title: RCW 51.14.160

text:
The director shall promulgate rules to carry out the purposes of RCW 51.14.150:
(1) Governing the formation of self-insurance groups for the purposes of this chapter;
(2) Governing the organization and operation of the groups to assure their compliance with the requirements of this chapter;
(3) Requiring adequate monetary reserves, determined under accepted actuarial practices, to be maintained by each group to assure financial solvency of the group; and
(4) Requiring each group to carry adequate reinsurance.
[ 1983 c 174 s 3; 1982 c 191 s 8.]
Notes:
Severability—1982 c 191: See note following RCW 28A.335.210.

catchline: School districts, ESDs, or hospitals as self-insurers—Rules—Scope.


doc_type: statute

jurisdiction: wa

title: RCW 51.14.170

text:
(1) Self-insured employers may elect to have their claims administered by a third party or they may elect to self-administer their claims. Third-party administrators given the responsibility of administering the claims of workers by an employer shall be licensed by the department. All employer claims administrators given the responsibility of administering the claims of workers shall maintain certification established by the department.
(2) The department shall adopt rules to administer this section. The rules for licensing third-party administrators must:
(a) Incorporate the department's rules for self-insurers in effect as of March 2020;
(b) Include criteria for determining appropriate penalties for violation of their responsibilities and duties, including managing claims, engaging in the department's management of claims, coordinating proper employment of injured workers during the pendency of the worker's claim, making requests of the department in individual cases, or participating in appeals involving a worker's benefits in a way that furthers the purpose of this title;
(c) Consider recognized and approved claim processing practices within the industrial insurance industry, and the industrial insurance laws and rules of this state;
(d) Consider similar licensure rules under the insurance laws and rules of this state; and
(e) Include requirements for maintaining a license, and any penalties for violation of those licensing requirements.
[ 2020 c 277 s 8.]
Notes:
Effective date—2020 c 277 s 8: "Section 8 of this act takes effect July 1, 2021." [ 2020 c 277 s 10.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Administration of claims—Third-party administrators.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 51.14.180

text:
(1) All self-insured employers and third-party administrators have a duty of good faith and fair dealing to workers relating to all aspects of this title. The duty of good faith requires fair dealing and equal consideration for the worker's interests.
(2) An employer or third-party administrator violates its duty to the worker if it coerces a worker to accept less than the compensation due under this title, or otherwise fails to act in good faith and fair dealing regarding its obligations under this title.
(3) The department shall adopt by rule additional applications of the duty of good faith and fair dealing as well as criteria for determining appropriate penalties for violations. In adopting a rule under this subsection, the department shall consider, among other factors, recognized and approved claim processing practices within the insurance industry, the department's own experience, and the industrial insurance and insurance laws and rules of this state.
(4) The department shall investigate each alleged violation of this section upon the filing of a written complaint or upon its own motion. After receiving notice and a request for a response from the department, the employer or third-party administrator may file a written response within 10 working days. If the employer or third-party administrator fails to file a timely response, the department shall issue an order based on available information.
(5) The department shall issue an order determining whether a violation of this section has occurred, in conformance with RCW 51.52.050, within 30 calendar days of receipt of a complete complaint or its own motion. An order finding that a violation has occurred must also order the employer to pay a penalty of one to 52 times the average weekly wage at the time of the order, depending upon the severity of the violation, which accrues for the benefit of the worker.
(6)(a) If the department determines that a self-insurer has violated the duty of good faith and fair dealing in this section two or more times within a three-year period, the director must impose corrective action against the self-insurer in accordance with the requirements in this subsection and RCW 51.14.095, which must include a period in probationary status. The department must impose appropriate restrictions and changes that are necessary for preventing future violations, for which the department must audit compliance for the term of the applicable corrective action. If the self-insurer is found to have committed a subsequent violation while subject to a corrective action, the department must withdraw the self-insurer's certification under RCW 51.14.080. Following the corrective action, the department may withdraw the self-insurer's certification under RCW 51.14.080 based on an assessment of whether the self-insurer has complied with the terms of the corrective action or is likely to commit future violations of the duty of good faith and fair dealing.
(b) If a self-insurer who has previously been subject to a corrective action under (a) of this subsection subsequently commits two or more violations within a two-year period, requiring a corrective action under (a) of this subsection, and such action would occur within 10 years of completing a prior corrective action and probationary period under this subsection, the department must withdraw the self-insurer's certification under RCW 51.14.080.
(c) For purposes of determining the timing of violations for the requirements in this subsection, the director must use the date of the department's order. Any subsequent order of the department, board of industrial insurance appeals, or courts affirming a violation occurred relates back to the date of the department's order.
(7) Errors or delays that are inadvertent or minor are not considered violations of good faith and fair dealing.
[ 2025 c 338 s 2; 2023 c 293 s 3.]
Notes:
Application—Effective date—2025 c 338: See notes following RCW 51.14.080.
Application—2023 c 293: "This act applies to all claims regardless of the date of injury." [ 2023 c 293 s 6.]
Effective date—2023 c 293: "This act takes effect July 1, 2024." [ 2023 c 293 s 7.]

catchline: Duty of good faith—Rules—Violations.


title: RCW 51.14.181

text:
Nothing in chapter 293, Laws of 2023 shall be interpreted as allowing a private cause of action outside of the original jurisdiction of the department to assess penalties and rights to appeal as provided in this title.
[ 2023 c 293 s 5.]
Notes:
Application—Effective date—2023 c 293: See notes following RCW 51.14.180.

catchline: Duty of good faith—No private cause of action.


title: RCW 51.14.300

text:
The office of the ombuds for workers of industrial insurance self-insured employers is created. The ombuds shall be appointed by the governor and report directly to the director of the department. The office of the ombuds may be openly and competitively contracted by the governor in accordance with chapter 39.26 RCW but shall not be physically housed within the industrial insurance division.
[ 2013 c 23 s 105; 2007 c 281 s 1.]

catchline: Ombuds office created—Appointment—Open and competitive contracting.


title: RCW 51.14.310

text:
The person appointed ombuds shall hold office for a term of six years and shall continue to hold office until reappointed or until his or her successor is appointed. The governor may remove the ombuds only for neglect of duty, misconduct, or inability to perform duties. Any vacancy shall be filled by similar appointment for the remainder of the unexpired term.
[ 2013 c 23 s 106; 2007 c 281 s 2.]


title: RCW 51.14.320

text:
Any ombuds appointed under this chapter shall have training or experience, or both, in the following areas:
(1) Washington state industrial insurance including self-insurance programs;
(2) The Washington state legal system;
(3) Dispute or problem resolution techniques, including investigation, mediation, and negotiation.
[ 2013 c 23 s 107; 2007 c 281 s 3.]

catchline: Ombuds—Training or experience qualifications.


title: RCW 51.14.330

text:
During the first two years after the office of the ombuds is created, the staffing level shall be no more than four persons, including the ombuds and any administrative staff. Thereafter, the staffing levels shall be determined based upon the office of the ombuds's workload and whether any additional locations are needed.
[ 2013 c 23 s 108; 2007 c 281 s 4.]

catchline: Ombuds office—Staffing level.


title: RCW 51.14.340

text:
The office of the ombuds shall have the following powers and duties:
(1) To act as an advocate for injured workers of self-insured employers;
(2) To offer and provide information on industrial insurance as appropriate to workers of self-insured employers;
(3) To identify, investigate, and facilitate resolution of industrial insurance complaints from workers of self-insured employers;
(4) To maintain a statewide toll-free telephone number for the receipt of complaints and inquiries; and
(5) To refer complaints to the department when appropriate.
[ 2013 c 23 s 109; 2007 c 281 s 5.]

catchline: Ombuds office—Powers and duties.


title: RCW 51.14.350

text:
(1) The office of the ombuds shall develop referral procedures for complaints by workers of self-insured employers. The department shall act as quickly as possible on any complaint referred to them by the office of the ombuds.
(2) The department shall respond to any complaint against a self-insured employer referred to it by the office of the ombuds and shall forward the office of the ombuds a summary of the results of the investigation and action proposed or taken.
[ 2013 c 23 s 110; 2007 c 281 s 6.]

catchline: Ombuds office—Referral procedures—Department response to referred complaints.


title: RCW 51.14.360

text:
(1) No ombuds is liable for good faith performance of responsibilities under this chapter.
(2) No discriminatory, disciplinary, or retaliatory action may be taken against any employee of a self-insured employer for any communication made, or information given or disclosed, to assist the ombuds in carrying out its duties and responsibilities, unless the same was done maliciously. This subsection is not intended to infringe on the rights of the employer to supervise, discipline, or terminate an employee for other reasons.
(3) All communications by the ombuds, if reasonably related to the requirements of his or her responsibilities under this chapter and done in good faith, are privileged and confidential, and this shall serve as a defense to any action in libel or slander.
(4) Representatives of the office of the ombuds are exempt from being required to testify as to any privileged or confidential matters except as the court may deem necessary to enforce this chapter.
[ 2013 c 23 s 111; 2007 c 281 s 7.]

catchline: Ombuds liability—Discriminatory, disciplinary, or retaliatory actions—Communications privileged and confidential—Testimony.


title: RCW 51.14.370

text:
All records and files of the ombuds relating to any complaint or investigation made pursuant to carrying out its duties and the identities of complainants, witnesses, or injured workers shall remain confidential unless disclosure is authorized by the complainant or injured worker or his or her guardian or legal representative. No disclosures may be made outside the office of the ombuds without the consent of any named witness or complainant unless the disclosure is made without the identity of any of these individuals being disclosed.
[ 2013 c 23 s 112; 2007 c 281 s 8.]

catchline: Confidentiality of ombuds records and files—Disclosure prohibited—Exception.


