Washington Workers' Compensation: Deadlines, Benefits and How to File
Washington workers' comp rules: who must carry it, deadlines to report and file, weekly benefit rate and maximum, choosing a doctor, appeals and retaliation.
Quick answers for Washington
- Deadline to report the injury
- A worker who is injured must report the accident to the employer, superintendent or supervisor forthwith (right away). L&I advises reporting to your employer as soon as possible; RCW 51.28.010; L&I, Workers' Compensation Benefits guide
- Deadline to file a claim
- An injury claim must be filed within one year after the day of the injury. Occupational disease claims must be filed within two years of receiving written notice from a health care provider that the condition exists and is work-related. RCW 51.28.050; L&I, Workers' Compensation Benefits guide
- Weekly benefit rate
- Time-loss compensation is paid as a percentage of the worker's wages based on family status at the time of injury: 60% for a single worker, plus 5% for a spouse or registered domestic partner, plus an amount for each dependent child (2% per child for up to five children for injuries… RCW 51.32.060; L&I, Time-Loss Compensation (March 2026)
- Maximum weekly benefit
- Washington sets a monthly, not weekly, maximum: for injuries on or after July 1, 1996, time-loss may not exceed 120% of the state's average monthly wage. L&I, Maximum Time-Loss Rates chart; L&I, Time-Loss Compensation (March 2026)
Last verified: 2026-10-27
Coverage and deadlines
| Which employers must carry it | Washington's workers' compensation law is meant to cover all employment in the state. Employers get coverage through the Department of Labor & Industries' State Fund or by qualifying to self-insure. The only employments excluded from mandatory coverage include: domestic servants in a private home whose employer has fewer than two employees regularly working 40 or more hours a week; gardening, maintenance or repair work at the employer's private home; work outside the employer's trade or business; people working only for aid from religious or charitable groups; sole proprietors and partners; children under 18 working for parents on the family farm; and certain corporate officers. |
|---|---|
| Deadline to report the injury | A worker who is injured must report the accident to the employer, superintendent or supervisor forthwith (right away). L&I advises reporting to your employer as soon as possible; otherwise the employer may ask L&I to deny the claim. The employer must report the accident to L&I when the worker received treatment, was hospitalized, was disabled from work, or died. Employers may not engage in claim suppression. |
| Deadline to file a claim | An injury claim must be filed within one year after the day of the injury. Occupational disease claims must be filed within two years of receiving written notice from a health care provider that the condition exists and is work-related. |
| Waiting period | Workers are never paid time-loss for the day of injury. For injuries on or after June 6, 2024, time-loss (or loss of earning power) is not paid for the first three days after the injury unless the worker is still disabled on the seventh day after the injury, in which case the first three days are paid. |
Benefits
| Weekly benefit rate | Time-loss compensation is paid as a percentage of the worker's wages based on family status at the time of injury: 60% for a single worker, plus 5% for a spouse or registered domestic partner, plus an amount for each dependent child (2% per child for up to five children for injuries before July 1, 2026). L&I adjusts benefits each July 1 to reflect changes in the state's average wage. Washington pays time-loss on a monthly basis rather than weekly. |
|---|---|
| Maximum weekly benefit | Washington sets a monthly, not weekly, maximum: for injuries on or after July 1, 1996, time-loss may not exceed 120% of the state's average monthly wage. L&I's chart lists a maximum of $9,981.00 per month ($332.70 per day) effective July 1, 2026, up from $9,516.00 effective July 1, 2025. |
| How long benefits last | Washington law sets no maximum number of weeks for time-loss (temporary total disability) compensation. It is paid so long as the total disability continues and stops as soon as recovery is complete enough that the worker's earning power is restored to its pre-injury level. If earning power is only partly restored, reduced (loss of earning power) payments may continue, but only when the loss of earning power exceeds five percent. Benefits also end for a worker who has voluntarily retired from the workforce. Source: RCW 51.32.090 |
