Workers' Compensation Law Summaries
Washington, Workers' Compensation Law Summaries
Washington's workers' compensation law is located in the Annotated Revised Code of Washington at Title 51, Chapters 51.04–51.98.
COVERAGE
Coverage is compulsory for all employment in Washington (Sec. 51.12.020), however, partners, sole proprietors, joint venturers and corporate officers (Sec. 51.12.020) who are shareholders/directors may elect coverage. Coverage is also compulsory for all public employment (Secs. 51.12.050 and 51.12.090).
Public entities that form partnerships with volunteer groups and businesses to engage in community improvement projects to preserve historic property must provide written notice of risks and responsibilities to the donors and participants. They must also pay workers' compensation premiums to ensure medical aid benefits for volunteers donating labor on the project (Sec. 51.12.050). Contractors donating materials or equipment for use on the project are not considered employers, unless they pay individual wages. Musicians or entertainers who perform as a member of a recognized entity are covered (Sec. 51.12.130).
Offenders performing community restitution may be deemed employees at the option of the jurisdiction authorizing the community service (Sec. 51.12.045). Registered apprentices are covered (Sec. 51.12.135).
EXCEPTIONS
The law does not include domestics; voluntary law enforcement officers; Indian tribes or tribal members employed on a reservation; home repair and gardening workers; sole proprietors and partners; railroad workers (Sec. 51.12.080) ; unpaid workers in charitable institutions; and children under the age of 18 working on a family farm or persons who are between the ages of 18 and 21 (Sec. 51.12.025) if the individual lives with his or her parents or resides on the family farm and the parents of that person elect in writing to exclude him or her from mandatory coverage.
Jockeys; employment that is not in the usual course of the employer's business; musicians and entertainers under contract for a specific engagement; newspaper carriers that sell or distribute on the street or from house-to-house; insurance agents, brokers and solicitors; and interstate truckers are also excluded (Sec. 51.12.020).
Activities of persons attendant to operating the person's truck that is leased to a common or contract carrier are not covered (Secs. 51.08.100 and 51.12.095).
Employers of persons excluded from mandatory coverage may elect coverage (Secs. 51.12.110 and 51.12.140).
A contractor registered under Chapter 18.27 or licensed under Chapter 19.28 is not responsible for premiums on the work of subcontractors under certain circumstances (Sec. 51.12.070).
WHAT THE EMPLOYER MUST DO
Insurance choices.- Employers must either self-insure or insure with the state fund (Sec. 51.14.010).
Waiting period.- Workers' compensation benefits are not payable for the day of injury and three days following the injury unless the disability resulting from the injury lasts for 14 consecutive days following the injury (Sec. 51.32.090).
Choice of provider.- The employee may choose the treating physician or, until June 30, 2007, the licensed advanced registered nurse practitioner (Sec. 51.36.010). Every employer that employs workers must keep a first aid kit or kits as required by department rules (Sec. 51.36.030).
Reports and records.- Every self insurer must keep a record of payments of compensation (Sec. 51.14.110). Every employer must keep a record of employment (Sec. 51.16.070). Whenever an employer has notice or knowledge of an injury or occupational disease sustained by any employee in his or her employment who received treatment, has been hospitalized, disabled from work or has died as the apparent result, the employer must immediately report it to the department (Sec. 51.28.025)
Offset provisions.- Washington reduces temporary and permanent total disability benefits to allow an offset for Social Security retirement benefits under the federal OASDI, as well as for Social Security disability benefits for persons under age 65. If the entitlement to Social Security retirement benefits is not immediately preceded by an entitlement to Social Security disability benefits, the offset is based on procedures established by the state's department of labor and industries (Sec. 51.32.225).
NOTICE
It is the duty of the worker or someone on the worker's behalf to report the accident to the employer, superintendent or supervisor. The employer then must report the accident and injury, where the worker has received treatment from a physician or, until June 30, 2007, from a licensed advanced registered nurse practitioner, has been hospitalized, disabled from work, or has died as the apparent result of such accident and injury, to the Department of Labor and Industries. Upon receipt, the department must immediately send the worker (or the beneficiaries) notice, in nontechnical language, of their rights under the law. The notice must specify the worker's right to receive health services from a physician or from a licensed advanced registered nurse practitioner of his or her choice, including chiropractic services, and it must list the types of providers authorized to provide these services (Sec. 51.28.010, as amended by L. 2007, WA HB 1666).
