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Washington Workers' Compensation Questions & Answers
2 Answers | Asked in Workers' Compensation, Personal Injury and Civil Litigation for Washington on
Q: What to do if a flower shop refuses slip and fall claim after injury?

I was helping out at my friend's flower shop to repay a loan when I fell and broke my arm. I used my employee insurance for treatment. Now, my union is asking for a slip and fall claim to be filed, but the shop is refusing. There were no witnesses to the fall; only people who helped... View More

Emery Brett Ledger
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answered on Jun 6, 2025

Without knowing all the facts here is my best answer for now:

Since you've been injured in a slip and fall incident while helping at a flower shop and the shop is refusing to accept your claim, here are the steps to take next—especially given the added complexities of using your...
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2 Answers | Asked in Employment Law, Workers' Compensation, Civil Litigation and Personal Injury for Washington on
Q: Can I negotiate a stronger severance or return to work with legal leverage in WA, and does accepting severance waive my L&I protections?

I have been medically cleared to return to work following a work-related injury, but my employer has offered me a 'firm and final' severance package of 8 weeks base pay with no merit increase. The package includes a one-sided non-disparagement clause, waives all claims, and pressures me... View More

Brad S Kane
Brad S Kane
answered on May 10, 2025

A severance agreement is normally intended to resolve all of an employee's potential claims, except those claims that cannot be waived as a matter of law. Examples would be worker's compensation and unemployment claims.

Further, Washington's silenced no more act prohibits...
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2 Answers | Asked in Employment Law and Workers' Compensation for Washington on
Q: If a county's minimum wage goes up. Do companies have to raise their minimum wage? Or does state minimum wage apply?
Brad S Kane
Brad S Kane
answered on Jan 26, 2025

In Washington state, an employee is entitled to receive the highest city/count/state minimum wage based on the location of their work. This can get complicated, when remote work is involved. For example, if you work from home 2 days per week and where you live has a higher minimum wage than the... View More

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2 Answers | Asked in Employment Law and Workers' Compensation for Washington on
Q: If a county's minimum wage goes up. Do companies have to raise their minimum wage? Or does state minimum wage apply?
Merry A Kogut
Merry A Kogut
answered on Jan 25, 2025

Thank you for the interesting question.

In Washington State, businesses have to pay whichever minimum wage is higher—whether that’s set by the state or by a city or county. So, if a county raises its minimum wage above the state level, companies in that area are required to follow the...
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1 Answer | Asked in Employment Law and Workers' Compensation for Washington on
Q: I wasnt paid all my hours at my old job, they refused to pay me after I asked.

I had permission from my manager to skip lunch due to my i.b.s, and that it wouldn't be deducted from my hours, surprise surprise in my final paycheck every lunch was deducted and I never got paid for those hours I worked. it's a family owned business so once I reached out to h.r or... View More

Merry A Kogut
Merry A Kogut
answered on Jan 9, 2025

I'm so sorry to hear about your employment issues and health problems.

You may want to try this first - you can file a complaint with a WA State agency for free: https://www.lni.wa.gov/workers-rights/workplace-complaints/worker-rights-complaints

Your former employer is...
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1 Answer | Asked in Employment Law, Workers' Compensation and Environmental for Washington on
Q: Do I have a case against County Courthouse for toxic mold in my workplace?

After I started work at the Courthouse, I became ill. I was diagnosed with mold biotoxin illness due to water damage from a building, which the courthouse has had lots. While out on medical leave I started getting better, when I went back for one hour, my symptoms came back. My medical team and I... View More

T. Augustus Claus
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answered on Dec 27, 2023

Given your diagnosis of mold biotoxin illness and the apparent presence of toxic mold in your workplace at the County Courthouse, you may have grounds to pursue a case. The visible signs of water damage, coupled with your health deterioration upon returning to work, provide substantial evidence.... View More

1 Answer | Asked in Appeals / Appellate Law and Workers' Compensation for Washington on
Q: How to handle a petition for review on evidence error after losing a workers' compensation hearing?

