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

Time-Loss Compensation: Minimum and Maximum Amounts Under an L&I Workers’ Compensation Claim

Previously, I posted articles about temporary total disability and how to calculate time-loss compensation wages. In short, we consider people with work injury that are unable to work as temporarily and totally disabled. Work injury claimants that fall under this criterion should receive time-loss compensation benefits based on their wages at the time of their workplace injury. Wages can be salary or hourly rate and include things like bonuses, housing and meals. They should also include healthcare, commissions and tips. L&I, or a third-party administrator in case of self-insured employer claims, pays time-loss compensation every 14 days. However, to receive time-loss compensation benefits, you must certify that you are unable to work. Furthermore, the reason for which you are unable to work must be related to your L&I claim.

 

Time-Loss Percentages

The amount of money that you will get under your time-loss compensation benefits depends on several factors. If you are single with no dependents, then you should receive 60% of your wages as time-loss compensation payments. If you were married at the time of your work injury, you should get an additional 5%. Moreover, people with dependents can receive an extra 2% per dependent child up to a maximum of 10%.  In summary, work injury claimants can expect to receive anywhere from 60% to 75% of their wages prior to their work accident.

 

Minimum and Maximum Time-Loss Compensation Amounts

It’s important to know that the Department of Labor and Industries (L&I) established minimum and maximum time-loss compensation payments. The minimum time-loss rate for a workplace injury that occurred on or after July 2, 2008 is 15% of the Washington State’s Average monthly wage.  For example, for dates of injury (or occupational disease manifestation) between July 1, 2018 and June 30, 2019, 15% of the average monthly wage is $773.59.

 

Similarly, L&I time-loss compensation maximum rates depend on the date of injury or manifestation.  Currently, the maximum rate is set at 120% of Washington State’s average wage.  As an example, if you were hurt at work between July 2019 and now, then 120% equates to $6,530.10 per month or $217.67 per day.

 

Washington State and L&I

People frequently ask me: “What is the value of my workers’ compensation claim”?.  The answer is always the same.  For Washington State work injury claimants, the value of your workers’ compensation claim depends on several factors. And, it is unique to your claim.

 

I know it can be hard for work injury claimants to make ends meet. Many are receiving 40% less of what they were getting before the injury. Considering that many have families that they need to support, this can be even more difficult. However, we are lucky to live in Washington State where injured workers have rights. And it’s that L&I is taking marital status and depends into consideration when they calculate time-loss compensation benefits.

 

4 Comments

  1. Laura

    In regards to compensation, I work at a major warehouse and was injured. It is a compensable injury. It happened over a year ago. L&I has been very generous with my or the doctors requests for treatment etc. I worked a job that gave a stipend for weekend and night shifts. I also was required to do mandatory overtime of up to and including 50 hour weeks with a maximum of 59.75 hours. None of this was included in my monthly compensation allotment. The difference is considerable. Not to mention the 401k, stock purchases, and other benefits I am missing out on. Is any of this reimbursable or considered in the wage assignment?

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      L&I attorney

      Hi Laura. Some of the compensation you describe sounds like it probably should be included in the wage rate calculation. If it has been less than 60 days since the Department issued your “wage order” you may want to consult with an attorney about your options for challenging the calculation.

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    Kim Rowland

    I was injured on the job. My working capabilities have drastically been changed per my Dr. My employer offered me a light duty job but I have not been getting the 40 hr minimum I was prior to my injury. The company has brought in a new guy to do my job and now I basically have nothing to do but stand around. Unfortunately in Construction the weather puts a damper on the job. And there have been many days when I have been told no work but part of the crew is working. I am currently only receiving 1 maybe 2 days a week due to weather. Who makes up the difference? Does L& I compensate me for this. 8 hrs a week does not pay my bills. I went from making 1200 a week to 250 a week. I honestly feel as if I will be let go eventually and the company only has me do light duty to keep their safety record clean without penalties. What do I do

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