Workers’ compensation - Washington

Summary of differences between federal and state regulations

There is no federal workers’ compensation requirement for most private employers.

Insurance requirement: Exclusive state fund or self-insurance by individual employers or groups of employers.

Employers who are not self-insured must obtain coverage from the state fund for temporary and incidental work performed by their employees on jobs or at jobsites in another state.

Exemptions from WC: Children age 18 to 21 living and working on a family farm may be excluded from mandatory coverage by their parents.

Medical benefits provided: Full.

Physician selection: Employee selects physician.

Benefits for temporary total disability (TTD): 60 to 75 percent of worker’s wage for duration of temporary disability. Benefits subject to Social Security benefit offsets.

Benefits for permanent total disability (PTD): 60 to 75 percent of worker’s wage for life. Benefits subject to Social Security benefit offsets.

Benefits for permanent partial disability (PPD): Payments based on permanent physical impairment; in event award exceeds three times the state’s average monthly wage, employee receives first payment equal to three times the state’s average monthly wage with balance in monthly payments per temporary disability schedule plus eight percent interest per annum on unpaid balance. Total maximum amount payable for nonscheduled injury is $154,529.95.

Scheduled awards: Scheduled awards are paid in addition to and upon termination of TTD benefits. Awards are not reduced because of TTD benefits.

Disfigurement benefits: None.

Death benefits for surviving spouse and children: 60 to 70 percent of employee’s wage for period of widow/widowerhood; children until 18. Children receive benefits beyond 18 is disabled or until age 23 if full time students. A one-time supplemental payment equal to 100% of state average monthly wage is also paid at time of death. Upon remarriage, surviving spouse is entitled to a lump sum of 24 times the monthly compensation rate in effect on date of remarriage allocable to the spouse.

Maximum burial allowance: 200 percent of state’s average monthly wage, dependent upon the date of injury.

Waiting period: 3 days (temporary total disability only). Compensation is retroactive if disability continues for more than 14 days from date of injury.

Rehabilitation: Physical rehabilitation (PR) is covered under medical services. State fund or self-insurer pays for vocational rehabilitation (VR) services, books, tuition, fees, supplies, childcare or dependent care, travel, and room and board (maximum $4,000 in any 52 week period), and other expenses necessary for self-employment, reemployment or job placement. Employees must accept VR or compensation may be reduced by 50 percent. During VR employee receives a maximum of 104 weeks TTD plus maximum $4,000 in any 52-week period. Job modification costs not to exceed $5,000.

Injured workers shall be reimbursed for reasonable travel expenses when travel is required in order to repair, replace, or otherwise alter prosthetics, orthotics, or similar permanent mechanical appliances after closure of the claim. This does not include travel for the repair or replacement of hearing aid devices.

Attorney fees: 30 percent, statute, determined by agency.

Occupational hearing loss statutes: Employee has 1 year from date of discovery to file for compensation. Benefits based on percentage of disability, or combination thereof, at the time of injury. There is a deduction for preexisting loss.

Forms - www.lni.wa.gov/ClaimsIns/Claims/FormPub/default.asp

State

Contact

Division of Claims & Insurance

Regulations

Washington Industrial Insurance Laws - Title 48

Medical Aid Rules, Chapter 296-20

Federal

Contacts

None.

Regulations

None.