Title 51 — Title 51 INDUSTRIAL INSURANCE
14 chapters · 346 sections in this title.
RCW 51.24.030 Action against third person—Election by injured person or beneficiary—Underinsured motorist insurance coverage.
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(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…
RCW 51.24.035 Immunity of design professional and employees.
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(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 a…
RCW 51.24.040 Election or recovery no bar to compensation or benefits.
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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.]
RCW 51.24.050 Assignment of cause of action—Disposition of recovered amount.
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(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…
RCW 51.24.060 Distribution of amount recovered—Lien.
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*** CHANGE IN 2026 *** (SEE 6039-S.SL) ***(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 b…
RCW 51.24.070 Required election—Procedures—Right of reelection.
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*** CHANGE IN 2026 *** (SEE 6039-S.SL) ***(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 registered mail, certified mail, or personal service on the worker or ben…
RCW 51.24.080 Notice of election or copy of complaint to department or self-insurer—Filing notice.
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*** CHANGE IN 2026 *** (SEE 6039-S.SL) ***(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. The notice shall be by registered mail, certified mail, or personal service. If…
RCW 51.24.090 Compromise or settlement less than benefits.
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(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 depart…
RCW 51.24.100 Right to compensation not pleadable or admissible—Challenge to right to bring action.
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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 a…
RCW 51.24.110 Assigned cases—Special assistant attorneys general.
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(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 attorne…
RCW 51.24.120 Rules.
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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.]
RCW 51.24.900 Application—1977 ex.s. c 85.
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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.]
RCW 51.24.902 Application—1984 c 218.
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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.]
RCW 51.28.010 Notice of accident—Notification of worker's rights—Claim suppression.
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(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 an…
RCW 51.28.015 Injury reporting—Findings—Department educational initiative—Pilot program, employers to assist workers in applying for benefits—Report.
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(1) The legislature finds that:(a) In 1998, the joint legislative audit and review committee, in its performance audit of the Washington industrial insurance system, reported that one of the most significant causes for delayed benefit payments to workers and lack of employer invo…
RCW 51.28.020 Worker's application for compensation—Attending provider to aid in.
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(1)(a) Where a worker is entitled to compensation under this title he or she shall file with the department or his or her self-insured employer, as the case may be, his or her application for such, together with the certificate of the physician, osteopathic physician, chiropracto…
RCW 51.28.025 Duty of employer to report injury or disease—Contents of report—Claim suppression—Penalty.
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(1) Whenever an employer has notice or knowledge of an injury or occupational disease sustained by any worker in his or her employment who has received treatment from a physician or a licensed *advanced registered nurse practitioner, has been hospitalized, disabled from work or h…
RCW 51.28.030 Beneficiaries' application for compensation—Notification of rights.
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Where death results from injury the parties entitled to compensation under this title, or someone in their behalf, shall make application for the same to the department or self-insurer as the case may be, which application must be accompanied with proof of death and proof of rela…
RCW 51.28.040 Application for change in compensation.
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(1)(a) If change of circumstances warrants an increase or rearrangement of compensation, like application shall be made therefor. Where the application has been granted, compensation and other benefits if in order shall be allowed for periods of time up to 60 days prior to the re…
RCW 51.28.050 Time limitation for filing application or enforcing claim for injury.
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No application shall be valid or claim thereunder enforceable unless filed within one year after the day upon which the injury occurred or the rights of dependents or beneficiaries accrued, except as provided in RCW 51.28.055 and 51.28.025(5).[ 2007 c 77 s 3; 1984 c 159 s 1; 1961…
RCW 51.28.055 Time limitation for filing claim for occupational disease—Notice—Hearing loss claims—Rules.
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(1) Except as provided in subsection (2) of this section for claims filed for occupational hearing loss, claims for occupational disease or infection to be valid and compensable must be filed within two years following the date the worker had written notice from a physician or a …
RCW 51.28.060 Proof of dependency.
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A dependent shall at all times furnish the department with proof satisfactory to the director of the nature, amount, and extent of the contribution made by the deceased worker.Proof of dependency by any beneficiary residing without the United States shall be made before the neare…
RCW 51.28.070 Claim files and records confidential.
