How do I file a workers' compensation claim in Washington?

Washington is one of four monopolistic state-fund states — coverage is provided only by the Department of Labor and Industries (L&I) unless the employer is approved as self-insured. Codified at RCW Title 51.

1. Coverage

Required for all employers with 1+ employee (RCW 51.12.020). Excluded: federal employees, casual labor not in the course of business, certain corporate officers who exempt out, and qualifying independent contractors meeting the 6-part test.

2. Notice to Employer

Report immediately. No specific statutory notice deadline distinct from filing, but prompt reporting is critical.

3. Claim Filing

File a Report of Industrial Injury or Occupational Disease (signed by you and your doctor) with L&I within 1 year of injury or 2 years of an occupational disease diagnosis (RCW 51.28.050).

4. Benefits

Medical fully covered. Time-loss compensation pays 60–75% of monthly wages depending on marital/dependent status (RCW 51.32.090), subject to state max (120% of state average monthly wage). Permanent Partial Disability under RCW 51.32.080 (Category awards). Permanent Total Disability (pension) for life. Survivor pension for dependents under § 51.32.050 plus $10,000 burial.

5. Independent Medical Exam (IME)

L&I or self-insured employer may require IME under RCW 51.32.110. Refusal suspends benefits.

6. Choice of Doctor

You may choose any physician in L&I's Medical Provider Network (MPN) for the initial visit and ongoing care.

7. Denied Claim / Appeal

L&I issues an order. Protest or appeal within 60 days of the order. Appeal to the Board of Industrial Insurance Appeals (BIIA), then to Superior Court for a jury trial de novo, then Court of Appeals (RCW 51.52).

8. Third-Party Suit

RCW 51.24.030 preserves third-party suits. L&I has a statutory lien — the Department is entitled to reimbursement under the Department of Labor & Industries distribution formula.

This is legal information, not legal advice.