| Permanent disability | A worker with a permanent loss of bodily function receives a permanent partial disability award. Some losses (such as amputation or loss of vision or hearing) have amounts set by law; other impairments are rated by the attending provider or independent medical examiners once the worker is medically stable. The award is based on the degree of damage, not on whether the worker can work. A worker who is permanently and totally disabled may be granted a monthly pension. |
| Death benefits | If a worker dies from a work injury or occupational disease, the surviving spouse and dependent children receive a monthly pension based on the time-loss formula. The spouse also receives an immediate cash payment equal to 100% of the state's average monthly wage, and L&I pays burial or cremation expenses up to 200% of the state's average monthly wage. Children's payments continue until age 18 (23 if full-time students). A surviving spouse who remarries may take a lump-sum settlement instead of continuing payments. |
Doctors, filing, settlements and appeals
| Choosing a doctor | For the first office or emergency room visit, the worker may choose any health care provider qualified to treat the injury. For any additional or ongoing care, the worker must be treated by a provider in the L&I Medical Provider Network; if the worker's regular provider is not in the network and will not enroll, the worker must transfer to a network provider. Qualified providers include medical, osteopathic, chiropractic, naturopathic and podiatric physicians, dentists, optometrists, nurse practitioners and, beginning July 1, 2025, physician assistants (and psychologists for mental-health-only claims). |
|---|---|
| How to file | Report the injury to your employer as soon as possible, then file a State Fund Report of Industrial Injury or Occupational Disease with L&I: online at Lni.wa.gov/FileFast, by phone at 1-877-561-3453, or at your health care provider's office at your first visit. |
| Settlements | An injured worker who is at least 50 years old may resolve an allowed claim through a structured (claim resolution) settlement with the employer and, for state-fund claims, the Department of Labor & Industries. The claim must have been received at least 180 days earlier and the order allowing it must be final. The settlement covers all benefits other than medical benefits, which cannot be settled. Every settlement must be approved by the Board of Industrial Insurance Appeals: for an unrepresented worker, an industrial appeals judge holds a conference and approves only if the agreement is in the worker's best interest; an attorney-represented worker submits it directly to the Board. Any party may revoke consent in writing within 30 days after Board approval. Source: RCW 51.04.063 |
| Appealing a denial | A worker who disagrees with an L&I decision may send a written protest to L&I within 60 days of receiving it, or appeal directly to the Board of Industrial Insurance Appeals. An appeal to the Board must also be sent within 60 days of receiving L&I's decision. The Board, which is independent of L&I, holds hearings and issues a written decision, which can be appealed to Superior Court. Attorney fees are limited by law. |
| Deadline to challenge a denial | A worker or other person aggrieved by an order, decision or award of the Department of Labor and Industries must file a notice of appeal with the Board of Industrial Insurance Appeals and the director within 60 days from the day the order was communicated. After hearings, an industrial appeals judge issues a proposed decision; a party has 20 days (or any extension allowed) to file a petition for review with the Board. A party aggrieved by the Board's final decision, or by its denial of review, may appeal to superior court within 30 days after it is communicated. |
| Retaliation for filing | No employer may fire or discriminate against an employee for filing or announcing an intent to file a workers' compensation claim, or for exercising rights under the workers' compensation law (though employers can act for other reasons, such as safety-rule violations). An employee may file a complaint with L&I within 90 days of the violation; L&I investigates and, if it finds a violation, sues in superior court. If L&I finds no violation, the employee may sue on their own. Source: RCW 51.48.025 |
| Filing or checking a claim online | File a workers' comp claim with the Department of Labor & Industries (L&I) online through FileFast, by phone at 1-877-561-FILE (3453), or at your doctor's office, where the doctor files the Report of Accident for you. If your employer is self-insured, you must file with your employer. L&I or the self-insured employer must receive the Report of Accident within 1 year of the injury (2 years from diagnosis for occupational disease). Check your claim online through L&I's Claim & Account Center (Lni.wa.gov/ClaimInfo), or call L&I's Office of Information and Assistance at 1-800-547-8367. Guide: https://lni.wa.gov/forms-publications/F242-104-000.pdf |
