The Washington workers compensation act — formally the Washington Industrial Insurance Act (originally enacted as the Workmen’s Compensation Act), found at Revised Code of Washington (RCW) Title 51, “Industrial Insurance” (RCW 51.04 through 51.98) — is the statute behind every workers’ comp claim, benefit and employer mandate in the state.
This plain-English guide to the Washington workers compensation act gives the section numbers next to the rules people actually need: who must be covered, the deadlines, the waiting period, the pay rate, the exclusive-remedy bargain, the ban on retaliation and the penalties. Verified against the official code as of October 2026.
Washington at a Glance
| Official name | Industrial Insurance Act (originally enacted as the Workmen’s Compensation Act) |
| Where it lives | Revised Code of Washington (RCW) Title 51, “Industrial Insurance” (RCW 51.04 through 51.98) |
| First enacted | 1911 |
| Reporting deadline | There is no fixed number of days. Under RCW 51.28.010 the worker, or someone on their behalf, must “forthwith” report the accident to the employer, superintendent or supervisor. The employer must then “at once” report it to L&I when the worker received treatment, was hospitalized, was disabled from work or died. |
| Filing deadline | For injuries, 1 year from the day of injury (RCW 51.28.050). For occupational disease, 2 years from the date the worker got written notice from a physician or advanced registered nurse practitioner that the condition exists and a claim may be filed, or 2 years from the date of death (RCW 51.28.055). |
| Exclusive remedy | RCW 51.04.010 and RCW 51.32.010 make industrial insurance the exclusive remedy against the employer. The main exception is RCW 51.24.020: if the employer acted with “deliberate intention” to produce the injury, the worker may also sue for damages beyond benefits paid. Washington courts read this as actual knowledge that injury was certain to occur, willfully disregarded. |
In This Washington Guide:
What the Washington Workers Compensation Act Is
A workers’ compensation act is a no-fault deal written into state law: the employer pays for work injuries without the worker proving fault, and the worker gives up most lawsuits against the employer in return. The Washington workers compensation act dates to 1911. It lives at Revised Code of Washington (RCW) Title 51, “Industrial Insurance” (RCW 51.04 through 51.98), and the official text is linked in the sources.
Washington is a monopolistic state: employers must use the L&I state fund or qualify as self-insured, and no private workers’ comp insurance is sold. Workers also pay part of the premium; L&I says employers pay about 75% and workers about 25%. Benefits get a cost-of-living adjustment each July 1 (RCW 51.32.075).
Any appeal of an L&I order must reach BIIA within 60 days, so many claimants confirm deadlines with L&I, BIIA and a licensed attorney.
Who the Washington Workers Compensation Act Covers
RCW 51.12.010 brings in “all employments which are within the legislative jurisdiction” of the state, so coverage generally applies from the first worker. The employer secures coverage through the state fund run by the Department of Labor & Industries (L&I) or through certified self-insurance under RCW 51.14.010. There is no private-carrier market.
RCW 51.12.020 lists “the only employments” excluded from mandatory coverage, including certain domestic servants in a private home (employer with fewer than 2 regular full-time domestic employees) and sole proprietors or partners (who may choose to be covered).
Deadlines in the Washington Workers Compensation Act
Waiting period: RCW 51.32.090. No time-loss is paid for the day of injury or the 3 days after it unless the disability lasts 7 consecutive calendar days from the date of injury. This applies to injuries on or after June 6, 2024; older claims used 14 days.. Wage-loss rate: Temporary total disability is paid under RCW 51.32.090 using the RCW 51.32.060 schedule.
That schedule is 60% of the worker’s monthly wages, plus 5% for a spouse and 2% per dependent child, up to 75% of wages. The maximum is tied to a percentage of the state average monthly wage, set each July 1 under RCW 51.32.060 and 51.32.075. Check L&I’s current rate table for this year’s maximum..
Washington Workers Compensation Act: Key Sections at a Glance
The sections of the Washington workers compensation act that decide most cases, each with its citation:
| Coverage mandate | RCW 51.12.010 brings in “all employments which are within the legislative jurisdiction” of the state, so coverage generally applies from the first worker. The employer secures coverage through the state fund run by the Department of Labor & Industries (L&I) or through certified self-insurance under RCW 51.14.010. There is no private-carrier market. |
| Exemptions | RCW 51.12.020 lists “the only employments” excluded from mandatory coverage, including certain domestic servants in a private home (employer with fewer than 2 regular full-time domestic employees) and sole proprietors or partners (who may choose to be covered). |
| Report an injury | There is no fixed number of days. Under RCW 51.28.010 the worker, or someone on their behalf, must “forthwith” report the accident to the employer, superintendent or supervisor. The employer must then “at once” report it to L&I when the worker received treatment, was hospitalized, was disabled from work or died. |
| File a claim | For injuries, 1 year from the day of injury (RCW 51.28.050). For occupational disease, 2 years from the date the worker got written notice from a physician or advanced registered nurse practitioner that the condition exists and a claim may be filed, or 2 years from the date of death (RCW 51.28.055). |
| Waiting period | RCW 51.32.090. No time-loss is paid for the day of injury or the 3 days after it unless the disability lasts 7 consecutive calendar days from the date of injury. This applies to injuries on or after June 6, 2024; older claims used 14 days. |
| Wage-loss rate | Temporary total disability is paid under RCW 51.32.090 using the RCW 51.32.060 schedule. That schedule is 60% of the worker’s monthly wages, plus 5% for a spouse and 2% per dependent child, up to 75% of wages. The maximum is tied to a percentage of the state average monthly wage, set each July 1 under RCW 51.32.060 and 51.32.075. Check L&I’s current rate table for this year’s maximum. |
