Learn about the benefits available in Washington for a work-related accident or sickness, how the state determines the amount of those benefits, and if you may claim workers’ compensation if you contract COVID-19 on the job.
If you were hurt or fell ill while working in Washington, you may be eligible for workers’ compensation benefits, which include medical care and reimbursement for lost income.
This article describes how the most essential workers’ compensation payments in Washington are calculated and how much you could earn. (To get these benefits, you must submit a workers’ compensation claim and demonstrate that your injury or sickness is work-related.)
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In Washington, may you get workers’ compensation for COVID-19?
To receive COVID-19 workers’ compensation benefits in Washington, you must demonstrate that (1) the specific conditions of your job created an increased risk of contracting the disease when compared to everyday life or most other jobs; (2) you would not have contracted the illness if it hadn’t been for your job; and (3) you can identify a source or event at work that resulted in exposure to the coronavirus. Most workers would struggle to achieve all of those conditions in the event of a pandemic. According to a COVID-19 Q&A from the Washington State Department of Labor & Industries (L&I), workers’ comp claims for COVID-19 will be dismissed if the condition was acquired incidentally at work or was common to all jobs—for example, if you got the virus from a colleague.
However, if you are a healthcare professional or first responder, it will be simpler to demonstrate that your employment was especially dangerous and that you were exposed to the virus while treating or coming into close contact with an infected patient. In addition, under an L&I policy modification, healthcare personnel and first responders who are quarantined after occupational exposure to COVID-19 may obtain workers’ compensation benefits, including time-loss payments (described below).
Benefits for Temporary Disability (“Time-Loss”) in Washington State
If you can’t work at all while recuperating from an accident or sickness, or if you can only work with limitations that reduce your earning potential, you’re entitled to benefits that replace a portion of your lost wages. These benefits, known as “time-loss compensation” in Washington, do not begin until the fourth day following your accident, unless your temporary incapacity lasts at least 14 days.
Time-loss benefits will be paid until your pre-injury earning capacity is recovered or your doctor thinks that your condition is unlikely to improve even with further medical care.
Benefits Calculation for Temporary Total Disability
If you are unable to work fully, time-loss benefits are calculated based on your typical monthly gross income at the time of your accident, which includes pay, health benefits, bonuses, and tips. Depending on your marital status and number of dependents, you will get 60% to 75% of that income.
However, there is a minimum and maximum for time-loss compensation that adjust yearly, depending on a percentage of the preceding calendar year’s statewide average monthly pay. The highest monthly wage-loss payout for the 12-month period commencing July 1, 2021 is $7,674 (120% of the statewide average), while the minimum is $959 (15% of the statewide average).
Benefits Calculation for Partial Temporary Disability
If you are able to return to work but cannot make as much as you could before your accident, you may be eligible for a partial wage-loss compensation equivalent to 80% of the gap between your current income and your pre-injury earning potential. These payments are subject to the same maximum and minimum limits as total temporary disability payments; there is also a cap on the total amount you may receive in earnings plus partial wage-loss benefits (based on 150% of the statewide average monthly wages).
Washington State Permanent Disability Benefits
After your medical condition has stabilized, you will be examined to determine whether or not your accident or sickness has resulted in permanent impairment and, if so, to what degree. You may be eligible for a permanent partial disability award or a permanent whole disability pension depending on the degree of your condition.
Awards for Permanent Partial Disability
If your accident or illness has left you with certain permanent impairments, you may be eligible for a permanent partial disability (PPD) award. L&I releases a yearly schedule that determines the amount of compensation for damage to certain body parts, organs, and physiological systems based on the severity of impairment and the date of your accident.
The schedule states the amount of an award for total lost function or amputation of that body part for impairments to eyes, hearing, and limbs; payments for partial loss will be a percentage of that sum, according to the degree of lost function.
Typically, you will get your PPD reward in a single sum, however awards exceeding a particular amount will be paid out in monthly installments over time.
Pensions for Permanent Total Disability
Even if you are able to return to work, the following injuries may qualify you for a permanent and complete disability pension:
total paralysis of both legs or arms
full loss of use of an arm and a leg paralysis, or\s entire loss of vision.
Other severe impairments may also qualify as a complete and permanent disability, but only if they preclude you from doing any sort of employment.
The amount of your monthly pension payment is determined by the amount of time-loss compensation you would get if you were totally disabled. You may select a reduced pension to guarantee that your chosen beneficiary receives pension payments even if you die from circumstances unrelated to your workplace accident or sickness.
Other Workers’ Compensation Benefits Available in Washington
Other workers’ compensation benefits available in Washington include:
Medical advantages. Workers’ compensation covers all reasonable and necessary care for a job-related injury or sickness, with no copays or deductibles. Travel expenses to and from medical visits may also be reimbursed.
Rehabilitation for the workforce. When appropriate, you may get vocational rehabilitation programs to assist you in returning to meaningful work. These services may include retraining or assistance in obtaining a new career.
Benefits upon death. The surviving spouse is entitled to a monthly pension if an employee dies as a consequence of a work-related accident or sickness. The amount is determined by the dead employee’s pre-injury salary and the number of dependent children in the care of the surviving spouse. If there is no surviving spouse or that spouse remarries, the employee’s surviving children will get reduced pension payments until they reach the age of 18 (or 23 if they are full-time students). Workers’ compensation also covers burial or cremation costs, up to a limit depending on the statewide average monthly earnings.
Washington offers paid family and medical leave.
You may be eligible for benefits under Washington’s new Paid Family and Medical Leave (PFML) program if you had to leave work due to an accident or sickness, whether or not your condition was job-related. Under PFML, you may get up to 12 weeks of benefits worth up to 90% of your weekly salary, up to $1,327. (in 2022).
Contact a Workers’ Compensation Attorney for Assistance in Calculating Your Benefits.
If L&I denies your workers’ compensation claim or fails to pay all of the benefits you are entitled to, you should consult with a Washington workers’ compensation lawyer as soon as possible. A lawyer can assess your claim and assist you acquire the appropriate compensation.
If you’re concerned about paying a lawyer, you should know that workers’ compensation lawyers are only authorized to charge fair fees for the benefits they assist you get. In Washington, fees cannot exceed 15% of what you earn in a structured settlement agreement or 30% of the increase in your award if you settle your claim in any other manner.