Washington Workers' Compensation: Fast Facts

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Coverage Requirements Under Washington State Law

Most Washington businesses with at least one full-time or part-time employee must provide workers' compensation insurance, with a few exceptions. We list any employees automatically exempt from this insurance coverage requirement below.

Work-Related Injury or Illness Reporting Requirements

Report your job-related injury or illness to your employer immediately, preferably in writing, and seek medical attention. (Washington state law says you may sacrifice your right to workers' compensation if you don't report it within 30 days.) If your employer is self-insured, you'll need to contact HR to help you start your claim paperwork. Otherwise, the first doctor that treats you must report it to Washington's Department of Labor & Industries within 5 days.

Where to Seek Medical Care

Every employer in Washington state must have a first-aid kit on job sites available for employees with minor injuries. If you need urgent care, go to the nearest hospital or clinic before you notify your employer. State law gives you the right to choose the first healthcare provider you see for treatment. After that, you'll need to see a doctor in the state's network for ongoing care. Check to see if your preferred doctor is on the state's authorized provider list.

Waiting Period for Lost-Wage Benefits in Washington

Your first 3 days off are always unpaid unless you cannot return to work for at least two weeks. Once your doctor keeps you off the job for 15 days, then you'll receive lost-wage benefits retroactive to day 1. If you can go back to work in 3 days or less, then workers' compensation only pays your medical bills.

Washington Workers' Compensation Statute of Limitations

You have one year from your work accident or two years from your illness diagnosis date to apply for Washington workers' compensation benefits.

Washington Weekly Compensation Rate

You can receive 60%-75% of your average weekly wage (AWW), subject to Washington's maximum and minimum benefit amounts. The amount you get in TTD benefits depends on how many dependents you currently support financially.

Important: Benefit checks expire after 180 days (6 months), so don't wait to cash or deposit them in the bank!

How Long You Can Receive Washington Workers' Comp Benefits

  • Medical benefits:unlimited
  • Death benefits:approximately $10,000 for funeral and burial expenses as well as monthly TTD payments until the surviving spouse remarries or dies
  • Temporary Total Disability (TTD):biweekly payments until you return to work or the duration of disability
  • Permanent Partial Disability (PPD): lump-sum award calculated based on your percentage of Total Body Impairment (TBI) paid after your claim closes and biweekly TTD benefits end
  • Temporary Partial Disability (TPD):2/3 of the difference between your pre-injury and post-injury earnings for no more than 5 years from your incident date
  • Permanent Total Disability (PTD):monthly payments for as long as you cannot work in any job, though you may request to cash in your award for a maximum of $8,500 in a one-time payment in rare circumstances; your monthly amount is reduced once you start drawing Social Security benefits

Washington Workers' Comp Coverage Exemptions

The following employees are automatically exempt from Washington workers' compensation coverage requirements:

  • Booth renters
  • Certain musicians and entertainers hired for a specific performance event
  • Domestic workers employed less than 40 hours per week in private households
  • Federal employees
  • Independent contractors
  • Gardeners and maintenance workers employed in private homes
  • Insurance producers
  • Jockeys working in the horse-racing industry
  • Limited liability company (LLC) members and corporate officers
  • Minor children employed on family farms their parents own
  • Salon workers and make-up artists renting or leasing a space for work purposes
  • Sole proprietors and partners
  • volunteers

Washington Workers' Compensation Attorney Fees

All Washington workman's comp lawyers work on contingency. This means you only pay legal fees if you win. If you don't win, then you pay your attorney $0. State law says your attorney cannot charge more than 30% of any increase in your contested award amount.