Injured at Work? Bryan P. Stubbs. 5 Things You Must Do to Protect Your Rights. Law Offices. A Special Report from. Company Address

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1 Injured at Wrk? 5 Things Yu Must D t Prtect Yur Rights A Special Reprt frm Bryan P. Stubbs Law Offices Cmpany Address

2 A Nte: Legal Infrmatin Is Nt Legal Advice This reprt prvides infrmatin abut the wrkers cmpensatin prcess in the State f Washingtn. It s designed t help wrkers handle injuries and illness at wrk and make decisins that will impact the curse f their claim. Legal infrmatin is nt the same as legal advice -- the applicatin f law t an individual's specific circumstances. We g t great lengths t make sure ur infrmatin is accurate and useful. And we recmmend yu cnsult a lawyer if yu want a prfessinal assessment r interpretatin f yur case, r advice r representatin in dealing with a wrkers cmpensatin claim. Bryan P. Stubbs is an experienced wrkers cmpensatin attrney carrying n a 50-year family legacy f fighting fr the rights f Washingtn s wrkers. Yu can reach him fr a free phne cnsultatin at (888) ii

3 Table f Cntents Update n Wrkers Cmpensatin Refrm. 1 A Quick Summary f the 5 Things Yu Must D... 3 Intrductin... 4 What is Wrkers Cmpensatin?... 5 The Five Steps t Prtecting Yur Rights... 7 Seek Medical Attentin Immediately... 7 Dn t Get Caught Up in Blame... 9 Reprt Yur Injury Fllw the Dctr s Advice Keep Accurate Recrds Other Questins Yu Might Have iii

4 IF YOU VE BEEN INJURED AT WORK, READ THIS FIRST UPDATE ON WASHINGTON STATE WORKERS COMPENSATION REFORM OF JUNE 2011 "Histric" That's what the Washingtn State Department f Labr and Industries is calling the wrkers' cmpensatin legislatin that tk effect in June Parties are heavily divided n the merits f the legislatin: sme believe the law is designed t take advantage f emplyees, rather than legitimately take care f peple wh have been hurt at wrk. S, what exactly des it d? The Wrkers' Cmpensatin Refrm Bill mdifies the way cases are handled when Washingtn State wrkers are injured n the jb. Previusly, if yu gt hurt at wrk and were declared permanently disabled, yu'd be ff the jb. As a result, yu'd qualify fr a pensin fr the rest f yur life that was paid either by the State r by yur emplyer, if the cmpany was selfinsured. That may nt be what happens t yu nw, thugh. Accrding t the new prvisins, if yu get hurt while yu're wrking, yu can be sent back t wrk -- albeit in a less demanding jb. The State says it's a great way t get peple back t wrk wh, befre, didn't have that pprtunity. Hwever, thers say it's an unfair way t treat peple wh have already been declared disabled and may nt want t wrk in a cmpletely different capacity. Aside frm that perceived unfairness, much f the criticism t this refrm cmes frm the ways emplyers can benefit frm it. As part f the Wrkers' Cmpensatin Refrm Bill, cmpanies that hire disabled wrkers will get half f the emplyee's salary reimbursed by the State. It's als pssible that by bringing injured emplyees back int the wrkfrce -- instead f having them remain n disability -- the cmpany stands t avid majr rate hikes in its Labr and Industries (L&I) premium rates. As a result, sme say the law is nthing mre than a way fr cmpanies t take advantage f financial perks when wrkers get hurt n the jb. But that's nt the nly big change Washingtn State injured wrkers face. If yu're 55 r lder, this law can have a majr effect n yur financial future. Under the Wrkers' Cmpensatin Refrm Bill, yu nw may nt get a ttal disability pensin paid fr life if yu are fund unable t wrk. Instead, yur emplyer r the State can request that yu get smething called a "Structured Settlement Agreement". 1