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(1) Information contained in the claim files and records of injured workers, 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 representativ…
RCW 51.28.080 Determination of compensation for temporary total disability—Notification of employer.
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(1) An employer shall be promptly notified by the department when:(a) The department has received an application for compensation under this title. If the employer is a state fund employer, the department shall instruct the employer to submit a report of accident form and provide…
RCW 51.28.090 Notification of availability of basic health plan.
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The director shall notify persons receiving time-loss payments under this chapter of the availability of basic health care coverage to qualified enrollees under chapter 70.47 RCW, unless the Washington basic health plan administrator has notified the director of closure of enroll…
RCW 51.28.100 Physician assistant signatures—Documents required by the department.
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The department shall accept the signature of a physician assistant on any certificate, card, form, or other documentation required by the department that the physician assistant's participating physician or physicians, as defined in RCW 18.71A.010, may sign, provided that it is w…
RCW 51.32.010 Who entitled to compensation.
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Each worker injured in the course of his or her employment, or his or her family or dependents in case of death of the worker, shall receive compensation in accordance with this chapter, and, except as in this title otherwise provided, such payment shall be in lieu of any and all…
RCW 51.32.015 Time and place of coverage—Lunch period.
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The benefits of Title 51 RCW shall be provided to each worker receiving an injury, as defined therein, during the course of his or her employment and also during his or her lunch period as established by the employer while on the jobsite. The jobsite shall consist of the premises…
RCW 51.32.020 Who not entitled to compensation.
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If injury or death results to a worker from the deliberate intention of the worker himself or herself to produce such injury or death, or while the worker is engaged in the attempt to commit, or the commission of, a felony, neither the worker nor the widow, widower, child, or dep…
RCW 51.32.025 Payments for children cease at age eighteen—Exceptions.
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Any payments to or on account of any child or children of a deceased or temporarily or totally permanently disabled worker pursuant to any of the provisions of chapter 51.32 RCW shall terminate when any such child reaches the age of eighteen years unless such child is a dependent…
RCW 51.32.030 When compensation payable to employer or member of corporate employer.
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Any sole proprietor, partner, or joint venturer who has requested coverage under this title and who shall thereafter be injured or sustain an occupational disease, shall be entitled to the benefit of this title, as and under the same circumstances and subject to the same obligati…
RCW 51.32.040 Protection of awards—Payment after death—Time limitations for filing—Confinement in institution.
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(1) Except as provided in RCW 43.20B.720, 72.09.111, 74.20A.260, and 51.32.380, no money paid or payable under this title shall , be assigned, charged, or taken in execution, attached, garnished, or pass or be paid to any other person by operation of law, any form of voluntary as…
RCW 51.32.045 Direct deposit or electronic payment of benefits.
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Any worker or other recipient of benefits under this title may elect to have any payments due paid by debit card or other electronic means or transferred to such person's account in a financial institution for either: (1) Credit to the recipient's account in such financial instit…
RCW 51.32.050 Death benefits.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***(1) Where death results from the injury the expenses of burial not to exceed two hundred percent of the average monthly wage in the state as defined in RCW 51.08.018 shall be paid.(2)(a) Where death results from the injury, a surviving s…
RCW 51.32.053 Transportation network companies—Driver death benefits.
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(1) In addition to the coverage provided in RCW 51.16.250, death benefits shall be payable in accordance with RCW 51.32.050 when a transportation network company driver's death results from an injury occurring while the driver is:(a) Logged onto the transportation network company…
RCW 51.32.055 Determination of permanent disabilities—Closure of claims by self-insurers.
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(1) One purpose of this title is to restore the injured worker as nearly as possible to the condition of self-support as an able-bodied worker. Benefits for permanent disability shall be determined under the director's supervision, except as otherwise authorized in subsection (9)…
RCW 51.32.060 Permanent total disability compensation—Personal attendant.
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(1) When the supervisor of industrial insurance shall determine that permanent total disability results from the injury, the worker shall receive monthly during the period of such disability:(a) If married at the time of injury, sixty-five percent of his or her wages.(b) If marri…
RCW 51.32.067 Permanent total disability—Death benefit options—Election.
