Tacoma Disability Benefits Attorney

Helping You File for Workers' Comp

Workers' compensation claims can be complex, especially when your work injury results in a disability. When requesting these benefits, you should have a knowledgeable and experienced attorney on your side. They can help you navigate the process.

The team at McCarthy Law Office, PLLC understands the intricacies of workers' compensation and disability claims, and we are here to guide you. With nearly 20 years of experience, our attorney is dedicated to helping you get the benefits you deserve.

Call our team at (844) 224-5029 for a free consultation. Our workers' compensation and disability benefits attorney is here for you in Tacoma.

What Is Workers' Compensation?

Workers' compensation is a type of insurance that provides wage replacement and medical benefits to employees who have been injured on the job. In Washington, employers are required to provide workers' compensation insurance coverage to protect their employees in the event of a work-related injury or illness.

When an employee is injured on the job, they can file a workers' compensation claim with the Washington State Department of Labor and Industries (“L&I”) or their employer's self-insurance provider. If accepted, the employee can receive benefits that cover their medical expenses and a portion of their lost wages while they are unable to work.

Most workers' compensation claims are accepted, but in some cases, L&I or the employer’s self-insurance provider may deny a claim. In these situations, the employee has the right to request reconsideration from L&I, as well as the right to appeal the decision and request a hearing with the Washington State Board of Industrial Insurance Appeals (“BIIA”). BIIA decisions can be appealed to the Washington Superior & Appellate Courts.

What Are Disability Benefits for Workers' Compensation?

In addition to covering an employee's medical expenses, workers' compensation can also provide benefits to help replace an employee’s lost wages. If you are unable to work for a certain period of time due to a work-related injury or illness, you may be eligible to receive temporary or permanent disability benefits.

There are four main types of disability benefits for workers in Tacoma:

• Temporary partial disability (TPD) (“Loss of Earning Power Benefits”)
• Temporary total disability (TTD) (“Time Loss”)
• Permanent partial disability (PPD)
• Permanent total disability (PTD) (“Pension”)

How Are Disability Benefits Calculated?

The disability benefits you can receive depend on the type of disability and how much you were earning when you were hurt.

Temporary disability benefits are calculated as follows:

• Loss of Earning Power Benefits - TPD: 80% of the difference between your current wages and your pre-injury wages
• Time Loss - TTD: Minimum of 60% of your average weekly wage for single worker; 65% for married worker; and additional 2% for each child, up to 75% of your wages (with five children); However, not to exceed 120% of the state’s average wage rate.
   

Permanent partial disability (PPD) benefits are calculated based upon the type of permanent injury and the applicable impairment rating, as determined in accordance with American Medical Association guidelines and the PPD award schedule adopted by Washington State. See Permanent Partial Disability (wa.gov)

Permanent total disability (PTD) benefits (commonly known as  “Pension Benefits”) are awarded for the life of the employee, and are calculated based on a percentage of wages, ranging from 60% to 75% of the employee’s previous wage, with cost of living adjustments. See RCW 51.32.060: Permanent total disability compensation—Personal attendant. (wa.gov)  

In addition to these benefits, you may also be eligible for vocational benefits. These benefits apply if you are unable to return to your previous job due to your injury or illness. Vocational benefits help provide training and education for a new job that accommodates your disability.

How Long Do Workers' Compensation Disability Benefits Last?

Temporary disability benefits are available to eligible employees who are unable to work due to a workplace injury or occupational disease. These benefits are available until the employee is able to return to work.

Permanent disability benefits are available to eligible employees who have been permanently disabled by a work-related injury or illness. PPD awards are paid out in accordance with the State adopted schedule, and PTD (“Pension Benefits”) are available for the remainder of the employee's life, depending on the circumstances of the case.

What Are the Time Limits for Filing a Workers' Comp Claim in Tacoma?

If you have been injured on the job, it is important to report the injury to your employer as soon as possible. In Washington, you must report a work-related injury to your employer within one year of the date of the injury. If you develop an occupational disease, you must report the disease to your employer within two years of the date you discovered the disease or should have discovered the disease.

Once you have reported your injury or illness, you must file a workers' compensation claim with the Washington State Department of Labor & Industries within one year. If you fail to file a claim within this time period, you may lose your right to seek benefits.

Can I Sue My Employer for a Work-Related Injury?

In most cases, Washington does not allow you to sue your employer for work-related injuries. Workers' compensation is a no-fault system. It is designed to give you benefits regardless of who was at fault. When your employer participates in this system, you typically cannot sue them for additional damages.

However, some situations do justify a lawsuit for a work-related injury. For example, if your employer intentionally caused your injury, or they do not carry workers' compensation insurance, you may be able to file a lawsuit.

Can I Sue a Third Party for a Work-Related Injury?

If you have been injured on the job, you may be able to file a personal injury lawsuit against a third party who caused or contributed to your injury. For example, if you were involved in a car accident while you were driving for work, you may be able to sue the other driver for compensation.

If you are successful in your lawsuit, you may be able to recover compensation for your medical expenses, lost wages, pain and suffering, and more. If you are awarded compensation in your lawsuit, you may be required to repay some or all of your workers' compensation benefits. An experienced attorney can help you understand your options and determine if filing a lawsuit is in your best interests.
 

Can I Be Fired For Filing A Workers' Compensation Claim?

No. Your employer cannot fire you for filing a workers' compensation claim. In Washington, employers are prohibited from retaliating against employees who have filed a workers' compensation claim. If your employer terminates your employment, demotes you, or takes any other adverse action against you because you have filed a claim, you may be able to file a lawsuit against your employer for damages.

How a Tacoma Workers' Compensation Attorney Can Help

If your workers' compensation claim has been denied, a Tacoma workers' compensation attorney can help you file an appeal and represent you at your hearing. At McCarthy Law Office, PLLC, we have helped many clients successfully appeal denied claims, and we are prepared to do the same for you.

If your claim has been approved, but you are not receiving the full amount of benefits you believe you are entitled to, an attorney can also help you fight for the maximum amount of benefits. At McCarthy Law Office, PLLC, we can review the details of your case and help you understand what benefits you should be receiving. If you are not receiving these benefits, we can help you take legal action to pursue the compensation you deserve.

How to Get Workers' Compensation Benefits

To get workers' compensation benefits, you must do the following:

• Seek medical treatment
• Report your injury to your employer
• File a workers' compensation claim

If your claim is accepted, you should receive your benefits. They help cover your medical expenses and a portion of your lost wages. If your claim is denied, you have the right to file an appeal and request a hearing with the Washington State Department of Labor & Industries. Our team is here to help with your initial filing and, if necessary, an appeal.

Why Hire McCarthy Law Office, PLLC?

Our attorney understands the complexities of workers' compensation claims, and we can help you handle the process. We are committed to providing compassionate and personalized legal representation. Our team is here to fight for your rights at every stage of the process.

You can rely on us to give you honest and straightforward legal advice. We want to help you make informed decisions about your case. Our team works with you directly. We can help develop a legal strategy that fits your unique needs and goals.

Contact us online today to discuss your workers' compensation disability case. Our attorney serves the Tacoma area.