| Exclusive remedy | RCW 51.04.010 and RCW 51.32.010 make industrial insurance the exclusive remedy against the employer. The main exception is RCW 51.24.020: if the employer acted with “deliberate intention” to produce the injury, the worker may also sue for damages beyond benefits paid. Washington courts read this as actual knowledge that injury was certain to occur, willfully disregarded. |
| Retaliation | RCW 51.48.025 bars an employer from firing or discriminating against a worker for filing, or saying they intend to file, a claim, or for exercising rights under Title 51. The worker may file a complaint with the L&I director within 90 days of the violation. The superior court may order relief including rehiring or reinstatement with back pay. |
| Uninsured employer penalty | Under RCW 51.48.010, if a worker is injured before the employer secured coverage, the employer owes a penalty of 50% to 100% of the claim cost. Separately, failing to secure coverage carries a penalty of up to 1000 or double the unpaid premiums, whichever is greater (RCW 51.48.010 and RCW 51.48.103). Doing business without a certificate of coverage is a gross misdemeanor (RCW 51.48.103). |
| Who hears disputes | L&I decides claims, and a party may protest an L&I order to L&I for reconsideration (RCW 51.52.050). Appeals go to the Board of Industrial Insurance Appeals (BIIA), created by RCW 51.52.010, within 60 days of the order being communicated (RCW 51.52.060). Board decisions may then be appealed to superior court (RCW 51.52.110). |
The Exclusive-Remedy Bargain in the Washington Workers Compensation Act
RCW 51.04.010 and RCW 51.32.010 make industrial insurance the exclusive remedy against the employer. The main exception is RCW 51.24.020: if the employer acted with “deliberate intention” to produce the injury, the worker may also sue for damages beyond benefits paid. Washington courts read this as actual knowledge that injury was certain to occur, willfully disregarded.
Retaliation and Penalties Under the Washington Workers Compensation Act
RCW 51.48.025 bars an employer from firing or discriminating against a worker for filing, or saying they intend to file, a claim, or for exercising rights under Title 51. The worker may file a complaint with the L&I director within 90 days of the violation. The superior court may order relief including rehiring or reinstatement with back pay.
Under RCW 51.48.010, if a worker is injured before the employer secured coverage, the employer owes a penalty of 50% to 100% of the claim cost. Separately, failing to secure coverage carries a penalty of up to 1000 or double the unpaid premiums, whichever is greater (RCW 51.48.010 and RCW 51.48.103). Doing business without a certificate of coverage is a gross misdemeanor (RCW 51.48.103).
📨 Get Free Workers Comp Guides Alerts
Free · No spam · Unsubscribe anytime
L&I decides claims, and a party may protest an L&I order to L&I for reconsideration (RCW 51.52.050). Appeals go to the Board of Industrial Insurance Appeals (BIIA), created by RCW 51.52.010, within 60 days of the order being communicated (RCW 51.52.060). Board decisions may then be appealed to superior court (RCW 51.52.110).
Recent Amendments to the Washington Workers Compensation Act
No amendment to the Washington workers compensation act effective in 2024, 2025 or 2026 was identified in the official code at verification time. Benefit maximums still change every year under the existing sections.
How to Read the Washington Workers Compensation Act
Statute pages are written for lawyers, so read the Washington workers compensation act in this order: the definitions section (who is an employee), the coverage section, then the specific section for your question, using the citations above. The official code is the source; the summaries on legal-information sites are not.
If a section of the Washington workers compensation act seems to conflict with what an insurer told you, the section wins — and the state agency’s information line can confirm it for free.
Applying the act: the Washington claim guide turns these sections into steps and dates, and the Washington requirements guide covers the employer side.
Frequently Asked Questions
Where is the Washington workers compensation act in the code?
Revised Code of Washington (RCW) Title 51, “Industrial Insurance” (RCW 51.04 through 51.98). The sources below link to the official text.
How long do I have to report a work injury under the Washington act?
There is no fixed number of days. Under RCW 51.28.010 the worker, or someone on their behalf, must “forthwith” report the accident to the employer, superintendent or supervisor. The employer must then “at once” report it to L&I when the worker received treatment, was hospitalized, was disabled from work or died.. Report in writing as soon as possible either way.
Can I sue my employer instead of using the Washington workers compensation act?
Usually not — the exclusive-remedy section bars most lawsuits against a covered employer. Claims against third parties, and against an uninsured employer, are the common exceptions.
Official Washington Sources & Resources
- Washington Washington State Department of Labor & Industries (L&I), which runs the state fund. The Board of Industrial Insurance Appeals hears disputes.: https://lni.wa.gov/claims/
- Washington Workers’ Comp Statute: https://app.leg.wa.gov/rcw/default.aspx?cite=51
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This Washington workers compensation act guide was last verified against official Washington sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
You May Also Like
More Washington Workers’ Comp Guides
- How to File a Washington Workers’ Comp Claim
- Washington Workers’ Comp Settlements
- Washington Workers’ Comp Requirements (Employers)
- Workers’ Comp Guides for All 50 States
Disclaimer: This guide is informational only and is not legal, medical, or financial advice. Workers Comp Explained is an independent educational resource, not a law firm or insurer. Workers’ comp benefits, settlement values, deadlines, and requirements vary by state and by the specific facts of your injury and change over time, and any settlement figures here are illustrative only.
Confirm your rights and any deadline with your state’s workers’ compensation board and a licensed attorney before you act.