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I have an L&I claim with regard to an amputated thumb due to a work injury at no fault of my own.

Seattle, WA |

After approximately 3 weeks off, I returned to work with instructions from my surgeon to modify my hours as well as my duties. During the last two months of my employment, my employer worked me against my surgeon's instructions. My injury has worsened and I was laid off on June 3 - employer's reason being that they had no work fitting my Dr.'s instructions. Currently, I have an open L&I claim. My question is: "Do I have a case?"

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Attorney answers 2

Best Answer

Yes, you have a case. Please contact an attorney experienced in workers compensation in Washington. Your time loss benefits should restart now that you've been laid off because your employer does not have work for you within your restrictions. If you haven't done so recently, please return to your doctor both to document any worsening due to the work you did AND to certify your eligibility for continuing time loss. This would be a great time to get an attorney.

Please call me or another experienced workers' compensation attorney.

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.


You were working modified duty and have now been laid off because of your injury. This means that you may be entitled to Loss of Earning Power Benefits and are probably entitled to Time Loss Benefits.

An attorney like myself will ask you questions about the status of your workers' compensation claim, what formal legal orders have been issue, when orders were issued, whether orders have become final or have been appealed, your employment status, and your medical status.

If appropriate, an attorney might get a copy of your entire claim file to review it in detail. He or she will then be able to explain to you what is going on, what additional benefits you might be entitled to, and whether you would benefit from actually having an attorney represent you. This type of consultation and claim review should be done free of charge.

222 3RD Avenue North
Edmonds, WA 98020
phone: (425) 744-1220
facsimile: (425) 744-0464