Time Loss Compensation Laws in Washington State

Hourglass, sandglass, sand timer, sand clock with dollar sign. Visual concept for legal blog discussing Time Loss Compensation Laws in Washington State.

If you suffered a workplace injury or occupational illness, you may be unable to return to your employment due to your physical restrictions and limitations. Although they are not the equivalent of a paycheck, time loss benefits in Washington can be crucial to those who need to make ends meet while they are out of work. This compensation is paid by the Washington State Department of Labor & Industries (L&I) or from an employer when a worker is unable to perform the job they were hurt at.

What are Time Loss Benefits?

Time loss benefits in Washington are meant to provide financial support to those who are unable to work because of an injury sustained on the job or an occupational disease. The Washington State Department of Labor and Industries (L&I) issues these payments to help ensure a portion of a worker’s wages are replaced.

How Much are Time Loss Payments?

L&I does not pay as much for time loss benefits as you would receive in your regular paycheck. Specifically, time loss benefits are compensated between 60% and 75% of the wage you were earning prior to the workplace injury. The amount of compensation issued depends upon several factors, including your marital status, the number of dependents you have, and your gross wage at the time you were injured.

The first three days you are unable to work after an injury are considered a “waiting period.” This means you are not entitled to time loss payments for the first three days following your injury (including the date you were injured) unless you continue to remain disabled on the 7th day after the date of the injury. If you are still disabled at that time, you would then be eligible for time loss compensation for the first three days.

Under What Conditions May Time Loss Benefits End or Continue?

If your workplace injury or occupational disease prevents you from returning to work on a continuous basis, time loss benefits are often paid every 14 days. To receive ongoing benefits, you must be receiving regular medical treatment for your condition. In addition, your medical provider is required to submit medical reports to support your inability to work. They must include their medical findings, along with a curative treatment plan, and your recovery prognosis.

Time loss benefits may terminate upon one of three situations:

  • You have been released to return to work at full duty
  • A vocational assessment has found that you are employable at a different job
  • You have returned to work on your own

How Does a Worker Qualify for Time Loss Benefits?

In order to qualify for time loss benefits in Washington, several criteria must be met. First, your workplace injury or occupational disease claim must be accepted by L&I. Next, you must have a doctor certify that you are unable to work because of your injury or illness. The medical provider can complete an “Activity Prescription Form,” which outlines your physical limitations and specifies the activities you can and cannot perform.

Additionally, you will need to verify that you are not currently working because of your illness or injury. This is done by submitting a “Work Status Form” to L&I. On this form, you are required to provide details about your current employment status and any activities — such as volunteer work or self-employment — that could affect your eligibility to receive time loss benefits.

Contact an Experienced Washington Workers’ Compensation Attorney

The process of filing a Workers’ Compensation claim — and pursuing time loss benefits — can be confusing and overwhelming. It is essential to have an attorney on your side who can help you navigate the process. A diligent Workers’ Compensation attorney can assist you with filing an L&I claim and help ensure you secure the maximum compensation you are eligible to receive.

The Bellingham Workers’ Compensation attorneys at Robinson & Kole provide skillful representation to injured workers throughout Washington State and work to obtain the best possible results in every case. We welcome you to contact us for a free consultation by calling 360-671-8112 or by using our online contact form. Se habla Español.