5 What des that mean? Instead f getting pensin payments fr the rest f yur life, yu'll get mney either in a semi-lump sum, r yu'll get regular payments -- but nly until yu turn 65. In the end, these Structured Settlement Agreements wuld pay yu significantly less mney than a previus pensin paid. That's a surce f disgruntlement -- because all it really des is give emplyers and the State a way t save mney n ttal disability cases. Each Structured Settlement Agreement has t be apprved by the Bard f Industrial Insurance Appeals. These prceedings are cmplex and yu will need a qualified wrkers cmpensatin attrney t quide yu thrugh these matters and prtect yur best interests. What d yu think? If yu were t get hurt n the jb tmrrw and suffer a disability, wuld yu be OK with being subject t these regulatins? If yu're ver 55, wuld yu be willing t settle fr an agreement that wuld pay yu significantly fewer benefits? If nt, yu're nt alne. Luckily, there is smething yu can d abut it if this ever happens t yu, r if yu're in the beginning stages f it right nw. But it's up t yu t be n tp f things. Befre it's t late, start keeping gd recrds f yur entire wrkers' cmpensatin case. Yu'll need t keep track f every single detail, even if it seems trivial at the time. Yu'll als need t cntact a qualified attrney t wrk n yur behalf. With a few practive steps and the right legal guidance, yu can make sure that yu get everything yu're entitled t in a wrkers' cmpensatin case -- withut feeling yu're being taken advantage f. Lk ver the recmmendatins that fllw, and fr representatin, call us at (888)

6 A QUICK SUMMARY OF THE 5 THINGS YOU MUST DO 1. Seek Medical Treatment Immediately. Even if yu believe the injury t be minr, request t see qualified medical persnnel. Let the dctr r ther treatment prvider establish the seriusness f yur injury. Make sure yu understand the full nature f the injury and its repercussins. Ask the dctr directly hw serius yur injury r illness is. If the dctr cannt tell yu immediately, ask when he will knw r what tests must be perfrmed in rder t understand the injury. 2. Dn t Get Caught Up in Blame. Wrkers cmpensatin isn t primarily abut blame. It s abut what yu can d n the jb and what yu can t. And helping yu get back t wrk as sn as pssible. Simply seek medical help and file the paperwrk prmptly. With a few qualificatins, yu can t be denied wrkers cmpensatin even if the accident is later fund t be yur fault. 3. Reprt Yur Injury Immediately. Yu cannt be fired fr reprting yur injury r filing a wrkers cmpensatin claim. Any delay in reprting yur injury can make it difficult fr yu t recver benefits later. Delays can als call int questin yur mtivatin and the seriusness f the injury. 4. Fllw the Dctr s Advice. It s imprtant that yu d exactly what the dctr advises and prescribes. Make sure yu understand the treatment he has utlined. Dn t be afraid t ask questins. 5. Keep Accurate Recrds f all yur cmmunicatins and actins related t the injury. Yu ll need t fill ut sme frm r accident reprt and yur physician will need t file paper wrk n yur treatment. Make sure yu keep track f it all and put yur claim number n everything fr easy reference. Yu re nt required t use the services f an attrney t file a wrkers cmpensatin claim. And in many cases, yu dn t need ne. If yur emplyer appears t be uncperative, slw t respnd, r uncertain f the next steps t take; a qualified wrker s cmpensatin attrney can be a big help. The right attrney will nt nly prtect yur rights but will als wrk with yur emplyer t reslve the matter quickly. 3