| Lawyer fees in comp cases | Washington law limits attorney fees for services before L&I to a reasonable fee of not more than 30 percent of the increase in the award the attorney secures, fixed by the L&I director on application; for appeals, the Board of Industrial Insurance Appeals fixes the fee, and it is unlawful to charge more. Fees on claim resolution settlement agreements are limited to 15 percent of the total paid to the worker. You can request a fee review by writing to the Director of Labor & Industries, PO Box 44000, Olympia WA 98504-4000, or the Board of Industrial Insurance Appeals, PO Box 42401, Olympia WA 98504-2401. You don't need an attorney to protest an L&I decision. Guide: https://lni.wa.gov/forms-publications/F242-104-000.pdf |
Lawsuits and uninsured employers
| Suing your employer | Generally no. Washington's industrial insurance law withdrew workplace injuries from private lawsuits and abolished civil actions and court jurisdiction over them, providing workers' comp benefits to the exclusion of every other remedy except as the law provides. If the injury results from the employer's deliberate intention to produce the injury, the worker may take benefits and also sue the employer for damages beyond the benefits paid or payable. |
|---|---|
| Suing someone other than your employer | Yes. If a third person not in the worker's same employ is liable for the injury, the worker may choose to sue that person, and must give notice to the Department of Labor and Industries or the self-insured employer when the action is filed; the department or self-insurer may intervene to protect its statutory interest. From any recovery, costs and attorney fees are shared proportionately, the worker receives 25 percent of the balance (or less if agreed in a settlement), and the department or self-insurer is reimbursed from the remainder to the extent of benefits paid. |
| If your employer has no workers' comp | An employer whose worker is injured before the employer has secured payment of workers' comp may be liable for a penalty of 50 to 100 percent of the cost of the injury, and an employer that failed to secure coverage may also be liable for a penalty of $1,000 or double the premiums owed for the uncovered period, whichever is greater. A separate section (RCW 51.48.022) covers stop-work orders for failure to secure coverage. Only the heading of RCW 51.48.022 was read. How benefits are paid to a worker of a non-complying employer was not confirmed from the statutes read. |
Where to get help in Washington
Workers' Compensation FAQ
Which employers must have workers' comp in Washington?
Washington's workers' compensation law is meant to cover all employment in the state. Employers get coverage through the Department of Labor & Industries' State Fund or by qualifying to self-insure. The only employments excluded from mandatory coverage include: domestic servants in a private home whose employer has fewer than two employees regularly working 40 or more hours a week; gardening, maintenance or repair work at the employer's private home; work outside the employer's trade or business; people working only for aid from religious or charitable groups; sole proprietors and partners; children under 18 working for parents on the family farm; and certain corporate officers.
How long do you have to report a work injury in Washington?
A worker who is injured must report the accident to the employer, superintendent or supervisor forthwith (right away). L&I advises reporting to your employer as soon as possible; otherwise the employer may ask L&I to deny the claim. The employer must report the accident to L&I when the worker received treatment, was hospitalized, was disabled from work, or died. Employers may not engage in claim suppression.
What is the deadline to file a workers' comp claim in Washington?
An injury claim must be filed within one year after the day of the injury. Occupational disease claims must be filed within two years of receiving written notice from a health care provider that the condition exists and is work-related.
Is there a waiting period for workers' comp in Washington?
Workers are never paid time-loss for the day of injury. For injuries on or after June 6, 2024, time-loss (or loss of earning power) is not paid for the first three days after the injury unless the worker is still disabled on the seventh day after the injury, in which case the first three days are paid.
How much does workers' comp pay in Washington?
