Denied benefits for back injury in Washington What happened next

Have you faced challenges claiming benefits after an injury aggravated, leaving you financially burdened? In Washington, many encounter these hurdles. Understanding the law is crucial for effective resolution. This article explores Hubbard v. Department of Labor Industries, offering insights into navigating benefit claims.

Situation

Situation Example

In Washington State, there was a worker, let’s call him Mr. Smith, who had a rather interesting career journey. Originally, Mr. Smith was a talented taxidermist, someone who preserves animals and makes them look lively. One day, while working, he had an accident that injured his back. This injury was serious enough that he couldn’t continue his taxidermy work. To manage his livelihood, Mr. Smith retrained and found a new job as a photo lab technician. Years went by, and his old injury began to bother him more and more, affecting his daily activities. Mr. Smith thought he should get more benefits because his condition got worse. He believed his current job earnings should be compared to what he used to earn as a taxidermist before the injury. This way, he hoped to get compensated for the difference.

Verdict

The court decided in favor of the Department of Labor and Industries of Washington State. The ruling was that Mr. Smith was not entitled to additional benefits for the loss of earning power. The court required him to show evidence of a temporary total disability or an actual loss of earning power because of his injury’s worsening. Since he failed to do so, he did not receive extra compensation. This decision was aligned with the case precedent set by Washington No. 67632-1.

Solution

Immediate Actions

If you find yourself in a situation like Mr. Smith’s, it’s important to know what steps to take right away. First, gather all medical records and documents related to your injury. This evidence is crucial in proving how your condition has worsened. Next, consider talking to a lawyer who specializes in industrial insurance claims. They can help you understand your rights and guide you on the best course of action. It’s also wise to keep your employer informed about your condition, as transparency can help in case any work adjustments are needed.

Filing and Submission Tips

To file a claim for additional benefits, you need to be meticulous with paperwork. Start by completing the necessary forms provided by the Department of Labor and Industries. Ensure that you include detailed information about your injury, how it’s worsened, and any medical treatments you’ve received. Once filled, submit the forms promptly. Delays can affect the outcome of your claim. If you’re uncertain about the process, a legal expert can assist you in ensuring that all documentation is accurate and submitted correctly.

Negotiation and Settlement Strategies

Negotiating a settlement with your employer or their insurance provider can sometimes be more beneficial than pursuing a lawsuit. Begin by understanding what you’re entitled to under the law. Then, approach your employer or their insurer with a clear explanation of your situation, backed by medical evidence. Be open to discussion and willing to compromise where reasonable. Having a lawyer can significantly aid in negotiations, ensuring that your interests are protected and that you reach a fair settlement.

FAQ

What is LEP?

LEP stands for Loss of Earning Power. It’s a type of benefit for workers who return to work but earn less because of an injury.

Difference between LEP and PPD?

LEP compensates for temporary wage loss, whereas PPD, or Permanent Partial Disability, is for long-term or permanent loss of function or earning power.

What does Aggravation mean?

Aggravation refers to the worsening of a previous injury, which might lead to reopening a worker’s compensation claim.

When can a claim be reopened?

A claim can be reopened if there’s an objective worsening of a prior injury, potentially allowing for medical benefits and reassessment of disability status.

How do you qualify for LEP benefits?

To qualify for LEP benefits, a worker must show a temporary total disability or a decrease in earning power due to the injury’s aggravation.

How is LEP calculated?

LEP benefits are calculated based on the difference between the worker’s pre-injury earning power and current earning power, if it’s reduced.

What is the difference between Permanent and Temporary Disability?

Permanent disability results in long-term compensation, while temporary disability provides short-term wage replacement until recovery or stabilization.

What is RCW 51.32.090?

This statute outlines the conditions and calculations for temporary disability benefits, including LEP, under Washington’s Industrial Insurance Act.

What does Double Recovery mean?

Double recovery refers to receiving both PPD and LEP benefits for the same loss of earning power, which is generally prohibited.

Are there similar cases to this one?

Yes, cases like Davis v. Bendix Corp. have addressed similar issues, focusing on the relationship between LEP and PPD benefits and preventing double recovery.