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(1) After a worker elects one of the options in (a), (b), or (c) of this subsection, that option shall apply only if the worker dies during a period of permanent total disability from a cause unrelated to the injury, leaving a surviving spouse, child, children, or other dependent…
RCW 51.32.072 Additional payments for prior pensioners—Children—Remarriage—Attendant.
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(1) Notwithstanding any other provision of law, every surviving spouse and every permanently totally disabled worker or temporarily totally disabled worker, if such worker was unmarried at the time of the worker's injury or was then married but the marriage was later terminated b…
RCW 51.32.073 Additional payments for prior pensioners—Premium liability of worker and employer for additional payments.
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(1) Except as provided in subsection (2) of this section, each employer shall retain from the earnings of each worker that amount as shall be fixed from time to time by the director, the basis for measuring said amount to be determined by the director. The money so retained shall…
RCW 51.32.075 Adjustments in compensation or death benefits.
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The compensation or death benefits payable pursuant to the provisions of this chapter for temporary total disability, permanent total disability, or death arising out of injuries or occupational diseases shall be adjusted as follows:(1) On July 1, 1982, there shall be an adjustme…
RCW 51.32.080 Permanent partial disability—Specified—Unspecified, rules for classification—Injury after permanent partial disability.
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(1)(a) Until July 1, 1993, for the permanent partial disabilities here specifically described, the injured worker shall receive compensation as follows:LOSS BY AMPUTATIONOf leg above the knee joint with shortthigh stump (3" or less below thetuberosity of ischium). . . .$54,000.00…
RCW 51.32.090 Temporary total disability—Partial restoration of earning power—Return to available work—When employer continues wages—Limitations—Finding—Rules.
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(1) When the total disability is only temporary, the schedule of payments contained in *RCW 51.32.060 (1) and (2) shall apply, so long as the total disability continues.(2) Any compensation payable under this section for children not in the custody of the injured worker as of the…
RCW 51.32.095 Vocational rehabilitation services—Benefits—Priorities—Allowable costs—Performance criteria.
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(1) One of the primary purposes of this title is to enable the injured worker to become employable at gainful employment. To this end, the department or self-insurers must utilize the services of individuals and organizations, public or private, whose experience, training, and in…
RCW 51.32.096 Vocational rehabilitation benefits and options—Advisory committee—Procedures—Requirements—Definitions—Costs.
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(1) To continue the partnership of business and labor with regard to best practices in the provision of vocational services and to identify further improvements to Washington's vocational rehabilitation system and benefits, the director must appoint a vocational rehabilitation ad…
RCW 51.32.098 Vocational rehabilitation services—Applicability.
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Nothing in RCW 51.32.095 or in the repeal of chapter 51.41 RCW by section 5, chapter 339, Laws of 1985 shall be construed as prohibiting the completion of vocational rehabilitation plans approved under this title prior to May 16, 1985. Injured workers referred for vocational reha…
RCW 51.32.100 Preexisting disease.
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If it is determined that an injured worker had, at the time of his or her injury, a preexisting disease and that such disease delays or prevents complete recovery from such injury, it shall be ascertained, as nearly as possible, the period over which the injury would have caused …
RCW 51.32.110 Medical examination—Refusal to submit—Traveling expenses—Pay for time lost.
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*** CHANGE IN 2026 *** (SEE 2632.SL) ***(1) As required under RCW 51.36.070, any worker entitled to receive any benefits or claiming such under this title shall, if requested by the department or self-insurer, submit himself or herself for medical examination, at a place reasonab…
RCW 51.32.112 Medical examination—Standards and criteria—Special examinations by chiropractors—Compensation guidelines and reporting criteria.
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(1) The department shall develop standards for the conduct of special medical examinations to determine permanent disabilities, including, but not limited to:(a) The qualifications of persons conducting the examinations;(b) The criteria for conducting the examinations, including …
RCW 51.32.114 Medical examination—Department to monitor quality and objectivity.
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The department shall examine the credentials of persons conducting special medical examinations and shall monitor the quality and objectivity of examinations and reports for the department and self-insured claimants. The department shall adopt rules to ensure that examinations ar…