Workers' compensation

All workers in Washington state, including H-2A workers, are covered by state-run insurance called workers compensation. It pays for your medical care if a medical provider finds that your injury or illness was probably related to a workplace illness or accident. Your employer probably deducts money from your paycheck to help pay for this insurance. 

Tell your supervisor that you’re hurt. If you’re seriously hurt, your employer must transport you for medical care. 

You have the right to visit a hospital or medical clinic of your choice at no cost to you if your injury happened at work. You don’t need your employer’s permission to seek medical care. 

Tell the medical provider that your injury happened at work. Tell the provider all the ways that you’re hurt. They should fill out the paperwork to open a workers’ compensation insurance claim so that your medical care will be covered. 

You can also open a workers compensation claim yourself by calling 1-877-561-3453. You need to know the name of your employer and the date of the injury. 

You have one year from the date of injury to register your insurance claim. (For occupational illnesses, you have 2 years from the date that your doctor diagnoses your illness.)

Tell your employer. If your employer is self-insured, fill out a “self-insured accident report” form. 

Get the names and phone numbers of any co-workers who witnessed your injury.

Tell your union if you’re a union member.

Once your claim is approved, you have these rights: 

• The right to receive medical care and medicine at no cost. If you’re not satisfied with your doctor, you have the right to change doctors, with the permission of your claims manager.
• The right to receive approximately 60% of your pay for the time that the medical provider determines that you can’t return to your regular work or any “light duty” work your employer offers to you during your injury. If you find that doing even the “light duty” job hurts you, talk to your medical provider about it. You’re only required to perform work that your medical provider approves. 
• The right to receive benefits for time lost at work both in the U.S. and, if you’re an H-2A worker, once you return to your home country. You may receive lower time loss benefits if you haven’t had a pattern of working year-round previously (counting work both in the U.S. and in your home country). 

Call us if you have questions about how your time loss benefits have been calculated!

• The right to look for and be represented by an attorney.
• The right to continue your claim in your home country, if you’re an H-2A worker.  

• Your claim can continue while you receive medical treatment.
• You should look for a doctor who’s approved by Labor & Industries (L&I) to continue medical treatment.
• L&I should reimburse you the preapproved cost of travel to your medical appointments.
• Be in contact with L&I to provide your correct mailing address and phone number.
• If there’s a local doctor who isn’t approved by L&I, you can complete a form to register them (your doctor can receive assistance from L&I for the registration process).

You can protest or appeal that decision. In general, you must do so within 60 days or less of getting the decision. 

If you don’t protest or appeal within the time allowed, you lose your right to do so. The decision becomes final. 

Northwest Justice Project Farm Worker Unit : Call us if you have questions about your rights or are looking for a list of attorneys who specialize in workers’ compensation. 

• Yakima Office: 311 N. 4^th St., Suite 201 Yakima, WA 98901, 509-225-0026 (FWU phone)
• Wenatchee Office: 300 Okanogan Ave. Suite 3A Wenatchee, WA 98801, 509-664-5101

Project Help,1-800-255-9752: Offers free, impartial, high-quality information to anyone with claim-specific questions or concerns, and general information about Washington state industrial insurance (workers' compensation) for work-related injuries or occupational disease.