Workers' Compensation—General. A worker who is injured in the course of employment or injured or disabled from an occupational disease is entitled to workers compensation benefits under the Industrial Insurance Act (Act). Benefits may include medical, temporary time-loss, vocational rehabilitation benefits, and permanent disabilities benefits. The Department of Labor and Industries (L&I) administers the workers' compensation system.
For claims with a date of injury or disease manifestation on or after July, 1, 2026, when the L&I determines there is a permanent or temporary total disability from a workers' compensation injury, a worker receives monthly payments during the period of the disability, as follows:
Worker's Status | Percentage of the Worker's Wages |
Unmarried with no children | 60% |
Unmarried with 1 child or married with no children | 65% |
Unmarried with 2 children or married with 1 child | 67% |
Unmarried with 3 children or married with 2 children | 69% |
Unmarried with 4 children or married with 3 children | 71% |
Unmarried with 5 children or married with 4 children | 73% |
Unmarried with 6 or more children or married with 5 or more children | 75% |
A married worker receives an additional $10 per month when the worker is receiving the minimum monthly payments for a permanent or temporary total disability.
Wages includes the employer's payment or contributions, or appropriate portions thereof, for health care benefits unless the employer continues ongoing and current payment or contributions for these benefits at the same level as provided at the time of injury.
If an injured worker or the injured worker’s surviving spouse does not have legal custody of a child for whom payments are required to be made, the payments must be made to the legal custodian, or custodians, of the child for the periods of time after L&I has been notified of the fact of the legal custody. The payments to be made to the legal custodian, or custodians, of a worker's child will be 2 percent of the worker's wages. The payment to the worker or the worker’s surviving spouse will be reduced by the amount of the payments to be made to the legal custodian, or custodians, of a worker's children.
Child means every natural born child, posthumous child, stepchild, child legally adopted prior to the injury, child born after the injury where conception occurred prior to the injury, and dependent child in the legal custody and control of the worker, all while under the age of 18 years, or under the age of 23 years while permanently enrolled at a full time course in an accredited school, and over the age of 18 years if the child is a dependent as a result of a disability.
The percentage of health care benefits included in an injured worker's monthly benefit for workers' compensation is modified. The worker will receive 100 percent of the employer's payment or contribution for health care benefits, unless the employer continues payment or contributions for these benefits. This is instead of current law requiring payment of 60 to 75 percent of the health care benefits, depending on the worker’s marital status and number of children.