New WA State Workers’ Comp Laws

As many of you may know big changes have been made in our State Workers’ Compensation laws this legislative session. The major piece of this, you may have already heard about – is the provision for Claim Resolution Structured Settlement Agreements (CRSSAs), basically a way for employers and the Department of Labor & Industries to get claims off their books more cheaply and quickly.

While there are some very minor and limited protections in the law; injured workers need to be very careful with this and definitely consult an experienced workers’ compensation attorney if they are even considering entering into one of these agreements with the Department of L&I or Self-Insured Employer.

By entering into one of these agreements, the injured worker may get some fast cash, but they will be giving up not only immediate benefits they would otherwise be entitled to, but very important and critical benefits they otherwise would have received if they did not enter into one of these agreements.

Highlights/lowlights from the new option for “Claim Resolution Structured Settlement Agreements” (CRSSAs).
• Allows certain injured workers to initiate “claim resolution” with structured settlements in order to pursue work or retirement goals independent of the workers’ compensation system in exchange for permanently giving up all their rights and benefits for all time on the claim except medical treatment.

• Starting 1/1/12, IWs who are at least 55 years old on or after 1/1/12, 53 years old on or after 1/1/15, or 50 years old on or after 4/1/16, may choose from the following:
a) Continue to receive all benefits they are entitled to under Title 51 RCW;
b) Participate in vocational retraining if eligible; or
c) To initiate and agree to a resolution of their claim with structured settlement

• The parties (defined as claimant, employer and DLI) to an allowed claim may initiate and agree to resolve a claim with a structured settlement for all benefits other than medical treatment.

• CRSSA’s once final cannot be appealed or changed: A CRSSA that meets the conditions of this new law and that becomes final and binding (after the expiration of the 30 day revocation period) is binding on all parties as to its terms and the injuries or occupational diseases to which the agreement applies. A CRSSA that becomes final and binding is not subject to appeal.

• Claims resolved by CRSSA may be reopened for medical treatment only! Claims closed pursuant to a CRSSA can be reopened pursuant to RCW 51.32.160 for medical treatment only. This means an injured worker who succeeds in reopening a claim “resolved” under a CRSSA because their condition got worse, will not be able to get time loss compensation (wage replacement), will not be able to get any increased permanent partial disability award and/or will not be eligible for pension/total permanent disability benefits under the same claim or claims for which a CRSSA has been approved by the Board and has become final. This is true no matter how much worse the condition under the “resolved” claim has become, you are sunk!

• Short term gain ($$) may = probable long term and significant loss of rights and benefits!

• If you take one thing away from reading this blog entry, it should be: CONSULT AN EXPERIENCED WORKERS’ COMPENSATION ATTORNEY BEFORE YOU SIGN AWAY YOUR RIGHTS FOR CASH.
Note: These changes take effect immediately after the Governor signs the bill into law, which is expected to happen very soon.

Written by: Andy Myers, Attorney

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Do You Have PIP Insurance on Your Auto Policy?

I have been helping injured drivers financially recover from auto accidents for 25 years and consequently, am often asked about car insurance. One coverage available to drivers in Washington State that I ALWAYS recommend is PIP Coverage (Personal Injury Protection).

What is PIP coverage?
PIP pays your medical expenses and a portion of lost wages resulting from injuries related to the use of a vehicle. It’s a “no-fault” coverage, meaning you are entitled to the benefits no matter who caused the accident. That means medical bills get paid immediately, without having to litigate who is responsible. The coverage has no co-pays or deductibles, and you can see any doctor you want!

It’s a great coverage, because it begins paying your medical bills immediately regardless of whether the person that hit you has insurance. There are two common coverage amounts in Washington: $10,000 of medical care for up to one year, or $35,000 of medical care for up to three year’s coverage.

Do you need PIP if you already have health insurance?
Yes. Most health insurance policies require co-pays and have deductibles. They also limit the number of visits for certain types of providers. PIP does not have these requirements or limits. Anything that is “reasonable” is covered. Furthermore, PIP also pays for a portion of lost wages (80% up to $200/wk or $700/wk, depending on which coverage you pay for). If you suffer a serious injury, you will be very glad you have this coverage!

For liability coverage, the amount you should buy depends on your personal assets. The more net worth you have, the more important it is to have high insurance limits to protect you. For people with substantial assets, I would suggest minimum coverage of $500,000, plus an umbrella on top of that of another $1,000,000.

My advice is to get a premium quote and buy the most PIP coverage you can afford!

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Foro Legal Gratuito / Free Legal Forum

May 14, 2011 – 12pm – 3pm
Host: Horacio Ahumada
Iglesia Ministrerios Ebenezer
2721 196th St. SW, Lynnwood, WA 98036

Lo invito hacer su preguntas al abogado Larry Lehmbecker sobre daños corporales o accidentes en el trabajo.
Come ask Larry Lehmbecker your personal injury and workers’ comp questions!

http://www.radioluzseattle.com/

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Win for Injured Worker from Woodinville

“After a full year of fighting, Lehmbecker Law got me a full year of back time loss [wage loss]. I couldn’t be happier or more relieved. This will make such a difference in my life. Now we are working on my vocational plan. Lehmbecker Law has been there for me and I will recommend them to anyone who needs help with an L&I claim.”–Aimey M., Woodinville, WA

We are passionate about helping the injured. We are dedicated to providing superior customer service and securing great results for our clients.

