What is a hardship waiver?

A hardship waiver is a type of legal remedy available under Washington Workers Compensation Law. This type of waiver allows an injured employee to receive workers comp benefits without having to first wait for a decision from the state agency that handles workers compensation claims. In Washington, an employee must be able to prove that they suffered a “hardship” due to their injury in order to be eligible for a hardship waiver. A hardship is defined as a financial burden that would result from not receiving the workers compensation benefits or a medical condition that would prevent the employee from returning to work. When an employee is approved for a hardship waiver, they will be able to receive compensation benefits without any delay or additional paperwork. However, the employee may still need to meet all the standard requirements of Washington Workers Compensation Law in order to receive those benefits. To apply for a hardship waiver, the employee must first file a claim with the Washington State Department of Labor & Industries and provide evidence that they suffered a hardship due to their injury. The claim is then reviewed by an administrative law judge who will determine if the employee qualifies for the hardship waiver. If approved, the employee can receive workers comp benefits immediately and without waiting for a decision from the state.

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