reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.14 - Self-Insurers. › 51.14.400 - Ombuds—Annual report to governor.

RCW 51.14.400
Ombuds—Annual report to governor.
(1) The ombuds shall provide the governor with an annual report that includes the following:
(a) A description of the issues addressed during the past year and a very brief description of case scenarios in a form that does not compromise confidentiality;
(b) An accounting of the monitoring activities by the ombuds; and
(c) An identification of the deficiencies in the industrial insurance system related to self-insurers, if any, and recommendations for remedial action in policy or practice.
(2) The first annual report shall be due on or before October 1, 2008. Subsequent reports shall be due on or before October 1st.
[ 2013 c 23 § 115; 2007 c 281 § 12.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.16 - Assessment and Collection of Premiums—Payrolls and Records. › 51.16.035 - Classifications—Premiums—Rules—Workers' compensation advisory committee recommendations.

RCW 51.16.035
Classifications—Premiums—Rules—Workers' compensation advisory committee recommendations.
(1) The department shall classify all occupations or industries in accordance with their degree of hazard and fix therefor basic rates of premium which shall be:
(a) The lowest necessary to maintain actuarial solvency of the accident and medical aid funds in accordance with recognized insurance principles; and
(b) Designed to attempt to limit fluctuations in premium rates.
(2) The department shall formulate and adopt rules governing the method of premium calculation and collection and providing for a rating system consistent with recognized principles of workers' compensation insurance which shall be designed to stimulate and encourage accident prevention and to facilitate collection. The department may annually, or at such other times as it deems necessary to achieve the objectives under this section, readjust rates in accordance with the rating system to become effective on such dates as the department may designate.
(3)(a) After the first report is issued by the state auditor under RCW 51.44.115, the workers' compensation advisory committee shall review the report and, as the committee deems appropriate, may make recommendations to the department concerning:
(i) The level or levels of a contingency reserve that are appropriate to maintain actuarial solvency of the accident and medical aid funds, limit premium rate fluctuations, and account for economic conditions; and
(ii) When surplus funds exist in the trust funds, the circumstances under which the department should give premium dividends, or similar measures, or temporarily reduce rates below the rates fixed under subsection (1) of this section, including any recommendations regarding notifications that should be given before taking the action.
(b) Following subsequent reports issued by the state auditor under RCW 51.44.115, the workers' compensation advisory committee may, as it deems appropriate, update its recommendations to the department on the matters covered under (a) of this subsection.
(4) In providing a retrospective rating plan under RCW 51.18.010, the department may consider each individual retrospective rating group as a single employing entity for purposes of dividends or premium discounts.
[ 2005 c 410 § 1; 1999 c 7 § 8; 1989 c 49 § 1; 1980 c 129 § 4; 1977 ex.s. c 350 § 24; 1971 ex.s. c 289 § 16.]
NOTES:
Applicability—2005 c 410 § 1: "Section 1 of this act applies to industrial insurance rates adopted by the department of labor and industries that take effect on or after January 1, 2008." [ 2005 c 410 § 2.]
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.16 - Assessment and Collection of Premiums—Payrolls and Records. › 51.16.040 - Occupational diseases.

RCW 51.16.040
Occupational diseases.
The compensation and benefits provided for occupational diseases shall be paid and in the same manner as compensation and benefits for injuries under this title.
[ 1971 ex.s. c 289 § 83; 1961 c 23 § 51.16.040. Prior: 1959 c 308 § 12; 1941 c 235 § 2; Rem. Supp. 1941 7679-1.]
NOTES:
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.16 - Assessment and Collection of Premiums—Payrolls and Records. › 51.16.042 - Occupational and environmental research facility.

RCW 51.16.042
Occupational and environmental research facility.
Inasmuch as business, industry and labor desire to provide for testing, research, training and teaching facilities and consulting services at the University of Washington for industrial and occupational health for workers in the environmental research facility thereat, all employers shall bear their proportionate share of the cost therefor. The director may require payments to the department from all employers under this title and may make rules and regulations in connection therewith, which costs shall be paid from the department, in lieu of the previous provisions of RCW 28B.20.458.
[ 1977 ex.s. c 350 § 25; 1971 ex.s. c 289 § 84; 1963 c 151 § 2.]
NOTES:
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.
Occupational and environmental research facility at University of Washington: RCW 28B.20.450 through 28B.20.458.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.16 - Assessment and Collection of Premiums—Payrolls and Records. › 51.16.070 - Employer's records—Unified business identifier—Confidentiality.

