Statute of Limitations on Workers’ Compensation Claim in Illinois

You were injured in an accident at work in Illinois. Perhaps your injuries did not seem to be serious at the time. You may have kept right on working. You may not have missed any work time at all.

It may be that your employer did not want you to file a workers’ compensation claim. Your employer may have threatened you if you filed a claim.

Claim not filed

At any rate, for one reason or another, you did not file a workers’ compensation claim. Now, a lot of time has passed since the accident took place at work. You may be having physical problems that you believe were brought about by the accident. You may have wound up having medical bills and expenses as a result of the accident at work in Illinois. You may have missed work because of injuries you received from the accident.

Some questions you may now have are, “Have I waited too long? Can I still file a workers’ compensation claim for my accident? Is it too late? What is the law in Illinois?”

The first thing that has to be answered is, “Did you let your employer know about the accident and your injuries within 45 days from the time that the accident took place?” If you did not, you may have forfeited your right to receive workers’ compensation benefits. If you notified your employer about the accident and your injuries within 45 days of the accident, you may still be eligible for workers’ compensation benefits.

Statute of Limitations

The Statute of Limitations is a time deadline that you have for filing a personal injury claim. In Illinois, the Statute of Limitations is 2 years from the date of an accident. This means that you have 2 years from the date that an accident happened in which you were the injured party to file a personal injury claim in circuit court.

In regard to filing a workers’ compensation claim in Illinois, it is a little different. The Statute of Limitations in Illinois for filing a workers’ compensation claim is 3 years from the date of the accident at work or 2 years from the date that you last received workers’ compensation benefits. The determining factor is which one of these came later.

Repetitive trauma

In the instance of making a claim for a “repetitive trauma,” determining the Statute of Limitations may be much more difficult. In the case of a repetitive trauma, it is extremely important to determine the correct beginning date. Even if you continue working with a repetitive trauma injury, it is not the last day that you work that is the beginning of your Statute of Limitations. It is the day in which your injury and its involvement with your job became apparent.

Even if you think it is too late, that you have missed your deadline, you really ought to talk to a workers’ compensation attorney. You may still be able to file a claim. There may still be hope. A workers’ compensation attorney will give you the best advice on what options are available to you.

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Filed under: Workers Compensation — Tags: , , , , — james @ 9:55 pm

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Third Party Claims for Injuries on the Job

You have been involved in an accident on the job in which you sustained injuries. You believe that the accident was not the fault of you or your employer. You believe someone other than you or your employer was responsible for the accident on the job that caused your injuries. You believe it was due to a third party.

What can you do to be compensated for your injuries that were caused by a third party? What are you allowed to do? What options are open to you?

All states except Texas

In every state other than Texas, with few exceptions, all employers have to be covered by workers’ compensation insurance. If your accident on the job occurred in Texas, you need to find out if your employer has workers’ compensation insurance.

If your employer is carrying workers’ compensation insurance, a workers’ compensation claim should be made. The purpose of workers’ compensation is to pay medical bills, lost wages and certain other benefits to workers who have been injured on the job while doing their duties for their employer.

You are eligible for these benefits no matter whose fault the accident was that brought about your injuries. In almost all cases, fault is not a determining factor when it comes to getting workers’ compensation benefits.

Your only remedy

Even if your accident on the job was due to the negligence of your employer, your are not permitted to sue your employer. Workers’ compensation benefits are your only remedy when it comes to your employer.

This is not the case, however, when it comes to a third party other than your employer being at fault for the accident on the job that resulted in your injuries. When it is a third party that is at fault for an accident on the job, you may be able to sue them for losses that have been brought about by their negligence.

This is referred to as a third party claim. In a third party claim, you are usually allowed to make a personal injury claim against the party who was responsible for your injuries that resulted from the accident on the job.

Personal injury claim

A personal injury claim is a claim that is brought by an individual who has received some type of negligent damage. It is brought against whoever is responsible for this negligent damage. In this case, it is a third party.

In regard to workers’ compensation claims, your are limited to the amount and kind of monetary compensation that you are allowed to recover. This is not the case with a third party personal injury claim.

