In Washington State, people that suffer a office damage leading to everlasting however not whole impairment could also be entitled to monetary compensation. This compensation goals to deal with the lasting influence of the damage on their potential to earn wages. Estimating potential compensation includes contemplating elements reminiscent of the character and severity of the impairment, the employee’s age, and their pre-injury earnings. Whereas on-line instruments exist to assist estimate this quantity, these instruments ought to be thought of informational assets solely, as they can not present a definitive settlement determine. Formal calculations contain complicated authorized and medical evaluations particular to every case.
Predicting potential monetary recourse after a everlasting office damage provides injured staff a level of stability and permits them to plan for his or her future. Understanding the implications of an impairment ranking and the way it interprets into potential compensation is essential for knowledgeable decision-making. Traditionally, staff’ compensation legal guidelines developed to offer a security web for injured staff, making certain a degree of monetary assist whereas defending employers from doubtlessly devastating lawsuits. These programs differ from state to state, with Washington State having its personal particular laws and procedures.
This text will additional delve into the complexities of Washington State’s everlasting partial incapacity system, analyzing the method of acquiring an impairment ranking, understanding the function of medical and authorized professionals, and navigating the settlement course of successfully. Key subjects embody the appeals course of, the function of the Division of Labor and Industries, and assets obtainable to injured staff.
1. Impairment Score
Inside the framework of Washington State’s everlasting partial incapacity system, the impairment ranking serves as a cornerstone for figuring out the extent of a person’s everlasting impairment ensuing from a office damage. This ranking, expressed as a share, displays the severity of the damage’s influence on the person’s total bodily or psychological perform. It performs a vital function in calculating the potential settlement quantity.
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Medical Analysis and Willpower
Impairment rankings are assigned by certified medical professionals following a radical analysis of the injured employee. These evaluations adhere to the American Medical Affiliation (AMA) Guides to the Analysis of Everlasting Impairment. The doctor considers elements reminiscent of medical data, diagnostic testing, and the person’s practical limitations to reach at a medically sound ranking. This course of ensures objectivity and consistency in evaluating the influence of the damage.
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Proportion Illustration and Significance
The impairment ranking, expressed as a share, represents the proportion of whole-person impairment. For instance, a ten% impairment ranking signifies a ten% discount within the particular person’s total practical capability. This share straight influences the calculation of the financial settlement, with greater percentages usually akin to bigger settlements. It gives a standardized metric for quantifying the influence of the damage.
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Affect on Settlement Calculations
The impairment ranking is a essential think about calculating the financial worth of a everlasting partial incapacity settlement. It serves as a multiplier, influencing the quantity of compensation a person receives for his or her lack of perform. Whereas different elements, reminiscent of misplaced wages and age, additionally contribute to the calculation, the impairment ranking considerably impacts the general settlement quantity.
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Disputes and Unbiased Medical Examinations
Disagreements relating to the assigned impairment ranking can come up. In such circumstances, an impartial medical examination (IME) could also be performed by one other certified doctor to offer an goal second opinion. This course of ensures equity and permits for an impartial evaluate of the preliminary evaluation, contributing to a extra correct and equitable decision.
Understanding the function and implications of the impairment ranking is essential for navigating the complexities of Washington State’s everlasting partial incapacity system. It gives a foundational component upon which the complete settlement course of is constructed, impacting the ultimate financial compensation and making certain a good evaluation of the damage’s lasting influence.
2. Misplaced Wages
Misplaced wages characterize a significant factor inside Washington State’s everlasting partial incapacity settlement calculations. These calculations goal to compensate injured staff for the monetary influence of their diminished incomes capability on account of a everlasting partial incapacity sustained in a office accident. The connection between misplaced wages and the general settlement calculation is multifaceted, contemplating each previous and potential future revenue losses.
