McClure Law Group
  • Home
  • Contact
    • Contact Us
    • Bankruptcy Evaluation
    • Virtual Meetings
    • Upload Files
    • Blog
  • Practice Areas
    • Bankruptcy
      • Overview
      • Chapter 7
      • Chapter 11
      • Chapter 13
      • Facts
        • Foreclosure Defense / Rehabilitation:
        • Second Mortgage Lien Avoidance
        • Driver’s License Restoration
        • Student Loans
        • Personal Injury and Bankruptcy
        • Inheritances and Bankruptcy
        • Bankruptcy Eligibility for Discharge
      • Forms
    • Personal Injury
      • Truck / Auto Accidents
      • Slip and Falls
      • Dog Bite
        • Most Dangerous Dog Breeds
    • Elder Law (Trusts, Wills, Probate)
      • Wills
      • Trusts
      • Probate
      • Forms
    • Fair Credit Consumer Protection Act (FRCPA)
      • Forms
    • Fair Credit Reporting Act (FCRA)
      • Forms
    • Worker Compensation
      • On the Job Injury
      • Re-injury
      • Permanent Total Disability Benefit
      • Permanent Partial Disability Benefit
      • Pension
      • Third Party Liability
      • Forms
      • Links – Worker Compensation
    • Immigration Lawyer
  • Testimonials
  • About Us
    • Staff
      • Mark McClure – Managing Attorney
      • Ian Hatch – Bankruptcy Case Manager / Paralegal
      • Lorrie Judd – Litigation Support Paralegal
      • Maria Cruz – Interpreter / Paralegal
  • (253) 631-6484
  • No Obligation Consultation
  • Make Payment
  • Menu Menu

Practice Areas

On the Job Injury / Occupational Disease

Each worker injured in the course of his/her employment, or that arises out of employment, shall receive workers’ compensation benefits. Meaning the employee must be acting at the employer’s direction or in furtherance of the employer’s business. Employees’ are covered during his/her lunch period while on the premises of the employers’ business or work process in which the employer is then engaged.

Industrial Insurance covers travel time to or from work only if the employer provides the means of transportation, reimburses for transportation costs, or receives some benefit as a result of the commute.

Benefits Available for Worker’s Injured on the Job

If an employee suffered a work-related injury or disease and their claim is accepted by the Department or self-insurer, then industrial insurance is available to:

  • Pay for medically necessary treatment for hospital, doctor visits, surgery, medication, and other health care services such as crutches, artificial limbs, glasses, and hearing aids.
  • Reimburse for travel expenses if a worker must travel more than 15 miles one-way to receive adequate health care services, vocational services, or retraining.
  • Replace a percentage of wage loss while the worker’s injury prevents him or her from returning to work.
  • In certain cases, provide vocational and retraining services, and return-to-work assistance.
  • Provides permanent partial disability awards to workers who sustain permanent loss of bodily function.
  • Provides pensions to workers who can never return to work or to the families of workers who die due to a work-related injury or disease.
  • Pays for home, vehicle, and workplace modification.

Time Limitations for Filing an Industrial Insurance Claim

For a claim to be valid and compensable, an injured worker must file an injury claim with Department of Labor & Industry within one year after the day upon which the injury occurred, or for an occupation disease, within two years following the date the worker had written notice from a physician or licensed advanced registered nurse practitioner of the existence of his/her occupational disease, and that a claim for disability benefits may be filed. Claims for hearing loss due to occupational noise exposure must be filed within two years of the date of the worker’s last injurious exposure to occupational noise in employment or within one year of September 10, 2003, whichever is later. A claim due to hearing loss that is not timely filed can only be allowed for medical aid benefits.

Employers and employees both have the right to appeal the determinations made by the Department to the Board of Industrial Insurance Appeals. The Board is a quasi-judicial agency which operates in the same manner as a court and applies the same rules of civil procedure and evidence. Deadlines are critical and an employer/employee typically has 60 days after receipt to object or appeal a decision or from the Department. Failure to respond will forever bar the employer/employee from challenging the decision/order.

Determining Work-Relatedness for Occupational Diseases

When a sudden traumatic event producing immediate injury occurs on a specific date, work-relatedness is rarely disputed by the Department. However, occupational disease cases generally need a logical, causal link between the diagnosed disease or infection and the worker’s job. Examples of occupational diseases include occupational carpal tunnel syndrome and noise-induced hearing loss. Since these conditions may arise from many sources, including non-work related activities simply identifying an association with workplace activities is not, in itself, adequate evidence of a causal relationship between the job and the injury. To establish a diagnosis of a work-related injury or condition the following criteria must be met:

    A physician must present an opinion that work conditions, on a more-probable-than-not basis (a greater than 50 percent chance), are the cause of the illness or have temporarily or permanently aggravated a pre-existing condition; AND

  • Objective medical findings must support the diagnosis; AND
  • The disease must arise “naturally and proximately” out of employment.

If you have been injured in an accident at work or if you have an occupational illness, you deserve protection.  Call our office today to talk Attorney Mark McClure.