Third party claims

In a third party personal injury claim, you are permitted to sue for damages that go far beyond what you can receive from workers’ compensation. You are usually allowed to sue for things like suffering, pain, disability and emotional distress.

The laws regarding third party personal injury claims for injuries brought about by an accident on the job vary from state to state. The best thing to do is to contact a workers’ compensation attorney. A workers’ compensation attorney will look into your case thoroughly and see if you should file a third party personal injury claim, as well as getting workers’ compensation benefits.

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Filed under: Work Injuries — Tags: , , , — james @ 8:08 pm

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Can My Employer Ask Me to Submit to an Independent Medical Examination

You were hurt in an accident on the job. The accident happened out of and during the course of your job for your employer. The accident resulted in you sustaining injuries that have brought about a large amount of medical expenses, and you are still not able to return to work.

Thankfully, your employer has workers’ compensation insurance. You reported your accident to your employer, and a workers’ compensation claim was made. Your claim was approved, but now your employer and/or his insurance company wants you to submit to having an independent medical examination (IME).

Important questions

Does your employer have a right to ask you to do this? Do you have to submit to an independent medical examination? Will you lose your workers’ compensation benefits if you do not submit to an independent medical examination?

Your employer and/or his workers’ compensation insurance company does have a legal right to ask you to submit to an independent medical examination. Usually, the reason why you are asked to do this is to see if you really have an injury, and is the injury as bad as you say it is. Also, they are wanting to see if your injury was really from an accident that was job-related, or was it due to some other reason.

What the insurance company is doing

You have to remember. The insurance company is paying out money for your medical expenses and lost wages. They want to see if you are really injured and unable to work. Of course, they are hoping that the independent medical examination will show that there is nothing wrong with you, and they will be able to stop paying you benefits.

Although it varies from state to state, in many states, if you want to continue receiving your workers’ compensation benefits, you are required to submit to an IME.

In most instances, you should submit to an independent medical examination. If you are not faking an injury, and you are injured like you say you are, you should not have anything to worry about.

Do not fake an injury

While it is true in many instances that it is not truly an independent, neutral medical examination because it is the insurance company’s doctor that is doing it, you should tell the truth, and do not exaggerate or fake your injuries. Be clear on your injuries, and explain why they prevent you from doing your job duties.

In some cases, the doctor who performs an IME may be what you may think of as a “hired gun” for the insurance company who is going to say what the insurance company wants to hear, “no matter what”. You cannot stop an unethical person from doing this, but, in most instances, the doctor who does an independent medical examination is a legitimate doctor who will give his honest opinion on whether you are injured and need to be treated.

Being asked to submit to an independent medical examination is one of the reasons why it is always a good idea to have a workers’ compensation attorney representing you. A workers’ compensation attorney will see that all of your rights are protected and you receive all of the workers’ compensation benefits that are rightfully yours.

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Filed under: Workers Compensation — Tags: , , — james @ 1:07 pm

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What if I Want to See Another Doctor

You have been injured in an accident at work while performing your duties as an employee for your employer. Your employer is covered by workers’ compensation insurance, and a workers’ compensation claim has been filed.

Two Questions

However, there is a problem. For one reason or another you are not satisfied with the doctor who is treating you. You would like to see another doctor. Does workers’ compensation allow you to see another doctor, and if so, “Is your employer responsible for paying another doctor?”

The answer to these two questions depends on the state that you live and work in. This is because workers’ compensation and the way that it is administered is not the same in every state. Here are some examples:

In Texas – You are allowed to pick the doctor who treats you, but that doctor has to be willing to accept workers’ compensation insurance. The thing that may make this difficult is that doctors have been treated so unfairly by insurance companies in Texas that many doctors will not accept a workers’ compensation case. You are also allowed to change doctors in Texas, but you have to do so in the proper way according to workers’ compensation laws in Texas.

In Arkansas – You have to go to the doctor that your employer or your employer’s insurance provider picks out. If you are not satisfied with the doctor, you are allowed to request a change through your insurance adjuster, or you can write to the Workers Compensation Commission in Arkansas and request a change of doctor.

In Louisiana – You have the right to choose one treating physician in any specialty or field that is deemed medically necessary. After making this initial choice, you have to get prior consent from your employer’s insurer if you want to change the doctor within that same specialty or field who is treating you.