title: RCW 51.14.380

text:
The ombuds shall integrate into existing posters and brochures information explaining the ombuds program. Both the posters and the brochures shall contain the ombuds's toll-free telephone number. Every self-insured employer must place a poster in an area where all workers have access to it. The self-insured employer must provide a brochure to all injured workers at the time the employer is notified of the worker's injury.
[ 2013 c 23 s 113; 2007 c 281 s 9.]

catchline: Explaining ombuds program—Posters and brochures.


title: RCW 51.14.390

text:
(1) To provide start-up funding for the office of the ombuds, the department shall impose a one-time assessment on all self-insurers. The amount of the assessment shall be determined by the department and shall not exceed the amount needed to pay the start-up costs.
(2) Ongoing funding for the office of the ombuds shall be obtained as part of an annual administrative assessment of self-insurers under RCW 51.44.150. This assessment shall be proportionately based on the number of claims for each self-insurer during the past year.
[ 2013 c 23 s 114; 2007 c 281 s 10.]

catchline: Ombuds office—Funding.


title: RCW 51.14.400

text:
(1) The ombuds shall provide the governor with an annual report that includes the following:
(a) A description of the issues addressed during the past year and a very brief description of case scenarios in a form that does not compromise confidentiality;
(b) An accounting of the monitoring activities by the ombuds; and
(c) An identification of the deficiencies in the industrial insurance system related to self-insurers, if any, and recommendations for remedial action in policy or practice.
(2) The first annual report shall be due on or before October 1, 2008. Subsequent reports shall be due on or before October 1st.
[ 2013 c 23 s 115; 2007 c 281 s 12.]

catchline: Ombuds—Annual report to governor.


title: RCW 51.14.500

text:
(1) For self-insurers authorized under RCW 51.14.150 and self-insurers who are counties, cities, or municipal employers who have their self-insurer status terminated by the director pursuant to RCW 51.14.080, the department shall fulfill the decertified self-insured employer's obligations including paying compensation. The decertified self-insured employer is liable to and shall reimburse the department all payments made through periodic charges not less than quarterly in a manner to be determined by the director.
(2) The director shall adopt rules to carry out the purposes of this section including, but not limited to, rules regarding continuing obligations of decertified self-insured employers and methods of how the self-insured employer shall meet financial obligations.
[ 2025 c 57 s 1.]

catchline: Certain decertified self-insurers—Compensation obligations—Reimbursement.


title: RCW 51.16.035

text:
(1) The department shall classify all occupations or industries in accordance with their degree of hazard and fix therefor basic rates of premium which shall be:
(a) The lowest necessary to maintain actuarial solvency of the accident and medical aid funds in accordance with recognized insurance principles; and
(b) Designed to attempt to limit fluctuations in premium rates.
(2) The department shall formulate and adopt rules governing the method of premium calculation and collection and providing for a rating system consistent with recognized principles of workers' compensation insurance which shall be designed to stimulate and encourage accident prevention and to facilitate collection. The department may annually, or at such other times as it deems necessary to achieve the objectives under this section, readjust rates in accordance with the rating system to become effective on such dates as the department may designate.
(3)(a) After the first report is issued by the state auditor under RCW 51.44.115, the workers' compensation advisory committee shall review the report and, as the committee deems appropriate, may make recommendations to the department concerning:
(i) The level or levels of a contingency reserve that are appropriate to maintain actuarial solvency of the accident and medical aid funds, limit premium rate fluctuations, and account for economic conditions; and
(ii) When surplus funds exist in the trust funds, the circumstances under which the department should give premium dividends, or similar measures, or temporarily reduce rates below the rates fixed under subsection (1) of this section, including any recommendations regarding notifications that should be given before taking the action.
(b) Following subsequent reports issued by the state auditor under RCW 51.44.115, the workers' compensation advisory committee may, as it deems appropriate, update its recommendations to the department on the matters covered under (a) of this subsection.
(4) In providing a retrospective rating plan under RCW 51.18.010, the department may consider each individual retrospective rating group as a single employing entity for purposes of dividends or premium discounts.
(5) The department shall publish the actuarially indicated rate for each risk classification as part of its proposed premium rates for the upcoming year.
(6)(a) If the director limits the maximum premium rate increase for any risk classification below the level indicated by applying generally accepted actuarial principles to the risk class, the department must publish information about the limitation when it proposes its premium rates for the upcoming year. Such information must include, but is not limited to:
(i) The rate classifications limited by the director and the respective proposed rate;
(ii) What the rate for the class would have been according to generally accepted actuarial principles had a maximum increase limitation not been set by the director;
(iii) The premium rate increase imposed upon other risk classes as a result of the limitation.
(b) The department shall publish the information described in this subsection (6) on its website and as part of its proposed premium rates for the upcoming year.
(c) The department shall submit the information described in this subsection (6) to the appropriate committees of the legislature and to the workers' compensation advisory committee.
[ 2026 c 162 s 2; 2005 c 410 s 1; 1999 c 7 s 8; 1989 c 49 s 1; 1980 c 129 s 4; 1977 ex.s. c 350 s 24; 1971 ex.s. c 289 s 16.]
Notes:
Intent—Findings—2026 c 162: "(1) The legislature finds that:
(a) Open and transparent governance is an absolute necessity for any state program. With it, the people the government serves are fully informed of its successes and can appropriately address its shortfalls. In its absence, failures continue onward unchecked. At a minimum, the lack of transparent decision making shakes the public's confidence in the state;
(b) This axiom is strained during the premium rate-setting process for the state's workers' compensation program. It has become common practice to artificially limit the premium rate change for certain risk classes below what it should be based on actuarial principles. Meanwhile, the rate classes limited, their actual premium, and how the limited rate is subsidized across other risk classes is not presented in a clear and concise manner;
(c) This practice leads to increased use of contingency reserves to further limit proposed rates. The department of labor and industries has utilized contingency reserves to cap the proposed premium rate for three consecutive years. In the latest rate setting this is an 8.1 percent reduction from the "break-even" rate, leading to a $240,000,000 reduction in contingency reserves. Use of reserves to limit the annual rate increase, while laudable in the short term, is not a sustainable option;
(d) This practice clouds the workers' compensation program's true costs, leaves the people uninformed, and makes the legislature slow to the draw on potential reforms.
(2) Therefore, it is the intent of the legislature to promote open and transparent governance, and to ensure the continued health of the state's workers' compensation program, through the proper reporting of annually proposed premium rates." [ 2026 c 162 s 1.]
Applicability—2005 c 410 s 1: "Section 1 of this act applies to industrial insurance rates adopted by the department of labor and industries that take effect on or after January 1, 2008." [ 2005 c 410 s 2.]
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.

catchline: Classifications—Premiums—Rules—Workers' compensation advisory committee recommendations.


title: RCW 51.16.040

text:
The compensation and benefits provided for occupational diseases shall be paid and in the same manner as compensation and benefits for injuries under this title.
[ 1971 ex.s. c 289 s 83; 1961 c 23 s 51.16.040. Prior: 1959 c 308 s 12; 1941 c 235 s 2; Rem. Supp. 1941 7679-1.]
Notes:
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.

catchline: Occupational diseases.


title: RCW 51.16.042

text:
Inasmuch as business, industry and labor desire to provide for testing, research, training and teaching facilities and consulting services at the University of Washington for industrial and occupational health for workers in the environmental research facility thereat, all employers shall bear their proportionate share of the cost therefor. The director may require payments to the department from all employers under this title and may make rules and regulations in connection therewith, which costs shall be paid from the department, in lieu of the previous provisions of RCW 28B.20.458.
[ 1977 ex.s. c 350 s 25; 1971 ex.s. c 289 s 84; 1963 c 151 s 2.]
Notes:
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.
Occupational and environmental research facility at University of Washington: RCW 28B.20.450 through 28B.20.458.

catchline: Occupational and environmental research facility.


title: RCW 51.16.060

text:
Except as provided in RCW 51.16.250, every employer not qualifying as a self-insurer, shall insure with the state and shall, on or before the last day of January, April, July and October of each year thereafter, furnish the department with a true and accurate payroll for the period in which workers were employed by it during the preceding calendar quarter, the total amount paid to such workers during such preceding calendar quarter, and a segregation of employment in the different classes established pursuant to this title, and shall pay its premium thereon to the appropriate fund. Premiums for a calendar quarter, whether reported or not, shall become due and delinquent on the day immediately following the last day of the month following the calendar quarter. The sufficiency of such statement shall be subject to the approval of the director: PROVIDED, That the director may in his or her discretion and for the effective administration of this title require an employer in individual instances to furnish a supplementary report containing the name of each individual worker, his or her hours worked, his or her rate of pay and the class or classes in which such work was performed: PROVIDED FURTHER, That in the event an employer shall furnish the department with four consecutive quarterly reports wherein each such quarterly report indicates that no premium is due the department may close the account: PROVIDED FURTHER, That the department may promulgate rules and regulations in accordance with chapter 34.05 RCW to establish other reporting periods and payment due dates in lieu of reports and payments following each calendar quarter, and may also establish terms and conditions for payment of premiums and assessments based on estimated payrolls, with such payments being subject to approval as to sufficiency of the estimated payroll by the department, and also subject to appropriate periodic adjustments made by the department based on actual payroll: AND PROVIDED FURTHER, That a temporary help company which provides workers on a temporary basis to its customers shall be considered the employer for purposes of reporting and paying premiums and assessments under this title according to the appropriate rate classifications as determined by the department: PROVIDED, That the employer shall be liable for paying premiums and assessments, should the temporary help company fail to pay the premiums and assessments under this title.
[ 2022 c 281 s 12; 1985 c 315 s 1; 1981 c 260 s 13. Prior: 1977 ex.s. c 350 s 26; 1977 ex.s. c 323 s 11; 1973 1st ex.s. c 32 s 1; 1971 ex.s. c 289 s 76; 1965 ex.s. c 80 s 1; 1961 c 23 s 51.16.060; prior: 1959 c 308 s 14; 1957 c 70 s 47; prior: 1947 c 247 s 1, part; Rem. Supp. 1947 s 7676c, part.]
Notes:
Effective dates—2022 c 281 ss 8-13, 17, and 28: See note following RCW 51.12.020.
Severability—Effective date—1977 ex.s. c 323: See notes following RCW 51.04.040.
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.

