If you received a decision from the Washington State Department of Labor & Industries (L&I) that you believe is incorrect, you have the right to file an appeal. This gives you the opportunity to formally challenge the determination and request that L&I reconsider its decision. However, it is important to understand that there are multiple steps involved with the Workers’ Compensation appeal process and strict deadlines that must be followed at every level of appeal. It is crucial to ensure that you follow the procedures and adhere to the necessary timeframes to ensure you don’t inadvertently harm your case and lose benefits that you might be entitled to receive.

What Are Common Reasons to File an Appeal with L&I?

It is not uncommon for L&I to make mistakes with its decisions. For instance, L&I may deny a claim due to administrative errors, lack of evidence, or incorrect facts. Some common reasons to file a Workers’ Compensation appeal can include the following:

• You were denied medical treatment
• L&I calculated your time loss benefits incorrectly
• Your existing benefits were terminated
• Your claim was rejected or denied entirely by L&I
• Your application to reopen your claim was rejected
• You disagree with an ability to work determination
• You disagree with your permanent partial disability rating

How Long Do You Have to File a Workers’ Compensation Appeal?

You only have a limited amount of time to file a Workers’ Compensation appeal; otherwise, L&I’s decision will become final. Typically, after you have received a written decision, you have 60 days to file a written protest with the Department of Labor & Industries or an appeal to the Board of Industrial Insurance Appeals. You may appeal to the Board of Industrial Insurance Appeals directly without first filing a written protest with L&I. In these cases, the Board will notify L&I and provide them with an opportunity to reconsider. If L&I does not reconsider its original decision, the Board will schedule a hearing for the appeal where your attorney can present evidence and testimony to show that L&I’s decision was incorrect.

Contact an Experienced Washington Workers’ Compensation Attorney

If L&I has issued an unfavorable decision, it is critical to have an attorney by your side who can guide you through the process of filing a Workers’ Compensation appeal and protect your rights every step of the way. The Bellingham Workers’ Compensation attorneys at Robinson & Kole provide trusted representation to injured workers throughout Washington State and work to obtain the best possible results in every case. Contact us today for a free consultation by calling 360-671-8112 or by using our online contact form. Se habla Español.