Work injuries and your rights

Washington is a “no-fault” state for workers’ compensation. That means that it doesn’t matter who or what may have caused the injury or disease. If you were working while you were hurt, you’re entitled to benefits.

Injured workers can get: 

• Payment for medical expenses
• Compensation for some wages lost while you recover
• Payments for partial or total disabilities
• Vocational counseling and/or training
• Transitional work opportunities 

If you’re hurt on the job or have an occupational disease: 

• Get medical attention right away. Tell the doctor you were hurt at work.
• Tell your employer. If your employer is self-insured, fill out a “self-insured accident report” form.
• Get the names and phone numbers of any co-workers who witnessed your injury.
• Tell your union, if you’re a union member.

You generally must apply within 1 year of injury or 2 years from discovery of an occupational disease. We recommend you apply as soon as possible.

If your employer isn’t self-insured, you can usually get the appropriate forms online, or at hospitals, clinics or doctors’ offices. You can also get them at your local Department of Labor and Industries (L&I) field office. 

If your employer is self-insured, you should get a Report of Accident form from the employer.

You must include all dependents, including your children and spouse, when filing a claim. The number of dependents you list on the claim form determines “time-loss” benefits. 

You can also call free hotlines for more information and help. 

Yes. Your doctor (or physician’s assistant) fills out the “Physician’s Initial Report” part of the Report of Accident form. Make sure the doctor submits this form to your employer or their service company. 

You have many. They include:

• Right to choose or change doctors
• Right to get medical care needed for treatment at no cost
• Right to get time loss benefit payment if you’re unable to work for more than 3 days
• Right to turn down (decline) “light duty” work offer unless approved by your doctor
• Right to get a permanent partial disability payment if your injury is permanent
• Right to be free from retaliation for asserting your rights under worker compensation law
• Right to get all letters, notices, and other communications from the Department of Labor and Industries in your native language

• While L&I is deciding your eligibility, a medical provider may send you a bill. Keep one copy. Send one to L&I. The bill will be paid if L&I approves your claim.
• Continue to contact coworkers or other people who may have witnessed your injury, and collect their names and phone numbers.
• If your employer offers you light duty and you believe the work is making your injury worse, immediately contact your doctor. If the doctor agrees with you, you may go back to time-loss benefits. To do so, notify your claim manager you’re no longer able to perform light duty work. If only part-time light duty work is available, you may still get additional time-loss benefits.
• Make sure you know your protest or appeal deadline. If L&I denies your claim, you can protest or appeal, but only for a limited time. 

You can protest or appeal that decision. In general, you must do so within 60 days or less of getting the decision. 

If you don’t protest or appeal within the time allowed, you lose your right to do so. The decision becomes final. 

Yes. Call your claims manager with the Department of Labor and Industries’ service location or call toll free 1-800-LISTENS (1-800-547-8367). Spanish-speaking staff and other services are available on the toll-free number. 

You can also contact PROJECT HELP. They provide free information and help. They have Spanish/English bilingual staff, but you should provide your own interpreter if needed.

You should try to get legal help if your employer fires you, cuts your hours, doesn’t schedule your usual shifts, or otherwise retaliates against you because of your injury or because you’ve filed (or intend to file) a worker’s comp claim.  

If you’re a farmworker and your injury is the result of pesticide exposure, you can contact Northwest Justice Project’s Farmworker Unit, La Unidad Campesina de NJP, at (509) 225-0026 for free legal help.