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Madel and Smith Law Office, PLLC
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Third-party Action

Under such a third-party action, you may be entitled to full compensation of all special and general damages. These damages may also include "pain and suffering" that are not covered under your workers' compensation claim. Our Spokane attorneys are experienced in handling third-party claims, and will aggressively pursue all the financial relief you are entitled to for your injury.

Does it matter if it was my fault the workplace injury occurred?

No. Under Washington State Law, workers’ compensation provides sure and certain relief for injured workers and their dependents regardless of questions of fault. See RCW 51.04.010.

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Protests and Appeals to Labor & Industries Decisions

You, your employer, and your doctor all have the right to protest any decision made about your claim. Or, you may appeal directly to the Board of Industrial Insurance Appeals. Your workers compensation attorney can also assist you with protests and appeals.

L&I must receive your written protest within 60 calendar days of the date you received the decision (15 days for decisions about vocational benefits). If L&I does not receive a protest by this time, L&I’s decision is final and you lose your right to be heard. (RCW 51.52.060).

Here is a link to L&I’s protest instructions:

http://lni.wa.gov/ClaimsIns/Claims/Appeals/Instructions/

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Industrial Insurance Act

Under the Industrial Insurance Act, employers receive nearly complete immunity for liability under personal injury actions arising out of workplace injuries. However, if a "third party" (one who is not in the same employment as the injured worker) is at fault, then the injured worker may elect to personally pursue a third-party action. Common examples of third-party claims may include, but are not limited to, situations involving:

Car accidents while on the job

Accidents while working on the premises other than your employer

Work injuries sustained from a negligent contractor or subcontractor

As an Injured Worker, You Are Entitled to Potential Benefits
Medical Benefits

Workers' compensation covers the costs of medically proper and necessary treatment related to the industrial injury or exposure. Costs typically covered may include but are not limited to, expenses for providers, hospitals, surgeries, medication, dental care, home nursing care, equipment and prosthesis.

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Facts about Workers' Compensation Claims:

Does it matter who was at fault for the workplace injury or exposure?

No. Washington workers’ compensation provides sure and certain relief for injured workers and their dependents regardless of questions of fault. See RCW 51.04.010.

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