Previous misplaced wages embody the revenue misplaced between the date of the damage and the settlement date. This calculation considers the employee’s pre-injury earnings and any short-term incapacity advantages acquired throughout that interval. For instance, a development employee unable to work for six months on account of a again damage would have their misplaced wages calculated primarily based on their typical wage throughout these six months, much less any short-term incapacity funds acquired. Precisely documenting these losses is essential for making certain honest compensation. Future misplaced wages, alternatively, mission the potential revenue loss the employee may expertise over their remaining work life because of the everlasting impairment. This projection includes complicated issues, together with the employee’s age, occupation, the severity of the impairment, and potential for retraining or various employment. For example, a surgeon with a hand damage may face considerably diminished future incomes potential in contrast to a knowledge entry clerk with an analogous damage, even with the identical impairment ranking.
Washington State’s system emphasizes the significance of misplaced wages in making certain equitable compensation for injured staff. The calculations attempt to offer monetary stability by addressing each the fast monetary hardship brought on by misplaced revenue and the long-term influence on incomes potential. Challenges can come up in precisely projecting future losses, notably in circumstances involving youthful staff or quickly altering industries. Understanding the nuances of misplaced wage calculations throughout the broader framework of Washington State’s everlasting partial incapacity system empowers injured staff to navigate the method successfully and advocate for honest compensation.
3. Medical Information
Medical data play a pivotal function in Washington State’s everlasting partial incapacity settlement course of. These data function the foundational proof supporting the declare, straight impacting the end result of settlement calculations. A transparent, complete medical historical past establishes the causal hyperlink between the office damage and the ensuing impairment, a vital component for substantiating the declare. Detailed documentation of the damage, remedy, and ongoing medical care gives a chronological account of the person’s expertise, contributing to a radical understanding of the damage’s influence. For instance, a employee’s medical data may show the development of a again damage sustained whereas lifting heavy objects, from preliminary prognosis and remedy to ongoing bodily remedy and potential surgical procedure, offering a complete image of the damage’s influence on their potential to work.
The accuracy and completeness of medical data straight affect the impairment ranking assigned by medical professionals. Exact documentation of diagnoses, take a look at outcomes, and practical limitations permits for a extra correct evaluation of the impairment’s severity. This accuracy, in flip, impacts the general settlement calculation. For example, complete data detailing the particular vary of movement limitations ensuing from a shoulder damage can result in a extra correct impairment ranking, impacting the ultimate settlement quantity. Moreover, constant medical data show the continued nature of the impairment and its influence on the person’s day by day life and skill to work, strengthening the declare and supporting the necessity for compensation. Lacking or incomplete data can weaken a declare, doubtlessly resulting in a decrease settlement or denial. Organized, readily accessible medical data streamline the settlement course of, facilitating environment friendly communication between medical professionals, authorized representatives, and insurance coverage adjusters.
In abstract, sustaining meticulous medical data is important for navigating Washington State’s everlasting partial incapacity settlement course of successfully. These data substantiate the declare, contribute to correct impairment rankings, and show the long-term influence of the damage. Challenges might come up in circumstances with pre-existing circumstances or complicated medical histories, highlighting the significance of clear documentation to distinguish between pre-existing points and the work-related damage. The energy of a declare typically rests on the comprehensiveness and accuracy of the medical data, underscoring their essential function in securing a good settlement.
4. Authorized Counsel
Navigating Washington State’s everlasting partial incapacity system presents complicated authorized challenges. Authorized counsel performs a vital function in serving to injured staff perceive their rights and successfully pursue honest settlements. Attorneys specializing in staff’ compensation regulation possess an in-depth understanding of the state’s particular laws, procedures, and authorized precedents. This experience proves invaluable in maximizing potential settlement outcomes.
One key perform of authorized counsel includes helping with the claims course of. Attorneys information injured staff by way of the customarily intricate procedures, making certain all vital documentation is submitted accurately and deadlines are met. Additionally they play a vital function in gathering and presenting proof, together with medical data, witness testimonies, and knowledgeable opinions, to construct a powerful case. For instance, an lawyer may seek the advice of with medical consultants to make sure the assigned impairment ranking precisely displays the consumer’s practical limitations, strengthening their declare for the next settlement. Moreover, authorized counsel represents injured staff throughout settlement negotiations with employers and insurance coverage corporations. Attorneys advocate for his or her shoppers’ finest pursuits, leveraging their authorized data and negotiation expertise to safe favorable settlement phrases. This illustration ranges the enjoying area, making certain injured staff usually are not at an obstacle throughout negotiations.
