| Momentum Bucket | Building Momentum |
| Legal Title | AN ACT Relating to workers' compensation benefits; |
| Bill Description | Concerning workers' compensation benefits. |
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What this bill does
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This bill amends existing law (RCW 51.32.060) to change how monthly pension benefits are calculated for workers the supervisor of industrial insurance determines to be permanently totally disabled. For claims with a date of injury or disease manifestation on or after July 1, 2026, the worker will receive 100% of any employer payment or contribution for health care benefits unless the employer continues those payments at the same level as at the time of injury, and will receive a specified percentage of wages (excluding employer health care contributions) based on marital status and number of children. The act preserves a separate benefit schedule for earlier claims, caps monthly payments relative to the state average monthly wage as computed under RCW 51.08.018, includes a minimum-benefit calculation for injuries after July 1, 2008, provides that only the higher-wage spouse may claim children for compensation if both spouses are eligible, requires the department to pay attendants while attendant care is required (with exceptions where the worker is receiving care under chapter 51.36 RCW and RCW 51.04.105), and provides that a subsequent accident resulting in permanent total disability yields the pension the worker would otherwise be entitled to despite prior lump-sum payments. Benefits under the section remain subject to modification under RCW 51.32.067.
The act applies to claims with injury or disease manifestation dates on or after July 1, 2026 and takes effect July 1, 2026. The text references other RCW provisions for implementation but does not name or define "the department" or "supervisor of industrial insurance" within the provided material. A portion of the benefit cap schedule appears garbled ("AFTERPERCENTAGE" and a brief historical table) and may omit additional context or later dates; detailed administrative procedures and cross-references to the cited RCW sections are not included in the extracted text.
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Why it matters
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If enacted, workers who are found permanently totally disabled from injuries or diseases with dates on or after July 1, 2026 will have their monthly pension changed so it includes the employer’s health‑care payment or contribution (the worker receives 100% of that amount unless the employer keeps paying at the same level) and the rest of the pension is paid as a percentage of the worker’s wages that varies by marital status and number of children. The state agency that determines permanent total disability must also make ongoing monthly payments to a required attendant while that need continues (except when the worker is getting care under the specified other statutes), and a later accident that causes permanent total disability does not disqualify a worker from the pension even if a prior lump sum was paid. Payments remain subject to caps and minimums tied to the state average monthly wage and can be modified under existing law.
The people most affected are permanently totally disabled workers (who will likely see different funding mixes and possibly larger or differently structured monthly payments), employers (who face changed incentives around continuing health‑care contributions since stopping them shifts that value into statutory benefits), and the administering agency/supervisor (which will have to apply the new calculations and make attendant payments). The bill text provided omits the exact percentage schedule, full definitions of the agency terms, and some implementation details, so specifics about benefit amounts and administrative procedures are unclear.
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| Official Documents | View Full Bill Text |
| Hearing | House Labor & Workplace Standards (Public) |
| Hearing | House Labor & Workplace Standards (Executive) |