Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Labor Committee

HB 1253

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Addressing worker reporting of workplace injuries for purposes of industrial insurance.

Sponsors: Representatives Manweller, G. Hunt and Buys.

Brief Summary of Bill

  • Requires workers to report workplace injuries within 60 days of the date of injury or before the worker applies for benefits, whichever comes first, for an application for benefits to be valid.

Hearing Date: 1/27/15

Staff: Joan Elgee (786-7106).

Background:

When a workplace accident occurs, the worker or someone on the worker's behalf must "forthwith" report the accident to the employer. The employer must report the accident and the injury at once to the Department of Labor and Industries when the worker has received certain treatment, has become disabled, or died.

An industrial insurance claim for an injury generally must be filed within one year after the day the injury occurred. The worker or the physician may file the application.

Summary of Bill:

An injured worker must report an accident "immediately" to the employer. The report must be in writing, signed by the worker, and submitted to the employer within 60 days of the injury or before the worker files an application for benefits, whichever comes first. If the worker is unable to notify the employer in writing due to the injury, someone on the worker's behalf may do so. If the worker or someone on his or her behalf does not notify the worker as required, the application for benefits is not valid and the claim unenforceable.

Appropriation: None.

Fiscal Note: Requested on January 20, 2015.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.