In conditions the place disputes come up, authorized counsel gives essential illustration throughout the appeals course of. Attorneys put together and current authorized arguments earlier than administrative regulation judges and better courts, difficult unfavorable choices and defending their shoppers’ rights. This illustration is especially essential in circumstances involving complicated medical points or disputed impairment rankings. Efficient authorized counsel considerably enhances the chance of a profitable final result in everlasting partial incapacity circumstances. Attorneys present invaluable steering, shield staff’ rights, and advocate for honest compensation, navigating the complexities of the system on behalf of their shoppers. Whereas navigating the system with out authorized illustration is feasible, doing so can put injured staff at a major drawback, highlighting the sensible significance of in search of authorized counsel in these issues.
5. State Rules
Washington State’s everlasting partial incapacity settlement system operates inside a framework of particular laws established by the state legislature and administered by the Division of Labor and Industries (L&I). These laws outline eligibility standards, profit ranges, and procedural necessities, straight impacting the settlement calculation course of. Understanding these laws is essential for precisely assessing potential settlement outcomes.
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Defining Eligible Impairments
State laws delineate the sorts of impairments thought of eligible for everlasting partial incapacity advantages. These laws specify which medical circumstances, ensuing from office accidents, qualify for compensation. For example, the laws may outline particular standards for carpal tunnel syndrome ensuing from repetitive work duties to be thought of an eligible impairment. This specificity ensures consistency and equity in figuring out eligibility.
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Calculating Time-Loss Compensation
Rules dictate the strategies for calculating time-loss compensation, which covers misplaced wages throughout the restoration interval. These laws may specify the share of pre-injury wages an injured employee is entitled to obtain whereas unable to work. For instance, a employee may obtain a share of their common weekly wage for a specified variety of weeks primarily based on the severity of their damage and the state’s laws.
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Establishing Impairment Score Schedules
Washington State employs particular schedules for assigning impairment rankings. These schedules, primarily based on the AMA Guides, define the factors for evaluating numerous sorts of impairments and assigning corresponding share rankings. This standardized strategy ensures consistency and objectivity in figuring out impairment ranges, influencing settlement calculations. For instance, the schedule may present particular standards and share ranges for evaluating the impairment ensuing from a rotator cuff damage.
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Outlining the Appeals Course of
State laws set up the method for interesting disputed choices relating to eligibility or profit quantities. These laws define the steps concerned, together with submitting deadlines and the proof required. For example, a employee disagreeing with their assigned impairment ranking can comply with the established appeals course of to request a evaluate and doubtlessly an impartial medical examination. This ensures equity and gives a mechanism for resolving disputes.
Washington State’s particular laws type the inspiration upon which everlasting partial incapacity settlements are calculated. Understanding these laws and their sensible utility is important for navigating the system, making certain correct estimations, and successfully advocating for honest and applicable compensation. Variations in laws throughout totally different states underscore the significance of specializing in the particular authorized framework governing Washington State’s system.
6. Settlement Negotiation
Settlement negotiation represents a essential stage in resolving everlasting partial incapacity claims in Washington State. This course of includes discussions and provides exchanged between the injured employee (typically represented by authorized counsel) and the employer’s insurance coverage firm. The target is to succeed in a mutually agreeable decision for the declare, figuring out the ultimate settlement quantity. The result of those negotiations considerably impacts the monetary compensation acquired by the injured employee, highlighting the significance of understanding the dynamics and techniques concerned.
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Illustration and Advocacy
Injured staff typically profit from authorized illustration throughout settlement negotiations. Attorneys skilled in staff’ compensation regulation present beneficial experience, defending their shoppers’ rights and advocating for honest settlements. They perceive the complexities of Washington State’s laws and might successfully negotiate with insurance coverage adjusters, who characterize the employer’s pursuits. This illustration ensures a extra balanced negotiation course of, stopping injured staff from being pressured into accepting unfavorable phrases.
