BILL REQ. #:  H-0633.2 

Read first time 01/29/2003.   Referred to Committee on Commerce & Labor.

     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 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)), the worker or someone ((in)) on his or her behalf ((to forthwith)) must report ((such)) the accident to his or her employer, superintendent, or supervisor in charge of the work((, and of)) within the lesser of thirty days after the date of the accident or five days after the date the worker received medical treatment.
     (2) When an employer receives notice of an accident as required under subsection (1) of this section, the employer ((to)) must at once: (a) 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; and (b) provide written acknowledgment of such notice to the worker or his or her beneficiaries or dependents.
     (((2))) (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. 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 51.28.050 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 nor 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.