H-2028.1  _______________________________________________

                          HOUSE BILL 2135

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State of Washington      55th Legislature     1997 Regular Session

By Representatives Benson, McMorris and Anderson

Read first time 02/21/97.  Referred to Committee on Commerce & Labor.

Requiring that industrial insurance accidents be reported within ninety days.

    AN ACT Relating to industrial insurance accidents; and amending RCW 51.28.010 and 51.28.050.

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)) is the duty of ((such)) the worker or someone in his or her behalf to ((forthwith)) report ((such)) the accident to his or her employer, superintendent, or foreman or forewoman in charge of the work((, and)) within ninety days of the date of the accident.

(2) When an employer receives notice of an accident as required under subsection (1) of this section, it is the duty 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.

(3) Upon receipt of ((such)) the notice of accident required under RCW 51.28.025, 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.

    Sec. 2.  RCW 51.28.050 and 1984 c 159 s 1 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section and in RCW 51.28.055, no application shall be valid or claim thereunder enforceable unless filed within one year after the day upon which the injury occurred or the rights of dependents or beneficiaries accrued((, except as provided in RCW 51.28.055)).

(2) Except as provided in RCW 51.28.055, beginning with claims for injuries occurring on or after the effective date of this section, an application for a claim is not valid or the claim thereunder enforceable unless the accident from which the claim arose has been reported as required under RCW 51.28.010(1) and the application is filed within one year after the day upon which the injury occurred or the rights of dependents or beneficiaries accrued.

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