You picked up a box at work; felt a ‘pop’ and immediate pain. Did you report it to your employer? When must you file a workers’ compensation claim to receive treatment and benefits?
You have ONE YEAR from the date of incident to file a claim with the Department of Labor and Industries to receive treatment and benefits for your injury. Don’t wait for treatment or benefits. FREE No Obligation Legal Advice.
One of the biggest obstacles to a valid workers’ compensation claim is time. Too often the injured worker seeks legal advice too late, failed to file a timely claim, or did not establish the necessary elements from Day 1. That is why our injury attorneys at Althauser Rayan Abbarno offer free consultation for injured workers.
Peter Abbarno, Attorney and Partner with Althauser Rayan Abbarno
According to RCW 51.08.100, an injury is a sudden and tangible happening, of a traumatic nature, producing an immediate or prompt result, and occurring from without, and such physical conditions as result therefrom. This means, you feel fine and all of a sudden you hear a pop, feel acute pain, break a bone, tear a tendon, get hit by falling debris, etc.
The Industrial Insurance Act interprets an “injury” liberally for the benefit of the worker. It is important from Day 1 to establish evidence of the incident, extent of the injury, necessary treatment, and need for benefits. Don’t wait.
According to RCW 51.08.140, an “occupational disease” is such disease or infection as arises naturally and proximately out of employment under the mandatory or elective adoption provisions of this title. Generally, an occupational disease happens over time from continuous exposure in the workplace, i.e. repetitive motion leading to joint damage, asbestosis, carpal tunnel, etc.
A claim for an occupational disease must be made within two years following the date the worker is provided written notice from a physician of the existence of the disease that a claim for disability benefits may be filed.
There are a lot of factors and exceptions to consider when filing a claim for an injury and occupational disease. For a FREE no obligation injury consultation with Althauser Rayan Abbarno in Centralia or Olympia, call (360) 736-1301.