What Representation Looks Like in a Washington State Labor and Industries Workers’ Comp Claim
Learn what to expect when hiring a workers’ compensation attorney to help you manage your Labor and Industries Claim in Washington State. Understand your benefits, claim closure, fees, and your post-closure rights.
Atlas Law
10/22/20253 min read


What Representation Looks Like in a Workers’ Compensation Case
When you have been injured on the job, navigating Washington State’s workers’ compensation system can feel overwhelming.
At Atlas Law, our goal is to make the process clear, fair, and focused on one thing — helping you recover and get the benefits you deserve.
Here is an overview of what representation looks like when you work with our firm, the types of benefits available, and what happens when your claim closes.
How Fees Work for Workers’ Compensation Attorneys
Many attorneys charge by the hour — but that’s not how it works for attorneys representing injured workers in Washington State.
Workers’ compensation attorneys are limited by law to charging a percentage of the benefits you receive.
That means if you do not get paid, your attorney does not get paid.
Here is a breakdown of the typical fee structures under Washington State’s Workers Compensation law:
Time-Loss Compensation: 10% of ongoing benefits, 30% of any back benefits owed
Permanent Partial Disability (PPD): 30%
Pension Benefits: 15% of the pension reserve — the total amount set aside by the Department of Labor & Industries (L&I) to fund your lifetime pension payments.
Claim Resolution Settlement (Structured Settlement): 15% of the settlement amount
This structure ensures that your attorney’s success is directly tied to your success.
Types of Benefits Available Under Washington Workers’ Compensation
When you are injured on the job, you may qualify for several different types of benefits, including:
Time-Loss Compensation — wage replacement while you’re unable to work
Loss of Earning Power Benefits
Curative Medical Treatment
Medical Evaluations and Testing
Transportation to Medical Appointments
Vocational Retraining Services
Permanent Partial Disability (PPD) Awards
Permanent Total Disability (Pension) Benefits
Home modification
Each benefit plays a role in helping you recover — emotionally, physically, and financially.
What Workers’ Compensation Does Not Cover
It is important to note that the workers’ compensation system does not cover everything that may be association with your work related injury or condition.
You will not receive compensation for pain and suffering. Additionally, palliative treatment — meaning care that only makes you feel better without improving your condition — is generally not covered. Additionally, treatment that could be curative, but is new or experimental, may not be covered.
When Will a Workers’ Compensation Claim Close
A claim will close when two conditions are met. (1) All ll accepted medical conditions have reached maximum medical improvement (MMI) — meaning your condition is fixed and stable and not likely to improve any further. (2) You are determined capable of returning to gainful employment consistent with your work pattern at the time of injury.
Your Rights After Claim Closure
Even after your claim closes, you still have rights.
If you disagree with the closure, you can dispute it with the Department of Labor & Industries (L&I) and appeal to the Board of Industrial Insurance Appeals (BIIA).
You can even take your case to Superior Court and the Court of Appeals if necessary.
But what if you agree with the closure — and later your condition gets worse?
You have seven years from the date your claim closed to reopen it and regain access to all the benefits mentioned earlier — including time-loss, medical treatment, and vocational services.
After that seven-year window, you can still reopen your claim for medical treatment only, but any additional benefits such as time-loss or disability payments are granted at the discretion of the Director of the Department of Labor & Industries.
Even years after your injury, you still have options — but it is important to act quickly if your condition changes.
The Atlas Law Approach
At Atlas Law, we help manage all aspects of the claim, including, but not limited to, paperwork, communication with L&I and the employer, vocational rehabilitation, and assistance with necessary medical treatment.
We keep our clients informed at every step, from the initial consultation to claim closure and beyond. Whether your benefits are delayed, your medical treatment is denied, or your employer is being difficult, our team is here to protect your rights and secure the outcome you deserve.
If you have been injured at work, reach out to us here today for a free consultation. We will review your claim, explain your options, and help you focus on your recovery.
Atlas Law — Lifting the Weight Off your Shoulders
📍 Serving Washington State
📞 (360) 528-8808
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