7 INTRODUCTION When yu re injured n the jb, a variety f thughts and questins inevitably fly thrugh yur mind. Will I lse my jb? Will I be able t wrk again? What if the accident is my fault? Hw will I pay the bills? What s ging t happen t me and my family? Yu may nt even knw the full extent f yur injury yet, s it s understandable if yu re feeling anxius and uncertain. There are a number f things yu can d t make this time a little easier n yu and yur family. Yu have rights as an injured emplyee and yur emplyer has respnsibilities. The law impses serius penalties n emplyers wh d nt fllw regulatins regarding wrkplace injuries. Penalties can range frm civil t criminal in nature. Yu may find that yu re cnfused abut yur rights and what might be required - bth by yu and yur emplyer. While this reprt is nt intended t substitute fr qualified legal advice, it will try t answer sme frequently asked questins and lay ut a few specific actins yu can take t prtect yurself. The area f law that deals with n-the-jb injuries is cmplex. It s always best t speak with an experienced attrney wh understands wrkplace injuries, wrkers cmpensatin, and all the laws and regulatins that g with it. 4

8 WHAT IS WORKERS COMPENSATION? Simply put, wrkers cmpensatin is insurance that cmpensates emplyees fr medical care and lss f incme due t an injury r illness that ccurs at yur place f wrk. In 2008, there were 3,696,100 reprted nnfatal illnesses and injuries in the United States. Of these reprted incidents, 1,078,100 required time ff frm wrk. There were als 5,071 fatal injuries and illness as a result f smene s wrk in Falls made up 641 f these fatalities and highway incidents accunted fr anther 989. In the state f Washingtn, emplyers and emplyees pay int a special state fund that s set aside t cver accidents and medical expenses. When yu re injured, sick, r disabled at wrk, mney frm the fund takes care f yu. Depending n yur particular situatin, yu may be entitled t cmpensatin in the frm f: Medical benefits Prescriptin medicatin benefits Wage replacement Travel and prperty reimbursement Disability benefits Training prgrams With a few exceptins, all businesses with mre than ne emplyee are required t carry wrkers cmpensatin insurance. The Cmpensatin Bargain In exchange fr mnetary cmpensatin fr yur injury r illness, yu give up the right t sue yur emplyer. This tradeff between the guarantee f limited cverage (yur wrkers cmpensatin) and the lack f recurse utside f this system is called the cmpensatin bargain. As lng as yur emplyer keeps up his end f the bargain, there shuld be n need t sue. Unfrtunately, sme emplyers dn t fllw the law when it cmes t their emplyee s injuries at wrk. Often they simply lack experience with injured wrkers and dn t knw what t d. Dn t wait t find ut what yur emplyer shuld have dne t help yu get adequate care. Prtect yurself and yur family by learning yur rights. If yu 5

9 dn t d it nw, yu culd end up fighting a lsing battle with yur emplyer and the state. 6

10 THE FIVE STEPS TO PROTECTING YOURSELF 1. SEEK MEDICAL ATTENTION IMMEDIATELY Of curse, yur health, well-being, and recvery are yur highest pririty after any injury r illness. Seek the best medical treatment available t yu keeping the fllwing in mind. Dn t Hesitate t Get First Aid. If yur injury is minr, get first aid at wrk. Many falls, cuts, and sprains can becme serius injuries if they aren't treated right away. In the State f Washingtn, all emplyers must have a first-aid kit at the wrkplace. See a Dctr if Yu Need One. Yu need a dctr wh will d three things fr yu. Manage yur treatment including certifying that yur injury is wrkrelated. Help yu file a claim and reprt yur prgress t the claim manager. Decide when and if yu re ready t return t wrk and help yu return t wrk as sn as pssible. Yu have the right t chse a dctr t treat yu. At the same time, any practitiner yu chse must be: Licensed in the state in which he r she is practicing. This will be Washingtn State unless yu chse t be treated ut f state. Cnveniently lcated. Qualified t treat yur injury r illness. Licensed t practice in ne r mre f the fllwing areas: Medicine and surgery (MD). Ostepathic medicine and surgery (DO). Advanced Registered Nurse Practitiners (ARNP). Physicians Assistants (PA). Chirpractic (DC). Naturpathy (ND). Dentistry (DDS r DMD). Optmetry (OD). Pdiatry (DPM). 7

