BILL REQ. #:  S-0786.2 

Read first time 01/16/2007.   Referred to Committee on Labor, Commerce, Research & Development.

     AN ACT Relating to making a claim for worker's compensation; amending RCW 51.28.020; and providing an effective date.

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

Sec. 1   RCW 51.28.020 and 2005 c 108 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-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 worker's employer or the physician who attended the injured worker, as the case may be, 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 and employers 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 the application required by this section is:
     (a) Filed on behalf of the worker by the employer or physician who attended the worker, the employer or physician may transmit the application to the department electronically using facsimile mail;
     (b) Filed on behalf of the worker by the physician who attended the worker, the worker shall give his or her employer notice of the claim within ten days of the worker's visit to the physician;
     (c) Made to the department ((and)), the worker shall give his or her employer notice of the claim within ten days of the filing. If the employer has not received a copy of the application, the department shall immediately send a copy of the application to the employer; or
     (((c))) (d) Made to ((a self-insured)) an employer, the employer shall forthwith send a copy of the application to the department.
     (3) The department shall develop forms to assist the worker in expediently notifying his or her employer of a claim.

NEW SECTION.  Sec. 2   This act takes effect January 1, 2009.