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What to expect in Washington
#1
I have reached my MMI and am currently getting Loss of Earning Power (LEP) payments. Meanwhile, a vocational counselor has been assigned to try to find me a job. She has tried several avenues but so far, no luck. Talking with her the other day she said she was looking for an office job. Well, the job I was doing before the injury carried a salary of $90,000 per year. There is no "office job" I could image that would pay even close to that. I'm afraid that they are setting up a scenario where they offer me a job I can't afford to take, and I turn it down, they will say, "Well, we offered you a job but you didn't take it, so we are cancelling your benefits." Does that happen?
On the other hand, they might figure out they can't find me a job, and offer a "Structured Settlement", in which case they will probably try to offer the least they can.
Should I pursue legal representation now, or should I wait until the vocational counselor declares me un-employable?
Does anyone have any other advice on my analysis or my options?
Thank you!
 
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#2
You are correct.
Your prior employer is not required to provide duplicate replacement wages.
Why would any employer offer you a larger settlement then the law allows?
How many times have you offered to pay more then the asking amount?
Are you not aware that insurance is a business that has to make a profit to continue?
More on VR in washington
https://www.lni.wa.gov/ClaimsIns/Files/S...cRehab.pdf
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
(06-06-2019, 01:23 PM)1171 Wrote: You are correct.
Your prior employer is not required to provide duplicate replacement wages.
Why would any employer offer you a larger settlement then the law allows?
How many times have you offered to pay more then the asking amount?
Are you not aware that insurance is a business that has to make a profit to continue?
More on VR in washington
https://www.lni.wa.gov/ClaimsIns/Files/S...cRehab.pdf

I do not expect my prior employer to provide duplicate replacement wages. In fact, I do not expect my prior employer to hire me back or provide any wages or settlement at all. I am aware of the fundamentals of the insurance business. After I completed my MBA I worked in the workers compensation insurance industry and completed several graduate level courses (focused on underwriting) in that field. My question has to do with Washington State L&I. From your reply, you seem to be suggesting that there is an an ongoing relationship between my prior employer and L&I regarding the financial outcomes of my particular case. I did not know that. I thought that once it was in the hands of the insurer, it was out of the hands of the employer (unless, of course, they wanted to employ me in another capacity, which they do not.) So... my question remains. Can my L&I claim be terminated without further payments either in the category of L.E.P. compensation or their Structured Settlement program if I decline a job because it does not provide me with enough money to live on in a fashion similar to the one I enjoyed before my injury?
Thank you!
 
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