L&I Claim: 3 Challenges and 2 Pitfalls explained
When you live in Washington and you want to make a claim for workers’ compensation, you file what is known as a Labor and Industries compensation claim. The claim is handled by the Washington State Department of Labor & Industries, but you will have to find representation on your own.
Often, an attorney is necessary in a Washington State l&i case. This is because your employer will always bring their own attorneys to the table, in order to fight against your case. The more successful your lawyer is, the more money you will win. Unfortunately, compensation claims are a little like a game of chess.
With this in mind, we drummed up three challenges and 2 pitfalls that you might face if you decided to proceed with an L&I claim.
3 Challenges of L&I Claims
Several things make your L&I claim challenging. Use the following as a guide.
Challenge 1 – An employer with Captive or Self Insurance
Those employers that have their own insurance programs stand as pillars of warning to all attorneys everywhere. If they can afford self-insurance, they have saved money somewhere. Usually, that saving is made by not paying out to workers like you. If you need to make an L&I claim, this is the primary reason you will be advised to get representation.
Challenge 2 – Moody Claim Managers
If you do not get off on the right foot with your Claims Manager, you could be in trouble. They are reasonable people who ought to be unbiased, but like it or not they all have favorites. If they do not like you, they can seriously impact the quality and success of your claim.
Challenge 3 – Being Fired
It is completely unethical for a firm to fire those with an open L&I claim but that does not mean it will not happen. Be sure to make your claim worth it, and do not let your attorney forget that you want a pension, too. Employers that fire you will try to smear you, this can be a challenge but, if you can prove that is what they are doing, you can make it work in your favor.
2 Pitfalls of L&I Claims
There are two major drawbacks to claiming for L&I, but both can be overcome if you are deeply committed and have a solid case.
Drawback 1 – It is easy to ruin your case
There are lots of things that can ruin your L&I case if you are not careful. The best thing you can do is listen to your lawyer. They will advise you one what to say and what not to say. They will also keep you from going back to work too soon or saying too much, either of which can go against you in court.
Drawback of L&I Claims 2 – Your Employer will Fight Back
Nobody in their right mind would accept an adverse judgement against them. Your employer is likely to already have a legal team to hand, ready for cases just like yours. This means that if you try to pursue an employer on your own, without legal protection, your case is not likely to succeed.
Should you Make an L&I Claim?
If you have been injured while in the course of your work, you need to take the chance. A lawyer will get you the money you need to successfully recover from illness and injury. Go back to work in your own time, not on theirs, it is the least you deserve for your trouble.
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