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Gives and Counteroffers
The negotiation course of sometimes includes a sequence of provides and counteroffers. The insurance coverage firm might initially suggest a settlement quantity, which the injured employee can settle for, reject, or counter with a unique determine. This back-and-forth trade permits each events to discover potential settlement choices and transfer in direction of a mutually agreeable determine. Supporting proof, reminiscent of medical data and knowledgeable opinions, performs a vital function in justifying the proposed settlement quantities throughout these exchanges.
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Elements Influencing Negotiation
A number of elements affect the negotiation course of, together with the severity of the impairment, the employee’s age and occupation, and the estimated future misplaced wages. A youthful employee with a extreme impairment and important future misplaced incomes potential might justify the next settlement in comparison with an older employee with a much less extreme impairment. Authorized precedent and former settlement outcomes in related circumstances additionally play a task in shaping the negotiation dynamics.
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Reaching a Mutually Agreeable Settlement
The final word purpose of settlement negotiation is to succeed in a mutually agreeable decision, avoiding the necessity for litigation. A profitable negotiation ends in a settlement settlement outlining the agreed-upon compensation quantity and different related phrases. This settlement turns into legally binding, concluding the declare and offering the injured employee with monetary compensation for his or her everlasting partial incapacity. If negotiations fail to succeed in a decision, the case might proceed to litigation, involving a proper listening to earlier than an administrative regulation decide.
Settlement negotiation represents a vital juncture within the everlasting partial incapacity declare course of. Efficient negotiation can considerably influence the ultimate settlement quantity, influencing the injured employee’s monetary future. Understanding the intricacies of this course of, notably the significance of authorized illustration and the elements influencing negotiations, empowers injured staff to pursue honest and simply settlements throughout the framework of Washington State’s system.
7. Appeals Course of
Washington State’s everlasting partial incapacity settlement system incorporates a vital appeals course of, offering a mechanism for resolving disputes associated to say choices. This course of permits injured staff to problem determinations relating to eligibility, impairment rankings, or the calculated settlement quantity. The appeals course of safeguards staff’ rights by providing recourse towards doubtlessly unfair or inaccurate choices, making certain a good and equitable decision throughout the framework of the state’s laws.
A number of eventualities may necessitate an enchantment. Disagreements over the assigned impairment ranking, maybe on account of differing medical opinions, generally set off appeals. A employee may consider their impairment is extra extreme than the assigned ranking, doubtlessly impacting their settlement quantity. Disputes may come up relating to the calculation of misplaced wages, notably regarding future misplaced incomes potential. Moreover, disputes might emerge in regards to the preliminary eligibility willpower, as an example, if the employer or insurer contests the connection between the damage and the office. In such circumstances, the appeals course of provides a proper channel for difficult these choices and presenting supporting proof. For instance, an injured employee may enchantment a low impairment ranking by presenting further medical documentation from an impartial medical examination supporting the next ranking. Equally, a employee may enchantment a denial of advantages by presenting proof demonstrating a transparent causal hyperlink between their damage and their office duties.
The appeals course of sometimes includes a number of levels. Initially, the employee should file a proper enchantment with the Board of Industrial Insurance coverage Appeals inside a specified timeframe. Subsequently, a listening to is scheduled earlier than an administrative regulation decide, the place each the employee and the employer/insurer can current proof and authorized arguments. The decide critiques the proof and points a call. If both get together disagrees with the decide’s determination, they will additional enchantment to the Industrial Insurance coverage Appeals Panel, and in the end, to the Washington State Courtroom of Appeals. This multi-tiered course of ensures thorough evaluate and consideration of all related data, maximizing the potential for a simply final result. Efficiently navigating the appeals course of requires a transparent understanding of the state’s laws, deadlines, and evidentiary necessities. Authorized illustration considerably advantages staff throughout this course of, offering knowledgeable steering and advocacy. The appeals course of performs a significant function in sustaining the integrity and equity of Washington State’s everlasting partial incapacity settlement system, providing a essential safeguard for injured staff and contributing to a extra equitable decision of disputes.