Time-loss compensation is paid as a percentage of the worker's wages based on family status at the time of injury: 60% for a single worker, plus 5% for a spouse or registered domestic partner, plus an amount for each dependent child (2% per child for up to five children for injuries before July 1, 2026). L&I adjusts benefits each July 1 to reflect changes in the state's average wage.
What is the maximum workers' comp benefit in Washington?
Washington sets a monthly, not weekly, maximum: for injuries on or after July 1, 1996, time-loss may not exceed 120% of the state's average monthly wage. L&I's chart lists a maximum of $9,981.00 per month ($332.70 per day) effective July 1, 2026, up from $9,516.00 effective July 1, 2025.
Can you choose your own doctor for workers' comp in Washington?
For the first office or emergency room visit, the worker may choose any health care provider qualified to treat the injury. For any additional or ongoing care, the worker must be treated by a provider in the L&I Medical Provider Network; if the worker's regular provider is not in the network and will not enroll, the worker must transfer to a network provider. Qualified providers include medical, osteopathic, chiropractic, naturopathic and podiatric physicians, dentists, optometrists, nurse practitioners and, beginning July 1, 2025, physician assistants (and psychologists for mental-health-only claims).
How does permanent disability work under workers' comp in Washington?
A worker with a permanent loss of bodily function receives a permanent partial disability award. Some losses (such as amputation or loss of vision or hearing) have amounts set by law; other impairments are rated by the attending provider or independent medical examiners once the worker is medically stable. The award is based on the degree of damage, not on whether the worker can work. A worker who is permanently and totally disabled may be granted a monthly pension.
What workers' comp death benefits are available in Washington?
If a worker dies from a work injury or occupational disease, the surviving spouse and dependent children receive a monthly pension based on the time-loss formula. The spouse also receives an immediate cash payment equal to 100% of the state's average monthly wage, and L&I pays burial or cremation expenses up to 200% of the state's average monthly wage. Children's payments continue until age 18 (23 if full-time students). A surviving spouse who remarries may take a lump-sum settlement instead of continuing payments.
How do you file a workers' comp claim in Washington?
Report the injury to your employer as soon as possible, then file a State Fund Report of Industrial Injury or Occupational Disease with L&I: online at Lni.wa.gov/FileFast, by phone at 1-877-561-3453, or at your health care provider's office at your first visit.
How do you appeal a denied workers' comp claim in Washington?
A worker who disagrees with an L&I decision may send a written protest to L&I within 60 days of receiving it, or appeal directly to the Board of Industrial Insurance Appeals. An appeal to the Board must also be sent within 60 days of receiving L&I's decision. The Board, which is independent of L&I, holds hearings and issues a written decision, which can be appealed to Superior Court. Attorney fees are limited by law.
Can you be fired for filing workers' comp in Washington?
No employer may fire or discriminate against an employee for filing or announcing an intent to file a workers' compensation claim, or for exercising rights under the workers' compensation law (though employers can act for other reasons, such as safety-rule violations). An employee may file a complaint with L&I within 90 days of the violation; L&I investigates and, if it finds a violation, sues in superior court. If L&I finds no violation, the employee may sue on their own.
How long can you receive workers' comp in Washington?
Washington law sets no maximum number of weeks for time-loss (temporary total disability) compensation. It is paid so long as the total disability continues and stops as soon as recovery is complete enough that the worker's earning power is restored to its pre-injury level. If earning power is only partly restored, reduced (loss of earning power) payments may continue, but only when the loss of earning power exceeds five percent. Benefits also end for a worker who has voluntarily retired from the workforce.
How do workers' comp settlements work in Washington?
An injured worker who is at least 50 years old may resolve an allowed claim through a structured (claim resolution) settlement with the employer and, for state-fund claims, the Department of Labor & Industries. The claim must have been received at least 180 days earlier and the order allowing it must be final. The settlement covers all benefits other than medical benefits, which cannot be settled. Every settlement must be approved by the Board of Industrial Insurance Appeals: for an unrepresented worker, an industrial appeals judge holds a conference and approves only if the agreement is in the worker's best interest; an attorney-represented worker submits it directly to the Board. Any party may revoke consent in writing within 30 days after Board approval.
