Title 51 — Title 51 INDUSTRIAL INSURANCE
14 chapters · 346 sections in this title.
RCW 51.44.020 Medical aid fund.
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There shall be, in the office of the state treasurer, a fund to be known and designated as the "medical aid fund."[ 1961 c 23 s 51.44.020. Prior: 1923 c 136 s 8, part; 1919 c 129 s 1, part; 1917 c 28 s 4, part; RRS s 7713, part.]
RCW 51.44.023 Industrial insurance rainy day fund—Administration—Advisory committee.
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(1) There shall be, in the custody of the state treasurer, a fund to be known and designated as the industrial insurance rainy day fund.(2) The director shall be the administrator of the fund, may transfer moneys into and out of the fund only as authorized by this section, and sh…
RCW 51.44.030 Reserve fund.
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There shall be, in the office of the state treasurer, a fund to be known and designated as the "reserve fund."[ 1961 c 23 s 51.44.030. Prior: 1957 c 70 s 39; prior: 1949 c 219 s 1, part; 1947 c 246 s 1, part; 1929 c 132 s 2, part; 1927 c 310 s 4, part; 1923 c 136 s 2, part; 1919 …
RCW 51.44.033 Supplemental pension fund.
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There shall be, in the office of the state treasurer, a fund to be known and designated as the "supplemental pension fund." The director shall be the administrator thereof. The fund shall be used for the sole purposes of making the additional payments therefrom prescribed in this…
RCW 51.44.040 Second injury fund.
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(1) There is in the office of the state treasurer a fund to be known and designated as the "second injury fund," which may be used only for the purpose of defraying charges against employers and for supporting return-to-work outcomes for injured workers as provided in RCW 51.16.1…
RCW 51.44.050 Catastrophe injury account.
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There shall be a special account within the accident fund to be known as the "catastrophe injury account" which shall be used only for the purpose of defraying charges against it as provided in RCW 51.16.130.[ 1961 c 23 s 51.44.050. Prior: 1959 c 308 s 6; 1957 c 70 s 40; prior: 1…
RCW 51.44.060 Charge to accident fund for the catastrophe injury account.
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The charge to the accident fund to defray charges against the catastrophe injury account shall be made pursuant to rules and regulations promulgated by the director.[ 1972 ex.s. c 43 s 28; 1961 c 23 s 51.44.060. Prior: 1959 c 308 s 7; 1957 c 70 s 41; prior: 1947 c 247 s 1(4f), pa…
RCW 51.44.070 Transfer from accident fund and/or appropriate accounts to reserve fund—Annuity values.
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For every case resulting in death or permanent total disability the department shall transfer on its books from the accident fund of the proper class and/or appropriate account to the "reserve fund" a sum of money for that case equal to the estimated present cash value of the mon…
RCW 51.44.073 Transfer from self-insurer into the reserve fund—Annuity values—Alternative—Penalty for delay or refusal to reimburse.
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(1) For every case resulting in death or permanent total disability, a self-insurer in these circumstances shall pay into the self-insurance reserve fund a sum of money for that case equal to the estimated present cash value of the monthly payments provided for it, to be calculat…
RCW 51.44.080 Reserve fund—Transfers from state fund—Surplus—Deficiency.
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The department shall notify the state treasurer from time to time, of transfers as a whole from the state fund to the reserve fund and from self-insured employers to the self-insurance reserve fund and the interest or other earnings of the reserve fund shall become a part of the …
RCW 51.44.090 Reserve fund record and maintenance by state treasurer.
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The state treasurer shall keep accurate accounts of the reserve fund and the investment and earnings thereof, to the end that the total reserve fund shall at all times, as nearly as may be, be properly and fully invested and, to meet current demands for pension or lump sum paymen…
RCW 51.44.100 Investment of accident, medical aid, reserve, self-insurance reserve, industrial insurance rainy day, supplemental pension funds.
