Pension - Permanent Total Disability

What is an L&I pension?

An L&I pension, also called permanent total disability, is granted to an injured worker when his or her injuries prevent him or her from working gainful employment ever again. The pension benefit is a wage replacement payment from L&I or your SIE every single month for the rest of your life until you die. Pension is a huge benefit. That being said, pension is difficult to achieve for injured workers. If you are a potential candidate for pension, it is imperative that you have the right legal team by your side. Contact our office for a free case evaluation.

Who qualifies for an L&I pension?

An L&I pension is granted to an injured worker if the injured worker is “permanently totally disabled.” Now, this does not necessarily mean that the injured worker is completely incapacitated—It just means that because of your work injuries, and considering all other relevant factors including your work history, transferable skills, and prior injuries, you are no longer capable of performing gainful employment with a reasonable degree of success and continuity.  Not every case is a pension, but more injured workers qualify than one might think.

What happens to my L&I pension when I die?

Your pension does not have to terminate upon your death. An L&I pension can be given to your spouse or your child upon your death.

Will my L&I pension transfer to my spouse?

In order for your L&I pension to transfer to your spouse upon your death, you must be married at the time pension is granted. Your relationship status with your partner should be carefully considered if you want your partner to receive your pension.

Will my L&I pension transfer to my child?

Under certain circumstances, your pension may transfer to your child upon your death. If you die with a minor child, your pension may transfer to your child until your child reaches the age of 18, or if your child goes to college, he or she may receive your pension until he or she reaches the age of 23.

It is important to note that your L&I pension will not transfer to your spouse or your child automatically. You must indicate your intention to L&I by properly filling out the pension option form.

What is a COLA?

Will your COLA stands for cost of living adjustment. A COLA is an is an annual increase to your pension or time loss wage to adjust for inflation and other changes in the economy and labor market. A COLA  is assessed for almost all injured workers receiving pension and time loss payments in July every year. However, you are not eligible for a COLA in the first July of your claim—you begin receiving COLAs on your benefits starting the second July of your date of injury.

Can I receive an L&I pension and retirement?

Yes. An L&I pension does not affect your entitlement to your separate retirement benefits. Your L&I pension is an injury pension, which is not the same as a retirement pension. Don’t get the two confused. You are entitled to receive both at the same time.