catchline: Quarterly report of payrolls.


title: RCW 51.16.070

text:
(1)(a) Every employer shall keep at his or her place of business a record of his or her employment from which the information needed by the department may be obtained and such record shall at all times be open to the inspection of the director, supervisor of industrial insurance, or the traveling auditors, agents, or assistants of the department, as provided in RCW 51.48.040.
(b) An employer who contracts with another person or entity for work subject to chapter 18.27, 18.106, or 19.28 RCW shall obtain and preserve a record of the unified business identifier account number for and the compensation paid to the person or entity performing the work. Failure to obtain or maintain the record is subject to RCW 39.06.010 and to a penalty under RCW 51.48.030.
(2) Information obtained from employing unit records under the provisions of this title shall be deemed confidential and shall not be open to public inspection (other than to public employees in the performance of their official duties), but any interested party shall be supplied with information from such records to the extent necessary for the proper presentation of the case in question: PROVIDED, That any employing unit may authorize inspection of its records by written consent.
[ 2023 c 88 s 12; 2008 c 120 s 5; 1997 c 54 s 3; 1961 c 23 s 51.16.070. Prior: 1957 c 70 s 48; prior: 1947 c 247 s 1, part; Rem. Supp. 1947 s 7676c, part.]
Notes:
Conflict with federal requirements—Severability—2008 c 120: See notes following RCW 18.27.030.

catchline: Employer's records—Unified business identifier—Confidentiality.


title: RCW 51.16.090

text:
To the end that no employer shall evade the burdens imposed by an unfavorable or high cost experience, the director may determine whether or not an increase, decrease, or change (1) of operating property; (2) of interest in operating property; (3) of employer; (4) of personnel or interest in employer is sufficient to show a bona fide change which would make inoperative any high cost experience: PROVIDED, That where an employer is now or has prior to January 1, 1958, been covered under the provisions of this title for a period of at least two years and subsequent thereto the legal structure of the employer changes by way of incorporation, disincorporation, merger, consolidation, transfer of stock ownership, or by any other means, such person or entity as legally reconstituted shall be entitled to a continuation of the experience rating which existed prior to such change in the employer's legal structure unless there has been such a substantial change as provided in subdivisions (1), (2), (3) or (4) of this section as would warrant making inoperative any high cost experience.
[ 1961 c 23 s 51.16.090. Prior: 1959 c 179 s 1; 1957 c 70 s 49; prior: 1947 c 247 s 1, part; Rem. Supp. 1947 s 7676c, part.]

catchline: Continuity of cost experience.


title: RCW 51.16.100

text:
It is the intent that the accident fund shall ultimately become neither more nor less than self-supporting, except as provided in RCW 51.16.105 and, if in the adjustment of premium rates by the director the moneys paid into the fund by any class or classes shall be insufficient to properly and safely distribute the burden of accidents occurring therein, the department may divide, rearrange, or consolidate such class or classes, making such adjustment or transfer of funds as it may deem proper. The director shall make corrections of classifications or subclassifications or changes in rates, classes and subclasses when the best interest of such classes or subclasses will be served thereby.
[ 1961 c 23 s 51.16.100. Prior: 1953 c 218 s 1; prior: (i) 1947 c 247 s 1, part; Rem. Supp. 1947 s 7676d, part. (ii) 1947 c 247 s 1, part; Rem. Supp. 1947 s 7676e, part.]

catchline: Classification changes.


title: RCW 51.16.105

text:
(1) All department expenses relating to industrial safety and health services of the department pertaining to workers' compensation shall be paid by the department and financed by premiums and by assessments collected from a self-insurer as provided in this title.
(2) The department shall include in all rate notices sent to state fund and self-insured employers an accounting that clearly identifies all programs and services that are financed in whole or in part by state fund premiums or self-insurers' administrative assessments.
[ 2011 c 175 s 1; 1994 c 164 s 26; 1977 ex.s. c 350 s 27; 1973 1st ex.s. c 52 s 8; 1971 ex.s. c 289 s 86; 1961 c 23 s 51.16.105. Prior: 1953 c 218 s 2.]
Notes:
Effective date—1973 1st ex.s. c 52: See note following RCW 43.22.010.
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.

catchline: Departmental expenses, financing, accounting.


title: RCW 51.16.107

text:
The department shall, working with business associations and other employer and employee groups when practical, publish information and provide training to promote understanding of the premium liability that may be incurred under this chapter.
[ 2004 c 243 s 4.]
Notes:
Adoption of rules—2004 c 243: See note following RCW 51.08.177.

catchline: Information and training on premium liability.


title: RCW 51.16.110

text:
Every employer who shall enter into any business, or who shall resume operations in any work or plant after the final adjustment of his or her payroll in connection therewith, or who was formerly a self-insurer and wishes to continue his or her operations subject to this title, shall, before so commencing or resuming or continuing operations, as the case may be, notify the department of such fact.
[ 1991 c 88 s 4; 1977 ex.s. c 323 s 12; 1971 ex.s. c 289 s 4; 1961 c 23 s 51.16.110. Prior: 1959 c 179 s 2; 1959 c 308 s 15; prior: 1957 c 70 s 50; 1951 c 236 s 4; 1947 c 247 s 1, part; Rem. Supp. 1947 s 7676c, part.]
Notes:
Severability—Effective date—1977 ex.s. c 323: See notes following 51.04.040.
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.

catchline: New businesses or resumed or continued operations.


title: RCW 51.16.120

text:
(1) Whenever a worker has a previous bodily disability from any previous injury or disease, whether known or unknown to the employer, and suffers a further disability from injury or occupational disease in employment covered by this title and becomes totally and permanently disabled from the combined effects thereof or dies when death was substantially accelerated by the combined effects thereof, then the experience record of an employer insured with the state fund at the time of the further injury or disease must be charged and a self-insured employer must pay directly into the self-insurance reserve fund only the accident cost which would have resulted solely from the further injury or disease, had there been no preexisting disability, and which accident cost must be based upon an evaluation of the disability by medical experts. The difference between the charge thus assessed to such employer at the time of the further injury or disease and the total cost of the pension reserve must be assessed against the second injury fund. Except as provided in subsection (2) of this section, the department must pass upon the application of this section in all cases where benefits are paid for total permanent disability or death and issue an order thereon appealable by the employer. Pending outcome of such appeal the transfer or payment must be made as required by such order.
(2) If a self-insured employer is in default or the director has withdrawn the certification of a self-insured employer, the department may not pass on the application of this section. In such cases, the total cost of the pension reserve must first be assessed against the defaulting self-insured employer's deposit required by RCW 51.14.020 and in cases where the surety funds are insufficient the remaining cost of the pension reserve must be assessed against the insolvency trust fund.
(3) The department must, in cases of claims of workers sustaining injuries or occupational diseases in the employ of state fund employers, recompute the experience record of such employers when the claims of workers injured in their employ have been found to qualify for payments from the second injury fund after the regular time for computation of such experience records and the department may make appropriate adjustments in such cases including cash refunds or credits to such employers.
(4) To encourage employment of injured workers who have a developmental disability as defined in RCW 71A.10.020, the department may adopt rules providing for the reduction or elimination of premiums or assessments from employers of such workers and may also adopt rules for the reduction or elimination of charges against their employers in the event of further injury to such workers in their employ.
[ 2023 c 110 s 4; 2015 c 137 s 1; 2010 c 213 s 1; 2004 c 258 s 1; 1984 c 63 s 1; 1980 c 14 s 7. Prior: 1977 ex.s. c 350 s 28; 1977 ex.s. c 323 s 13; 1972 ex.s. c 43 s 13; 1961 c 23 s 51.16.120; prior: 1959 c 308 s 16; 1945 c 219 s 1; 1943 c 16 s 1; Rem. Supp. 1945 s 7676-1a.]
Notes:
Effective date—2023 c 110 ss 1 and 4-13: See note following RCW 51.44.155.
Application—2015 c 137 ss 1, 2, and 6: "Sections 1, 2, and 6 of this act apply to all workers' compensation claims that are open on or after January 1, 2016, without regard to the date of injury or occupational disease manifestation." [ 2015 c 137 s 9.]
Rules—2015 c 137: See note following RCW 51.32.096.
Severability—Effective date—1977 ex.s. c 323: See notes following RCW 51.04.040.

catchline: Distribution of further accident cost.


title: RCW 51.16.130

text:
Whenever there shall occur an accident in which three or more employees of an employer insured with the state fund are fatally injured or sustain permanent total disability, the amount of total cost other than medical aid costs arising out of such accident that shall be charged to the account of the employer, shall be twice the average cost of the pension claims arising out of such accident. The entire cost of such accident, exclusive of medical aid costs, shall be charged against and defrayed by the catastrophe injury account.
[ 1972 ex.s. c 43 s 14; 1961 c 23 s 51.16.130. Prior: 1957 c 70 s 22; prior: 1947 c 247 s 1, part; 1911 c 74 s 4, part; Rem. Supp. 1947 s 7676f, part.]

catchline: Distribution of catastrophe cost.


