Workers' comp claim denied in Washington: what to do next

Decisions on your claim come as a written 'Order and Notice'. If you disagree, send L&I a written protest (online through the Claim & Account Center or by mail) with your name and claim number on every page, within 60 days of receiving the decision.

Your employer's insurer, not the state, usually decides first. If they deny or delay, the free help listed here can explain your options.

Checked against official sources: October 31, 2026.

Deadlines are strict. If you are near one, call the state agency or free help today.

If your claim is denied or delayed in Washington

Who decides: L&I (reconsideration) and the Board of Industrial Insurance Appeals (BIIA); then superior court
First step: Decisions on your claim come as a written 'Order and Notice'. If you disagree, send L&I a written protest (online through the Claim & Account Center or by mail) with your name and claim number on every page, within 60 days of receiving the decision. You can get free help from Project HELP (1-800-255-9752) or, for self-insured claims, the Office of the Ombuds for Injured Workers of Self-Insured Employers (1-888-317-0493).
Form: Notice of Appeal to the Board of Industrial Insurance Appeals (online or paper)
Deadline: A written protest or appeal must be received within 60 days from the day you received the decision; otherwise the decision becomes final.
Medical disagreements: Medical decisions (for example, a denied treatment) are written orders you can protest to L&I or appeal to the Board within 60 days. L&I or the self-insured employer can send you to an independent medical exam (IME); you can comment on the exam with the IME Exam Comments Form.
: Transfer of Care (change doctors), F245-037-000
IME Exam Comments Form, F245-053-000
Appealing the decision: Appeal the Board's decision to Washington State Superior Court.

Protest the decision in writing to L&I within 60 days (15 days for decisions about vocational benefits). L&I then issues a new decision that changes, reverses or keeps the original one.
If you still disagree, or instead of protesting, appeal to the Board of Industrial Insurance Appeals within 60 days of receiving the decision. You can file online, by mail or in person.
The Board gives L&I a chance to reconsider. If L&I does not, the Board schedules a hearing before an industrial appeals judge and then issues a written decision.
You can appeal the Board's decision to Washington State Superior Court.

Law: RCW 51.52.050, 51.52.060

Source: lni.wa.gov

Sources

The official sources for Washington are listed on the Washington page.

National rules that may also matter

Not covered by state workers' comp?

These federal programs and laws cover some groups of workers instead of, or in addition to, state workers' compensation. If one of them may apply to you, check its rules and deadlines too. They are different from your state's.

Federal Employees' Compensation Act (FECA): Civilian employees of the federal government, including Postal Service employees. Official page

Longshore and Harbor Workers' Compensation Act (Longshore Act): Maritime workers such as longshore workers, harbor workers, ship repairers, shipbuilders and ship-breakers, hurt on navigable waters of the United States or on an adjoining pier, wharf, dry dock, terminal or other area used to load, unload, repair or build ships. Some groups are excluded. Official page
Longshore maximum and minimum for October 1, 2026 to September 30, 2027 (fiscal year 2027): maximum $2,163.92 a week, minimum $540.98 a week.

Law: 33 U.S.C. 906(b); DOL Longshore NAWW table

Defense Base Act: Civilian employees working outside the United States on U.S. military bases or under a contract with the U.S. government for public works or national defense. Claims are handled by the Longshore program. Official page

Federal Black Lung Program: Coal miners who are totally disabled by black lung disease (pneumoconiosis) from coal mine work, and survivors of miners whose deaths were caused by it. Official page

Energy Employees Occupational Illness Compensation Program: Current or former employees of the U.S. Department of Energy and its contractors and subcontractors, and certain uranium miners, millers and ore transporters, who became ill from toxic exposures such as radiation, beryllium or silica at covered work sites, and their survivors. The program is set up by the Energy Employees Occupational Illness Compensation Program Act (EEOICPA). Official page

Railroad workers (Federal Employers' Liability Act): Employees of railroads in interstate commerce. Instead of a workers' compensation claim, a federal law lets an injured railroad worker sue the railroad for damages caused by its negligence.

Seamen (Jones Act): A seaman injured in the course of employment may bring a lawsuit against the employer, with the right to a jury trial, under the same federal rules that apply to railroad workers.

National help

Your state workers' compensation agency answers questions about claims. Many have a free help line, an ombudsman or information officers for injured workers.

The Legal Services Corporation funds 129 nonprofit legal aid organizations in every state, D.C. and the territories. Enter your address on its website to find one near you. You can also look up legal information and free forms at LawHelp.org. Whether a local program handles workers' compensation cases varies.

LawHelp.org