In California – You can pick your doctor if you predesignated a doctor with your employer. If not, you have to see your employer’s doctor for the first 30 days. Then, you are permitted to switch to a doctor of your choice.

In Mississippi – Your employer is allowed to determine who will treat your injury right after the accident takes place. However, you are then allowed to be treated by a doctor of your choice or one that your employer chooses. You can change doctors, but your employer or his insurer has to pre-approve the change. If your choice of doctors is denied, you have to apply to the Workers’ Compensation Commission in Mississippi for approval of a change.

You can change doctors

The important thing to notice in each of these examples is that if you follow the procedure that is approved by workers’ compensation laws in each state for changing doctors, you are allowed to change doctors, and your employer’s insurer is responsible for paying that doctor.

Because workers’ compensation laws are different in each state, it is wise to secure the services of a workers’ compensation attorney. A workers’ compensation attorney will make sure that you do everything in accordance with the workers’ compensation laws in your state.

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Filed under: Workers Compensation — Tags: , , , — james @ 2:20 pm

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Hurt on the Job Because of a Fall in Wyoming

Your job may involve the risk of accidents. Have you been hurt on the job because of a fall in Wyoming?

Did your fall on the job in Wyoming produce serious injuries? Are these injuries going to keep you from working for an extended period of time? What about your lost wages and medical bills.

Your Wyoming employer

Does your Wyoming employer have workers’ compensation insurance? Is your Wyoming employer exempt from having to have workers’ compensation insurance?

In 1915, the Wyoming legislature passed the Wyoming Workers’ Compensation Law. The Wyoming Workers Safety and Compensation Division is the agency that governs all workers’ compensation in Wyoming.

What you need to be aware of is that workers’ compensation insurance is required by law for all Wyoming employers whose work involves extra-hazardous occupations. All other Wyoming employers do not have to have workers’ compensation. However, the list for extra-hazardous occupations is long and complicated. It is spelled out by Wyoming state statutes.

For Wyoming employers of extra-hazardous occupations, there are no waivers or numerical exceptions in regard to workers’ compensation. However, sole proprietors, corporate officers and partners are excluded from coverage.

State fund in Wyoming

The State of Wyoming operates an exclusive state fund. Employers must purchase workers’ compensation insurance from this state fund. No private insurance or self-insurance is allowed in Wyoming.

If you were hurt on the job because of a fall in Wyoming, you need to find out if your employer has workers’ compensation insurance. If he does, workers’ compensation should take care of your medical bills and pay you for lost wages.

If your Wyoming employer is not required to have workers’ compensation insurance, he may still have elected to purchase this coverage to guard against a civil lawsuit in the case of accidents and injuries to his workers. If not, your Wyoming employer may still offer to pay your medical bills and compensate you for lost time at work.

Getting all of your benefits

If your Wyoming employer has workers’ compensation insurance, he may still try to test the law by giving you less benefits than you have coming to you, or he may try to keep you from filing a workers’ compensation claim. If this is the case, you will need the advice and representation of a workers’ compensation attorney in order to get the workers’ compensation benefits that you deserve in Wyoming.

If your Wyoming employer is exempt from providing workers’ compensation, you may need the help of a workers’ compensation attorney in filing a civil lawsuit. The civil lawsuit would need to prove that your Wyoming employer was at fault for you being hurt on the job because of a fall. The reason for this is because unlike workers’ compensation which is a no fault type of insurance, a civil lawsuit determines the exact cause of your accident and who was at fault. A judge then renders a verdict that is based on the evidence that is presented.

You may have several questions concerning being hurt on the job because of a fall in Wyoming. The attorneys here will fight for your rights and do all that they can to see that you are adequately compensated for your injuries.

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Filed under: Work Injuries,Workers Compensation — Tags: , , — james @ 3:46 pm

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Injured in Colorado Due to a Fall at Work

Accidents happen in the workplace. Have you been injured in Colorado due to a fall at work?

What type of injuries did you receive when you were injured in Colorado due to a fall at work? Are these injuries keeping you from working? Have you missed a lot of time at work? Are you disabled as a result of your injuries? Do you have high medical bills?

