| Momentum Bucket | Early Stage |
| 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 workers' compensation law (RCW 51.32.010 and RCW 51.32.060) to change how permanent total disability (PTD) benefits and certain child-related payments are made. It adds a requirement that when an injured worker or surviving spouse does not have legal custody of a worker's child, the department will pay the person(s) with legal custody after being notified; for claims with a date of injury or disease manifestation on or after July 1, 2026, that custodial payment is set at two percent of the worker's wages and the worker's or surviving spouse's benefit is reduced by the amount paid to the child's custodian(s). The bill also creates a new section that makes these changes apply to claims with dates of injury or disease manifestation on or after July 1, 2026, and sets the act's effective date as July 1, 2026.
The bill replaces the PTD benefit schedule for claims on or after July 1, 2026 with new monthly benefit percentages that vary by marital status and number of children, while retaining the existing schedule for older claims (on or before June 30, 2026). It clarifies that if both spouses are entitled to disability compensation only the spouse with higher wages may claim the child(ren) for compensation purposes, requires monthly attendant payments when PTD renders a worker physically helpless except when the worker is receiving care under specified other statutes, clarifies that a subsequent accident causing PTD does not bar pension entitlement even if a prior lump-sum payment was made, establishes maximum and minimum monthly payment limits tied to the state average monthly wage and other formulas, excludes new or reopened claims for workers the supervisor determines are voluntarily retired and no longer attached to the workforce, and makes the benefits subject to modification under RCW 51.32.067.
The text uses terms such as "the department," "supervisor of industrial insurance," and "person(s) having legal custody" without defining them in this extract. The bill references other statutes (chapter 51.36 RCW; RCW 51.04.105; RCW 51.08.018; RCW 51.08.178; RCW 51.32.067) and shows amendment formatting; administrative details (for example, how the two percent of wages is calculated) and the full text of those referenced provisions are not included here, so a complete understanding requires review of those sections.
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Why it matters
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If enacted, the bill changes how long‑term disability benefits are paid for workplace injuries or diseases with injury dates on or after July 1, 2026: children’s legal custodians can receive 2% of the worker’s wages for their care when the worker or surviving spouse lacks custody, and that amount reduces the benefit paid to the worker or surviving spouse. Monthly permanent total disability payments will be set by a new schedule that varies with marital status and number of children, includes guaranteed attendant pay when a worker is physically helpless, and keeps separate rules for older claims and specific caps and minimums tied to the state average wage. Claims reopened or started after a supervisor finds a worker is voluntarily retired and not attached to the workforce are not eligible under this section.
The people most affected are injured workers and surviving spouses (who may see their monthly benefit reduced if custodians are paid), persons with legal custody of the worker’s children (who can receive the 2% payment but must notify the department of custody changes), attendants (who are entitled to monthly pay in many PTD cases), and the department and the supervisor of industrial insurance (which will need to receive custody notices, make these new payments, and apply the new schedules and caps). Costs and payment responsibilities will shift in practice toward the department/insurer side for additional custodian and attendant disbursements, and employers/insurers may face different payout amounts under the new schedule and caps. The text leaves unclear exactly how the 2% is calculated from wages, which department is the named administrator, and how cross‑referenced statutes will alter implementation.
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| Official Documents | View Full Bill Text |
| Senator Shewmake (Primary) |
| Hearing | Senate Labor & Commerce (Public) |
| Hearing | Senate Labor & Commerce (Executive) |
| Hearing | Senate Ways & Means (Public) |
| Hearing | Senate Ways & Means (Executive) |