8. Vocational Rehabilitation
Vocational rehabilitation performs a major function within the context of everlasting partial incapacity settlements in Washington State. It serves as a vital bridge between the injured employee’s present limitations and their potential future incomes capability. This connection straight impacts settlement calculations, as vocational rehabilitation can mitigate future misplaced wages by equipping people with new expertise and facilitating a return to gainful employment, even with a everlasting impairment. For instance, a development employee who suffers a again damage stopping heavy lifting may endure vocational retraining to turn into a constructing inspector, mitigating potential future revenue loss and consequently influencing the ultimate settlement quantity. This intervention reduces the monetary burden on the system and empowers people to regain financial independence.
The state of Washington emphasizes the significance of vocational rehabilitation in facilitating profitable return-to-work outcomes. The Division of Labor and Industries (L&I) provides numerous vocational rehabilitation providers, together with vocational counseling, job coaching, job placement help, and labor market surveys. These providers goal to determine appropriate various employment choices primarily based on the person’s residual practical capability, transferable expertise, and labor market calls for. For example, L&I’d help an injured workplace employee in buying pc programming expertise, opening up new profession paths and doubtlessly rising their incomes potential. A profitable vocational rehabilitation program not solely reduces the monetary burden on the system but in addition enhances the injured employee’s high quality of life by selling self-sufficiency and profession satisfaction. Nevertheless, the success of vocational rehabilitation depends upon numerous elements, together with the person’s motivation, the provision of appropriate coaching packages, and the general job market circumstances. Not all injured staff profit equally from vocational rehabilitation, and a few might face challenges to find sustainable employment regardless of retraining efforts.
Understanding the connection between vocational rehabilitation and everlasting partial incapacity settlements is essential for all stakeholders concerned. For injured staff, taking part in vocational rehabilitation can mitigate future monetary losses and enhance long-term profession prospects. For employers and insurers, profitable vocational rehabilitation can scale back the general price of claims. For L&I, efficient vocational rehabilitation packages contribute to a extra sustainable and equitable staff’ compensation system. Challenges stay in making certain equitable entry to high quality vocational rehabilitation providers and addressing particular person circumstances that may hinder profitable return-to-work outcomes. Additional analysis and coverage improvement are wanted to optimize the function of vocational rehabilitation throughout the broader context of everlasting partial incapacity settlements in Washington State. This optimization in the end advantages each particular person staff and the long-term monetary stability of the system.
Often Requested Questions
This part addresses frequent inquiries relating to everlasting partial incapacity settlements in Washington State. Understanding these key points is essential for navigating the complexities of the system.
Query 1: How is the financial worth of a everlasting partial incapacity settlement decided in Washington State?
Settlement calculations contain a fancy formulation contemplating the impairment ranking, age, pre-injury wages, and potential future misplaced earnings. The character of the damage and its influence on the person’s potential to carry out job duties are additionally thought of.
Query 2: What’s the function of the Division of Labor and Industries (L&I) within the settlement course of?
L&I administers the state’s staff’ compensation system, overseeing declare processing, offering vocational rehabilitation providers, and adjudicating disputes by way of its administrative appeals course of. L&I ensures adherence to state laws and gives data and assets to each employers and injured staff.
Query 3: Can people negotiate their settlement straight with their employer’s insurance coverage firm?
Whereas direct negotiation is permissible, authorized illustration is strongly advisable. Attorneys specializing in staff’ compensation regulation present knowledgeable steering, shield particular person rights, and advocate for honest settlements, making certain equitable illustration throughout negotiations with insurance coverage corporations.
Query 4: What occurs if a settlement supply is deemed unsatisfactory?
People have the best to enchantment disputed choices, together with settlement provides. The appeals course of includes formal procedures, together with hearings earlier than administrative regulation judges and doubtlessly additional appeals to greater courts. Authorized counsel is important for successfully navigating the appeals course of.
Query 5: How does vocational rehabilitation issue into settlement calculations?
Profitable participation in vocational rehabilitation packages can mitigate potential future misplaced earnings. By buying new expertise and returning to gainful employment, people can scale back the monetary influence of their impairment, influencing the ultimate settlement calculation.
Query 6: The place can people discover dependable data and assets relating to everlasting partial incapacity settlements in Washington State?