Call 253-631-6484.  We don’t get paid unless you get paid.

Call Now or Enter Your Info Below for Your FREE Case Analysis

Simply enter your info below or call (253) 631-6484 so we can help get creditors off your back, and get you back on track.

     

    Contact Your Local Kent Bankruptcy Attorney Today!

    We Are Professional Bankruptcy Attorneys And We Will Solve Your Creditor Problems.

    Call now and speak with one of our bankruptcy attorneys and we will fight for you to help you start over and build a new life without all the threatening phone calls.

    This consultation is absolutely free and we will answer any and all questions you may have.

    Video

    Washington Workers Comp Lawyer

    On Job Injury

    Re-Injury

    Permanent Total Disability Benefit

    Permanent Partial Disability Benefit

    Pension

    Third Party Liability

    Forms

    Links – Worker Compensation

    Learn More

    BANKRUPTCY

    Overview

    Chapter 7

    Chapter 13

    Chapter 11

    Facts

    Learn More

    WILLS AND TRUSTS

    Wills

    Trusts

    Probate

    Learn More

    PERSONAL INJURY

    Auto / Truck Accidents

    Slip and Falls

    Dog Bite

    Most Dangerous Dog Breeds

    Learn More

    MEDICAL MALPRACTICE

    Standard of Care

    Expert Witnesses 

    Subrogation

    LEARN MORE

    We are the best reviewed Bankruptcy, Personal Injury, and Probate Law Firm in the US.

    If you want to be represented by the best law firm for your case then do not hesitate and write us a mail!

    Get in touch

    Service Areas

    Bankruptcy

    Auburn

    Black Diamond

    Bonney Lake

    Burien

    Covington

    Des Moines

    Federal Way

    Fife

    Kent

    Lea Hill

    Maple Valley

    Milton

    Pacific

    Puyallup

    Renton

    Seattle

    Seatac

    Sumner

    Tacoma

    Tukwila

    Personal Injury

    Auburn

    Black Diamond

    Bonney Lake

    Burien

    Covington

    Des Moines

    Federal Way

    Fife

    Kent

    Lea Hill

    Maple Valley

    Milton

    Pacific

    Puyallup

    Renton

    Seattle

    Seatac

    Sumner

    Tacoma

    Tukwila

    Probate

    Auburn

    Black Diamond

    Bonney Lake

    Burien

    Covington

    Des Meoines

    Federal Way

    Fife

    Kent

    Lea Hill

    Maple Valley

    Milton

    Pacific

    Puyallup

    Renton

    Seattle

    Seatac

    Sumner

    Tacoma

    Tukwila

    L & I

    Auburn

    Black Diamond

    Bonney Lake

    Burien

    Covington

    Des Moines

    Federal Way

    Fife

    Kent

    Lea Hill

    Maple Valley

    Milton

    Pacific

    Puyallup

    Renton

    Seattle

    Seatac

    Sumner

    Tacoma

    Tukwila

    Disclaimer :
    This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Mark McClure is licensed to give legal advise in the state of Washington only.

    Private Policy Statement:
    Law Office of Mark McClure, PS will not sell or rent to anyone the information you provide us. The Law Office of Mark McClure, PS is a law firm and must protect client confidentiality and the attorney-client privilege.

    mcclure

    Home | Services| Sitemap | Contact

    Copyright © 2012-2019 McClure Law Group. All Rights Reserved.
    1103 W Meeker St #101 Kent, WA 98032 • (253) 631-6484

    Scroll to top

    This is a notification that can be used for cookie consent or other important news. It also got a modal window now! Click "learn more" to see it!

    OKLearn More

    Cookie and Privacy Settings



    How we use cookies

    We may request cookies to be set on your device. We use cookies to let us know when you visit our websites, how you interact with us, to enrich your user experience, and to customize your relationship with our website.

    Click on the different category headings to find out more. You can also change some of your preferences. Note that blocking some types of cookies may impact your experience on our websites and the services we are able to offer.

    Essential Website Cookies

    These cookies are strictly necessary to provide you with services available through our website and to use some of its features.

    Because these cookies are strictly necessary to deliver the website, refuseing them will have impact how our site functions. You always can block or delete cookies by changing your browser settings and force blocking all cookies on this website. But this will always prompt you to accept/refuse cookies when revisiting our site.

    We fully respect if you want to refuse cookies but to avoid asking you again and again kindly allow us to store a cookie for that. You are free to opt out any time or opt in for other cookies to get a better experience. If you refuse cookies we will remove all set cookies in our domain.

    We provide you with a list of stored cookies on your computer in our domain so you can check what we stored. Due to security reasons we are not able to show or modify cookies from other domains. You can check these in your browser security settings.

    Other external services

    We also use different external services like Google Webfonts, Google Maps, and external Video providers. Since these providers may collect personal data like your IP address we allow you to block them here. Please be aware that this might heavily reduce the functionality and appearance of our site. Changes will take effect once you reload the page.

    Google Webfont Settings:

    Google Map Settings:

    Google reCaptcha Settings:

    Vimeo and Youtube video embeds:

    Accept settingsHide notification only