If you were injured in Colorado due to a fall at work, the answers to these questions will greatly affect your future. The answers to these questions will make a big difference to you and your family.

Workers’ compensation claim

Did you file a Colorado workers’ compensation claim? Is Colorado workers’ compensation assisting you?

In 1915, the Colorado General Assembly passed the Colorado Workers’ Compensation Act. This Act made it a mandate that Colorado employers would give wage replacement and pay for medical care for their workers who were injured on the job. Workers’ compensation would then be the exclusive remedy for an injured worker in exchange for this protection.

In Colorado, workers’ compensation comes under the heading of the Department of Labor and Employment. It is regulated by the Division of Workers Compensation within the Colorado Department of Labor and Employment.

Purpose of workers’ compensation

Workers’ compensation in Colorado is in place to assist workers who have been injured on the job. In fact, the intent of the Colorado general assembly in regard to the Workers’ Compensation Act of Colorado is stated as being “to assure the quick and efficient delivery of disability and medical benefits to injured workers at a reasonable cost to employers.

In Colorado, workers’ compensation is mandatory, with no exemption for employers with a small number of employees. However, there are some waivers that are allowed.

An employer in Colorado has four options when it comes to workers’ compensation insurance. A Colorado employer may insure through the competitive state fund, use a private carrier, insure through groups of employers or be self-insured.

Benefits

If you were injured in Colorado due to a fall at work, you may have several workers’ compensation benefits that you are entitled to. These include:

Medical treatment of your injuries without monetary or time limits
Reimbursement of mileage to and from physicians’ appointments that includes lost wages and mileage costs
Death and burial cost given to your family in the event of your death because of injuries sustained on the job
Replacement income benefits.

In many cases, it is replacement income benefits that form the major part of Colorado workers’ compensation claims. This may be true for you if you were injured in Colorado due to a fall at work.

Replacement income benefits in Colorado are available in four different ways. These are:

Temporary partial disability benefits (TPD)
Temporary total disability benefits (TTD)
Permanent partial disability benefits (PPD)
Permanent total disability benefits (PTD).

Has your Colorado employer refused to file a workers’ compensation claim for you? Are you not sure what you should do? Do you have questions concerning workers’ compensation benefits that you may be entitled to in Colorado?

A workers’ compensation attorney will work for you. They will answer your questions and work hard to see that you get all of the workers’ compensation benefits that are rightfully yours in Colorado.

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Filed under: Work Injuries,Workers Compensation — Tags: , , — james @ 2:56 pm

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Injured in a Fall While Working in Idaho

No matter how careful you are, an accident can happen while you are working. Have you been injured in a fall while working in Idaho?

Important questions

What kind of injuries did you have in your fall while working in Idaho? Were they minor and superficial, or were they major and disabling? When will you be able to return to work? Will you be able to return to work? Have the injuries that you sustained resulted in your disability?

These are questions that are extremely important if you have been injured in a fall while working in Idaho. The answers to these questions are also greatly important to you.

Are you getting workers’ compensation benefits because of being injured in a fall while working in Idaho? Do you know about workers’ compensation in Idaho?

The Workers Compensation Act was established in Idaho in 1917. It is Title 72 of the Idaho Code.

The Idaho Industrial Commission is the state agency that has been established by the Idaho Code to enforce and carry out the workers compensation law in Idaho. This includes:

Providing information to all parties concerning their responsibilities and rights, reviewing settlements and closing documents and assisting in dispute resolution to assure Idaho workers of receiving appropriate benefits

Assisting in the rehabilitation of injured workers and enabling them to return to compatible work that is as close to their pre-injury status and wage as possible

Managing appeals that have been filed and complaints, in addition to resolving medical fee disputes that have been filed by workers compensation payors and healthcare providers

Making sure that all Idaho employers are in compliance with the workers compensation law in Idaho.

You should know that in Idaho, all employers, with few exceptions, are required by law to carry workers compensation insurance. This means that your employer should have filed a First Report of Injury (FROI) form no later than 10 days after you were injured in a fall while working in Idaho.

Did your employer do this for you? Are you receiving the workers compensation benefits that are due you in Idaho?