How do I file or check a workers' comp claim online in Washington?
File a workers' comp claim with the Department of Labor & Industries (L&I) online through FileFast, by phone at 1-877-561-FILE (3453), or at your doctor's office, where the doctor files the Report of Accident for you. If your employer is self-insured, you must file with your employer. L&I or the self-insured employer must receive the Report of Accident within 1 year of the injury (2 years from diagnosis for occupational disease). Check your claim online through L&I's Claim & Account Center (Lni.wa.gov/ClaimInfo), or call L&I's Office of Information and Assistance at 1-800-547-8367.
How much can a workers' comp lawyer charge in Washington?
Washington law limits attorney fees for services before L&I to a reasonable fee of not more than 30 percent of the increase in the award the attorney secures, fixed by the L&I director on application; for appeals, the Board of Industrial Insurance Appeals fixes the fee, and it is unlawful to charge more. Fees on claim resolution settlement agreements are limited to 15 percent of the total paid to the worker. You can request a fee review by writing to the Director of Labor & Industries, PO Box 44000, Olympia WA 98504-4000, or the Board of Industrial Insurance Appeals, PO Box 42401, Olympia WA 98504-2401. You don't need an attorney to protest an L&I decision.
Can you sue your employer for a work injury in Washington?
Generally no. Washington's industrial insurance law withdrew workplace injuries from private lawsuits and abolished civil actions and court jurisdiction over them, providing workers' comp benefits to the exclusion of every other remedy except as the law provides. If the injury results from the employer's deliberate intention to produce the injury, the worker may take benefits and also sue the employer for damages beyond the benefits paid or payable.
Can you sue a third party for a work injury in Washington?
Yes. If a third person not in the worker's same employ is liable for the injury, the worker may choose to sue that person, and must give notice to the Department of Labor and Industries or the self-insured employer when the action is filed; the department or self-insurer may intervene to protect its statutory interest. From any recovery, costs and attorney fees are shared proportionately, the worker receives 25 percent of the balance (or less if agreed in a settlement), and the department or self-insurer is reimbursed from the remainder to the extent of benefits paid.
What if my employer doesn't have workers' comp insurance in Washington?
An employer whose worker is injured before the employer has secured payment of workers' comp may be liable for a penalty of 50 to 100 percent of the cost of the injury, and an employer that failed to secure coverage may also be liable for a penalty of $1,000 or double the premiums owed for the uncovered period, whichever is greater. A separate section (RCW 51.48.022) covers stop-work orders for failure to secure coverage.
How long do you have to appeal a denied workers' comp claim in Washington?
A worker or other person aggrieved by an order, decision or award of the Department of Labor and Industries must file a notice of appeal with the Board of Industrial Insurance Appeals and the director within 60 days from the day the order was communicated. After hearings, an industrial appeals judge issues a proposed decision; a party has 20 days (or any extension allowed) to file a petition for review with the Board. A party aggrieved by the Board's final decision, or by its denial of review, may appeal to superior court within 30 days after it is communicated.
Workers' Compensation in other states
More Washington law
- Washington tenant rights & landlord-tenant law
- Washington small claims court
- Washington wills, probate & estates
- Washington protective & restraining orders
- Washington employment law
- Washington debt & collections
- Washington unemployment benefits
- Washington divorce & family law
- Washington expungement & criminal records
- Washington traffic tickets & dui
- Washington personal injury & wrongful death
- Washington foreclosure & homeowner law
- Washington consumer protection
- Washington starting an llc & small business
- Washington bankruptcy
- Washington car insurance & vehicle laws
- Washington property tax & homestead exemptions
- Washington criminal law
- Washington gun laws
- Find a lawyer or free legal help in Washington
- All Washington law guides
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.