title: RCW 51.16.140

text:
(1) Every employer who is not a self-insurer shall deduct from the pay of each of his or her workers one-half of the amount he or she is required to pay, for medical benefits within each risk classification. Such amount shall be periodically determined by the director and reported by him or her to all employers under this title: PROVIDED, That the state governmental unit shall pay the entire amount into the medical aid fund for volunteers, as defined in RCW 51.12.035, and the state apprenticeship council shall pay the entire amount into the medical aid fund for registered apprentices or trainees, for the purposes of RCW 51.12.130. The deduction under this section is not authorized for premiums assessed under RCW 51.16.210.
(2) It shall be unlawful for the employer, unless specifically authorized by this title, to deduct or obtain any part of the premium or other costs required to be by him or her paid from the wages or earnings of any of his or her workers, and the making of or attempt to make any such deduction shall be a gross misdemeanor.
[ 1989 c 385 s 3; 1977 ex.s. c 350 s 29; 1973 c 110 s 2; 1971 ex.s. c 289 s 77; 1971 c 20 s 2; 1961 c 23 s 51.16.140. Prior: (i) 1923 c 136 s 8, part; 1919 c 129 s 1, part; 1917 c 28 s 4, part; RRS s 7713, part. (ii) 1947 c 247 s 1, part; Rem. Supp. 1947 s 7676e, part.]
Notes:
Effective date—Severability—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.

catchline: Premium liability of worker.


title: RCW 51.16.150

text:
If any employer shall default in any payment to any fund, the sum due may be collected by action at law in the name of the state as plaintiff, and such right of action shall be in addition to any other right of action or remedy. If such default occurs after demand, the director may require from the defaulting employer a bond to the state for the benefit of any fund, with surety to the director's satisfaction, in the penalty of double the amount of the estimated payments which will be required from such employer into the said funds for and during the ensuing one year, together with any penalty or penalties incurred. In case of refusal or failure after written demand personally served to furnish such bond, the state shall be entitled to an injunction restraining the delinquent from prosecuting an occupation or work until such bond is furnished, and until all delinquent premiums, penalties, interest, and costs are paid, conditioned for the prompt and punctual making of all payments into said funds during such periods, and any sale, transfer, or lease attempted to be made by such delinquent during the period of any of the defaults herein mentioned, of his or her works, plant, or lease thereto, shall be invalid until all past delinquencies are made good, and such bond furnished.
[ 2010 c 8 s 14006; 1986 c 9 s 4; 1985 c 315 s 2; 1972 ex.s. c 43 s 15; 1961 c 23 s 51.16.150. Prior: 1959 c 308 s 22; prior: 1929 c 132 s 4, part; 1923 c 136 s 3, part; 1917 c 120 s 5, part; 1917 c 28 s 2, part; 1915 c 188 s 3, part; 1911 c 74 s 8, part; RRS s 7682, part.]

catchline: Delinquent employers—Penalty after demand—Injunctive relief.


title: RCW 51.16.155

text:
In every case where an employer insured with the state fails or refuses to file any report of payroll required by the department and fails or refuses to pay the premiums due on such unreported payroll, the department shall have authority to estimate such payroll and the premiums due thereon and collect premiums on the basis of such estimate.
If the report required and the premiums due thereon are not made within ten days from the mailing of such demand by the department, which shall include the amount of premiums estimated by the department, the employer shall be in default as provided by this title and the department may have and recover judgment, warrant, or file liens for such estimated premium or the actual premium, whichever is greater.
The director or the director's designee may compromise the amount of premiums estimated by the department, whether reduced to judgment or otherwise, arising under this title if collection of the premiums estimated by the department would be against equity and good conscience.
[ 1996 c 60 s 1; 1985 c 315 s 3; 1971 ex.s. c 289 s 87.]
Notes:
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.

catchline: Failure or refusal of employer to report or pay premiums due—Collection.


title: RCW 51.16.160

text:
In all cases of probate, insolvency, assignment for the benefit of creditors, or bankruptcy, the claim of the state for the payments due shall be a lien prior to all other liens or claims and on a parity with prior tax liens and the mere existence of such cases or conditions shall be sufficient to create such lien without any prior or subsequent action by the state, and all administrators, receivers, or assignees for the benefit of creditors shall notify the department of such administration, receivership, or assignment within thirty days from date of their appointment and qualification. In any action or proceeding brought for the recovery of payments due upon the payroll of an employer, the certificate of the department that an audit has been made of the payroll of such employer pursuant to the direction of the department and the amount of such payroll for the period stated in the certificate shall be prima facie evidence of such fact.
[ 1985 c 315 s 4; 1971 ex.s. c 289 s 78; 1961 c 23 s 51.16.160. Prior: 1959 c 308 s 23; prior: 1929 c 132 s 4, part; 1923 c 136 s 3, part; 1917 c 120 s 5, part; 1917 c 28 s 2, part; 1915 c 188 s 3, part; 1911 c 74 s 8, part; RRS s 7682, part.]
Notes:
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.

catchline: Lien for payments due—Priority—Probate, insolvency, etc.


title: RCW 51.16.170

text:
Separate and apart from and in addition to the foregoing provisions in this chapter, the claims of the state for payments and penalties due under this title shall be a lien prior to all other liens or claims and on a parity with prior tax liens not only against the interest of any employer, in real estate, plant, works, equipment, and buildings improved, operated, or constructed by any employer, and also upon any products or articles manufactured by such employer.
The lien created by this section shall attach from the date of the commencement of the labor upon such property for which such premiums are due. In order to avail itself of the lien hereby created, the department shall, within four months after the employer has made report of his or her payroll and has defaulted in the payment of his or her premiums thereupon, file with the county auditor of the county within which such property is then situated, a statement in writing describing in general terms the property upon which a lien is claimed and stating the amount of the lien claimed by the department. If any employer fails or refuses to make report of his or her payroll, the lien hereby created shall continue in full force and effect, although the amount thereof is undetermined and the four months' time within which the department shall file its claim of lien shall not begin to run until the actual receipt by the department of such payroll report. From and after the filing of such claim of lien, the department shall be entitled to commence suit to cause such lien to be foreclosed in the manner provided by law for the foreclosure of other liens on real or personal property, and in such suit the certificate of the department stating the date of the actual receipt by the department of such payroll report shall be prima facie evidence of such fact.
[ 2010 c 8 s 14007; 1986 c 9 s 5; 1961 c 23 s 51.16.170. Prior: 1959 c 308 s 24; prior: 1951 c 214 s 1; 1929 c 132 s 4, part; 1923 c 136 s 3, part; 1917 c 120 s 5, part; 1917 c 28 s 2, part; 1915 c 188 s 3, part; 1911 c 74 s 8, part; RRS s 7682, part.]

catchline: Lien for premiums, assessments, contributions, and penalties—Priority—In general—Notice.


title: RCW 51.16.180

text:
The director shall have the custody of all property acquired by the state at execution sale upon judgments obtained for delinquent payments and penalties therefor and costs, and may sell and dispose of the same at private sales for the sale purchase price, and shall pay the proceeds into the state treasury to the credit of the appropriate fund. In case of the sale of real estate the director shall execute the deed in the name of the state.
[ 1971 ex.s. c 289 s 79; 1961 c 23 s 51.16.180. Prior: 1921 c 7 s 78, subdivision (4); RRS s 10836(4).]
Notes:
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.

catchline: Property acquired by state on execution.


title: RCW 51.16.190

text:
(1) "Action" means, but is not limited to, a notice of assessment pursuant to RCW 51.48.120, an action at law pursuant to RCW 51.16.150, or any other administrative or civil process authorized by this title for the determination of liability for premiums, assessments, penalties, contributions, or other sums, or the collection of premiums, assessments, penalties, contributions, or other sums.
(2) Any action to collect any delinquent premium, assessment, contribution, penalty, or other sum due to the department from any employer subject to this title shall be brought within three years of the date any such sum became due.
(3) In case of a false or fraudulent report with intent to evade premiums, assessments, contributions, penalties, interest, or other sums, or in the event of a failure to file a report, action may be begun at any time.
(4) Any claim for refund or adjustment by an employer of any premium, assessment, contribution, penalty, or other sum collected by the department shall be made in writing to the department within three years of the date the sum became due.
[ 1987 c 111 s 7; 1985 c 315 s 5; 1977 ex.s. c 323 s 27.]
Notes:
Conflict with federal requirements—Severability—Effective date—1987 c 111: See notes following RCW 50.12.220.
Severability—Effective date—1977 ex.s. c 323: See notes following RCW 51.04.040.

catchline: Limitation on collection actions.


title: RCW 51.16.200

text:
Whenever any employer quits business, or sells out, exchanges, or otherwise disposes of the employer's business or stock of goods, any tax payable hereunder shall become immediately due and payable, and the employer shall, within ten days thereafter, make a return and pay the tax due; and any person who becomes a successor to such business shall become liable for the full amount of the tax and withhold from the purchase price a sum sufficient to pay any tax due from the employer until such time as the employer shall produce a receipt from the department showing payment in full of any tax due or a certificate that no tax is due and, if such tax is not paid by the employer within ten days from the date of such sale, exchange, or disposal, the successor shall become liable for the payment of the full amount of tax, and the payment thereof by such successor shall, to the extent thereof, be deemed a payment upon the purchase price, and if such payment is greater in amount than the purchase price the amount of the difference shall become a debt due such successor from the employer.
No successor may be liable for any tax due from the person from whom the successor has acquired a business or stock of goods if the successor gives written notice to the department of such acquisition and no assessment is issued by the department within one hundred eighty days of receipt of such notice against the former operator of the business and a copy thereof mailed to such successor.
[ 1995 c 160 s 1; 1986 c 9 s 6.]

catchline: Payment of tax by employer quitting business—Liability of successor.