Depending on the nature and extent of your injuries, there are several workers compensation benefits that you may qualify for in Idaho. Some of these are:

Hospitalization
Permanent physical impairment (PPI)
Surgery
Doctor visits
Partial temporary disability (TPD)
Psychological counseling
T.E.N.S. units
Permanent and total disability (PTD)
Spinal column stimulators
Total temporary disability (TTD)
Prescription medications
Diagnostic studies
Permanent disability in excess of physical impairment (PPD > PPI)
Physical therapy
Sympathetic nerve blocks
Chiropractic care
Epidural steroid injections (ESI).

As you can see, there are many Idaho workers compensation benefits that you may be entitled to. Has your Idaho employer denied you these workers compensation benefits? Did your employer refuse to file a workers compensation claim?

You can get help. The attorneys here will be in your corner. They will do their best to see that your rights are protected. They will make sure that you get all of the workers compensation benefits that you are entitled to in Idaho.

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Filed under: Work Injuries,Workers Compensation — Tags: , , — james @ 5:00 pm

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Injured Due to a Fall at Work in Utah

All sorts of accidents take place in the work world. Have you been injured due to a fall at work in Utah?

If you were injured due to a fall at work in Utah, there are several issues that may concern you. Among these are lost pay, possible disability, missing work and medical expenses.

Posted information

You probably know about workers’ compensation for injuries that occur at work in Utah. This is due to the fact that employers are required to post information about workers’ compensation and filing a workers’ compensation claim in the work place.

Utah’s system of workers’ compensation is known as workman’s comp. The system of worker’s compensation is compulsory for employers, although a few exemptions do exist.

Utah employers can be covered with workers’ compensation insurance in one of three ways. An employer may acquire workers’ compensation insurance from a private insurance provider, a competitive state fund, or your employer can be self-insured.

Helps you and your employer

Workers’ compensation in Utah is intended to help both you and your employer. Workers’ compensation helps you when you are injured at work. It helps your employer because you do not get to instigate a lawsuit against your employer because of your injuries.

Utah workers’ compensation laws provide you with full medical benefits if you are injured due to a fall at work. These medical benefits have no monetary or time limitations.

In order to receive workers’ compensation benefits, you have to tell your employer about your accident as soon as possible. Your employer then has to file an Employer’s Report of Injury or Illness form with the Utah Workers Compensation Fund and the Utah Labor Commission.

Your employer in Utah selects the doctor who does the first examination after you have been injured due to a fall at work. After this initial examination, you can make one choice of a doctor that you want to see.

Disability benefits

If your fall at work in Utah causes you to be temporarily totally disabled, you may receive a part of your wages for as long as 312 weeks. If you are permanently totally disabled, you may receive a portion of your wages for the rest of your life if you cannot be rehabilitated.

If your fall at work in Utah brings about permanent partial disability or total temporary disability, you may receive a percentage of your wages. Death benefits are also available to a surviving spouse, or spouse and children in Utah.

If you have been injured due to a fall in Utah, has your employer denied you your right to receive workers’ compensation benefits. Has your employer told you that you are not eligible to receive workers’ compensation benefits, or has your employer refused to fill out the workers’ compensation claim forms for you. Has your Utah employer threatened to fire you if you file a workers’ compensation claim?

If this is the case, you need to contact one of the attorneys here. The attorneys here will work for you. The attorneys here will do everything that is possible to enable you to receive all of the workers’ compensation benefits that you deserve in Utah.

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Filed under: Work Injuries,Workers Compensation — james @ 8:45 pm

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Injured in a Fall on the Job in Nevada

Accidents happen. All to often, they occur on the job.

Were you in an accident at work? Were you injured in a fall on the job in Nevada?

Important questions

If you have been injured in a fall on the job in Nevada, how serious are your injuries?
How much time will you have to miss at work? When will you be able to go back to work? How are you going to be able to handle your medical bills?

Are the injuries that you sustained in a fall on the job in Nevada going to cause you to be disabled? Will you be permanently or temporarily disabled? Is you disability partial or total? These are important questions for you to consider if you were injured in a fall on the job in Nevada.