I recently lost at a workers' compensation hearing where the judge incorrectly stated that admitted evidence was not admitted. The evidence was a one-page index listing items, including a weight chart for an item that caused my back injury. No specification was made that only certain items on... View More

James L. Arrasmith
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answered on Apr 11, 2025

I'm really sorry you’re dealing with this—having valid evidence ignored can feel like a major blow, especially when you're already dealing with pain and the stress of a hearing. In your Petition for Review, you should clearly state that the judge made an error by excluding or... View More

1 Answer | Asked in Appeals / Appellate Law and Workers' Compensation for Washington on
Q: Is unlisted witness testimony allowed in workers' comp hearing in WA?

In my workers' compensation claim hearing, one of the defendant's attorneys sent a letter stating that neither they nor their client would participate further, yet they attended the hearing but did not actively participate. During the hearing, a witness who was not on the participating... View More

James L. Arrasmith
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answered on Apr 11, 2025

What you're describing raises some serious concerns about fairness and proper procedure. In Washington workers’ compensation hearings, parties are generally required to disclose their witness lists in advance, especially when expert testimony is involved. The Board of Industrial Insurance... View More

1 Answer | Asked in Employment Law and Workers' Compensation for Washington on
Q: Terminated due to knee injury, denied FMLA, need legal recourse.

I have been employed for 90 days and have a previous knee injury. After being released to work, I reaggravated the injury, leading my doctor to stop me from working. I am currently under medical care. I was denied FMLA, being eligible in 10 days. My employer terminated me, stating there wasn't... View More

James L. Arrasmith
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answered on Apr 11, 2025

I’m really sorry you’re facing this—it’s frustrating and unfair to deal with health issues and job loss at the same time. Even though you weren’t yet eligible for FMLA, you may still have legal protections under other laws, like the Americans with Disabilities Act (ADA) or Washington... View More

1 Answer | Asked in Appeals / Appellate Law and Workers' Compensation for Washington on
Q: Can I cite medical literature in workers' comp review?

I recently had my workers' compensation case denied and the decision was affirmed by the Board of Industrial Insurance Appeals. The case involves my lower back pain, where an MRI showed degenerative disc disease, osteoarthritis, and a disc fissure. The defendants' expert witness stated... View More

Charles William Michaels
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Charles William Michaels
answered on Mar 9, 2025

I don't see why not...

1 Answer | Asked in Employment Law and Workers' Compensation for Washington on
Q: What can prevent a company from paying a county's set minimum wages?

Minimum wages for my county just went up. However company refuses to pay those wages. Does state minimum wages supercede a unincorporated county's wages? Or am I capable of fighting this and able to sue my company.

Brad S Kane
Brad S Kane
answered on Jan 26, 2025

You can file a complaint for failure to pay minimum wage with the Washington state Department of Labor and Industries at:

https://lni.wa.gov/workers-rights/wages/minimum-wage/

1 Answer | Asked in Personal Injury and Workers' Compensation for Washington on
Q: After an industrial workplace incident I was rendered 100% sterile. Do I have a possible Workers Comp Claim?

I am now sterile because of a workplace incident. Also injured my leg/foot. This was within a year. Doctor said I might not have a case as I can still make testosterone but not sperm. Friends suggested I pursue a workers comp claim for something called Partial Permanent Disability. Do I have a case?

Robert Gregg
Robert Gregg
answered on Nov 4, 2024

There are many variables to this question, and answering whether or not you have a case is not something that is easily done without a consultation. Most attorney's that practice in workman comp claims will offer a no cost consultation. It would be best to contact an attorney in your local... View More

Q: When minor's get paychecks and have to pay the taxes isn't this taxation without representation?

I'm 16, and whenever I receive a paycheck, I lose about $25 to $30 due to taxes. This made me think about the Constitution and how this feels like textbook taxation without representation. I’ve done some research, and taxation without representation describes someone who is required to pay... View More

James L. Arrasmith
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answered on Sep 25, 2024

You’re right that taxation without representation historically refers to being taxed by a government without having a say in its decisions. In your case, you’re paying taxes, but because you’re under 18, you can’t vote yet, which might seem like you’re not being represented.... View More

1 Answer | Asked in Workers' Compensation for Washington on
Q: If there wasn't a permit pulled for Commercial Roof repair how can I determine which Contractor is liable for injuries?!

