifies entitlement to benefits and makes treatment recommendations. APs also make appropriate referrals and their opinion is given special consideration.

 

While injured workers may choose their own AP,  those physicians must be in the Department’s Medical Provider Network (MPN). On top, the physician must be willing to see and treat the injured worker.

 

For older or more complicated claims this can be a significant issue. This week I worked with three injured workers whose APs retired or left the area. Some of them have been searching for a new AP for months, but providers aren’t willing to accept them. As a result my clients are receiving letters demanding that they identify a new AP. Moreover, they are receiving threats of termination of benefits if not certified by new AP.

 

For these injured workers it is a dire situation. There’s a reason members of the MPN don’t want to get involved in these cases. Those reasons should be identified and addressed! I’m disappointed that this issue isn’t more widely recognized and that no one is taking steps to ensure that injured workers can find willing attending physicians when needed.

Retraining Injured Workers in Washington State

If an injured worker cannot physically return to their job prior to the injury in Washington State, he or she can be retrained. I feel very conflict about retraining injured workers because, in my opinion, some of the cases we see are unrealistic.

 

Retraining has a cost cap and cannot take more than two years. We see good loyal workers with lifelong heavy labor work histories, relegated to desk jobs. While still grieving over the loss of a career and collapse of retirement dreams, they are enthusiastically presented with retraining plans for basic “clerical work”. Introduction to computers, basic keyboard typing, phone etiquette, intro to Microsoft software products, and so on.

 

The goal is entry level, minimum wage, clerical or office work. When the worker voices concerns or doubts, they are frequently brushed off and ignored. This week one client started a plan and failed, and was being presented with a new skeleton plan. The new plan includes terms of repeated classes on the assumption he would fail the first time around. Another client’s plan included one handed basic keyboarding. Does the term “hunt and peck” sound familiar?

 

I am supportive of retraining, but I cannot ignore the legitimate frustrations and fears my clients express. There must be a better solution. I am very grateful to live in a state that cares about its employees and labor force. However, I know I am not the only person feeling this conflict in the retraining process. These are people’s lives we are talking about. They cannot be taken lightly. How do we work together and find a better solution?

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