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Workers' Compensation Summary - Washington

 

Washington Department of Labor and Industries logoThe Department of Labor and Industries (L&I) is responsible for administering the Workers' Compensation (WC) program in Washington. The following brief summary is intended to provide a general overview of Workers' Compensation coverage and benefits in Washington. See the separate topic for help with acronyms. For further information contact your local or state Workers' Compensation Program office. This information is based on data provided by the U.S. Department of Labor and updated by L&I, and is believed current as of January 2011.

Benefit rates change annually on July 1 of each year. Rates discussed below are in effect from July 1, 2010 through June 30, 2011.

Type of Law and Insurance Requirements

In Washington, workers' compensation is compulsory, and no waivers are permitted. There is an exclusive state fund. Employers may not insure through private carriers, but may self-insure, or insure through groups of employers. There is no exemption for employers with small numbers of employees.

Coverage of Agricultural Workers

Covers all agricultural employees except a child under 18 employed by the child's parents in agricultural activities on the family farm. Children ages 18 to 21 living and working on a family farm may be excluded from mandatory coverage by their parents.

Coverage of Domestic Employees

Covers situations of two or more domestic workers if regularly employed in a private home for 40 or more hours per week.

Medical Benefits

Full medical benefits are provided with no time or monetary limitations.

Benefits for Temporary Total Disability (TTD)

The percentage of worker's wage paid is from 60 to 75. For monthly payments, the minimum is $185 or more, according to marital status and number of dependents, and the maximum is $4,715, 120% of the state's average monthly wage. The maximum period of payments is the duration of temporary disability. WC benefits are subject to Social Security benefit offsets.

Benefits for Permanent Total Disability (PTD)

The percentage of worker's wage paid is from 60 to 75. For monthly payments, the minimum is $185 or more, according to marital status and number of dependents, and the maximum is $4,715, 120% of the state's average monthly wage. The maximum period of payments is life. WC benefits are subject to Social Security benefit offsets.

Benefits for Permanent Partial Disability (PPD)

The percentage of worker's wage paid is not specified. For monthly payments, the minimum is payable but not statutorily prescribed, and the maximum is not specified. For non-scheduled injuries, the maximum period of payments is not specified, and the maximum total amount payable is $149,116. Payments are based on the percentage of permanent physical impairment. In the event an award exceeds three times the state's average monthly wage, the employee receives a first payment equal to three times the state's average monthly wage with the balance in monthly payments per temporary disability schedule, plus eight percent interest per annum on the unpaid balance. The law provides for payment of fixed sums based on the percentage of disability, or combination thereof, at the time of injury. The sums are adjusted each July to reflect changes in the consumer price index; however, adjusted sums only apply to new claims on or after date of adjustment.

Disfigurement Benefits

Washington has no specific provision for payment of disfigurement benefits.

Offset Provisions in State Laws

Section 51.32--Reduces temporary and permanent total disability benefits to allow an offset for Social Security retirement benefits under the Federal OASDI, in a manner similar to Section 51.32.220.

Section 51.32.220--Reduces temporary and permanent total disability benefits for persons under age 65 by an amount equal to the benefits payable under the Federal OASDI, under certain conditions.

Contact Information

Washington Department of Labor and Industries (L&I Headquarters)
7273 Linderson Way SW
Tumwater, WA 98501-5414

Mailing address:
Washington Department of Labor and Industries
PO Box 44850
Olympia, WA 98504-4850

Phone: (360) 902-5799
Fax: (360) 902-5792
TDD: (360) 902-4637

Internet: http://www.lni.wa.gov/ClaimsIns/claims/

Additional Information

Washington Workers' Compensation Laws and Rules are available online at:
http://www.lni.wa.gov/LawRule/default.asp

Other State's Summaries

Curious about the Workers' Compensation program in another state? Want to see a summary like this one? Click here to select another state's summary.

Source

Some information for this topic was drawn from:
http://www.lni.wa.gov/ClaimsIns/claims/
http://www.lni.wa.gov/news/


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