See also WHAT THE EMPLOYER MUST DO, above.
POSTING
Every self insured employer subject to the industrial insurance law must post in a conspicuous place or places a reasonable number of notices of compliance (Sec. 51.14.100).
See ¶49-9900 .
PENALTIES
A self insurer that unreasonably delays or refuses to pay benefits can be ordered to pay the greater of $500 or 25 percent of the amount due (Sec. 51.48.017).
An employer that knowingly misrepresents the amount of employee payroll or hours upon which premium is based is liable to the state for up to ten times the amount of the difference in premiums paid and what should have been paid and the reasonable expenses of auditing the employer's books and collecting sums owed. An employer can be ordered to pay the premium plus a penalty equal to 100 percent of the owed premium, plus interest (Sec. 51.48.020). An employer found to have engaged in suppressing claims can be fined from $250 to $2,500 (Sec. 51.28.025, as amended by L. 2007, WA SB 5443).
An employee who successfully proves retaliatory discharge for filing an injury claim may be required to be rehired or reinstated (Sec. 51.48.025).
Every employer that fails to keep required records is subject to a penalty not to exceed the greater of $250 or 200 percent of the quarterly tax (Sec. 51.48.030).
An employer that directly or indirectly demands or collects money from employees for medical treatment (for workplace injuries) is liable to the state medical aid fund for 10 times the amount demanded or collected (Sec. 51.48.050).
Every person, firm or corporation that violates industrial insurance rules is subject to a penalty of up to $500 (Sec. 51.48.080).
Stop work orders.- In addition to the penalties provided by this chapter above, an employer performing services that require registration under chapter 18.27 RCW or licensing under chapter 19.28 RCW who violates RCW 51.14.010 (see WHAT THE EMPLOYER MUST DO above) may be subject to a stop work order issued under this section (S. 5613, L. 2009).
If the director determines after an investigation that an employer is in violation of RCW 51.14.010, the director may issue a stop work order against the employer requiring the cessation of business operations of the employer (S. 5613, L. 2009).
When a stop work order is served on a worksite by posting a copy of the stop work order in a conspicuous location at the worksite, it is effective as to the employer's operations on that worksite. When a stop work order is served on the employer, the order is effective to all employer worksites for which the employer is not in compliance. Business operations of the employer must cease immediately upon service consistent with the stop work order. The order remains in effect until the director issues an order releasing the stop work order upon finding that the employer has come into compliance and has paid any premiums, penalties, and interest under this title or issues an order of conditional release (S. 5613, L. 2009).
An employer who violates a stop work order is subject to a $1,000 for each day not in compliance (S. 5613, L. 2009).
An employer against whom a stop work order has been issued may request reconsideration from the department or may appeal to the board of industrial insurance appeals. The request must be made in writing to the department or the board within 10 days of receiving the stop work order at the worksite or in person. If the department conducts a reconsideration, it must be concluded within 10 days of receiving the request for reconsideration by the employer. The stop work order remains in effect during the period of reconsideration or appeal, unless the employer furnishes to the department a cash deposit or bond in the amount of $5,000 or $1,000 per covered worker identified, whichever is greater. At time of a final order upholding a stop work order, the bond or cash deposit will be seized and applied to the premium, penalty, and interest balance of that employer. In an appeal before the board, the appellant has the burden of proceeding with the evidence to establish a prima facie case for the relief sought in such appeal (S. 5613, L. 2009).
The director may issue an order of conditional release from the stop work order if the employer has complied with the coverage requirements of this title and agreed to pay premiums, penalties, and interest through a payment schedule. If the terms of the schedule are not met, the stop work order may be reinstated and the unpaid balance will become due (S. 5613, L. 2009).
Stop work orders and penalties assessed under this chapter remain in effect against any successor corporation or business entity that has one or more of the same principals or officers as the employer against whom the stop work order was issued and which is engaged in the same or equivalent trade or activity (S. 5613, L. 2009).
CONTACTS
Department of Labor and Industries, P.O. Box 44000, Olympia, WA 98504. Tel:. 360-902-5800, Fax: 360-902-5798, TDD: 360-902-5797.
<p>Department of Labor and Industries, P.O. Box 44000, Olympia, WA 98504. Tel:. 360-902-5800, Fax: 360-902-5798, TDD: 360-902-5797.</p>
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