I fell thru a unprotected skylight while on the job and although neglect & safety codes were obviously unmet there appears to be a ghost Contractor on the involved...

John Michael Frick
John Michael Frick
answered on Aug 19, 2023

If you fell while on the job, your first and best recourse is to file a workers compensation claim against your employer. If you were an individual independent contractor, you should file with your own workers compensation carrier.

1 Answer | Asked in Employment Law and Workers' Compensation for Washington on
Q: found out my manager has been getting his pay docked whenever the owner decides too many people called out. That Legal?

I work at a glassblowing studio where everyone works 40 hours a week of constant physical labor, it regularly gets above 100 degrees and many safety precautions are often not put as top priority. Needless to say call outs happen occasionally.

I recently found out that my wonderful manager... View More

Brad S Kane
Brad S Kane
answered on Jul 22, 2023

An employer may not discipline an employee by "docking" their earned pay. The manager should speak with an employment attorney about their rights.

1 Answer | Asked in Workers' Compensation for Washington on
Q: When should I hire an attorney to appeal a permanent partial disability claim?

Was awarded workers comp for acute leukemia caused by chemicals. Had several permanent physical changes (kidney issues, permanent ostomy, ostopenia, heart issues, sterile) due to extensive treatment and bad reactions to treatment. Workers comp only awarded PPD for one of the physical changes... View More

Steve Dashiak
Steve Dashiak
answered on Aug 18, 2021

I say this as someone who is not a workers comp attorney: Please, never go through a WA workers compensation claim without an attorney again. It's possible you've left an enormous amount of money on the table. People get fee sensitive when thinking about workers comp attorneys, knowing... View More

1 Answer | Asked in DUI / DWI, Employment Law, Personal Injury and Workers' Compensation for Washington on
Q: How do I know that I need a lawyer?

I live in Kirkland, WA and am not currently employed.

Tim Akpinar
Tim Akpinar
answered on Oct 4, 2020

A Washington attorney could advise best, but your post remains open for four weeks. From the brief description, it isn't clear what the matter involves, as it is posted across several categories. For starters, if you were injured (you posted under Personal Injury), you could reach out to... View More

1 Answer | Asked in Employment Law, Workers' Compensation and Employment Discrimination for Washington on
Q: Should I file EEOC and sue?

My employer cut my hours and days due to my "negative energy" aka my depression. It has never affected me with my clients but my coworkers were "concerned" and told my manager who the district leader told her to cut my hours without talking to me before doing so.

Kyle Anderson
Kyle Anderson
answered on Jun 10, 2020

I would recommend reaching out to an employment attorney in your state for a consultation. Your depression may qualify as a disability under the Americans with Disabilities Act, so an adverse employment action (pay cut, termination, etc.) taken on the basis of your depression may be unlawful.

1 Answer | Asked in Employment Law, Tax Law, Workers' Compensation and Business Law for Washington on
Q: Can I sue for getting paid under the table?
Tim Akpinar
Tim Akpinar
answered on Oct 5, 2019

It would depend on what the basis of the lawsuit was, but an attorney in each of the categories you list could probably advise you on the downside of working off the books. Maybe one of the most pressing issues is workers' comp coverage for an on-the-job injury. Good luck

Tim Akpinar

1 Answer | Asked in Workers' Compensation for Washington on
Q: Looking for an attorney willing to go up against Boeing and their private insurer, Sedgewick.

Need someone who can help facilitate the dealings with Sedgewick, who is Boeing's private insurer, because they can't seem to get things right on a case that has been going on for 10+ years. Had 5 foot surgeries 10+ years ago. Finally got fixed with 5th one. About 1-1/2 years ago,... View More

Tim Akpinar
Tim Akpinar
answered on Jul 27, 2019

I'm sorry for your frustrating ordeal. Maybe the best thing to do at this point would be to start looking up workers' comp attorneys in the Seattle area (if that's where you are, based on being employed by Boeing). Many of them provide free initial consults. You could look up... View More

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