Deciding whether to file a claim for a patient

If you think a condition is not work related:

• You must file the claim anyway.
• You can indicate that the condition is not work-related on the accident report.
• You can also inform the patient that the inappropriate filing of a claim may delay coverage by other insurers.

If the injury is minor:

• File a claim whenever you treat an injured worker.  
• Provisions of state law apply regardless of the severity of the injury. See below for laws and rules.

If you think a condition is work related, but your patient does not want to file a claim:

• You are required to inform the injured worker of their rights.
• If the worker objects after hearing their rights, you must still file the Report of Accident.
• L&I cannot pay you for the visit unless a claim is filed.

If your patient is afraid of retaliation for filing a claim:

• Let the patient know that they are protected against such discrimination.

Laws and rules governing the responsibilities of an attending provider when seeing a new patient for a potential work injury:

• RCW 51.48.060 (app.leg.wa.gov).
• WAC 296-20-025(2) (app.leg.wa.gov).
• RCW 51.28.020 (1)(b) and 2(a) (app.leg.wa.gov).