Did you file a claim for workers’ compensation benefits when you were injured in a fall on the job in Nevada? Are you aware that you have a “right” to obtain workers’ compensation benefits when you suffer an injury at work?

Required in Nevada

In Nevada, workers’ compensation is referred to as workmans’ comp. Although there are a few employers that are exempt, nearly all Nevada employers are compelled to carry workmans’ comp insurance. This is true even when an employer only has one employee.

Your Nevada employer can get workmans’ comp insurance from Nevada licensed insurance carriers. Your employer can also decide to be self-insured by the Nevada Division of Insurance.

Workmans’ comp is a kind of “trade-off “. By law, your Nevada employer cannot stop you from obtaining these benefits. However, you cannot sue your Nevada employer because you receive these benefits.

Nevada workmans’ comp laws allow you to obtain permanent total or partial disability, vocational rehabilitation, part of your salary while you cannot work, medical treatment for your injuries and benefits to your family should you die from injuries received in an accident at work. However, in order to obtain these workmans’ comp benefits in Nevada, you have to put in a workmans’ comp claim.

Let your supervisor know

When you are injured in a fall on the job in Nevada, you should let your supervisor know about the accident as soon as you are able to. Your supervisor should then give you the forms that have to be filed in order for you to obtain your workmans’ comp benefits in Nevada.

Workmans’ comp laws in Nevada do not permit you to go to your doctor for treatment. If you want to obtain workmans’ comp benefits, you have to be evaluated by an authorized medical provider who is a member of the Panel of Treatment Physicians and Chiropractors in Nevada.

If you were injured in a fall on the job in Nevada and your employer has tried to keep you from filing for workmans’ comp benefits or his insurance company has denied your claim, the attorneys here can help. They will be in your corner and make sure that your rights are protected. The attorneys here will work to see that you obtain all of the workmans’ comp benefits that you have coming to you in Nevada.

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Filed under: Work Injuries,Workers Compensation — Tags: , , — james @ 2:06 pm

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Injuries From a Fall While You Were Working in Washington

Have you been in an accident on the job? Have you suffered injuries from a fall while you were working in Washington?

Are you injuries from the fall while you were working in Washington going to cause you to miss time at work? Are you going to be disabled from these injuries for a long period of time? Where will you get the help that you need?

Washington workers’ compensation

Did you know that Washington was the first state in the United States to create a workers’ compensation program? The state of Washington is also unique in that employers in Washington cannot buy private workers’ compensation insurance.

In Washington, an employer has to buy workers’ compensation insurance from the Washington State Department of Labor & Industries. This state agency oversees and pays workers’ compensation benefits from an insurance pool that is known as the Washington State Fund.

An employer in Washington can choose to be self-insured if that employer meets certain state requirements. Your workers’ compensation rights and benefits are not different if your employer is self-insured. However, it is your employer who does your paperwork and pays for your workers’ compensation claim when your employer is self-insured.

Filing a claim

Do you know how to go about filing a Labor & Industries claim for your injuries from the fall? It is a simple matter.

You go to a doctor who handles Labor & Industries claims and tell the doctor that you suffered injuries from a fall while you were working. Then, both you and the doctor fill out a form that is called a Report of Industrial Injury or Occupational Disease (ROI).

Your doctor should file this report for you with the Department of Labor & Industries if it is a state fund case or with your employer in self-insured cases. If you are not sure whether your case is state fund or self insured, have the report sent to Labor & Industries and they will figure it out for you. The Department of Labor & Industries has to pay for your first visit to the doctor.

One thing that you need to be aware of is that your employer may try to suppress your Labor & Industries claim. This can be done in several different ways. These include:

Inducing you to treat your injury that happened while you were working as if it occurred off the job
Inducing you to not report your injuries
Threatening to fire you if you file a claim
Telling you that you do not need to file a claim, that they will take care of it
Trying to get you to put your accident on your health insurance
Telling you that if you file a claim you will cause all of your co-workers to lose their incentive bonus for keeping work place accidents down.

If your employer is trying to suppress your Department of Labor & Industries claim or your claim has been denied by this agency, you need the assistance of one of these attorneys. These attorneys know workers’ compensation laws in Washington and they will work hard to see that you are given all of the workers’ compensation benefits that are rightfully yours.

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