Title 51 — Title 51 INDUSTRIAL INSURANCE
14 chapters · 346 sections in this title.
RCW 51.32.120 Further accident after lump sum payment.
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Should a further accident occur to a worker who has been previously the recipient of a lump sum payment under this title, his or her future compensation shall be adjusted according to the other provisions of this chapter and with regard to the combined effect of his or her injuri…
RCW 51.32.130 Lump sum for death or permanent total disability.
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*** CHANGE IN 2026 *** (SEE 2632.SL) ***In case of death or permanent total disability, the monthly payment provided may be converted, in whole or in part, into a lump sum payment, not in any case to exceed eight thousand five hundred dollars, equal or proportionate, as the case …
RCW 51.32.135 Closing of claim in pension cases—Consent of spouse.
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In pension cases when a worker or beneficiary closes his or her claim by full conversion to a lump sum or in any other manner as provided in RCW 51.32.130 and 51.32.150, such action shall be conclusive and effective to bar any subsequent application or claim relative thereto by t…
RCW 51.32.140 Nonresident alien beneficiary.
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*** CHANGE IN 2026 *** (SEE 2632.SL) ***Except as otherwise provided by treaty or this title, whenever compensation is payable to a beneficiary who is an alien not residing in the United States, the department or self-insurer, as the case may be, shall pay the compensation to whi…
RCW 51.32.150 Lump sum to beneficiary outside state.
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If a beneficiary shall reside or move out of the state, the department may, with the written consent of the beneficiary, convert any monthly payments provided for such cases into a lump sum payment (not in any case to exceed the value of the annuity then remaining, to be fixed an…
RCW 51.32.160 Aggravation, diminution, or termination.
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(1)(a) If aggravation, diminution, or termination of disability takes place, the director may, upon the application of the beneficiary, made within seven years from the date the first closing order becomes final, or at any time upon his or her own motion, readjust the rate of com…
RCW 51.32.180 Occupational diseases—Limitation.
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Every worker who suffers disability from an occupational disease in the course of employment under the mandatory or elective adoption provisions of this title, or his or her family and dependents in case of death of the worker from such disease or infection, shall receive the sam…
RCW 51.32.181 Occupational diseases—Public health emergencies—Infectious or contagious diseases.
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(1) For frontline employees who are covered under this title, there exists a prima facie presumption that any infectious or contagious diseases that are transmitted through respiratory droplets or aerosols, or through contact with contaminated surfaces and are the subject of a pu…
RCW 51.32.185 Occupational diseases—Presumption of occupational disease for firefighters and fire investigators—Limitations—Exception—Rules—Advisory committee on occupational disease presumptions.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***(1)(a) In the case of firefighters as defined in RCW 41.26.030(17) (a), (b), (c), and (h) who are covered under this title and firefighters, including supervisors, employed on a full-time, fully compensated basis as a firefighter of a pr…
RCW 51.32.187 Exposed workers—Prima facie presumption of certain occupational diseases—Rebuttal—Definitions.
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(1) The definitions in this section apply throughout this section.(a) "Exposed worker(s)" means a worker working at a radiological hazardous waste facility for at least an eight hour shift covered under this title, including conducting an inspection of the facility.(b) "Radiologi…
RCW 51.32.190 Self-insurers—Notice of denial of claim, reasons—Procedure—Powers and duties of director.
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(1) If the self-insurer denies a claim for compensation, written notice of such denial, clearly informing the claimant of the reasons therefor and that the director will rule on the matter shall be mailed or given to the claimant and the director within thirty days after the self…
RCW 51.32.195 Self-insurers—Information to department.
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On any industrial injury claim where the self-insured employer or injured worker has requested a determination by the department, the self-insurer must submit all medical reports and any other specified information not previously submitted to the department. When the department r…
RCW 51.32.200 Self-insurers—Enforcement of compensation order against.
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(1) If a self-insurer fails, refuses, or neglects to comply with a compensation order which has become final and is not subject to review or appeal, the director or any person entitled to compensation under the order may institute proceedings for injunctive or other appropriate r…
RCW 51.32.210 Claims of injured workers, prompt action—Payment—Acceptance—Effect.
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*** CHANGE IN 2026 *** (SEE 6039-S.SL) ***Claims of injured workers of employers who have secured the payment of compensation by insuring with the department shall be promptly acted upon by the department. Where temporary disability compensation is payable, the first payment ther…
RCW 51.32.215 Payment of compensation after appeal—Enforcement of order—Penalty.
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(1)(a) If the worker or beneficiary in a state fund claim prevails in an appeal by any party to the board or the court, the department shall comply with the board or court's order with respect to the payment of compensation within the later of the following time periods:(i) Sixty…
RCW 51.32.220 Reduction in total disability compensation—Limitations—Notice—Waiver—Adjustment for retroactive reduction in federal social security disability benefit—Restrictions.
