Title 51 — Title 51 INDUSTRIAL INSURANCE

Every employer under this title shall secure the payment of compensation under this title by:(1) Insuring and keeping insured the payment of such benefits with the state fund; or(2) Qualifying as a self-insurer under this title.[ 1971 ex.s. c 289 s 26.]Notes:Effective dates—Sever…

(1) An employer may qualify as a self-insurer by establishing to the director's satisfaction that he or she has sufficient financial ability to make certain the prompt payment of all compensation under this title and all assessments which may become due from such employer. Each a…

The director may issue a certification that an employer is qualified as a self-insurer when such employer meets the following requirements:(1) He or she has fulfilled the requirements of RCW 51.14.020.(2) He or she has submitted to the department a payroll report for the precedin…

(1) The surety on a bond filed by a self-insurer pursuant to this title may terminate its liability thereon by giving the director written notice stating when, not less than thirty days thereafter, such termination shall be effective.(2) In case of such termination, the surety sh…

(1) Any employer may at any time terminate his or her status as a self-insurer by giving the director written notice stating when, not less than thirty days thereafter, such termination shall be effective, provided such termination shall not be effective until the employer either…

*** CHANGE IN 2026 *** (SEE 6039-S.SL) ***(1) The director may, in cases of default upon any obligation under this title by the self-insurer, after ten days notice by certified mail to the defaulting self-insurer of the intention to do so, bring suit upon such bond or collect the…

Whenever compensation due under this title is not paid because of an uncorrected default of a self-insurer, such compensation shall be paid from the medical aid and accidents funds, and any moneys obtained by the director from the bonds or other security provided under RCW 51.14.…

(1) In all cases of probate, insolvency, assignment for the benefit of creditors, or bankruptcy, the claim of the state for the amounts necessary to fulfill the obligations of a defaulting self-insured employer together with administrative costs and attorneys' fees is a lien prio…

(1) A self-insurers' insolvency trust is established to provide for the unsecured benefits paid to the injured workers of self-insured employers under this title for insolvent or defaulting self-insured employers and for the department's associated administrative costs, including…

(1) Certification of a self-insurer shall be withdrawn by the director upon one or more of the following grounds:(a) The employer no longer meets the requirements of a self-insurer; or(b) The self-insurer's deposit is insufficient; or(c) The self-insurer intentionally or repeated…

(1) Upon the petition of any employee or union or association having a substantial number of employees in the employ of the self-insurer the director or the director's designee may, in the director or designee's sole discretion, hold a hearing to determine whether or not there ar…

(1) The director shall take corrective action against a self-insured employer if the director determines that:(a) The employer is not following proper industrial insurance claims procedures;(b) The employer's accident prevention program is inadequate; or(c) Any condition describe…

(1) Every employer subject to the provisions of this title shall post and keep posted in a conspicuous place or places in and about his or her place or places of business a reasonable number of typewritten or printed notices of compliance substantially identical to a form prescri…

(1) Every self-insurer shall maintain a record of all payments of compensation made under this title. The self-insurer shall furnish to the director all information the self-insurer has in its possession as to any disputed claim, upon forms approved by the director.(2)(a) The dep…

(1) The self-insurer shall provide, when authorized under RCW 51.28.070, a copy of the employee's claim file at no cost within fifteen days of receipt of a request by the employee or the employee's representative, and shall provide the physician performing an examination with all…

The self-insurer shall request allowance or denial of a claim within sixty days from the date that the claim is filed. If the self-insurer fails to act within sixty days, the department shall promptly intervene and adjudicate the claim.[ 1993 c 122 s 3.]

Failure of a self-insurer to comply with RCW 51.14.120 and 51.14.130 shall subject the self-insurer to a penalty under RCW 51.48.080, which shall accrue for the benefit of the employee. The director shall issue an order conforming with RCW 51.52.050 determining whether a violatio…

(1) For the purposes of this section, "hospital" means a hospital as defined in RCW 70.41.020 or a behavioral health hospital regulated under chapter 71.12 RCW, but does not include beds utilized by a comprehensive cancer center for cancer research.(2)(a) Any two or more employer…

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…

(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…

(1) All self-insured municipal employers and self-insured private sector firefighter employers and their 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 …

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:…

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…

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 vacan…

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 inv…

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 w…

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, investigat…

(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 agai…

(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 assi…

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…

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 ac…

(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 fu…

(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 mo…

(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 ob…