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Washington Application to Reopen Claim Due to Worsening Condition

State:
Washington
Control #:
WA-SKU-3070
Format:
PDF
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Description

Application to Reopen Claim Due to Worsening Condition

The Washington Application to Reopen Claim Due to Worsening Condition is a form used by the Washington Department of Labor & Industries to reopen a claim due to a worsening of the original injury or illness. This application is used by individuals who have already been approved for benefits, but whose condition has worsened since the initial claim was filed. There are two types of Washington Applications to Reopen Claim Due to Worsening Condition: Form F245-494-000 for reopening a claim due to worsening medical condition, and Form F245-494-001 for reopening a claim due to a new injury or illness related to the original condition. Both forms require information about the original claim, the current medical condition, and any changes in the claimant’s ability to work. Once the form is completed, it must be submitted to the Washington Department of Labor & Industries.

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FAQ

Wage Replacement. If you miss work because of your injury and your doctor certifies you are unable to work, L&I or your self-insured employer may pay for a portion of your lost wages, called "time?loss compensation." However, the first 3 days immediately following your injury are considered a waiting period.

The workers' compensation scheme operates on mutual obligations. The employer and insurer have obligations to pay you a salary and cover the cost of your treatment. In return for accepting that salary, you must attend work and undertake duties that are medically appropriate, as indicated on your certificates.

You can apply to reopen a claim at any time, but after seven years, it is at L&I's Director's discretion whether or not benefits other than medical will be paid.

What is the L&I INJURY Statute of Limitations (SOL) in Washington State? If you have an injury on the job, you must file a Report of Industrial Injury within one year of the incident, or else you lose your right to do so. RCW 51.28.

Right to get medical care needed for treatment at no cost. Right to get time loss benefit payment if unable to work for more than 3 days. Right to turn down (decline) ?light duty? work offer unless approved by your doctor. Right to get a permanent partial disability payment if your injury is permanent.

Time limits You should get legal advice urgently if you want to claim compensation. The most common claim in a personal injury case is negligence and the time limit for this is 3 years. This means that court proceedings must be issued within 3 years of you first being aware that you have suffered an injury.

Initial payment: At least 25% of the state's average monthly wage, but no more than 6 times the state's average monthly wage. Subsequent payments: At least 25% of the state's average monthly wage, but no more than 150% the state's average monthly wage.

A waiver of subrogation means that a business and their insurance company is foregoing all rights to file suit, or seek damages, from another business.

More info

Application to Reopen Claim. Due to Worsening of Condition.Complete the form, following the attached sample. Be sure to sign and date the form. Only use this form if your medical condition has worsened, and your claim has been closed for more than 60 days. If you need to reopen a workers' compensation case in Maryland for worsening conditions, you need trusted legal counsel. Speak to us at (410) 234-0100. If you and a doctor agree that your condition has worsened, you must demonstrate that the condition is related to your on-the-job illness or injury. Do you need to reopen a workers' comp claim? A petition to reopen the claim must be filed within five years of the injury date.

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Washington Application to Reopen Claim Due to Worsening Condition