The Washington State Division of Labor and Industries (L&I) web site gives complete data relating to staff’ compensation, together with everlasting partial incapacity claims. Consulting with an lawyer specializing in staff’ compensation regulation can be advisable.
Understanding these key points of everlasting partial incapacity settlements empowers people to navigate the system successfully. Consulting with authorized counsel and using obtainable assets, reminiscent of these supplied by L&I, can additional improve the method.
Additional sections of this text will discover particular points of the settlement course of in larger element, offering a complete understanding of everlasting partial incapacity claims in Washington State.
Suggestions for Navigating Everlasting Partial Incapacity Settlements in Washington State
Navigating the complexities of everlasting partial incapacity settlements in Washington State requires cautious consideration and strategic planning. The next suggestions present beneficial steering for people pursuing such claims.
Tip 1: Search Authorized Counsel Early
Consulting with an skilled staff’ compensation lawyer early within the course of is essential. Authorized counsel gives knowledgeable steering relating to rights, duties, and potential settlement outcomes. Early involvement permits for strategic planning and efficient illustration all through the complete course of.
Tip 2: Preserve Meticulous Information
Thorough documentation is important. Preserve detailed data of all medical remedies, bills, and misplaced wages. Organized data strengthen the declare and facilitate correct calculations of potential settlement quantities. This contains protecting copies of medical payments, physician’s notes, and pay stubs.
Tip 3: Perceive the Impairment Score System
The impairment ranking assigned by a doctor performs a major function in settlement calculations. Understanding how impairment rankings are decided and the way they influence potential settlement outcomes is important for knowledgeable decision-making. Researching the American Medical Affiliation (AMA) Guides to the Analysis of Everlasting Impairment can present beneficial perception.
Tip 4: Contemplate Vocational Rehabilitation Choices
Exploring vocational rehabilitation providers can mitigate future misplaced wages and enhance long-term profession prospects. Collaborating in retraining packages and buying new expertise can improve incomes potential and positively affect settlement negotiations.
Tip 5: Talk Successfully with L&I
Preserve open communication with the Division of Labor and Industries (L&I). Well timed responses to requests for data and adherence to deadlines guarantee a easy and environment friendly claims course of. Make the most of L&I assets and search clarification when wanted.
Tip 6: Put together for Settlement Negotiations
Settlement negotiations require cautious preparation. Gathering supporting proof, understanding potential settlement ranges, and growing a transparent negotiation technique improve the chance of a good final result. Contemplate authorized counsel’s recommendation relating to negotiation techniques.
Tip 7: Perceive the Appeals Course of
Familiarize oneself with the appeals course of in case of disputes. Figuring out the steps concerned, together with deadlines and evidentiary necessities, permits for well timed and efficient motion if a settlement supply is deemed unsatisfactory.
By adhering to those suggestions, people navigating the complexities of everlasting partial incapacity settlements in Washington State can improve their understanding of the method, shield their rights, and pursue honest and simply compensation. The potential advantages embody maximized monetary restoration, improved long-term profession prospects, and a larger sense of management throughout a difficult time.
This text will now conclude with a abstract of key takeaways and assets for additional data.
Conclusion
Washington State’s system for addressing everlasting partial incapacity ensuing from office accidents presents a fancy panorama. This text has explored key points of this technique, together with the function of impairment rankings, the calculation of misplaced wages, the significance of medical data, the importance of authorized counsel, the affect of state laws, the dynamics of settlement negotiation, the recourse supplied by the appeals course of, and the potential influence of vocational rehabilitation. Every component contributes to the ultimate willpower of a settlement, impacting the monetary well-being of injured staff and reflecting the state’s dedication to offering a security web for these affected by office accidents.
Efficiently navigating this technique requires diligent preparation, thorough understanding of relevant laws, and entry to applicable assets. Efficient advocacy and knowledgeable decision-making are important for securing honest and equitable outcomes. Because the panorama of labor and the character of office accidents proceed to evolve, ongoing evaluate and refinement of those programs stay essential for making certain they adequately tackle the wants of injured staff and promote a simply and sustainable staff’ compensation system in Washington State.