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Whenever, in the judgment of the state investment board, there shall be in the accident fund, medical aid fund, reserve fund, self-insurance reserve fund, industrial insurance rainy day fund, or the supplemental pension fund, funds in excess of that amount deemed by the state inv…
RCW 51.44.110 Disbursements of funds.
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Disbursement out of the several funds shall be made only upon warrants or payments drawn by the department. The state treasurer shall pay every warrant or payment out of the fund upon which it is drawn. If, at any time, there shall not be sufficient money in the fund on which any…
RCW 51.44.115 Financial statements and information—Annual audit and report.
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(1) The department shall:(a) Prepare financial statements on the state fund in accordance with generally accepted accounting principles, including but not limited to financial statements on the accident fund, the medical aid fund, the pension reserve fund, the self-insurance rese…
RCW 51.44.120 Liability of state treasurer.
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The state treasurer shall be liable on his or her official bond for the safe custody of the moneys and securities of the several funds, but all of the provisions of law relating to state depositaries and to the deposit of state moneys therein shall apply to the several funds and …
RCW 51.44.140 Self-insurer deposits into self-insurance reserve fund—Accounts within fund—Surpluses and deficits.
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Each self-insurer shall make such deposits, into the self-insurance reserve fund, as the department shall require pursuant to RCW 51.44.073, as are necessary to guarantee the payments of the pensions established pursuant to RCW 51.32.050 and 51.32.060.Each self-insurer shall have…
RCW 51.44.142 Self-insured employer overpayment reimbursement fund.
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The self-insured employer overpayment reimbursement fund is created in the custody of the state treasurer. Expenditures from the account may be used only for reimbursing the self-insurance reserve fund and self-insured employers for benefits overpaid during the pendency of board …
RCW 51.44.145 Self-insured insurer program—Administrative costs.
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Moneys used for administrative costs for one-time projects requested by self-insured employers and that will support the self-insured employer program is subject to the allotment of all expenditures pursuant to chapter 43.88 RCW. However, an appropriation is not required for expe…
RCW 51.44.150 Assessments upon self-insurers for administration costs.
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The director shall impose and collect assessments each fiscal year upon all self-insurers in the amount of the estimated costs of administering their portion of this title during such fiscal year. These assessments shall also include the assessments for the ombuds's office provid…
RCW 51.44.155 Self-insurance reserve fund.
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There shall be, in the office of the state treasurer, a fund to be known and designated as the "self-insurance reserve fund."[ 2023 c 110 s 1.]Notes:Effective date—2023 c 110 ss 1 and 4-13: "Sections 1 and 4 through 13 of this act take effect July 1, 2025." [ 2023 c 110 s 17.]
RCW 51.44.160 Interfund loans between reserve, self-insurance reserve, and supplemental pension funds—Audit.
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The director is authorized to make periodic temporary interfund transfers between the reserve, self-insurance reserve, and supplemental pension funds as may be necessary to provide for payments from the supplemental pension fund as prescribed in this title. At least once annually…
RCW 51.44.170 Industrial insurance premium refund account.
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The industrial insurance premium refund account is created in the custody of the state treasurer. All industrial insurance refunds earned by state agencies or institutions of higher education under the state fund retrospective rating program shall be deposited into the account. T…
RCW 51.44.180 Stay-at-work program—Administrative expenses—Advisory committee.
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(1) Moneys used for administrative expenses to assist employers with developing a stay-at-work program and other related services that respond to employer needs or employee needs, or both, in the stay-at-work program as they arise is subject to the allotment of all expenditures p…
RCW 51.44.190 Construction registration inspection account—Fee levels—Transfers.
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(1) The construction registration inspection account is created in the state treasury. All moneys, except fines and penalties, received or collected under the terms of chapters 18.27 and 70.87 RCW and under the terms of RCW 43.22.335 through 43.22.430 and 43.22.432 through 43.22.…
RCW 51.48.010 Employer's liability for penalties, injury or disease occurring before payment of compensation secured.
