Are Your Time-Loss Payments Too Low?

When you’re injured on the job in Washington state, workers’ compensation benefits are meant to provide financial stability while you recover. One of the most critical benefits is time-loss compensation, which are payments that replace a portion of your wages when you’re unable to work due to your injury. But what happens when those payments seem too low? Unfortunately, this is a common issue, and many workers don’t realize they have the right to challenge it.

At Emery | Reddy, PC, we’ve seen claims in which injured workers were underpaid because of miscalculations, incorrect wage data, or overlooked factors. Here’s what you need to know about time-loss payments, why they might be wrong, and how you can fight back.

What Are Time-Loss Payments?

Time-loss compensation is designed to cover lost wages while you’re recovering from a workplace injury. In Washington, these payments are typically 60–75% of your earnings prior to the injury or disease, up to a maximum cap, depending on your marital status and number of dependents. The Department of Labor & Industries (L&I) calculates this amount based on your wages at the time of injury.

Sounds straightforward, right? Unfortunately, the reality is more complicated.

Why Are Time-Loss Payments Sometimes Incorrect?

Errors in time-loss calculations happen more often than you might think. Here are some common reasons:

• Incomplete wage data: L&I may only consider your base hourly rate and ignore overtime, bonuses, or shift differentials.
• Misclassification of employment: If you work multiple jobs or have irregular hours, your actual earnings might not be fully accounted for.
• Incorrect dependents information: Your marital status and number of dependents affect your benefit rate. Mistakes here can significantly reduce your payments.
• Failure to include certain benefits: Things like housing allowances, tips, or other compensation can be overlooked.

Even a small error can cost you hundreds, or thousands, of dollars over the life of your claim.

Signs Your Time-Loss Payments Might Be Too Low

• Your checks are significantly less than your usual take-home pay.
• You worked overtime or had variable hours before your injury, but your payments don’t reflect that.
• You have dependents, but your benefit rate doesn’t seem adjusted.
• You’re unsure whether all your income sources were included in the calculation.

If any of these sound familiar, it’s time to take a closer look.

How to Verify Your Time-Loss Rate

Start by reviewing the wage calculation sheet provided by L&I. Compare it to your actual earnings for the months leading up to your injury. Include:

• Regular wages
• Overtime
• Bonuses
• Tips
• Other compensation (e.g., housing or travel allowances)

If something is missing, you may have grounds to request a correction.

What Can You Do If Your Payments Are Wrong?

You have the right to challenge L&I’s calculation. This process can involve:

1. Submitting correct wage information: Provide pay stubs, tax documents, or employer statements.
2. Requesting a recalculation: L&I can adjust your time-loss rate if you prove their numbers were wrong.
3. Appealing a decision: If L&I refuses to correct the error, you can appeal through the Board of Industrial Insurance Appeals (BIIA).

Why Legal Help Matters

While you can request corrections on your own, the process is often complex and time-sensitive. Missing deadlines or failing to provide the right documentation can jeopardize your claim. That’s where experienced attorneys come in.

An attorney specializing in workers’ compensation cases and knows how to navigate L&I’s system can:

• Review your wage calculation for errors
• Gather and submit the necessary documentation
•  Represent you in appeals if L&I denies your request

Don’t Settle for Less Than You Deserve

If you suspect your time-loss payments are too low, don’t wait. Every day you accept incorrect payments is money you may never recover. Contact an experienced attorney for a consultation and let them help you fight back.