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How do I get paid for my on the job injury? L&I approved case but not being paid?

Tacoma, WA |

In September 2011 I was working as a CNA (nursing assistant), While on the job a patient of mine weighing over 480 pounds fell on me and caused serious back injuries. I've been out of work, lost my home, car and had to sell pretty much everything I own to keep a roof over my childs head. I filed a claim with L&I and it has been approved however Im noting being compensated. I am STILL seeing Dr's for my back, I've had MRI and I have nerve damage causing constant pain and I urinate on myself at times. I am only 23 year years old and a mother I CANNOT continue to live this way and I don't believe its fair that I have lost everything for something that was out of my control.

Attorney Answers 7

  1. Contact Grady Martin at (206) 452-1261 right away.

  2. I'm sorry to hear about your back injury. I would recommend you search Avvo for a workers compensation lawyer in your city and call for representation. Good luck.

    Free Consultation. 1-877-258-3083. Serving the Nation. Only 29% Fee Deducted.

  3. You need to consult with an L&I attorney as soon as you can. A good attorney will look at your case and facts and work to get you payments. I would suggest the Palace law firm in Tacoma.

  4. If your claim has been accepted and you are not working due to the injuries sustained because of the work related injury, then you should be receiving timeloss compensation benefits. You need to make sure that your doctor is filling out and submitting Activity Prescription Forms to the Department as medical certification is needed to receive timeloss compensation. Also, you need to make sure that you are filling out and submitting Worker Verification Forms to the Department.

  5. Benefits to compensate you for lost wages are called "timeless" benefits. You should try to make sure that your attending physician has certified to DLI that your injury is preventing you from working. There are specific forms that your doctor should complete for this purpose. He or she should provide the specific dates that you have been unable to work and objective medical findings supporting your inability to work. After this has been done, additional steps may be necessary to actually make DLI start paying you timeless benefits and any other benefits you are entitled to.

  6. I'm so sorry to hear about your injury and its consequences. If your doctor will certify that you have been unable to work as a result of your on the job injury, you are entitled to time loss compensation benefits from the date you became unable to work until you are released to return to work. If your doctor is unwilling to do this, you may need to find another doctor. There are some excellent doctors in Tacoma who can help you properly document your injury and your inability to work.

    Please call me, or another attorney experienced with L&I to discuss your claim in more detail. Most attorneys who do this work will not charge for that first meeting and, if they take your case, will not require payment until you're receiving benefits.

    Sue Holm
    Leonard W. Moen & Associates
    947 Powell Ave SW, Suite 105
    Renton, WA 98057

    Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.

  7. Even an allowed case take a little while to get on track. Time loss benefits are not paid for the first 3 days, but if your injury keeps you off work for 14 or more days, and your doctor certifies this, then the benefits go all the way back to Day 1. Most CNA's work for Self Insured Employers, and this can create incentives for employer to delay or deny Time Loss. If it's been more than a couple weeks since certified by your doctor, you should ask L&I to intervene, or get a Workers Comp lawyer to help you.

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