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Every employer shall be liable for the penalties described in this title and may also be liable if an injury or occupational disease has been sustained by a worker prior to the time he or she has secured the payment of such compensation to a penalty in a sum not less than fifty p…
RCW 51.48.017 Self-insurer delaying or refusing to pay benefits.
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(1) Every time a self-insurer unreasonably delays or refuses to pay benefits as they become due, the self-insurer shall pay a penalty not to exceed the greater of $1,000 or 25 percent of: (a) The amount due or (b) each underpayment made to the claimant. For purposes of this secti…
RCW 51.48.020 Employer's false reporting or failure to secure payment of compensation—False information by claimants—Unlawful actions—Penalties.
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(1)(a) Any employer, who knowingly misrepresents to the department the amount of his or her payroll or employee hours upon which the premium under this title is based, shall be liable to the state for up to ten times the amount of the difference in premiums paid and the amount th…
RCW 51.48.022 Failure to secure payment of compensation—Stop work order—Penalty—Rules.
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(1) In addition to the penalties provided by this chapter, an employer performing services that require registration under chapter 18.27 RCW or licensing under chapter 18.106 or 19.28 RCW who violates RCW 51.14.010 may be subject to a stop work order issued under this section.(2)…
RCW 51.48.025 Retaliation by employer prohibited—Investigation—Remedies.
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(1) No employer may discharge or in any manner discriminate against any employee because such employee has filed or communicated to the employer an intent to file a claim for compensation or exercises any rights provided under this title. However, nothing in this section prevents…
RCW 51.48.030 Failure to keep records and make reports.
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(1) Every employer who fails to keep and preserve the records required by this title or fails to make the reports provided in this title shall be subject to a penalty determined by the director but not to exceed five hundred dollars or two hundred percent of the quarterly tax for…
RCW 51.48.040 Inspection of employer's records.
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(1) The books, records and payrolls of the employer pertinent to the administration of this title shall always be open to inspection by the department or its traveling auditor, agent or assistant, for the purpose of ascertaining the correctness of the payroll, the persons employe…
RCW 51.48.050 Liability for illegal collections for medical aid.
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It shall be unlawful for any employer to directly or indirectly demand or collect from any of his or her workers any sum of money whatsoever for or on account of medical, surgical, hospital, or other treatment or transportation of injured workers, other than as specified in RCW 5…
RCW 51.48.055 Termination, dissolution, or abandonment of business—Personal liability for unpaid premiums.
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(1) Upon termination, dissolution, or abandonment of a corporate or limited liability company business, any officer, member, manager, or other person having control or supervision of payment and/or reporting of industrial insurance, or who is charged with the responsibility for t…
RCW 51.48.060 Physician or licensed advanced registered nurse practitioner—Failure to report or comply.
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Any physician or licensed *advanced registered nurse practitioner who fails, neglects or refuses to file a report with the director, as required by this title, within five days of the date of treatment, showing the condition of the injured worker at the time of treatment, a descr…
RCW 51.48.075 Information and training on premium liability.
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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 5.]Notes:Adoption of r…
RCW 51.48.080 Violation of rules.
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(1) Every person, firm, or corporation who violates or fails to obey, observe, or comply with any statutory provision of this title or rule of the department promulgated under authority of this title, shall be subject to a penalty of not to exceed $1,000.(2) The department may, f…
RCW 51.48.090 Collection.
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Civil penalties to the state under this title shall be collected by civil action in the name of the state and paid into the accident fund unless a different fund is designated.[ 1961 c 23 s 51.48.090. Prior: (i) 1947 c 247 s 1, part; Rem. Supp. 1947 s 7676d, part. (ii) 1911 c 74 …
RCW 51.48.095 Adjustment for inflation.
