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SUBSTITUTE HOUSE BILL 1950
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AS AMENDED BY THE SENATE
Passed Legislature - 2001 Regular Session
State of Washington 57th Legislature 2001
Regular Session
By
Read first time 02/27/2001. Referred to
Committee on .
Describing worker
rights under industrial insurance.
AN ACT Relating to
worker rights under industrial insurance; amending RCW 51.28.010 and 51.28.020;
creating a new section; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 51.28.010 and 1977
ex.s. c 350 s 32 are each amended to read as follows:
(1) Whenever any
accident occurs to any worker it shall be the duty of such worker or someone in
his or her behalf to forthwith report such accident to his or her employer,
superintendent, or ((foreman or forewoman)) supervisor in
charge of the work, and of the employer to at once report such accident and the
injury resulting therefrom to the department pursuant to RCW 51.28.025((, as
now or hereafter amended,)) where the worker has received treatment from a
physician, has been hospitalized, disabled from work, or has died as the apparent
result of such accident and injury.
(2) Upon receipt
of such notice of accident, the department shall immediately forward to the
worker or his or her beneficiaries or dependents notification, in nontechnical
language, of their rights under this title. The notice must specify the
worker's right to receive health services from a physician of the worker's
choice under RCW 51.36.010, including chiropractic services under RCW
51.36.015, and must list the types of providers authorized to provide these
services.
Sec. 2. RCW 51.28.020 and 1984 c
159 s 3 are each amended to read as follows:
(1)(a) Where a
worker is entitled to compensation under this title he or she shall file with
the department or his or her ((self-insuring)) self-insured
employer, as the case may be, his or her application for such, together with
the certificate of the physician who attended him or her((, and it shall be
the duty of)). An application form developed by the department shall
include a notice specifying the worker's right to receive health services from
a physician of the worker's choice under RCW 51.36.010, including chiropractic
services under RCW 51.36.015, and listing the types of providers authorized to
provide these services.
(b) The
physician ((to)) who attended the injured worker shall inform the
injured worker of his or her rights under this title and ((to)) lend all
necessary assistance in making this application for compensation and such proof
of other matters as required by the rules of the department without charge to
the worker. The department shall provide physicians with a manual which
outlines the procedures to be followed in applications for compensation
involving occupational diseases, and which describes claimants' rights and
responsibilities related to occupational disease claims.
(2) If
application for compensation is made to a ((self-insuring)) self-insured
employer, he or she shall forthwith send a copy ((thereof)) of the
application to the department.
NEW SECTION. Sec.
3. By January 1, 2002, the
department of labor and industries must develop the forms required under
sections 1 and 2 of this act, and these forms must be in use by the department
and self insured employers by July 1, 2002.
NEW
SECTION. Sec. 4. This act takes effect
January 1, 2002.