title: RCW 51.16.210

text:
(1) The department shall assess premiums, under the provisions of this section, for certain horse racing employments licensed in accordance with chapter 67.16 RCW. This premium assessment shall be for the purpose of providing industrial insurance coverage for employees of trainers licensed under chapter 67.16 RCW, including but not limited to exercise riders, pony riders, and grooms, and including all on or off track employment. The department may adopt rules under chapter 34.05 RCW to carry out the purposes of this section, including rules providing for alternative reporting periods and payment due dates for coverage under this section. The department rules shall ensure that no licensee licensed prior to May 13, 1989, shall pay more than the assessment fixed at the basic manual rate.
(2) The department shall compute industrial insurance premium rates and these premiums may be assessed at the time of each issuance or renewal of the license for owners, trainers, and grooms in amounts established by department rule for coverage under this section. Premium assessments shall be determined in accordance with the requirements of this title, except that assessments shall not be experience rated and shall be fixed at the basic manual rate. However, rates may vary according to the risk insured, as determined according to rules adopted by the department and the Washington horse racing commission.
(3) For the purposes of paying premiums and assessments under this section and making reports under this title, individuals licensed as trainers by the Washington horse racing commission shall be considered employers. The premium assessment for a groom shall be paid by the trainer responsible for hiring the groom and is payable as required by the Washington horse racing commission.
(4) The fee to be assessed on owner licenses as required by this section shall not exceed one hundred fifty dollars. However, those owners having less than a full ownership in a horse or horses shall pay a percentage of the required license fee that is equal to the total percentage of the ownership that the owner has in the horse or horses. In no event shall an owner having an ownership percentage in more than one horse pay more than a one hundred fifty-dollar license fee. The assessment on each owner's license shall not imply that an owner is an employer, but shall be required as part of the privilege of holding an owner's license.
(5) Premium assessments under this section shall be collected by the Washington horse racing commission and deposited in the industrial insurance trust funds as provided under department rules.
[ 2013 c 80 s 1; 1989 c 385 s 1.]

catchline: Horse racing employment—Premiums.


title: RCW 51.16.220

text:
(1) When a worker of a nongovernment employer is injured or develops an occupational disease due to an exposure while assisting in the life and rescue phase of an emergency, in response to a request for assistance from a state or local government entity, including fire service or law enforcement, the cost of benefits shall be reimbursed from the disaster response account, RCW 38.52.105, to the appropriate workers' compensation fund, or to the self-insured employer, as the case may be. The cost of such injuries or occupational diseases shall not be charged to the experience record of a state fund employer.
(2) For the purposes of this section, "life and rescue phase" means the first seventy-two hours after the occurrence of a natural or man-made disaster in which a state or municipal entity, including fire service or law enforcement, acknowledges or declares such a disaster and requests assistance from the private sector in locating and rescuing survivors. The initial life and rescue phase may be extended for a finite period of time by declaration of the state or municipal entity requesting assistance.
[ 2005 c 422 s 1.]
Notes:
Rules—2005 c 422: "The department of labor and industries may adopt rules to implement this act." [ 2005 c 422 s 3.]
Effective date—2005 c 422: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 11, 2005]." [ 2005 c 422 s 4.]

catchline: Reimbursement from disaster response account for nongovernment employees.


title: RCW 51.16.230

text:
(1) By January 1, 2007, the department shall develop rules to provide a reduced workers' compensation premium for hospitals that implement a safe patient handling program. The rules shall include any requirements for obtaining the reduced premium that must be met by hospitals.
(2) The department shall complete an evaluation of the results of the reduced premium, including changes in claim frequency and costs, and shall report to the appropriate committees of the legislature by December 1, 2010, and 2012.
[ 2006 c 165 s 4.]
Notes:
Findings—2006 c 165: See note following RCW 70.41.390.

catchline: Hospitals—Premiums—Rules—Reports.


title: RCW 51.16.243

text:
(1) The department shall adopt rules to provide special workers' compensation risk class or classes for farm interns providing agricultural labor pursuant to a farm internship program under RCW 49.12.471. The rules must include any requirements for obtaining a special risk class that must be met by small farms.
[ 2023 c 269 s 5; 2020 c 212 s 4.]
Notes:
Findings—Effective date—2023 c 269: See notes following RCW 49.12.471.
Effective date—2020 c 212: See note following RCW 49.12.471.

catchline: Farm internship program—Special risk class—Rules.


title: RCW 51.16.250

text:
(1) Beginning January 1, 2023, the department shall assess premiums for transportation network companies, as defined in RCW 49.46.300, in accordance with RCW 51.16.035 and this section, for workers' compensation coverage applicable to drivers, as defined in RCW 49.46.300, while the driver is engaged in passenger platform time and dispatch platform time, as those terms are defined in RCW 49.46.300.
(2) For the purposes of calculating the premium for drivers under subsection (1) of this section, the department shall multiply the total number of hours spent by drivers in passenger platform time and dispatch platform time on the transportation network company's driver platform by the rates established for taxicab companies. The department may subsequently adjust premiums in accordance with department rules.
(3) For a death that is covered under RCW 51.32.053, the cost of the benefits must be included in the consideration of rate increases for the risk class and not attributed to a single transportation network company. Such cost shall not be included in the calculation of any individual transportation network company's experience modification factor.
(4) Transportation network companies, not qualifying as a self-insurer, shall insure with the state and shall, on or before the last day of January, April, July, and October of each year thereafter, furnish the department with a true and accurate statement of the hours for which drivers, as defined in RCW 49.46.300, were engaged in passenger platform time and dispatch platform time on the transportation network company's driver platform during the preceding calendar quarter and the total amount paid to such drivers engaged in passenger platform time on the transportation network company's driver platform during the preceding calendar quarter, and shall pay its premium based on the total passenger platform time and dispatch platform time to the appropriate fund. Premiums for a calendar quarter, whether reported or not, shall become due and delinquent on the day immediately following the last day of the month following the calendar quarter. The sufficiency of such statement shall be subject to the approval of the director: PROVIDED, That the director may in his or her discretion and for the effective administration of this title require a transportation network company in individual instances to furnish a supplementary report containing the name of each individual driver, his or her hours engaged in passenger platform time and dispatch platform time on the transportation network company's driver platform, and his or her compensation: PROVIDED FURTHER, That the department may promulgate rules and regulations in accordance with chapter 34.05 RCW to establish other reporting periods and payment due dates in lieu of reports and payments following each calendar quarter, and may also establish terms and conditions for payment of premiums and assessments based on estimated passenger platform time and dispatch platform time on the transportation network company's driver platform, with such payments being subject to approval as to sufficiency of the estimated passenger platform time and dispatch platform time on the transportation network company's driver platform by the department, and also subject to appropriate periodic adjustments made by the department based on actual passenger platform time and dispatch platform time on the transportation network company's driver platform.
(5) The department may adopt rules to carry out the purposes of this section, including rules providing for alternative reporting requirements.
(6) This section does not apply to any worker who is not a driver, and who is employed by the transportation network company. For those workers the processes for determining coverage, calculating premiums, reporting requirements, reporting periods, and payment due dates are subject to the provisions of this title that apply generally to employers and workers.
[ 2024 c 184 s 3; 2022 c 281 s 11.]
Notes:
Intent—2024 c 184: See note following RCW 51.32.053.
Effective dates—2022 c 281 ss 8-13, 17, and 28: See note following RCW 51.12.020.


title: RCW 51.18.005

text:
The legislature finds that the retrospective rating plan provided for in RCW 51.16.035 has proven to be highly effective both in terms of improved workplace safety and injured worker outcomes. As a result, the number of industrial insurance claims of many employers participating in the retrospective rating plan have been reduced through sound risk management strategies and enhanced cooperation with department claims management activities.
The legislature further finds that entrance criteria for the retrospective rating plan under RCW 51.16.035 should be clear and understandable to both the department and potential retrospective rating plan participants.
The legislature therefore declares that a new retrospective rating plan is needed in order to protect and preserve the integrity and welfare of the retrospective rating system.
[ 1999 c 7 s 1.]

catchline: Findings.


title: RCW 51.18.010

text:
(1) The department shall offer a retrospective rating plan to insure the workers' compensation obligations of employers and groups of employers. The plan is to be made available to any employer or group of employers who:
(a) Voluntarily elects to participate in the plan; and
(b) Meets the requirements of this chapter and rules adopted by the department under subsection (2) of this section.
(2) The retrospective rating plan shall be consistent with recognized insurance principles and shall be administered according to rules adopted by the department. Rules adopted under this section shall encourage broad participation by qualified employers and sponsors of retrospective rating groups.
(3) Each retrospective rating group approved by the department under this chapter shall select a coverage period and may be renewed at the end of each coverage period. For the purposes of this section, "coverage period" means a twelve-month period provided by the department by rule.
[ 1999 c 7 s 2.]

catchline: Availability—Rules—Coverage period.


title: RCW 51.18.020

text:
Prior to allowing initial entrance into the state's retrospective rating plan, the department shall review each proposed retrospective rating group to ensure that the following criteria are met:
(1) The entity sponsoring the retrospective rating group must have been in existence for at least four years;
(2) The entity sponsoring the retrospective rating group must exist primarily for a purpose other than that of obtaining or offering insurance coverage or insurance related services;
(3) The entity sponsoring the retrospective rating group must have a written workplace safety and accident prevention plan in place for the proposed retrospective rating group and must propose methods by which the retrospective rating group will cooperate with department claims management activities;
(4) All employers in the retrospective rating group must be members of the sponsoring entity;
(5) All employers in the retrospective rating group must have an industrial insurance account in good standing with the department;
(6) Fifty percent of the original employers in the retrospective rating group must have been members of the sponsoring entity for one year prior to the group's entrance into the retrospective rating plan;
(7) The retrospective rating group must be composed of employers who are substantially similar considering the services or activities performed by the employees of those employers;
(8) The initial premium level for the retrospective rating group must be at least one million five hundred thousand dollars and shall be based on the standard premium of the proposed group members' most current previous coverage period; and
(9) The formation and operation of the retrospective rating group must seek to substantially improve workplace safety and accident prevention for the employers in the group.
[ 1999 c 7 s 3.]

