Navigating workplace injury claims and safety regulations can be challenging for employers. Our Workers’ Compensation, Industrial Safety & Audits team is here to help employers manage the complexities of the Washington Workers’ Compensation and Washington Industrial Safety and Health Acts (WISHA). With extensive experience in defending employers against workplace injury disputes and a deep understanding of Washington State laws, we are committed to providing effective legal counsel that ensures compliance and protects your business interests.
We focus on defending employers against workplace injury claims, addressing occupational health concerns, and maintaining adherence to rigorous safety regulations. By partnering with our team, businesses gain access to skillful representation and practical strategies designed to both promote a culture of safety and minimize the likelihood of a work injury dispute.
Our services include:
Our approach goes beyond legal representation—we work closely with employers to anticipate challenges, reduce risks, and foster a safe and healthy working environment. Whether you’re navigating a complex claim, responding to a safety violation, or seeking advice on compliance strategies, our team is here to support you every step of the way.
Our employment law team delivers the personal attention and aggressive approach essential for representing employers and third-party administrators in both state-funded and self-insured claims. We have developed effective strategies to assist at every stage with workers’ compensation defense, enabling employers to proactively mitigate the costs associated with a complex work injury dispute. Our services include offering guidance on protesting adverse decisions at the Department of Labor and Industries, as well as representing clients in litigation before the Board of Industrial Insurance Appeals and Superior Courts.
The statutes and regulations governing the workers’ compensation industry are constantly evolving. Our attorneys diligently monitor legislative developments to ensure our clients remain compliant and ahead of the curve. This vigilant approach supports the development and implementation of practical solutions in this dynamic legal landscape.
A safety investigation conducted by the Department of Labor and Industries may lead to the issuance of a citation. Each alleged violation could subject your company to significant fines, abatement costs, and increased future scrutiny.
Immediate action is crucial. Our WISHA defense team possesses the experience to offer prompt support, ranging from on-site assistance during investigations to litigation before the Board of Industrial Insurance Appeals and Superior Courts. In cases of catastrophic loss, we act swiftly to determine potential liability and involve technical experts.
Our attorneys are skilled in helping companies appeal and resolve citations related to a variety of issues, including cranes, confined spaces, trenching, fall protection, lead, asbestos, accident prevention programs, and COVID-19 exposure.
Ryan Swanson’s employment attorneys are dedicated to ensuring that your health and safety practices are in full compliance with OSHA and other relevant workplace health and safety laws. Navigating an employer’s responsibilities can become complex when workplace injuries occur or safety violations are reported. Given the extensive legislative changes in this field, it is essential to have legal counsel with up-to-date, practical experience. The attorneys at Ryan Swanson bring a wealth of experience in dealing with work injury disputes, providing you with the expert guidance you need.
Employers are often caught off-guard when a Washington Department of Labor and Industries’ audit results in an Order of Assessment demanding back payment of industrial insurance premiums, penalties and accruing interest due to the misclassification of covered workers.
Our attorneys offer comprehensive representation through every stage of an industrial premium audit. Early engagement with our team ensures your company receives support in developing a timely and appropriate response to any requested documents.
With a meticulous approach and a deep understanding of your business structure, our team will devise a strategy to contest the assessment imposed and/or any wage claims filed by employees.
The Department of Labor and Industries employs an Electrical Compliance, Outreach, Regulation, and Education (E-Core) team dedicated to identifying unlicensed contractors, uncertified electricians, and those who neglect to obtain electrical permits, issuing citations as necessary. Electrical violations that lead to a final judgment are listed on the Department’s website for six years, which may affect a company’s ability to successfully bid for projects.
Our Seattle attorneys provide assistance in resolving citations at the Department level and, if required, will represent clients in litigation before the Office of Administrative Hearings.
The jurisdiction and legal framework for workers’ compensation in Washington is governed by Title 51 RCW. The state provides sure and certain relief for workers injured in their work, irrespective of questions of fault. This has eliminated civil actions for personal injuries, with certain exceptions for third-party claims.
An industrial injury is characterized by a sudden and tangible happening, of a traumatic nature, producing an immediate or prompt result occurring from without resulting in a physical condition. A claim for industrial injury must be filed within one year from the date of injury.
An occupational disease arises naturally and proximately out of employment. Determination of allowance relies upon objective medical findings by a physician on a more-probable-than-not basis. A claim for occupational disease must be filed within two years from diagnosis.
Key steps include gathering information to evaluate and corroborate the mechanism of injury. Obtaining and identifying pre and post injury/disease chart notes and medical opinions.
There is a 60-day window from the date of receipt of an adverse order to file a protest for reconsideration to the Department or appeal to the Board of Industrial Insurance Appeals.
Ensure information provided to the Department for wage calculation is accurate. Review the asserted work hours, wage rate and benefits reported by the worker. Communication with the worker and attending physician is also helpful to assess recommended physical restrictions and to coordinate timely responses to job analyses presented.
Claim closure requires the worker’s industrially related condition or occupational disease to be at maximum medical improvement along with resolution of employability.
Claim resolution options to avoid the cost and time of litigation include binding medical examinations, Board Order on Agreement of Parties’ and Claims Resolution Settlement Agreements (CRSA). Practical tips involve providing the Department with alternative action options, staying involved in the process, and advocating for additional information.
Obtaining legal representation is strongly advised. All representatives before the Board will be expected to follow the WA Rules of Evidence and WA Civil Rules of Procedure.
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