Settle Your Claim
One alternative to monthly time-loss benefits is a structured settlement. This is when you and L&I agree to a sum of money that you would receive in a series of fixed, cash payments, over a relatively short period of time.
Medical benefits may continue for your injury.
Who is eligible?
Injured workers who:
- Are age 55+ and
- Have an accepted L&I claim that's at least 6 months old.
Who might want a structured settlement?
You might be interested if you:
- Have a source of income other than L&I benefits.
- Want to return to part-time work.
- Aren't interested in retraining for another occupation.
- Are eligible (or soon will be) for any retirement benefits you've earned, such as Social Security or a union pension.
Find out more
- More about who's eligible
- How the process works and who's involved
- What employers need to know about settlements
Apply
If your employer is self-insured, talk to them about applying. (Check if your employer is self-insured).
If your employer is L&I-insured, there are 2 ways to apply:
- Apply online.
- Call us at 360-902-6101 for an application you can fill out and fax or mail to us.
Contact us
Talk to one of our settlement specialists:
- Phone: 360-902-6101
- Email: Settlement@Lni.wa.gov
Eligibility
I'm an injured worker younger than 55. Can I qualify in the future?
The age requirement drops to 53 beginning January 1, 2015.
It drops further to 50 beginning January 1, 2016.-
Will structured settlements be allowed for claims that are closed?
No. At this time, L&I is not considering settlements for claims that are closed.
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Will structured settlements be possible for survivors of injured workers?
No. The law does not allow for this.
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What are the rules for structured settlements?
Permanent rules for structured settlement agreementsHow a settlement works
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Who will be involved in a settlement agreement?
All parties to a claim must agree to a negotiated settlement. If your employer is a State Fund employer (pays premiums to L&I), the parties include L&I, your employer, and you.
If you have an occupational disease claim, more than one employer may be party to negotiations.
There are some cases when a State Fund employer is not party to an agreement:
- The claim cost is no longer used to calculate the employer's experience factor premiums;
- The employer cannot be located;
- The employer is no longer in business; or
- The employer fails to respond, or declines to participate, after being notified of the structured settlement agreement process by the Board of Industrial Insurance Appeals (BIIA) and L&I.
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Who approves a settlement agreement?
All agreements must be reviewed and approved by the Board of Industrial Insurance Appeals (BIIA).
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If I'm interested in a structured settlement, should I hire an attorney?
We strongly recommend workers and employers consider whether they would benefit from the advice of legal counsel and/or a financial consultant.
Settlements involve sophisticated legal procedures, and they can have a major financial impact on injured workers as well as their families. It is important for workers and employers to be informed of their rights and how a settlement may impact their future livelihoods.
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What should I do if my employer (or my employer's representative) contacts me about a structured settlement?
You may be contacted to determine if you have interest in a structured settlement. Settlement agreements are voluntary, and the decision on whether to enter into discussions or a settlement is up to you. Structured settlements are negotiated by L&I, and a party wishing to enter into settlement discussions should first contact L&I's Structured Settlement Unit at 360-902-6101.
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How does the structured settlement process work?
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If the claim is managed by L&I, you or your employer files an application with L&I.
If you wish to discuss settlement options, please call us at 360-902-6101 for the settlement application form.
L&I may also initiate settlement discussions with you.
- For claims with L&I, we will review the application to determine if the claim is appropriate for settlement negotiation. If we determine settlement may be an appropriate option, we will contact all parties and begin negotiating specific terms of settlement.
- If all parties agree, L&I will draft the settlement contract, circulate for signature, and submit the contract to the Board of Industrial Insurance Appeals (BIIA).
- The BIIA will either approve or deny the agreement.
- If the BIIA approves the agreement, there is a 30-day revocation period in which any party to the agreement may revoke consent to the settlement for any reason. L&I will continue to manage the claim and pay any benefits you are entitled to throughout the revocation period.
- The structured settlement agreement becomes final when the 30-day revocation period ends. Structured settlement payments will not begin until after the agreement is final.
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When is a settled claim considered to be closed?
If closure of the claim is part of the agreement, it is considered closed 30 days after the BIIA issues its approval, giving all parties the legally required time to revoke consent to the settlement.
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Will L&I continue to manage the claim while it is under consideration for settlement?
Yes, the claim manager will continue to manage the claim and benefits, including time loss, during all stages of the settlement process.
Claim benefits will continue until a structured settlement agreement is implemented on the closure date.