catchline: Entrance criteria.


title: RCW 51.18.030

text:
(1) Entities which sponsored retrospective rating groups prior to July 25, 1999, may not sponsor additional retrospective rating groups in a new business or industry category until the coverage period beginning January 1, 2003.
(2) For retrospective rating groups approved by the department on or after July 25, 1999, the sponsoring entity may not propose another retrospective rating group in a new business or industry category until the minimum mandatory adjustment periods required by the department for the first two coverage periods of the last formed retrospective rating group are completed.
(3) Subsections (1) and (2) of this section do not prohibit a sponsoring entity from proposing to:
(a) Divide an existing retrospective rating group into two or more groups provided that the proposed new groups fall within the same business or industry category as the group that is proposed to be divided; or
(b) Merge existing retrospective rating groups into one business or industry category provided that the proposed merged groups fall within the same business or industry category as the groups that are proposed to be merged.
(4) Under no circumstances may a sponsoring entity propose retrospective rating groups in multiple business or industry categories in the same application to the department.
(5) An insurer, insurance broker, agent, or solicitor may not:
(a) Participate in the formation of a retrospective rating group; or
(b) Sponsor a retrospective rating group.
[ 1999 c 7 s 4.]

catchline: Sponsoring entities—New or existing retrospective rating groups.


title: RCW 51.18.040

text:
(1) In order to ensure that all retrospective rating groups are made up of employers who are substantially similar, considering the services or activities performed by the employees of those employers, the sponsoring entity of a retrospective rating group shall select a single, broad industry or business category for each retrospective rating group. Once an industry or business category is selected, the department shall allow all risk classifications reasonably related to that business or industry category into that retrospective rating group.
(2) The following broad industry and business categories shall be used by the sponsoring entity and the department in establishing retrospective rating groups:
(a) Agriculture and related services;
(b) Automotive, truck and boat manufacturing, sales, repair, and related services;
(c) Construction and related services;
(d) Distillation, chemical production, food, and related services;
(e) Facilities or property management, maintenance, and related services;
(f) Government, utilities, schools, health care, and related services;
(g) Health care, pharmaceutical, laboratories, and related services;
(h) Logging, wood products manufacturing, and related services;
(i) Manufacturing, processing, mining, quarrying, and related services;
(j) Retail stores, wholesale stores, professional services, and related services;
(k) Temporary help and related services; and
(l) Transportation, recycling, warehousing, facility maintenance, and related services.
(3) The industry and business categories in subsection (2) of this section are not exclusive. In response to significant changes in marketplace demographics or the discovery of unique business or industry categories, the department may, by rule, include additional broad industry or business category selections. The department may, by rule, remove an industry covered within an industry or business category in the event that the business or industry is no longer found within this state.
(4) Given the broad nature of the industry and business categories in subsection (2) of this section, the risk classification or classifications assigned to an individual employer may appropriately fall into multiple business or industry categories.
(5) In order to simplify administration and keep the administrative costs associated with devising a different classification system for a retrospective rating plan to a minimum, the state's retrospective rating plan shall follow the same classification procedure established by the department to assign workers' compensation insurance classifications to an employer.
(6) Employers who have been a member of an existing, approved retrospective rating group prior to July 25, 1999, may continue in that group even if they are not substantially similar to the industry or business category selected pursuant to subsection (1) of this section. However, new employers proposed for addition to a retrospective rating group on or after July 25, 1999, must fall within the selected industry or business category.
[ 1999 c 7 s 5.]

catchline: Retrospective rating groups—Industry and business categories.


title: RCW 51.18.050

text:
(1) Any retrospective rating group required to pay additional net premium assessments in two consecutive coverage periods shall be immediately placed on probationary status. Once a group is placed on probationary status, the department shall review the group's workplace safety and accident prevention plan and its methods for cooperation with department claims management activities. Following the review, the department shall make recommendations for corrective steps that may be taken to improve the group's performance.
(2) If the same retrospective rating group is required to pay an additional net premium assessment in the third consecutive coverage period, that group shall be denied future enrollment in the state's retrospective rating plan. In addition, the sponsoring entity of the failed group may not sponsor another group in the same business or industry category for five coverage periods from the ending date of the failed group's last coverage period.
(3) This section applies prospectively only and not retroactively. It applies only to net assessments received by a retrospective rating group for plan years beginning after July 25, 1999.
[ 1999 c 7 s 6.]

catchline: Retrospective rating groups—Probationary status—Denial of future enrollment.


title: RCW 51.18.060

text:
All retrospective rating groups approved by the department prior to July 25, 1999, under RCW 51.16.035 as it existed prior to July 25, 1999, remain approved and, with the exception of RCW 51.18.020, are subject to the provisions of this chapter.
[ 1999 c 7 s 7.]

catchline: Retrospective rating groups—Department approval.


title: RCW 51.18.065

text:
Payment by an employer for direct primary care services as defined in RCW 48.150.010 when used for medical services on an allowed industrial injury or occupational disease claim does not disqualify: (1) The employer from participating in a retrospective rating plan; (2) any related group sponsor from promoting a retrospective rating plan; or (3) any related plan administrator from administering a retrospective rating plan, provided the employer or group sponsor or plan administrator provides any medical cost or payment information that may be required by the department. Prior to the first retrospective rating adjustment for the plan year beginning January 1, 2012, the department shall determine the information needed and any changes to the retrospective rating premium and claim cost calculations to maintain appropriate and equitable retrospective rating refunds when employers pay for direct primary care services. These changes shall apply beginning with the January 1, 2012, plan year.
The department may adopt rules to implement this section.
[ 2011 c 290 s 3.]

catchline: Direct primary care services—Payment by employer—Rules.


title: RCW 51.24.020

text:
If injury results to a worker from the deliberate intention of his or her employer to produce such injury, the worker or beneficiary of the worker shall have the privilege to take under this title and also have cause of action against the employer as if this title had not been enacted, for any damages in excess of compensation and benefits paid or payable under this title.
[ 1984 c 218 s 2; 1977 ex.s. c 350 s 31; 1973 1st ex.s. c 154 s 94; 1961 c 23 s 51.24.020. Prior: 1957 c 70 s 24; prior: 1927 c 310 s 5, part; 1919 c 131 s 5, part; 1911 c 74 s 6, part; RRS s 7680, part.]
Notes:
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.

catchline: Action against employer for intentional injury.


title: RCW 51.24.030

text:
(1) If a third person, not in a worker's same employ, is or may become liable to pay damages on account of a worker's injury for which benefits and compensation are provided under this title, the injured worker or beneficiary may elect to seek damages from the third person.
(2) In every action brought under this section, the plaintiff shall give notice to the department or self-insurer when the action is filed. The department or self-insurer may file a notice of statutory interest in recovery. When such notice has been filed by the department or self-insurer, the parties shall thereafter serve copies of all notices, motions, pleadings, and other process on the department or self-insurer. The department or self-insurer may then intervene as a party in the action to protect its statutory interest in recovery.
(3) For the purposes of this chapter, "injury" shall include any physical or mental condition, disease, ailment or loss, including death, for which compensation and benefits are paid or payable under this title.
(4) Damages recoverable by a worker or beneficiary pursuant to the underinsured motorist coverage of an insurance policy shall be subject to this chapter only if the owner of the policy is the employer of the injured worker.
(5) For the purposes of this chapter, "recovery" includes all damages except loss of consortium.
[ 1995 c 199 s 2; 1987 c 212 s 1701; 1986 c 58 s 1; 1984 c 218 s 3; 1977 ex.s. c 85 s 1.]
Notes:
Severability—1995 c 199: See note following RCW 51.12.120.

catchline: Action against third person—Election by injured person or beneficiary—Underinsured motorist insurance coverage.


title: RCW 51.24.035

text:
(1) Notwithstanding RCW 51.24.030(1), the injured worker or beneficiary may not seek damages against a design professional who is a third person and who has been retained to perform professional services on a construction project, or any employee of a design professional who is assisting or representing the design professional in the performance of professional services on the site of the construction project, unless responsibility for safety practices is specifically assumed by contract, the provisions of which were mutually negotiated, or the design professional actually exercised control over the portion of the premises where the worker was injured.
(2) The immunity provided by this section does not apply to the negligent preparation of design plans and specifications.
(3) For the purposes of this section, "design professional" means an architect, professional engineer, land surveyor, or landscape architect, who is licensed or authorized by law to practice such profession, or any corporation organized under chapter 18.100 RCW or authorized under RCW 18.08.420 or 18.43.130 to render design services through the practice of one or more of such professions.
[ 1987 c 212 s 1801.]

catchline: Immunity of design professional and employees.


title: RCW 51.24.040

text:
The injured worker or beneficiary shall be entitled to the full compensation and benefits provided by this title regardless of any election or recovery made under this chapter.
[ 1977 ex.s. c 85 s 2.]

catchline: Election or recovery no bar to compensation or benefits.


