Washington Worker's Compensation Benefits
By Aaron Larson
Law Offices of Aaron Larson
July, 2003
Important Notice: The following overview of Washington's worker's compensation (workmans comp) benefits is presented on an as-is basis. This information is believed accurate as of the date of authorship, but is not intended to provide a complete analysis of available benefits and may not reflect subsequent changes in the law. For a full review of Washington's worker's compensation law, or for a determination of how the law applies to a specific worker, please consult a worker's compensation attorney licensed to practice in the state of Washington.
Contents
- Introduction
- Special Employment Situations
- Medical Benefits & Choice of Physician
- Disability Benefits Provided
- Death Benefits Provided
- Limits on Attorney Fees
Introduction
Washington's system of worker's compensation (workman's comp) is compulsory, meaning that employers are required to provide worker's compensation insurance for their employees. Worker's compensation insurance may be provided through a state fund, or employers may self-insure. Waivers are not permitted.
Special Employment Situations
With the exception of children working on a family farm, agricultural employers must provide worker's compensation coverage for their employees. Two or more domestic workers will be covered by the act, if regularly employed in a private home for forty or more hours per week.
Medical Benefits & Choice of Physician
Full medical benefits are provided to employees entitled to worker's compensation benefits, with no time or monetary limits. Initial choice of physician is made by the employee.
Disability Benefits Provided
Payments are made for temporary total disability (TTD) in an amount determined by a percentage of the worker's wage, subject to weekly maximum and minimum payment amounts. Payments continue for the duration of the disability. Benefits are subject to offsets for Social Security benefits.
Payments are made for permanent total disability (PTD) based upon a percentage of the worker's wage, subject to weekly minimum and maximum payment amounts. Payments for PTD may continue for life. Benefits are subject to Social Security benefit offsets.
Payments for permanent partial disability (PPI) are not statutorily prescribed, but may be available.
There is a total benefit cap for benefits paid in relation to a non-scheduled injury.
Scheduled awards are paid in addition to total temporary disability benefits starting upon termination of the termination of the TTD benefits. Scheduled awards are not reduced because of receipt of TTD benefits.
Physical rehabilitation benefits are covered under medical services. Vocational rehabilitation benefits are available.
With certain constraints and filing deadlines, occupational hearing losses may be compensable.
Death Benefits Provided
Death benefits are payable to an employee's surviving spouse, or spouse and children, based upon a percentage of the employee's wages, subject to a cap. A minimum benefit is provided regardless of the employee's earnings. A burial allowance is available.
Limits on Attorney Fees
Attorney fees for claimants are limited by statute to 30%. In certain cases, the attorney fee may be added to the award.
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