Website design By BotEap.comL&I pension payments

Website design By BotEap.comWhen the Department of Labor and Industries (L&I) places a work injury claimant in a pension, then their L&I claim is closed. However, the injured worker receives pension benefits for the rest of his life, as long as he remains unemployed. L&I pays pension benefits monthly, around the 15th of each month. The amount depends on the worker’s salary and wages at the time of the injury. Also, if the worker is married, then he can choose to have his spouse receive survivor benefits. Simply put, “survivor benefits” means that if the work injury claimant dies, his or her spouse will receive pension benefits. In certain circumstances, this choice may also affect the amount of L & I’s monthly pension.

Website design By BotEap.comPermanent total disability

Website design By BotEap.comThere are many factors to consider when determining whether a work injury claimant is permanently and totally disabled. These factors include the following considerations, among others:

Website design By BotEap.com1) The worker’s work pattern at the time of the injury: part-time, full-time, seasonal worker, etc.

Website design By BotEap.com2) If the work-related accident, injury or illness causes permanent physical or mental limitations.

Website design By BotEap.com3) Were there any pre-existing permanent limitations (physical or mental)?

Website design By BotEap.com4) The salary capacity of the person.

Website design By BotEap.com5) The local labor market.

Website design By BotEap.com6) The strengths and weaknesses of the worker.

Website design By BotEap.com7) The age, education, training and experience of the work injury claimant.

Website design By BotEap.comBased on these factors, L&I may consider the workplace injury claimant to be permanently and totally disabled. Even if a person is not physically or mentally defenseless, they can still fall low on the grades. However, we must remember that an injured worker does not have a permanent total disability just because he cannot return to his previous job. In fact, if the worker can perform or obtain paid work successfully and continuously, then he is employable.

Website design By BotEap.comEmployability: Are you employable?

Website design By BotEap.comThe Department of Labor and Industries places a high value on employability for a number of reasons. From my perspective, there are some issues with the way L&I views and evaluates employability. In my opinion, saying that someone is employable on paper is not the same as how things manifest in the real world. Furthermore, it is not uncommon for employability determinations to be based on erroneous or insufficient medical or vocational evidence.

Website design By BotEap.comGet help from an L&I attorney

Website design By BotEap.comThe way I see it, most people with a workers’ compensation claim recover from their injuries or illnesses and return to work. However, there are many people with L&I claims who need help getting back to work. Comparatively, only a small number of workplace injury claimants are permanently and totally disabled. If you have an L&I claim or a workers ‘compensation claim, and the claims administrator tells you that you can be employed when you are not, you should speak with a workers’ compensation attorney immediately.

Website design By BotEap.comThis article was first published at https://tarareck.com/l-and-I-pension/