More about Workers’ Comp.

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Kirkland Chiropractor Experiences Whiplash & Insurance Co. Nightmare

Car accidents are common. Most people I know have been rear-ended at some point in their lives. I’m writing this article in an attempt to educate people on how to handle a whiplash accident from the moment after their car accident to how they converse with their insurance agents to where to go to seek treatment regarding their injuries.

I will start with a brief story about my experience as a victim of a minor whiplash accident. I was in a car that was rear-ended by another car going 15 mph. After the accident I called the insurance adjustor and they asked me a series of questions. I remember being very flustered from the accident and they went right into the specific details of the incident. They asked me “do you have any injuries?” I responded I don’t think so.

The next morning I woke up with a severely stiff neck. I wasn’t sure what the procedure was next so I went to see my Doctor. He told me going to see a Doctor of Chiropractic was my best option. It seemed pretty simple, I received treatment from a talented chiropractor for 2 months. During that time we restored my previous neck alignment, decreased my pain levels and stopped my headaches. I thought it was a closed case, my personal injury protection section form insurance should have been paid.

I received a call from my insurance representative and she informed me my medical bills were not going to be paid because I must have lied about my whiplash condition. This conclusion was come to because I answered the question “do you have any injuries? ” with the response I don’t think so. This was 8 minutes after my accident. Current research shows your elevated adrenaline after an auto case can mask pain.

Insurance adjustors assumed I was dishonest about my injuries which was not true. I ended up having to go through an independent medical exam, get an attorney and fight the insurance company. Ultimately I won and my chiropractic bills were paid and I was actually given a large sum of money for my pain and suffering.

I want people to know how careful you have to be while conversing with insurance adjustors after a whiplash accident. They may try and get you to admit you are okay in order to protect their company from paying any of your medical bills.

Please be careful not to tell insurance adjustors you are completely healthy after a whiplash accident until you get checked out by a medical professional.

Please don’t go through what I did, be careful with what you say.
Dr. Ben Baker, DC

http://www.primespines.com/whiplash

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Video: Good for AIG, not for you

Watch Now: Video Good for AIG, bad for you

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The evidence is clear I-1082 is not good for you – Vote No on I-1082

Many of our major newspapers have come out against this insurance industry initiative aimed at exploiting injured workers and small business in what would be an unregulated profit market for the insurance companies. The evidence is clear Washington has one of the most effective, efficient and least costly Workers’ Compensation systems in the country. Here are some resources to read for yourself. Vote No on I-1082.

The Olympian editorial board opposes I-1082. This is a must-read. The last sentence says it all: “It would benefit insurance companies at the expense of small business owners and injured workers. Vote ‘no’ on Nov. 2.”
Initiative would eliminate valuable oversight of workers’ comp – Editorials – The Olympian – Olympia

Americans for Insurance Reform study
I-1082 would increase costs, reduce benefits

Everett Herald / HeraldNet
No: Flawed initiative bad for small businesses

Seattle PI Endorsement
I-1082 – Boon to BIAW, bad for workers

Real Change News
Commentary: Vote no on I-1082 to protect small businesses

Seattle Times
Economy, lawsuits hammer at BIAW

Yakima Herald
Businesses speak out against I-1082

KVEW-TV Kennewick
Small business owners hope to defeat I-1082

Seattle PI reader blog
Initiative 1082 Would Bankrupt Long-Term Care

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A hostile takeover attempt of Washington’s public-run, non-profit workers’ compensation system

I’d like to share some information about an upcoming political issue that should be of great concern to those who work in Washington State. Initiative 1082 is a hostile takeover attempt by insurance companies to privatize workers’ compensation insurance. If this initiative passes, the now neutral and unbiased workers’ compensation program run by the State of Washington will be replaced by a system run by out-for-profit, private insurance companies.

As someone who works in Washington State, you understand the importance of keeping our non-profit workers’ compensation system sound and paying appropriate benefits to people who deserve to be compensated after a work-related injury.

Please DECLINE to SIGN any I-1082 signature forms – doing so will help keep it off the ballot and keep our workers’ compensation system safe.

Thank you for your help in defeating this unfair initiative.

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What to do after a car accident

After a car accident remember these tips:

  1. Remain calm and non-confrontational.
  2. Call the police and ask that the officer files a police report. If an officer is not able to respond, go to a police station and file an accident report within 72 hours of the incident.
  3. Obtain the vehicle driver’s insurance information, address, phone number and license plate number.
  4. Request the name, phone number and address of every witness.
  5. Take care of yourself—make sure you seek any necessary medical treatment.
  6. Take photographs of the accident scene, your injuries, and all other involved vehicles.
  7. Do not give a statement to the vehicle driver’s insurance without first consulting us.
  8. Do not rush into any settlement until you know the full extent of your injuries and rights—contact us for a complimentary consultation.
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