BILL REQ. #:  S-0070.3 

Read first time 02/01/2005.   Referred to Committee on Labor, Commerce, Research & Development.

     AN ACT Relating to worker accidents reports; amending RCW 51.28.010, 51.28.010, 51.28.020, 51.28.020, 51.28.025, and 51.28.025; providing an effective date; and providing an expiration date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 51.28.010 and 2004 c 65 s 3 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 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 where the worker has received treatment from a physician or a licensed advanced registered nurse practitioner, 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 or a licensed advanced registered nurse practitioner 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.
     (3) The director may impose a fine of up to fifty dollars on a worker who fails to report an accident under subsection (1) of this section. Fines collected under this subsection must be deposited into the supplemental pension fund.

Sec. 2   RCW 51.28.010 and 2001 c 231 s 1 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 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 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.
     (3) The director may impose a fine of up to fifty dollars on a worker who fails to report an accident under subsection (1) of this section. Fines collected under this subsection must be deposited into the supplemental pension fund.

Sec. 3   RCW 51.28.020 and 2004 c 65 s 4 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-insured employer, as the case may be, his or her application for such, together with the certificate of the physician or licensed advanced registered nurse practitioner who attended him or her. An application form developed by the department shall include a notice specifying the worker's right to receive health services from a physician or licensed advanced registered nurse practitioner 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 or licensed advanced registered nurse practitioner who attended the injured worker shall inform the injured worker of his or her rights under this title and 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.
     (c) The worker must inform the physician or licensed advanced registered nurse practitioner of his or her employer.
     (d) As part of the process of informing the injured worker of his or her rights, the physician must inform the injured worker that he or she must report the accident to the employer. The physician will make a reasonable attempt to contact the employer and notify the worker that the claim may be delayed if the employer is not notified.
     (2) If application for compensation is made to a self-insured employer, he or she shall forthwith send a copy of the application to the department.

Sec. 4   RCW 51.28.020 and 2001 c 231 s 2 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-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. 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 who attended the injured worker shall inform the injured worker of his or her rights under this title and 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.
     (c) The worker must inform the physician or licensed advanced registered nurse practitioner of his or her employer.
     (d) As part of the process of informing the injured worker of his or her rights, the physician must inform the injured worker that he or she must report the accident to the employer. The physician will make a reasonable attempt to contact the employer and notify the worker that the claim may be delayed if the employer is not notified.
     (2) If application for compensation is made to a self-insured employer, he or she shall forthwith send a copy of the application to the department.

Sec. 5   RCW 51.28.025 and 2004 c 65 s 5 are each amended to read as follows:
     (1) Whenever an employer has notice or knowledge of an injury or occupational disease sustained by any worker in his or her employment who has received treatment from a physician or a licensed advanced registered nurse practitioner, has been hospitalized, disabled from work or has died as the apparent result of such injury or occupational disease, the employer shall immediately report the same to the department on forms prescribed by it. The report shall include:
     (a) The name, address, and business of the employer;
     (b) The name, address, and occupation of the worker;
     (c) The date, time, cause, and nature of the injury or occupational disease;
     (d) Whether the injury or occupational disease arose in the course of the injured worker's employment;
     (e) All available information pertaining to the nature of the injury or occupational disease including but not limited to any visible signs, any complaints of the worker, any time lost from work, and the observable effect on the worker's bodily functions, so far as is known; and
     (f) Such other pertinent information as the department may prescribe by regulation.
     (2) Failure or refusal to file the report required by subsection (1) shall subject the offending employer to a penalty determined by the director but not to exceed two hundred fifty dollars for each offense, to be collected in a civil action in the name of the department and paid into the supplemental pension fund.
     (3) The department will not make a determination on the validity of a state fund claim until the worker, employer, and treatment provider have had a reasonable opportunity to submit a completed accident report.

Sec. 6   RCW 51.28.025 and 1987 c 185 s 32 are each amended to read as follows:
     (1) Whenever an employer has notice or knowledge of an injury or occupational disease sustained by any worker in his or her employment who has received treatment from a physician, has been hospitalized, disabled from work or has died as the apparent result of such injury or occupational disease, the employer shall immediately report the same to the department on forms prescribed by it. The report shall include:
     (a) The name, address, and business of the employer;
     (b) The name, address, and occupation of the worker;
     (c) The date, time, cause, and nature of the injury or occupational disease;
     (d) Whether the injury or occupational disease arose in the course of the injured worker's employment;
     (e) All available information pertaining to the nature of the injury or occupational disease including but not limited to any visible signs, any complaints of the worker, any time lost from work, and the observable effect on the worker's bodily functions, so far as is known; and
     (f) Such other pertinent information as the department may prescribe by regulation.
     (2) Failure or refusal to file the report required by subsection (1) shall subject the offending employer to a penalty determined by the director but not to exceed two hundred fifty dollars for each offense, to be collected in a civil action in the name of the department and paid into the supplemental pension fund.
     (3) The department will not make a determination on the validity of a state fund claim until the worker, employer, and treatment provider have had a reasonable opportunity to submit a completed accident report.

NEW SECTION.  Sec. 7   Sections 1, 3, and 5 of this act expire June 30, 2007.

NEW SECTION.  Sec. 8   Sections 2, 4, and 6 of this act take effect June 30, 2007.