Workers’ Compensation can be complex and confusing. And, there is a lot at stake when mistakes are made, like time loss payments, medical treatment, and claim acceptance. A frequently asked question is “how long do I have to report a workplace injury?” Here is the answer from our injury attorneys at Althauser Rayan Abbarno, LLP.
Reporting an Injury to the Employer
According to RCW 51.28.010, “Whenever any accident occurs to any worker it shall be the duty of such worker or someone in his or her behalf to forthwith report such accident to his or her employer, superintendent, or supervisor in charge of the work, and of the employer to at once report such accident and the injury resulting therefrom to the department pursuant to RCW 51.28.025 where the worker has received treatment from a physician or a licensed advanced registered nurse practitioner, has been hospitalized, disabled from work, or has died as the apparent result of such accident and injury.”
Althauser Rayan Abbarno attorneys recommend the injury be reported to the employer immediately and the injured worker seek a medical evaluation immediately to determine the severity of injury. For a FREE workers’ compensation consultation with our attorneys in Centralia or Olympia call (360) 736-1301 or E-Mail us TODAY at [email protected]
Filing a Claim with the Department of Labor and Industries
There are two kinds of claims that can be filed with the Department of Labor and Industries; an industrial injury and an occupational disease. Each has a different statute of limitation to file a valid claim.
Industrial Injury
An industrial injury is a “sudden and tangible happening of a traumatic nature producing an immediate or prompt result occurring from without, and such physical conditions as a result therefrom.” Pursuant to RCW 51.28.050, an industrial injury claim must be filed within ONE YEAR of the date of injury to be valid. This is a strict statutory limitation.
Call Althauser Rayan Abbarno, LLP for a FREE Injury consultation at in Centralia, Olympia, or Virtually.
Occupational Disease
Pursuant to RCW 51.28.140, an occupational disease means “such disease or infection as arises naturally and proximately out of employment under the mandator or elective adoption provision of the title.” Claims for occupational disease must be filed by the injured worker within TWO YEARS following the date the worker was provided written notice from a medical provider of the disease AND that a claim for disability benefits may be filed.
Legal Representation
There are a lot of issues between the injury, reporting, and filing a claim. There are a lot of issues after, like claim acceptance, time loss compensation, medical treatment, disability payments, pension, re-openings, etc. Having experienced legal representation is important.
For a FREE consultation in Centralia or Olympia with our Workers’ Compensation attorneys, call Althauser Rayan Abbarno, LLP at (360) 736-1301, visit CentraliaLaw.com, or E-mail us at [email protected]
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