What is claim expungement?

Claim suppression occurs when employers try to prevent workers from reporting injuries on the job. RCW 51.28.010(4) Claim removal means intentionally:

1. Induce employees not to report injuries;
2. Induce employees to treat injuries in the course of employment as off-the-job injuries; Prayed
3. Act otherwise to suppress legitimate industrial insurance claims.

Why do employers suppress claims?

To save money; an unfiled claim keeps experience qualifications and therefore Washington L&I premiums relatively low.

Claim Suppression History

Suppression of claims has previously been discouraged, by statute in Washington. Some employers ignored the law and suppressed the claims. They got away with it. Those days should be over. There is a new law in the state of Washington that puts some force into preventing claim expungement.

RCW 51.28.025 – defines sanctions against the employer and other remedies for suppression of claims:

1. A penalty of at least two hundred and fifty dollars, not to exceed two thousand five hundred dollars, for each infraction.
2. Waive the deadlines to file a claim, if the complaint or allegation of suppression of the claim is received within two years after the worker’s accident.
3. Once a claim suppression determination has been made, the employer will be prohibited from any current or future participation in a retrospective rating program. If self-insured, the director must decertify as provided in RCW 51.14.080.

Section (c) is an effective penalty because it targets the pocketbook of employers who suppress claims. The retrospective rating program and the ability to self-insure are big-money perks. Employers do not want to lose their ability to self-insure or participate in retrofitting, so they may be careful not to suppress claims.

Has the employer said the following or something similar?

• You didn’t really get hurt at work.
• Didn’t you hurt your back at home last weekend?
• If we keep workplace accidents low, employees will receive an incentive bonus. If you file a claim you will cause all your co-workers to lose their bonus.
• If you get hurt on the job, you won’t be called up for another job at this company.
• Employees who get hurt on the job have a hard time around here.
• You will be fired if you file a claim.
• You do not need to file a claim. We will take care…
• Why don’t you put this in your health insurance?

If so, that employer is trying to suppress a claim.

What to do if you learn of your employer’s suppression of claims?

• File your workers compensation claim
• Discuss your situation with a Washington workers’ compensation (L&I) attorney.
• Go online and file a complaint against your employer – Claim Suppression Complaint Form. See also RCW 51.28.025(4).
• DLI Has Investigative and Subpoena Power: The Department Director, or the Director’s designee, must investigate reports or complaints that an employer has engaged in claim suppression. Any complaint must be received in writing and must include the name or names of the person or organization making the complaint. In cases where the Department can demonstrate probable cause, the Director is given the authority to subpoena records of the employer, medical providers, and any other entities the Director believes may have relevant information. The Director’s investigative and subpoena authority is limited solely to investigations of claims suppression allegations or where the Director has probable cause that claims suppression may have occurred.

The problem of company doctors and nurses or work clinics that have a close relationship with employers

Most doctors and nurses are good people who really try to help their patients. However, company doctors and nurses or clinics serving employers may have an incentive to downplay their role in reporting injuries. Your legal obligation is clear.

RCW 51.28.020 establishes, among other things:

“…The physician or advanced certified nurse practitioner who treated the injured worker will inform the injured worker of his or her rights under this title and will provide all necessary assistance in filing this claim for compensation and proof of other matters as required by the rules of the department free of charge for the worker…”

Doctors and nurses who contribute to the suppression of claims are unethical and should be reported to licensing boards for their unprofessional conduct. There is no legitimate excuse for any medical professional to use her position of influence and power to harm their own patient. To report a medical professional who is doing something wrong, please complete the appropriate reporting form.

Suppression of claims is illegal.