11 There are circumstances under which yu want want t see a physician s r nurses assistant r anther type f health prfessinal. They have special restrictins. See t find ut what they are. Yu can request t transfer yur care t a new attending dctr while yu are being treated. Yu must make the request in writing. And yur claim manager will review and apprve r deny the request. Seeing Yur Insurance Cmpany s Dctr It s a cmmn miscnceptin that yu are nly allwed t use the services f the insurance cmpany s dctr. And yu shuldn t be surprised if yu receive a request t see the cmpany s dctr, even after yu have chsen t use yur wn dctr. The regulatins regarding visits t cmpany dctrs vary frm state t state. In the State f Washingtn, yu have the right t chse yur dctr subject t the limitatins described abve. Yu als have the right t decide wh accmpanies yu t the dctr, r t decide that yu ll visit the dctr alne. Yu can decline t have the cmpany nurse r any emplyer representative accmpany yu t the hspital, dctr, r any ther medical visit. And yur emplyer can't discriminate r retaliate against yu n matter the decisin yu make. Seeing an Independent Medical Examiner If yu wrker s cmpensatin claim is handled thrugh the Department f Labr and Industries, yur claim manager may request yu t get an independent medical examinatin. In that case, they will pay fr the examinatin. Fr mre infrmatin, see 8

12 2. DON T GET CAUGHT UP IN BLAME. In the State f Washingtn, wrkers' cmpensatin is "n-fault" insurance. This definitin hlds even if yur emplyer is self-insured. Yu re cvered regardless f what r wh caused the injury r illness n-the-jb. S dn t hld ff yur treatment wrrying ver wh was at blame. There are special cnsideratins yu shuld be aware f: If the injuries that ccurred were self-inflicted, yu may nt be eligible t file a claim. If the accident ccurred while yu were under the influence f drugs r alchl, yur claim culd be denied. Claims relating t injury r illness that yur jb has wrsened are ften initially denied. If yu have such a case, yu may need an attrney in rder t get the claim apprved. If the injury r illness was caused by a third party, in ther wrds, the failure f a machine, a prduct, r smene wh is nt yur cwrker, yu have the right t sue that "third party." 9

13 3. REPORT YOUR INJURY OR ILLNESS If yu have an injury, n matter hw minr, fllw yur cmpany s guidelines and plicies fr reprting the incident. If yu dn t, it can turn the prcess f handling a wrkers cmpensatin claim int a struggle. And yu can end up respnsible fr medical bills yur emplyer wuld have paid. Yu can t be fired r punished fr alerting yur emplyer t the need fr medical care. Dn t be afraid t tell yur emplyer yu re sick r hurt. In fact, prmpt reprting is required fr mst wrkers cmpensatin claims. Ask t see yur emplyer s prcedures fr reprting. If they re nt able t prvide specific prcedures, lk nline at the Washingtn State Department f Labr and Industries fr the crrect way t reprt an injury r illness T prtect yurself, yu need t fllw yur emplyer s plicy (r the Washingtn State L&I guidelines) fr reprting an injury. Reprt even minr injuries r illness. Peple ften fail t reprt what they cnsider t be minr injuries. Hwever, sme f these injuries can have rather serius cmplicatins later n. This is especially true with back and neck injuries. Symptms may nt appear fr days r weeks later. Yu may find that yu miss wrk due t pain r discmfrt. Reprt yur injury r illness immediately. There are tw reasns t reprt yur illness prmptly. If yu dn t reprt the injury immediately, it may be difficult fr yu t prve that it was sustained within the wrking envirnment. Yur emplyer culd suggest that yu were injured smewhere else away frm wrk. If yu wait, yu may be t late t file a claim and yu may be ineligible fr wrkers cmpensatin r ther types f re-imbursement. 10