title: RCW 51.24.050

text:
(1) An election not to proceed against the third person operates as an assignment of the cause of action to the department or self-insurer, which may prosecute or compromise the action in its discretion in the name of the injured worker, beneficiary or legal representative.
(2) If an injury to a worker results in the worker's death, the department or self-insurer to which the cause of action has been assigned may petition a court for the appointment of a special personal representative for the limited purpose of maintaining an action under this chapter and chapter 4.20 RCW.
(3) If a beneficiary is a minor child, an election not to proceed against a third person on such beneficiary's cause of action may be exercised by the beneficiary's legal custodian or guardian.
(4) Any recovery made by the department or self-insurer shall be distributed as follows:
(a) The department or self-insurer shall be paid the expenses incurred in making the recovery including reasonable costs of legal services;
(b) The injured worker or beneficiary shall be paid twenty-five percent of the balance of the recovery made, which shall not be subject to subsection (5) of this section: PROVIDED, That in the event of a compromise and settlement by the parties, the injured worker or beneficiary may agree to a sum less than twenty-five percent;
(c) The department and/or self-insurer shall be paid the compensation and benefits paid to or on behalf of the injured worker or beneficiary by the department and/or self-insurer; and
(d) The injured worker or beneficiary shall be paid any remaining balance.
(5) Thereafter no payment shall be made to or on behalf of a worker or beneficiary by the department and/or self-insurer for such injury until the amount of any further compensation and benefits shall equal any such remaining balance. Thereafter, such benefits shall be paid by the department and/or self-insurer to or on behalf of the worker or beneficiary as though no recovery had been made from a third person.
(6) When the cause of action has been assigned to the self-insurer and compensation and benefits have been paid and/or are payable from state funds for the same injury:
(a) The prosecution of such cause of action shall also be for the benefit of the department to the extent of compensation and benefits paid and payable from state funds;
(b) Any compromise or settlement of such cause of action which results in less than the entitlement under this title is void unless made with the written approval of the department;
(c) The department shall be reimbursed for compensation and benefits paid from state funds;
(d) The department shall bear its proportionate share of the costs and reasonable attorneys' fees incurred by the self-insurer in obtaining the award or settlement; and
(e) Any remaining balance under subsection (4)(d) of this section shall be applied, under subsection (5) of this section, to reduce the obligations of the department and self-insurer to pay further compensation and benefits in proportion to which the obligations of each bear to the remaining entitlement of the worker or beneficiary.
[ 1995 c 199 s 3; 1984 c 218 s 4; 1983 c 211 s 1; 1977 ex.s. c 85 s 3.]
Notes:
Severability—1995 c 199: See note following RCW 51.12.120.
Applicability—1983 c 211: "Sections 1 and 2 of this act apply to all actions against third persons in which judgment or settlement of the underlying action has not taken place prior to July 24, 1983." [ 1983 c 211 s 3.] "Sections 1 and 2 of this act" consist of the 1983 amendments of RCW 51.24.050 and 51.24.060.
Severability—1983 c 211: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1983 c 211 s 4.]

catchline: Assignment of cause of action—Disposition of recovered amount.


title: RCW 51.24.060

text:
(1) If the injured worker or beneficiary elects to seek damages from the third person, any recovery made shall be distributed as follows:
(a) The costs and reasonable attorneys' fees shall be paid proportionately by the injured worker or beneficiary and the department and/or self-insurer: PROVIDED, That the department and/or self-insurer may require court approval of costs and attorneys' fees or may petition a court for determination of the reasonableness of costs and attorneys' fees;
(b) The injured worker or beneficiary shall be paid 25 percent of the balance of the award: PROVIDED, That in the event of a compromise and settlement by the parties, the injured worker or beneficiary may agree to a sum less than 25 percent;
(c) The department and/or self-insurer shall be paid the balance of the recovery made, but only to the extent necessary to reimburse the department and/or self-insurer for benefits paid;
(i) The department and/or self-insurer shall bear its proportionate share of the costs and reasonable attorneys' fees incurred by the worker or beneficiary to the extent of the benefits paid under this title: PROVIDED, That the department's and/or self-insurer's proportionate share shall not exceed 100 percent of the costs and reasonable attorneys' fees;
(ii) The department's and/or self-insurer's proportionate share of the costs and reasonable attorneys' fees shall be determined by dividing the gross recovery amount into the benefits paid amount and multiplying this percentage times the costs and reasonable attorneys' fees incurred by the worker or beneficiary;
(iii) The department's and/or self-insurer's reimbursement share shall be determined by subtracting their proportionate share of the costs and reasonable attorneys' fees from the benefits paid amount;
(d) Any remaining balance shall be paid to the injured worker or beneficiary; and
(e) Thereafter no payment shall be made to or on behalf of a worker or beneficiary by the department and/or self-insurer for such injury until the amount of any further compensation and benefits shall equal any such remaining balance minus the department's and/or self-insurer's proportionate share of the costs and reasonable attorneys' fees in regards to the remaining balance. This proportionate share shall be determined by dividing the gross recovery amount into the remaining balance amount and multiplying this percentage times the costs and reasonable attorneys' fees incurred by the worker or beneficiary. Thereafter, such benefits shall be paid by the department and/or self-insurer to or on behalf of the worker or beneficiary as though no recovery had been made from a third person.
(2) The recovery made shall be subject to a lien by the department and/or self-insurer for its share under this section.
(3) The department or self-insurer has sole discretion to compromise the amount of its lien. In deciding whether or to what extent to compromise its lien, the department or self-insurer shall consider at least the following:
(a) The likelihood of collection of the award or settlement as may be affected by insurance coverage, solvency, or other factors relating to the third person;
(b) Factual and legal issues of liability as between the injured worker or beneficiary and the third person. Such issues include, but are not limited to, possible contributory negligence and novel theories of liability; and
(c) Problems of proof faced in obtaining the award or settlement.
(4) In an action under this section, the self-insurer may act on behalf and for the benefit of the department to the extent of any compensation and benefits paid or payable from state funds.
(5) It shall be the duty of the person to whom any recovery is paid before distribution under this section to advise the department or self-insurer of the fact and amount of such recovery, the costs and reasonable attorneys' fees associated with the recovery, and to distribute the recovery in compliance with this section.
(6) The distribution of any recovery made by award or settlement of the third party action shall be confirmed by department order pursuant to RCW 51.52.050. In the event the order of distribution becomes final under chapter 51.52 RCW, the director or the director's designee may file with the clerk of any county within the state a warrant in the amount of the sum representing the unpaid lien plus interest accruing from the date the order became final. The clerk of the county in which the warrant is filed shall immediately designate a superior court cause number for such warrant and the clerk shall cause to be entered in the judgment docket under the superior court cause number assigned to the warrant, the name of such worker or beneficiary mentioned in the warrant, the amount of the unpaid lien plus interest accrued and the date when the warrant was filed. The amount of such warrant as docketed shall become a lien upon the title to and interest in all real and personal property of the injured worker or beneficiary against whom the warrant is issued, the same as a judgment in a civil case docketed in the office of such clerk. The sheriff shall then proceed in the same manner and with like effect as prescribed by law with respect to execution or other process issued against rights or property upon judgment in the superior court. Such warrant so docketed shall be sufficient to support the issuance of writs of garnishment in favor of the department in the manner provided by law in the case of judgment, wholly or partially unsatisfied. The clerk of the court shall be entitled to a filing fee under RCW 36.18.012(10), which shall be added to the amount of the warrant. A copy of such warrant shall be mailed to the injured worker or beneficiary within three days of filing with the clerk.
(7) The director, or the director's designee, may issue to any person, firm, corporation, municipal corporation, political subdivision of the state, public corporation, or agency of the state, a notice and order to withhold and deliver property of any kind if he or she has reason to believe that there is in the possession of such person, firm, corporation, municipal corporation, political subdivision of the state, public corporation, or agency of the state, property which is due, owing, or belonging to any worker or beneficiary upon whom a warrant has been served by the department for payments due to the state fund. The notice and order to withhold and deliver shall be served by the sheriff of the county or by the sheriff's deputy; by a method for which receipt can be confirmed or tracked; or by any authorized representatives of the director. Any person, firm, corporation, municipal corporation, political subdivision of the state, public corporation, or agency of the state upon whom service has been made shall answer the notice within 20 days exclusive of the day of service, under oath and in writing, and shall make true answers to the matters inquired of in the notice and order to withhold and deliver. In the event there is in the possession of the party named and served with such notice and order, any property which may be subject to the claim of the department, such property shall be delivered forthwith to the director or the director's authorized representative upon demand. If the party served and named in the notice and order fails to answer the notice and order within the time prescribed in this section, the court may, after the time to answer such order has expired, render judgment by default against the party named in the notice for the full amount claimed by the director in the notice together with costs. In the event that a notice to withhold and deliver is served upon an employer and the property found to be subject thereto is wages, the employer may assert in the answer to all exemptions provided for by chapter 6.27 RCW to which the wage earner may be entitled.
[ 2026 c 77 s 28; 2011 c 290 s 4; 2001 c 146 s 9; 1995 c 199 s 4; 1993 c 496 s 2; 1987 c 442 s 1118; 1986 c 305 s 403; 1984 c 218 s 5; 1983 c 211 s 2; 1977 ex.s. c 85 s 4.]
Notes:
Severability—1995 c 199: See note following RCW 51.12.120.
Effective date—Application—1993 c 496: See notes following RCW 4.22.070.
Preamble—Report to legislature—Applicability—Severability—1986 c 305: See notes following RCW 4.16.160.
Applicability—Severability—1983 c 211: See notes following RCW 51.24.050.

catchline: Distribution of amount recovered—Lien.


title: RCW 51.24.070

text:
(1) The department or self-insurer may require the injured worker or beneficiary to exercise the right of election under this chapter by serving a written demand by mail, or if the injured worker or beneficiary chooses, the department may send by secure electronic means.
(2) Unless an election is made within 60 days of the receipt of the demand, and unless an action is instituted or settled within the time granted by the department or self-insurer, the injured worker or beneficiary is deemed to have assigned the action to the department or self-insurer. The department or self-insurer shall allow the worker or beneficiary at least 90 days from the election to institute or settle the action. When a beneficiary is a minor child the demand shall be served upon the legal custodian or guardian of such beneficiary.
(3) If an action which has been filed is not diligently prosecuted, the department or self-insurer may petition the court in which the action is pending for an order assigning the cause of action to the department or self-insurer. Upon a sufficient showing of a lack of diligent prosecution the court in its discretion may issue the order.
(4) If the department or self-insurer has taken an assignment of the third party cause of action under subsection (2) of this section, the injured worker or beneficiary may, at the discretion of the department or self-insurer, exercise a right of reelection and assume the cause of action subject to reimbursement of litigation expenses incurred by the department or self-insurer.
[ 2026 c 77 s 29; 1984 c 218 s 6; 1977 ex.s. c 85 s 5.]

