L&I pension payments
When the Department of Labor and Industries (L&I) places a work injury claimant on 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 wages and wages of the worker at the time of the injury. Also, if the worker is married, then he or she can elect to have her spouse receive survivor benefits. Simply put, “survivor benefits” means that if the work injury claimant passes, her spouse will receive pension benefits. Under certain circumstances, this election may also affect the amount of the L&I monthly pension.
total permanent disability
There are many factors to consider when determining if a work injury claimant is totally and permanently 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, etc.
2) If the accident at work, injury or occupational disease produces permanent physical or mental limitations.
3) Were there pre-existing permanent limitations (physical or mental)?
4) The person’s work capacity.
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 permanently and totally disabled. Even if a person is not physically or mentally helpless, he 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 job successfully and continuously, then he is employable.
Employability: Are you employable?
The Department of Labor and Industries places a high 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. In addition, it is not uncommon for employability determinations to be based on erroneous or insufficient medical or vocational evidence.
Get help from the 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 getting back 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 you can be employed when you are not, then you should speak to a workers’ compensation attorney immediately.
This article was first published at https://tarareck.com/l-and-I-pension/