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(1) The penalties payable pursuant to this chapter shall be adjusted for inflation every three years, beginning July 1, 2023, based upon changes in the consumer price index during that time period.(2) For purposes of this section, "consumer price index" means, for any calendar ye…
RCW 51.48.100 Waiver—Penalty-free periods.
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(1) The director may waive the whole or any part of any penalty charged under this title.(2) Until June 30, 1986: (a) The director may, at his or her discretion, declare a penalty-free period of no more than three months only for employers who have never previously registered und…
RCW 51.48.103 Engaging in business without certificate of coverage—Unlawful actions—Penalties.
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(1) It is a gross misdemeanor:(a) For any employer to engage in business subject to this title without having obtained a certificate of coverage as provided for in this title;(b) For the president, vice president, secretary, treasurer, or other officer of any company to cause or …
RCW 51.48.105 Failure to apply for coverage of employees—Not applicable, when.
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The penalties provided under this title for failure to apply for coverage for employees as required by the provisions of Title 51 RCW, the worker's compensation law, shall not be applicable prior to March 1, 1972, as to any employer whose work first became subject to this title o…
RCW 51.48.110 Decedent having no beneficiaries—Payment into supplemental pension fund.
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Where death results from the injury or occupational disease and the deceased leaves no beneficiaries, a self-insurer shall pay into the supplemental pension fund the sum of ten thousand dollars, less any amount that the self-insurer paid under RCW 51.32.040(2) as payment due for …
RCW 51.48.120 Notice of assessment for default in payments by employer—Issuance—Service—Contents.
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If any employer should default in any payment due to the state fund the director or the director's designee may issue a notice of assessment certifying the amount due, which notice shall be served upon the employer by mailing such notice to the employer by a method for which rece…
RCW 51.48.131 Notice of assessment for default in payments by employer—Appeal.
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A notice of assessment becomes final thirty days from the date the notice of assessment was served upon the employer unless: (1) A written request for reconsideration is filed with the department of labor and industries, or (2) an appeal is filed with the board of industrial insu…
RCW 51.48.140 Notice of assessment for employer's default in payments—When amount becomes final—Warrant—Execution—Garnishment—Fees.
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If a notice of appeal is not served on the director and the board of industrial insurance appeals pursuant to RCW 51.48.131 within thirty days from the date of service of the notice of assessment, or if a final decision and order of the board of industrial insurance appeals in fa…
RCW 51.48.150 Notice of assessment for employer's default in payments—Notice to withhold and deliver property due employer.
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The director or the director's designee is hereby authorized to issue to any person, firm, corporation, municipal corporation, political subdivision of the state, a public corporation, or any agency of the state, a notice and order to withhold and deliver property of any kind wha…
RCW 51.48.160 Revocation of certificate of coverage for failure to pay warrants or taxes.
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If any warrant issued under this title is not paid within thirty days after it has been filed with the clerk of the superior court, or if any employer is delinquent, for three consecutive reporting periods, in the transmission to the department of taxes due, the department may, b…
RCW 51.48.170 Emergency assessment and collection of taxes.
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If the director or the director's designee has reason to believe that an employer is insolvent or about to cease business, leave the state, or remove or dissipate assets out of which taxes or penalties might be satisfied, and the collection of any taxes accrued will be jeopardize…
RCW 51.48.180 Emergency assessment and collection of taxes—Distraint and sale of property.
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*** CHANGE IN 2026 *** (SEE 6039-S.SL) ***If the amount of taxes, interest, or penalties assessed by the director or the director's designee by order and notice of assessment pursuant to RCW 51.48.170 is not paid within ten days after the service or mailing of the order and notic…
RCW 51.48.190 Emergency assessment and collection of taxes—Conduct of sale.
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The director or the director's designee, upon making a distraint pursuant to RCW 51.48.170 and 51.48.180, shall seize the property and shall make an inventory of the property distrained, a copy of which shall be mailed to the owner of such property or personally delivered to the …