1. Get medical help first.
Don’t delay care for your injury. Even seemingly simple cuts, sprains, and falls can become serious injuries without proper treatment.
You should be able to get first aid at your workplace. If you need further treatment, go to the emergency room or another healthcare provider and let them know you were injured at work.
Don’t worry about finding an in-network provider if it’s a medical emergency — the federal No Surprises Act from 2022 requires insurers to cover all emergency services as if they were in-network. However, you will want to choose an in-network provider for any follow-up visits that are needed later.
Your doctor should be able to certify whether your injury was work-related, recommend further treatment, and estimate how long your injury will prevent you from working. They can also help you file a workers’ compensation claim.
2. Tell your employer.
Let your employer know you are starting a workers’ compensation claim. In most cases, you can do this by notifying your supervisor, either in person, on the phone, or via email. Your supervisor should inform the relevant HR representative or leave administrator.
If your supervisor is not an option, you can get in touch with your employer’s HR department, personnel department, or whoever handles employee matters to let them know you are starting a claim.
3. Gather your information.
At minimum, you will need to know all of the following to file your claim:
- When the injury occurred.
- Where the injury occurred.
- Who witnessed the injury and how to contact them.
- Whether you have already seen a doctor, and if so, your doctor’s first and last name and where you received treatment.
- Your wage information.
You may also need information about the names and birth dates of your dependents.
4. Start your claim.
If you went to a doctor after receiving your injury and completed a Report of Accident with them, your doctor may have been able to file a claim for you. Otherwise, you will need to file your claim yourself.
Where you should file your claim depends on how your employer is insured. Most employees in Washington State have workers’ compensation coverage through a public state fund, but roughly a third work for a self-insured employer. You can look up whether your employer is self-insured through the Find a Self-Insured Employer tool on the Washington State Department of Labor & Industries (L&I) website.
If your employer is not self-insured, you will need to file your claim with L&I. There are several ways to start the filing process:
- At your doctor’s office. (Your doctor will file the form for you within five days if you complete a Report of Accident at their office.)
- Online using the FileFast tool.
- By phone at 1-877-561-FILE (3453).
However, if your employer is self-insured and you didn’t complete a Report of Accident at your doctor’s office, you will need to file a claim with your employer’s Third Party Administrator (TPA). Your employer’s personnel department should be able to help you contact the TPA, or you can search your employer on the Find a Self-Insured Employer tool to find the TPA’s contact information.
Tip: Don’t delay starting your claim. In Washington State, L&I or your self-insured employer must receive your Report of Accident within a year of your injury date for your claim to be valid. For occupational disease claims, they must receive your report within two years from the date of your doctor’s diagnosis.
6. Wait for your claim to be processed.
Processing times vary depending on the type of claim. For simple cases where you are eligible for wage-replacement benefits and no further information is needed, your employer’s insurance should send you the first benefit check within 14 days of receiving the report.
7. Contact a lawyer if there are issues with your claim or settlement.
Employers and workers’ compensation insurers sometimes reject legitimate claims or fail to provide appropriate coverage. If this happens to you, hiring an attorney will give you the best chance to receive a fair insurance settlement after all. Most workers’ comp attorneys will not charge you any fees until and unless you receive a settlement, and they will only receive a limited percentage of what you win.
An attorney can help just about any difficulty or complication you may experience, such as:
- Your employer unfairly denying your claim.
- Your insurer failing to pay your benefits promptly.
- A settlement that doesn’t cover all your lost wages and medical bills.
- An injury that led to permanent disability or long-term illness, which may make you eligible for large insurance payments that the insurer will want to avoid.
- Concerns about how your settlement will affect your Social Security disability payments if you receive or plan to apply for them.
- Retaliation from your boss for filing a claim, such as being fired, demoted, discriminated against, or having your pay or hours reduced.
- Someone other than your employer having contributed to your workplace injury, such as a negligent driver who hit you while you were driving on the job.
- An employer who doesn’t have workers’ comp insurance.
Workers’ Compensation Attorneys in Snohomish County
The Anderson Hunter Law Firm has been helping individuals in western Washington with their legal needs for over 100 years. Our workers’ compensation attorneys have the experience to help you navigate the claims process, sue your employer if necessary, and get the settlement you are entitled to.
Request a consultation today if you need help getting workers’ compensation after a workplace injury or illness.