Under the Industrial Insurance Act (Worker's Compensation Act), a worker who is injured in the course of employment is entitled to certain benefits.
Worker's Compensation Payment for Total Disability.
A worker who is permanently or temporarily totally disabled—meaning incapacitated from performing any gainful occupation—or a worker's surviving spouse, is entitled to compensatory benefits based on the following percentages of the worker's monthly wages, from all employment, at the time of injury:
Worker's Status: Unmarried | Percentage of Worker's Wages | Worker's Status: Married | Percentage of Worker's Wages |
Unmarried with no children | 60 percent | Married with no children | 65 percent |
Unmarried with one child | 62 percent | Married with one child | 67 percent |
Unmarried with two children | 64 percent | Married with two children | 69 percent |
Unmarried with three children | 66 percent | Married with three children | 71 percent |
Unmarried with four children | 68 percent | Married with four children | 73 percent |
Unmarried with five or more children | 70 percent | Married with five or more children | 75 percent |
Payments to a Person Who Has Legal Custody of an Injured Worker's Child.
If a worker, or a worker's surviving spouse, does not have legal custody of a child who is entitled to compensation under the Worker's Compensation Act, payments are made to the person who has legal custody of the child. A child is entitled to compensation if the child is:
Worker's Compensation Payment for Total Disability.
Workers' compensation claims with a date of injury or disease manifestation on or after July 1, 2026, that result in a determination of permanent or temporary total disability, shall entitle the worker to receive a percentage of the worker's wages. The calculation of the percentage of wages that the worker is entitled to are as follows:
Worker's Status | Percentage of Worker's Wages |
Unmarried with no children | 60 percent |
Unmarried with one child or Married with no children | 65 percent |
Unmarried with two children or Married with one child | 67 percent |
Unmarried with three children or Married with two children | 69 percent |
Unmarried with four children or Married with three children | 71 percent |
Unmarried with five children or Married with four children | 73 percent |
Unmarried with six or or more children or Married with five or more children | 75 percent |
Payments to a Person Who Has Legal Custody of an Injured Worker's Child.
A person who has legal custody of a child who is entitled to compensation under the Worker's Compensation Act is paid an amount equal to 2 percent of the worker's wages. The payment to the injured worker or the worker's surviving spouse is reduced by the amount of the payment made to the person who has legal custody of the child.
Null and Void.
A null and void clause is included if specific funding is not provided for in the omnibus appropriations act by June 30, 2025.
(In support) This protects workers and their families by helping them maintain health care coverage after an injury. Ensuring injured workers can maintain coverage and maintain relationships with current providers is vital to ensuring that these workers recover fully and quickly. Increasing the payment parity between married and unmarried workers is good and equitable. If there are concerns about attorney's fees being charged on the health benefit, there are other methods besides prohibiting fees: fee costs can be shifted by statute.
(Opposed) The worker's compensation program is failing. Washington has the most generous benefits, but 16 percent of cases end in total disability, and that rate is growing. This is bad for workers because it increases worklessness and pension costs. This is a piecemeal approach when what the worker's compensation program really needs is a thorough audit. Giving workers 100 percent of the employer's payment or contribution for health care benefits may be good, but not if attorneys get a significant cut of that amount.
(In support) Substitute House Bill 1788 reduced the fiscal impact significantly. There are workers who are in support of this bill. This bill will bring significant benefit to injured single working parents and their families. The equity consideration in the substitute bill is deeply appreciated. In Washington 25 percent of the worker's compensation is paid by worker's contribution. Employers pay for the 75 percent left, which is a middle level percentage rate among states. Currently, a single working parent receives 3 percent less than one with a spouse. This bill will fix this issue.
(Opposed) Based on the fiscal note for House Bill 1788, this bill will lead to an increase for employers to pay for worker's compensation benefits. Washington has the fourth highest worker's compensation benefits per worker per year. There is no revised fiscal note and not enough research on how to prevent worker injury.
(In support) Representative Adison Richards, prime sponsor; Minna Long, Washington State Building and Construction Trades Council; Chris Ellis, Bricklayers and Allied Craftworkers Local 1; Ray Dumas, OPCMIA Local 528; Joe Kendo, Washington State Labor Council, AFL-CIO; Brenda Wiest, Teamsters 117; and Rachel Hamar, Washington State Association for Justice.
(In support) Minna Long, Washington State Building and Construction Trades Council; Ray Dumas, OPCMIA Local 528; Joe Kendo, Washington State Labor Council, AFL-CIO; and Daniel Goodman, Washington State Association for Justice.