L&I pension payments

When 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 wages and salaries at the time of the injury. Also, if the worker is married, then he or she can choose to have their spouse receive survivor benefits. Simply put, “survivor benefits” means that if the work injury claimant passes, their spouse will receive pension benefits. Under certain circumstances, this choice can also affect L & I’s monthly pension amount.

Total permanent disability

There 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:

1) The worker’s work pattern at the time of the injury: part-time, full-time, seasonal worker, etc.

2) If the work accident, injury or occupational disease causes permanent physical or mental limitations.

3) Were there pre-existing permanent (physical or mental) limitations?

4) The work capacity of the person.

5) The local labor market.

6) The strengths and weaknesses of the worker.

7) The age, education, training and experience of the work injury claimant.

Based 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 meet the requirements. However, we must remember that an injured worker does not have permanent total disability just because he cannot return to his previous job. In fact, if the worker can perform or obtain any paid work with success and continuity, then he is employable.

Employability: Are you employable?

The Department of Labor and Industries places great value on employability, for a variety of reasons. From my perspective, there are some issues with the way L&I views and assesses 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.

Get help from your L&I attorney

The 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 assistance returning 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 says that you can be employed when you are not, then you should speak with a workers’ compensation attorney right away.

This article was first published at https://tarareck.com/l-and-I-pension/