14 4. FOLLOW YOUR DOCTOR S ADVICE Yur dctr will be the persn wh determines whether r nt yu are ready t begin wrk again. It is very imprtant that yu listen t yur dctr and fllw his rders. Yu may be tempted t return t wrk quickly, prmpted by a sense f respnsibility r the need t bring in incme. Cnsider yur decisin carefully. If yu return t wrk t early, yu may have a re-lapse and injure yurself further r becme ill nce mre. Keep in mind that the wrkers cmpensatin benefits are structured t include any lss f wages that may ccur while yu are recvering. S try nt t stress, and cncentrate n regaining yur health. Make sure that yu adhere t the fllwing guidelines: Fllw yur dctr s rders, n matter what they are. Dn t miss any appintments with yur dctr r thers wh are treating yu. These appintments include rutine examinatins, medical treatment, physical therapy, chirpractics, and ther kinds f treatment. Take all the medicatins prescribed by yur dctr in the crrect manner. If any f the treatments r medicatins are causing yu prblems, be sure t infrm yur dctr. Speak t yur dctr penly abut any difficulties r pain that yu may still be experiencing. Partially Returning t Wrk Yur dctr may allw yu t return t wrk with restrictin. Orders may include nt being able t lift heavy bjects, r aviding standing fr lengthy perids f time. It may be hard fr yu t wrk under limitatins, but it s in yur best interest t fllw these instructins. It may be helpful fr yur t keep a cpy f yur dctr s rders with yu, in case yu need t shw it t yur emplyer. Yur emplyer may nt require yu t d anything that vilates the dctr s rders. It is unlawful fr yur emplyer t threaten yu with terminatin f yur emplyment, shuld yu be unable t wrk efficiently. In the rare circumstance that yur emplyer threatens yur jb, yu shuld still fllw yur dctr s rders, and infrm yur attrney f the incident. Yur 11

15 attrney will advise yu n hw t prceed t prtect yur health, yur jb, and yur medical benefits. 12

16 5. KEEP ACCURATE RECORDS Yur paperwrk will depend n a number f things, including the type f injury r ccupatinal disease yu claim. Read it carefully, respnd prmptly, and keep cpies f everything. Make it easy t track all yur paperwrk and keep it tgether. Put yur claim number n everything. And have it handy when yu call Labr and Industries r yur self-insured emplyer. Yu ll need t fill ut an accident reprt. If yu file thrugh Labr and Industries, it will be called a Reprt f Industrial Injury r Occupatinal Disease, If yu file thrugh a self-insured emplyer, it will be called the Self Insurer Accident Reprt (SIF-2) In either case, the reprt will include infrmatin abut yur injury, emplyer, wages, diagnsis, treatment and ther backgrund infrmatin. Special Paperwrk Yur dctr may als cmplete the Physicians Initial Reprt. If yur injury limits yur ability t wrk, yur dctr will als cmplete an Activity Prescriptin Frm (F ).) If yu're an apprentice, yu shuld check fr guidelines n hw t handle injuries while yu re training n the jb. 13

17 OTHER QUESTIONS YOU MAY HAVE This reprt shuld get yu ff t a gd start with yur wrkers cmpensatin claim. At the same time, it isn t meant t be exhaustive. Yu may have questins abut yur particular case r circumstances, r abut Washingtn s wrkers cmpensatin prcess in general: What shuld I d if my emplyer desn t carry wrkers cmpensatin insurance? What happens if I can t cntinue t wrk? What happens if an injury r illness leads t death? What if I wrk ut f state r am injured ut f state? Shuld yu have mre questins, call Bryan P. Stubbs Law Offices fr a FREE phne cnsultatin. Bryan P. Stubbs Law Offices carries n a 50-year family legacy f fighting fr the rights f Washingtn s injured wrkers. If yu re tired f the lack f respect frm yur insurance cmpany, the denial f medical treatment r cmpensatin, we fight fr yur rights and get yu yur mney. And we wn t accept fees frm yu until yu are cmpensated. Call Tday fr a Free Phne Cnsultatin - (888) *************************************************** 14