Retaliation for Filing Workers' Comp in Washington
Whether an employer in Washington can fire or punish you for filing a workers' comp claim, and what you can do.
Short answer: No employer may fire or discriminate against an employee for filing or announcing an intent to file a workers' compensation claim, or for exercising rights under the workers' compensation law (though employers can act for other reasons, such as safety-rule violations). RCW 51.48.025
| Retaliation for filing | No employer may fire or discriminate against an employee for filing or announcing an intent to file a workers' compensation claim, or for exercising rights under the workers' compensation law (though employers can act for other reasons, such as safety-rule violations). An employee may file a complaint with L&I within 90 days of the violation; L&I investigates and, if it finds a violation, sues in superior court. If L&I finds no violation, the employee may sue on their own. Source: RCW 51.48.025 |
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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. |
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
- Suing Over a Work Injury in Washington
- Appealing a Denied Workers' Comp Claim in Washington
- All Washington workers' compensation rules
FAQ
Can you be fired for filing workers' comp in Washington?
No employer may fire or discriminate against an employee for filing or announcing an intent to file a workers' compensation claim, or for exercising rights under the workers' compensation law (though employers can act for other reasons, such as safety-rule violations). An employee may file a complaint with L&I within 90 days of the violation; L&I investigates and, if it finds a violation, sues in superior court. If L&I finds no violation, the employee may sue on their own.
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.
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.