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(1) For persons receiving compensation for temporary or permanent total disability pursuant to the provisions of this chapter, such compensation shall be reduced by an amount equal to the benefits payable under the federal old-age, survivors, and disability insurance act as now o…
RCW 51.32.225 Reduction in total disability compensation—Offset for social security retirement benefits.
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(1) For persons receiving compensation for temporary or permanent total disability under this title, the compensation shall be reduced by the department to allow an offset for social security retirement benefits payable under the federal social security, old age survivors, and di…
RCW 51.32.230 Recovery of overpayments.
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Notwithstanding any other provisions of law, any overpayments previously recovered under the provisions of RCW 51.32.220 as now or hereafter amended shall be limited to six months' overpayments. Where greater recovery has already been made, the director, in his or her discretion,…
RCW 51.32.240 Erroneous payments—Payments induced by willful misrepresentation—Adjustment for self-insurer's failure to pay benefits—Recoupment of overpayments by self-insurer—Penalty—Appeal—Enforcement of orders.
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(1)(a) Whenever any payment of benefits under this title is made because of clerical error, mistake of identity, innocent misrepresentation by or on behalf of the recipient thereof mistakenly acted upon, or any other circumstance of a similar nature, all not induced by willful mi…
RCW 51.32.242 Self-insured employer overpayment reimbursement fund—Withholding from worker earnings—Use of funds—Exception.
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(1) Except as provided in subsection (2) of this section, each self-insured employer shall retain from the earnings of each of its workers 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. These …
RCW 51.32.250 Payment of job modification costs.
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Modification of the injured worker's previous job or modification of a new job is recognized as a desirable method of returning the injured worker to gainful employment. In order to assist employers in meeting the costs of job modification, and to encourage employers to modify jo…
RCW 51.32.260 Compensation for loss or damage to personal effects.
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Workers otherwise entitled to compensation under this title may also claim compensation for loss of or damage to the worker's personal clothing, footwear or protective equipment resulting from the industrial accident or incurred in the course of emergency medical treatment for in…
RCW 51.32.300 State employee vocational rehabilitation coordinator.
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The director shall appoint a state employee vocational rehabilitation coordinator who shall provide technical assistance and coordination of claims management to state agencies and institutions of higher education under the state return-to-work programs created by RCW 41.06.490 a…
RCW 51.32.350 Chemically related illness—Criteria and procedures for claims—Claims management.
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(1) By July 1, 1994, the department shall establish interim criteria and procedures for management of claims involving chemically related illness to ensure consistency and fairness in the adjudication of these claims. The criteria and procedures shall apply to employees covered b…
RCW 51.32.360 Chemically related illness—Centers for research and clinical assessment.
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The department shall work with the department of health to establish one or more centers for research and clinical assessment of chemically related illness.[ 1994 c 265 s 3.]
RCW 51.32.370 Chemically related illness—Research projects—Implementation plan—Funding—Deductions from employees' pay.
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(1) The department shall conduct research on chemically related illnesses, which shall include contracting with recognized medical research institutions. The department shall develop an implementation plan for research based on sound scientific research criteria, such as double b…
RCW 51.32.380 Injured offenders—Benefits sent in the care of the department of corrections—Exception—Liability.
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If the department of labor and industries has received notice that an injured worker entitled to benefits payable under this chapter is in the custody of the department of corrections pursuant to a conviction and sentence, the department shall send all such benefits to the worker…
RCW 51.32.390 Health care employees—Presumption of occupational disease for infectious or contagious diseases which are the subject of a public health emergency—Rebuttal—Limitations—Costs.
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(1) For health care employees who are covered under this title, there exists a prima facie presumption that any infectious or contagious diseases which are the subject of a public health emergency are occupational diseases under RCW 51.08.140 during a public health emergency.(2) …
RCW 51.32.395 Direct care registered nurses—Presumption of occupational disease for posttraumatic stress disorder.
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(1) In the case of direct care registered nurses covered under this title who are employed on a fully compensated basis, there exists a prima facie presumption that posttraumatic stress disorder is an occupational disease under RCW 51.08.140. This section applies only to a direct…
RCW 51.36.010 Findings—Minimum standards for providers—Health care provider network—Advisory group—Best practices treatment guidelines—Extent and duration of treatment—Centers for occupational health and education—Rules—Reports.
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*** CHANGE IN 2026 *** (SEE 2405-S.SL) ****** CHANGE IN 2026 *** (SEE 5847-S2.SL) ***(1) The legislature finds that high quality medical treatment and adherence to occupational health best practices can prevent disability and reduce loss of family income for workers, and lower la…
RCW 51.36.015 Chiropractic care and evaluation.
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Subject to the other provisions of this title, the health services that are available to an injured worker under RCW 51.36.010 include chiropractic care and evaluation. For the purposes of assisting the department in making claims determinations, an injured worker may be required…
RCW 51.36.017 Licensed advanced registered nurse practitioners.
