| Momentum Bucket | Early Stage |
| Legal Title | AN ACT Relating to industrial insurance coverage for posttraumatic stress disorders affecting correctional facility workers; |
| Bill Description | Concerning industrial insurance coverage for posttraumatic stress disorders affecting correctional facility workers. |
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What this bill does
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This bill amends RCW 51.08.142 to require the unspecified department to adopt a rule stating that mental conditions or mental disabilities caused by stress are not included in the statutory definition of occupational disease, except for specified exceptions. It also adds a new section to chapter 51.32 RCW creating a prima facie (rebuttable) presumption that posttraumatic stress disorder (PTSD) is an occupational disease for correctional facility workers who were employed on a fully compensated basis in Washington for at least 90 consecutive days. The presumption may be rebutted by a preponderance of the evidence, continues for three calendar months for each year employed (capped at 60 months after last employment), and, when a final decision on appeal allows the claim, requires the losing party to pay reasonable appeal costs (including attorneys’ and witness fees); in state fund cases those costs are paid from the accident fund and charged to the claim. The act takes effect January 1, 2026.
The measure preserves specified exceptions and limitations: it exempts certain PTSD claims for firefighters, law enforcement officers, public safety telecommunicators, direct care registered nurses, and correctional facility workers only under the listed conditions (including that PTSD must develop after at least 90 consecutive days of fully compensated employment for direct care nurses and correctional facility workers); it excludes PTSD directly attributed to disciplinary actions, job transfers, layoffs, demotions, terminations, or similar employer actions taken in good faith; and it conditions some exceptions on a preemployment psychological exam that ruled out PTSD for employees hired after particular dates. The bill defines "public safety telecommunicators" and enumerates categories included in the definition of "correctional facility worker" by reference to several RCW sections. The text provided does not name the department required to adopt the rule, does not specify the new section number added to chapter 51.32 RCW, does not reproduce the full preexisting statute language being amended, and contains some apparent typographical or cross-reference errors.
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Why it matters
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If enacted, the law will generally remove coverage for mental conditions caused by routine stress but keep specific paths for PTSD to be treated as work-related for certain public safety and health workers. Correctional facility workers who have worked at least 90 straight days fully paid in Washington would likely find PTSD easier to establish as an occupational disease because the bill creates a rebuttable presumption that their PTSD is job-related and extends limited coverage for months after leaving employment; firefighters, certain law enforcement officers, and public safety telecommunicators face tighter limits unless they had preemployment psychological exams that cleared them of PTSD. The act takes effect January 1, 2026.
The main people affected are correctional facility workers, direct care registered nurses, public safety telecommunicators, firefighters and the specified law enforcement officers, plus their employers and the state accident fund. Employers may see reduced exposure for ordinary stress claims but could face more or costlier PTSD claims for covered roles and may need to have provided preemployment psychological exams to preserve limits; when a claimant wins on appeal, the losing party must pay appeal costs and, for state fund claims, those costs come out of the accident fund and are charged to the claim. The text leaves unclear which specific state department must adopt the new rule and contains some cross-reference and formatting gaps that make certain implementation details uncertain.
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| Official Documents | View Full Bill Text |
| Date Introduced | 01/31/2025 |
| Originating Chamber | House |
| Biennium | 2025-26 |
| Total Campaign Dollars Backing Bill | $10,663,029.00 |
| CORRECTIONAL FACILITIES AND JAILS |
| Hearing | House Labor & Workplace Standards (Public) |
| Hearing | House Labor & Workplace Standards (Executive) |
| Hearing | House Appropriations (Public) |