Appealing a Denied Workers' Comp Claim in Washington
The deadline to challenge a denied workers' comp claim in Washington, where to file, and the steps from hearing to appeal.
Short answer: A worker or other person aggrieved by an order, decision or award of the Department of Labor and Industries must file a notice of appeal with the Board of Industrial Insurance Appeals and the director within 60 days from the day the order was communicated. Rev. Code Wash. §§ 51.52.060(1)(a), 51.52.104, 51.52.110
| Deadline to challenge a denial | A worker or other person aggrieved by an order, decision or award of the Department of Labor and Industries must file a notice of appeal with the Board of Industrial Insurance Appeals and the director within 60 days from the day the order was communicated. After hearings, an industrial appeals judge issues a proposed decision; a party has 20 days (or any extension allowed) to file a petition for review with the Board. A party aggrieved by the Board's final decision, or by its denial of review, may appeal to superior court within 30 days after it is communicated. |
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| Appealing a denial | A worker who disagrees with an L&I decision may send a written protest to L&I within 60 days of receiving it, or appeal directly to the Board of Industrial Insurance Appeals. An appeal to the Board must also be sent within 60 days of receiving L&I's decision. The Board, which is independent of L&I, holds hearings and issues a written decision, which can be appealed to Superior Court. Attorney fees are limited by law. |
| Deadline to file a claim | An injury claim must be filed within one year after the day of the injury. Occupational disease claims must be filed within two years of receiving written notice from a health care provider that the condition exists and is work-related. |
Where to get help in Washington
More Washington workers' compensation
- Filing a Workers' Comp Claim in Washington
- How Much Workers' Comp Pays in Washington
- Workers' Comp Settlements in Washington
- Retaliation for Filing Workers' Comp in Washington
- Suing Over a Work Injury in Washington
- All Washington workers' compensation rules
FAQ
How long do you have to appeal a denied workers' comp claim in Washington?
A worker or other person aggrieved by an order, decision or award of the Department of Labor and Industries must file a notice of appeal with the Board of Industrial Insurance Appeals and the director within 60 days from the day the order was communicated. After hearings, an industrial appeals judge issues a proposed decision; a party has 20 days (or any extension allowed) to file a petition for review with the Board. A party aggrieved by the Board's final decision, or by its denial of review, may appeal to superior court within 30 days after it is communicated.
How do you appeal a denied workers' comp claim in Washington?
A worker who disagrees with an L&I decision may send a written protest to L&I within 60 days of receiving it, or appeal directly to the Board of Industrial Insurance Appeals. An appeal to the Board must also be sent within 60 days of receiving L&I's decision. The Board, which is independent of L&I, holds hearings and issues a written decision, which can be appealed to Superior Court. Attorney fees are limited by law.
What is the deadline to file a workers' comp claim in Washington?
An injury claim must be filed within one year after the day of the injury. Occupational disease claims must be filed within two years of receiving written notice from a health care provider that the condition exists and is work-related.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.