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Licensed *advanced registered nurse practitioners are recognized as independent practitioners and, subject to the provisions of this title, the health services available to an injured worker under RCW 51.36.010 include health services provided by licensed *advanced registered nur…
RCW 51.36.020 Transportation to treatment—Artificial substitutes and mechanical aids—Modifications to residences or motor vehicles.
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(1) When the injury to any worker is so serious as to require his or her being taken from the place of injury to a place of treatment, his or her employer shall, at the expense of the medical aid fund, or self-insurer, as the case may be, furnish transportation to the nearest pla…
RCW 51.36.022 Residence modification assistance—Rules—Report to legislature.
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(1) The legislature finds that there is a need to clarify the process and standards under which the department provides residence modification assistance to workers who have sustained catastrophic injury.(2) The director shall adopt rules that take effect no later than nine month…
RCW 51.36.030 First aid.
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Every employer, who employs workers, shall keep as required by the department's rules a first aid kit or kits equipped as required by such rules with materials for first aid to his or her injured workers. Every employer who employs fifty or more workers, shall keep one first aid …
RCW 51.36.040 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 51.36.050 Rehabilitation center—Contracts with self-insurers and others.
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The department may operate and control a rehabilitation center and may contract with self-insurers, and any other persons who may be interested, for use of any such center on such terms as the director deems reasonable.[ 1979 ex.s. c 42 s 1; 1971 ex.s. c 289 s 52.]Notes:Effective…
RCW 51.36.060 Duties of attending provider—Medical information.
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*** CHANGE IN 2026 *** (SEE 2405-S.SL) ***Attending providers under this title shall comply with rules and regulations adopted by the director, and shall make such reports as may be requested by the department or self-insurer upon the condition or treatment of any such worker, or…
RCW 51.36.070 Medical examination—Reports—Costs—Worker's rights.
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(1)(a) Whenever the department or the self-insurer deems it necessary in order to (i) make a decision regarding claim allowance or reopening, (ii) resolve a new medical issue, an appeal, or case progress, or (iii) evaluate the worker's permanent disability or work restriction, a …
RCW 51.36.072 Medical examinations—Telemedicine—Rules.
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(1) The department may adopt rules to implement *section 3, chapter 213, Laws of 2020.(2) The department must adopt rules, policies, and processes governing the use of telemedicine for independent medical examinations under *section 3, chapter 213, Laws of 2020. Development of ru…
RCW 51.36.080 Payment of fees and medical charges by department—Interest—Cost-effective payment methods—Audits.
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(1) All fees and medical charges under this title shall conform to the fee schedule established by the director and shall be paid within sixty days of receipt by the department of a proper billing in the form prescribed by department rule or sixty days after the claim is allowed …
RCW 51.36.085 Payment of fees and medical charges by self-insurers—Interest.
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All fees and medical charges under this title shall conform to regulations promulgated, and the fee schedule established by the director and shall be paid within sixty days of receipt by the self-insured of a proper billing in the form prescribed by department rule or sixty days …
RCW 51.36.090 Review of billings—Investigation of unauthorized services.
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An employer may request review of billings for any medical and surgical services received by a worker by submitting written notice to the department. The department shall investigate the billings and determine whether the worker received services authorized under this title. When…
RCW 51.36.100 Audits of health care providers authorized.
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The legislature finds and declares it to be in the public interest of the residents of the state of Washington that a proper regulatory and inspection program be instituted in connection with the provision of medical, chiropractic, dental, vocational, and other health services to…
RCW 51.36.110 Audits of health care providers—Powers of department.
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The director of the department of labor and industries or the director's authorized representative shall have the authority to:(1) Conduct audits and investigations of providers of medical, chiropractic, dental, vocational, and other health services furnished to industrially inju…
RCW 51.36.120 Confidential information.
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When contracting for health care services and equipment, the department, upon request of a contractor, shall keep confidential financial and valuable trade information, which shall be exempt from public inspection and copying under chapter 42.56 RCW.[ 2005 c 274 s 325; 1989 c 189…
RCW 51.36.130 False, misleading, or deceptive advertising or representations.
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In addition to other authority granted under this chapter, the department may deny applications of health care providers to participate as a provider of services to injured workers under this title, or terminate or suspend providers' eligibility to participate, if the provider us…
RCW 51.36.140 Industrial insurance medical advisory committee—Duties—Membership.
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(1) The department shall establish an industrial insurance medical advisory committee. The industrial insurance medical advisory committee shall advise the department on matters related to the provision of safe, effective, and cost-effective treatments for injured workers, includ…
RCW 51.36.150 Industrial insurance chiropractic advisory committee—Duties—Membership.
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(1) The department shall establish an industrial insurance chiropractic advisory committee. The industrial insurance chiropractic advisory committee shall advise the department on matters related to the provision of safe, effective, and cost-effective chiropractic treatments for …
RCW 51.44.010 Accident fund.
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There shall be, in the office of the state treasurer, a fund to be known and designated as the "accident fund."[ 1961 c 23 s 51.44.010. Prior: 1947 c 247 s 1(4d), part; Rem. Supp. 1947 s 7676d, part.]