RCW 51.16.070
Employer's records—Unified business identifier—Confidentiality.
(1)(a) Every employer shall keep at his or her place of business a record of his or her employment from which the information needed by the department may be obtained and such record shall at all times be open to the inspection of the director, supervisor of industrial insurance, or the traveling auditors, agents, or assistants of the department, as provided in RCW 51.48.040.
(b) An employer who contracts with another person or entity for work subject to chapter 18.27, 18.106, or 19.28 RCW shall obtain and preserve a record of the unified business identifier account number for and the compensation paid to the person or entity performing the work. Failure to obtain or maintain the record is subject to RCW 39.06.010 and to a penalty under RCW 51.48.030.
(2) Information obtained from employing unit records under the provisions of this title shall be deemed confidential and shall not be open to public inspection (other than to public employees in the performance of their official duties), but any interested party shall be supplied with information from such records to the extent necessary for the proper presentation of the case in question: PROVIDED, That any employing unit may authorize inspection of its records by written consent.
[ 2023 c 88 § 12; 2008 c 120 § 5; 1997 c 54 § 3; 1961 c 23 § 51.16.070. Prior: 1957 c 70 § 48; prior: 1947 c 247 § 1, part; Rem. Supp. 1947 § 7676c, part.]
NOTES:
Conflict with federal requirements—Severability—2008 c 120: See notes following RCW 18.27.030.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.16 - Assessment and Collection of Premiums—Payrolls and Records. › 51.16.090 - Continuity of cost experience.

RCW 51.16.090
Continuity of cost experience.
To the end that no employer shall evade the burdens imposed by an unfavorable or high cost experience, the director may determine whether or not an increase, decrease, or change (1) of operating property; (2) of interest in operating property; (3) of employer; (4) of personnel or interest in employer is sufficient to show a bona fide change which would make inoperative any high cost experience: PROVIDED, That where an employer is now or has prior to January 1, 1958, been covered under the provisions of this title for a period of at least two years and subsequent thereto the legal structure of the employer changes by way of incorporation, disincorporation, merger, consolidation, transfer of stock ownership, or by any other means, such person or entity as legally reconstituted shall be entitled to a continuation of the experience rating which existed prior to such change in the employer's legal structure unless there has been such a substantial change as provided in subdivisions (1), (2), (3) or (4) of this section as would warrant making inoperative any high cost experience.
[ 1961 c 23 § 51.16.090. Prior: 1959 c 179 § 1; 1957 c 70 § 49; prior: 1947 c 247 § 1, part; Rem. Supp. 1947 § 7676c, part.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.16 - Assessment and Collection of Premiums—Payrolls and Records. › 51.16.100 - Classification changes.

RCW 51.16.100
Classification changes.
It is the intent that the accident fund shall ultimately become neither more nor less than self-supporting, except as provided in RCW 51.16.105 and, if in the adjustment of premium rates by the director the moneys paid into the fund by any class or classes shall be insufficient to properly and safely distribute the burden of accidents occurring therein, the department may divide, rearrange, or consolidate such class or classes, making such adjustment or transfer of funds as it may deem proper. The director shall make corrections of classifications or subclassifications or changes in rates, classes and subclasses when the best interest of such classes or subclasses will be served thereby.
[ 1961 c 23 § 51.16.100. Prior: 1953 c 218 § 1; prior: (i) 1947 c 247 § 1, part; Rem. Supp. 1947 § 7676d, part. (ii) 1947 c 247 § 1, part; Rem. Supp. 1947 § 7676e, part.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.16 - Assessment and Collection of Premiums—Payrolls and Records. › 51.16.105 - Departmental expenses, financing, accounting.

RCW 51.16.105
Departmental expenses, financing, accounting.
(1) All department expenses relating to industrial safety and health services of the department pertaining to workers' compensation shall be paid by the department and financed by premiums and by assessments collected from a self-insurer as provided in this title.
(2) The department shall include in all rate notices sent to state fund and self-insured employers an accounting that clearly identifies all programs and services that are financed in whole or in part by state fund premiums or self-insurers' administrative assessments.
[ 2011 c 175 § 1; 1994 c 164 § 26; 1977 ex.s. c 350 § 27; 1973 1st ex.s. c 52 § 8; 1971 ex.s. c 289 § 86; 1961 c 23 § 51.16.105. Prior: 1953 c 218 § 2.]
NOTES:
Effective date—1973 1st ex.s. c 52: See note following RCW 43.22.010.
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.16 - Assessment and Collection of Premiums—Payrolls and Records. › 51.16.107 - Information and training on premium liability.

RCW 51.16.107
Information and training on premium liability.
The department shall, working with business associations and other employer and employee groups when practical, publish information and provide training to promote understanding of the premium liability that may be incurred under this chapter.
[ 2004 c 243 § 4.]
NOTES:
Adoption of rules—2004 c 243: See note following RCW 51.08.177.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.16 - Assessment and Collection of Premiums—Payrolls and Records. › 51.16.110 - New businesses or resumed or continued operations.

