Washington workers' compensation is administered exclusively by the Department of Labor & Industries (L&I) — a monopolistic state fund — under the Industrial Insurance Act, RCW Title 51.
1. Monopolistic State Fund
Washington is one of four monopolistic states (with Ohio, North Dakota, and Wyoming).
Private workers' comp insurance is NOT allowed; employers must purchase coverage through L&I, OR qualify as a self-insured employer (about 1/3 of WA workers are covered by self-insured employers).
2. Who Is Covered
Virtually all Washington employees (RCW 51.12.020).
Employers with 1 or more employees must obtain coverage.
Sole proprietors, partners, LLC members, and corporate officers may opt out (with L&I election).
3. Notice to Employer
No strict statutory notice deadline, but should be reported promptly. The Report of Accident (ROA) is typically initiated by the treating physician at the worker's first visit.
4. Filing Deadline — 1 Year
File a Report of Accident (ROA) with L&I within 1 year of the injury (RCW 51.28.050).
For occupational disease: 2 years from notice from a doctor that the disease is work-related (RCW 51.28.055).
File online through L&I's MyL&I portal or via the treating physician.
5. Weekly Benefit Calculation — Unique Formula
Time-Loss Compensation: percentage of monthly wages based on marital and dependent status (RCW 51.32.060):
- Single, no dependents: 60%
- Married, no dependents: 65%
- Each dependent: +2%, up to a maximum 75%
2024 maximum: 120% of SAWW (~$8,478/month or ~$1,956/week); minimum: 15% of SAWW.
6. Maximum Benefit Period
Time-loss: until medically able to return to work or claim closure.
Permanent Total Disability (PTD): lifetime monthly pension.
Permanent Partial Disability (PPD): lump-sum award based on percentage impairment (RCW 51.32.080).
7. Medical Treatment — Worker Chooses (within L&I Network)
The injured worker chooses any L&I-approved attending provider (RCW 51.36.010).
L&I maintains a list of approved Medical Provider Network (MPN) physicians.
Self-insured employers may have additional restrictions.
8. Choice of Doctor
Broad — any L&I-approved provider.
9. Attorney Fees
Set by the Board of Industrial Insurance Appeals (BIIA) on appeal — typically 30% of additional benefits awarded (RCW 51.52.120). Lower percentages may apply at the L&I level.
10. Two-Fund Structure
Accident Fund: pays time-loss, PPD, pension, vocational benefits.
Medical Aid Fund: pays medical treatment costs (uniquely, employees pay half of the Medical Aid Fund premium via payroll deduction).
11. Vocational Rehabilitation
L&I provides vocational services if the worker cannot return to the job of injury (RCW 51.32.095).
This is legal information, not legal advice.