catchline: Required election—Procedures—Right of reelection.


title: RCW 51.24.080

text:
(1) If the injured worker or beneficiary elects to seek damages from the third person, notice of the election must be given to the department or self-insurer using an electronic or nonelectronic method by which the notice can be tracked or the delivery can be confirmed. If an action is filed by the injured worker or beneficiary, a copy of the complaint must be mailed to the department or self-insurer using an electronic or nonelectronic method by which the notice can be tracked or the delivery can be confirmed.
(2) A return showing service of the notice on the department or self-insurer shall be filed with the court but shall not be part of the record except as necessary to give notice to the defendant of the lien imposed by RCW 51.24.060(2).
[ 2026 c 77 s 30; 1977 ex.s. c 85 s 6.]

catchline: Notice of election or copy of complaint to department or self-insurer—Filing notice.


title: RCW 51.24.090

text:
(1) Any compromise or settlement of the third party cause of action by the injured worker or beneficiary which results in less than the entitlement under this title is void unless made with the written approval of the department or self-insurer. For a state fund claim, the department shall provide reasonable ongoing notice to the employer of the status of any compromise or settlement negotiations between the injured worker or beneficiary and the department, for the employer's information. For a state fund claim, notice to the employer is not required if the costs of the claim or claims are no longer included in the calculation of the employer's experience factor used to determine premiums; or if the employer cannot be located, is no longer in business, or requests that they not receive ongoing notice after the department provides timely notice of the settlement process to the employer. For the purposes of this chapter, "entitlement" means benefits and compensation paid and estimated by the department to be paid in the future.
(2) If a compromise or settlement is void because of subsection (1) of this section, the department or self-insurer may petition the court in which the action was filed for an order assigning the cause of action to the department or self-insurer. If an action has not been filed, the department or self-insurer may proceed as provided in chapter 7.24 RCW.
[ 2017 c 145 s 1; 1995 c 199 s 5; 1984 c 218 s 7; 1977 ex.s. c 85 s 7.]
Notes:
Severability—1995 c 199: See note following RCW 51.12.120.

catchline: Compromise or settlement less than benefits.


title: RCW 51.24.100

text:
The fact that the injured worker or beneficiary is entitled to compensation under this title shall not be pleaded or admissible in evidence in any third party action under this chapter. Any challenge of the right to bring such action shall be made by supplemental pleadings only and shall be decided by the court as a matter of law.
[ 1977 ex.s. c 85 s 8.]

catchline: Right to compensation not pleadable or admissible—Challenge to right to bring action.


title: RCW 51.24.110

text:
(1) Actions against third persons that are assigned by the claimant to the department, voluntarily or by operation of law in accordance with chapter 51.24 RCW, may be prosecuted by special assistant attorneys general.
(2) The attorney general shall select special assistant attorneys general from a list compiled by the department and the Washington state bar association. The attorney general, in conjunction with the department and the Washington state bar association, shall promulgate rules and regulations outlining the criteria and the procedure by which private attorneys may have their names placed on the list of attorneys available for appointment as special assistant attorneys general to litigate third party actions under subsection (1) of this section.
[ 1984 c 218 s 1.]

catchline: Assigned cases—Special assistant attorneys general.


title: RCW 51.24.120

text:
The department may adopt, amend, and rescind under chapter 34.05 RCW such rules as may be necessary to the administration of this chapter.
[ 1984 c 218 s 8.]

catchline: Rules.


title: RCW 51.24.900

text:
This 1977 amendatory act shall apply only to causes of action which arise on or after its effective date.
[ 1977 ex.s. c 85 s 9.]

catchline: Application—1977 ex.s. c 85.


title: RCW 51.24.902

text:
This act applies to all causes of action against third persons in which judgment or settlement of the underlying action has not taken place before June 7, 1984.
[ 1984 c 218 s 9.]

catchline: Application—1984 c 218.


title: RCW 51.28.010

text:
(1) Whenever any accident occurs to any worker it shall be the duty of such worker or someone in his or her behalf to forthwith report such accident to his or her employer, superintendent, or supervisor in charge of the work, and of the employer to at once report such accident and the injury resulting therefrom to the department pursuant to RCW 51.28.025 where the worker has received treatment from a physician, osteopathic physician, chiropractor, naturopath, podiatric physician, optometrist, dentist, licensed *advanced registered nurse practitioner, physician assistant, or psychologist in claims solely for mental health conditions, has been hospitalized, disabled from work, or has died as the apparent result of such accident and injury.
(2) Upon receipt of such notice of accident, the department shall immediately forward to the worker or his or her beneficiaries or dependents notification, in nontechnical language, of their rights under this title. The notice must specify the worker's right to receive health services from a provider of the worker's choice under RCW 51.36.010(2)(a), including chiropractic services under RCW 51.36.015, and must list the types of providers authorized to provide these services.
(3) Employers shall not engage in claim suppression.
(4) For the purposes of this section, "claim suppression" means intentionally:
(a) Inducing employees to fail to report injuries;
(b) Inducing employees to treat injuries in the course of employment as off-the-job injuries; or
(c) Acting otherwise to suppress legitimate industrial insurance claims.
(5) In determining whether an employer has engaged in claim suppression, the department shall consider the employer's history of compliance with industrial insurance reporting requirements, and whether the employer has discouraged employees from reporting injuries or filing claims. The department has the burden of proving claim suppression by a preponderance of the evidence.
(6) Claim suppression does not include bona fide workplace safety and accident prevention programs or an employer's provision at the worksite of first aid as defined by the department. The department shall adopt rules defining bona fide workplace safety and accident prevention programs and defining first aid.
[ 2023 c 171 s 3; 2007 c 77 s 1; 2004 c 65 s 3; 2001 c 231 s 1; 1977 ex.s. c 350 s 32; 1975 1st ex.s. c 224 s 4; 1971 ex.s. c 289 s 5; 1961 c 23 s 51.28.010. Prior: 1915 c 188 s 9; 1911 c 74 s 14; RRS s 7689.]
Notes:
*Reviser's note: The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.
Effective date—Retroactive application—2023 c 171: See note following RCW 51.04.050.
Implementation—2007 c 77: "The department of labor and industries shall adopt rules necessary to implement this act." [ 2007 c 77 s 4.]
Report to legislature—Effective date—Severability—2004 c 65: See notes following RCW 51.04.030.
Effective date—2001 c 231: "This act takes effect January 1, 2002." [ 2001 c 231 s 4.]
Effective date—1975 ex.s. c 224: See note following RCW 51.04.110.
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.
PDF
RCW 51.28.010
Notice of accident—Notification of worker's rights—Claim suppression. (Effective June 30, 2027.)
(1) Whenever any accident occurs to any worker it shall be the duty of such worker or someone in his or her behalf to forthwith report such accident to his or her employer, superintendent, or supervisor in charge of the work, and of the employer to at once report such accident and the injury resulting therefrom to the department pursuant to RCW 51.28.025 where the worker has received treatment from a physician, osteopathic physician, chiropractor, naturopath, podiatric physician, optometrist, dentist, licensed advanced practice registered nurse, physician assistant, or psychologist in claims solely for mental health conditions, has been hospitalized, disabled from work, or has died as the apparent result of such accident and injury.
(2) Upon receipt of such notice of accident, the department shall immediately forward to the worker or his or her beneficiaries or dependents notification, in nontechnical language, of their rights under this title. The notice must specify the worker's right to receive health services from a provider of the worker's choice under RCW 51.36.010(2)(a), including chiropractic services under RCW 51.36.015, and must list the types of providers authorized to provide these services.
(3) Employers shall not engage in claim suppression.
(4) For the purposes of this section, "claim suppression" means intentionally:
(a) Inducing employees to fail to report injuries;
(b) Inducing employees to treat injuries in the course of employment as off-the-job injuries; or
(c) Acting otherwise to suppress legitimate industrial insurance claims.
(5) In determining whether an employer has engaged in claim suppression, the department shall consider the employer's history of compliance with industrial insurance reporting requirements, and whether the employer has discouraged employees from reporting injuries or filing claims. The department has the burden of proving claim suppression by a preponderance of the evidence.
(6) Claim suppression does not include bona fide workplace safety and accident prevention programs or an employer's provision at the worksite of first aid as defined by the department. The department shall adopt rules defining bona fide workplace safety and accident prevention programs and defining first aid.
[ 2025 c 58 s 5113; 2023 c 171 s 3; 2007 c 77 s 1; 2004 c 65 s 3; 2001 c 231 s 1; 1977 ex.s. c 350 s 32; 1975 1st ex.s. c 224 s 4; 1971 ex.s. c 289 s 5; 1961 c 23 s 51.28.010. Prior: 1915 c 188 s 9; 1911 c 74 s 14; RRS s 7689.]
Notes:
Effective date—2025 c 58 ss 5058-5170: See note following RCW 7.68.030.
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Effective date—Retroactive application—2023 c 171: See note following RCW 51.04.050.
Implementation—2007 c 77: "The department of labor and industries shall adopt rules necessary to implement this act." [ 2007 c 77 s 4.]
Report to legislature—Effective date—Severability—2004 c 65: See notes following RCW 51.04.030.
Effective date—2001 c 231: "This act takes effect January 1, 2002." [ 2001 c 231 s 4.]
Effective date—1975 ex.s. c 224: See note following RCW 51.04.110.
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.

catchline: Notice of accident—Notification of worker's rights—Claim suppression. (Effective until June 30, 2027.)