Workers' Compensation Frequently Asked Questions

The jurisdiction and legal framework for workers’ compensation in Washington is governed by Title 51 RCW. The state provides sure and certain relief for workers injured in their work, irrespective of questions of fault. This has eliminated civil actions for personal injuries, with certain exceptions for third-party claims.

An industrial injury is characterized by a sudden and tangible happening, of a traumatic nature, producing an immediate or prompt result occurring from without resulting in a physical condition. A claim for industrial injury must be filed within one year from the date of injury.

An occupational disease arises naturally and proximately out of employment. Determination of allowance relies upon objective medical findings by a physician on a more-probable-than-not basis. A claim for occupational disease must be filed within two years from diagnosis.

Key steps include gathering information to evaluate and corroborate the mechanism of injury. Obtaining and identifying pre and post injury/disease chart notes and medical opinions.

There is a 60-day window from the date of receipt of an adverse order to file a protest for reconsideration to the Department or appeal to the Board of Industrial Insurance Appeals.

Ensure information provided to the Department for wage calculation is accurate. Review the asserted work hours, wage rate and benefits reported by the worker. Communication with the worker and attending physician is also helpful to assess recommended physical restrictions and to coordinate timely responses to job analyses presented.

Claim closure requires the worker’s industrially related condition or occupational disease to be at maximum medical improvement along with resolution of employability.

Claim resolution options to avoid the cost and time of litigation include binding medical examinations, Board Order on Agreement of Parties’ and Claims Resolution Settlement Agreements (CRSA). Practical tips involve providing the Department with alternative action options, staying involved in the process, and advocating for additional information.

Obtaining legal representation is strongly advised. All representatives before the Board will be expected to follow the WA Rules of Evidence and WA Civil Rules of Procedure.