RCW 51.16.110
New businesses or resumed or continued operations.
Every employer who shall enter into any business, or who shall resume operations in any work or plant after the final adjustment of his or her payroll in connection therewith, or who was formerly a self-insurer and wishes to continue his or her operations subject to this title, shall, before so commencing or resuming or continuing operations, as the case may be, notify the department of such fact.
[ 1991 c 88 § 4; 1977 ex.s. c 323 § 12; 1971 ex.s. c 289 § 4; 1961 c 23 § 51.16.110. Prior: 1959 c 179 § 2; 1959 c 308 § 15; prior: 1957 c 70 § 50; 1951 c 236 § 4; 1947 c 247 § 1, part; Rem. Supp. 1947 § 7676c, part.]
NOTES:
Severability—Effective date—1977 ex.s. c 323: See notes following 51.04.040.
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.16 - Assessment and Collection of Premiums—Payrolls and Records. › 51.16.130 - Distribution of catastrophe cost.

RCW 51.16.130
Distribution of catastrophe cost.
Whenever there shall occur an accident in which three or more employees of an employer insured with the state fund are fatally injured or sustain permanent total disability, the amount of total cost other than medical aid costs arising out of such accident that shall be charged to the account of the employer, shall be twice the average cost of the pension claims arising out of such accident. The entire cost of such accident, exclusive of medical aid costs, shall be charged against and defrayed by the catastrophe injury account.
[ 1972 ex.s. c 43 § 14; 1961 c 23 § 51.16.130. Prior: 1957 c 70 § 22; prior: 1947 c 247 § 1, part; 1911 c 74 § 4, part; Rem. Supp. 1947 § 7676f, part.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.16 - Assessment and Collection of Premiums—Payrolls and Records. › 51.16.140 - Premium liability of worker.

RCW 51.16.140
Premium liability of worker.
(1) Every employer who is not a self-insurer shall deduct from the pay of each of his or her workers one-half of the amount he or she is required to pay, for medical benefits within each risk classification. Such amount shall be periodically determined by the director and reported by him or her to all employers under this title: PROVIDED, That the state governmental unit shall pay the entire amount into the medical aid fund for volunteers, as defined in RCW 51.12.035, and the state apprenticeship council shall pay the entire amount into the medical aid fund for registered apprentices or trainees, for the purposes of RCW 51.12.130. The deduction under this section is not authorized for premiums assessed under RCW 51.16.210.
(2) It shall be unlawful for the employer, unless specifically authorized by this title, to deduct or obtain any part of the premium or other costs required to be by him or her paid from the wages or earnings of any of his or her workers, and the making of or attempt to make any such deduction shall be a gross misdemeanor.
[ 1989 c 385 § 3; 1977 ex.s. c 350 § 29; 1973 c 110 § 2; 1971 ex.s. c 289 § 77; 1971 c 20 § 2; 1961 c 23 § 51.16.140. Prior: (i) 1923 c 136 § 8, part; 1919 c 129 § 1, part; 1917 c 28 § 4, part; RRS § 7713, part. (ii) 1947 c 247 § 1, part; Rem. Supp. 1947 § 7676e, part.]
NOTES:
Effective date—Severability—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.16 - Assessment and Collection of Premiums—Payrolls and Records. › 51.16.150 - Delinquent employers—Penalty after demand—Injunctive relief.

RCW 51.16.150
Delinquent employers—Penalty after demand—Injunctive relief.
If any employer shall default in any payment to any fund, the sum due may be collected by action at law in the name of the state as plaintiff, and such right of action shall be in addition to any other right of action or remedy. If such default occurs after demand, the director may require from the defaulting employer a bond to the state for the benefit of any fund, with surety to the director's satisfaction, in the penalty of double the amount of the estimated payments which will be required from such employer into the said funds for and during the ensuing one year, together with any penalty or penalties incurred. In case of refusal or failure after written demand personally served to furnish such bond, the state shall be entitled to an injunction restraining the delinquent from prosecuting an occupation or work until such bond is furnished, and until all delinquent premiums, penalties, interest, and costs are paid, conditioned for the prompt and punctual making of all payments into said funds during such periods, and any sale, transfer, or lease attempted to be made by such delinquent during the period of any of the defaults herein mentioned, of his or her works, plant, or lease thereto, shall be invalid until all past delinquencies are made good, and such bond furnished.
[ 2010 c 8 § 14006; 1986 c 9 § 4; 1985 c 315 § 2; 1972 ex.s. c 43 § 15; 1961 c 23 § 51.16.150. Prior: 1959 c 308 § 22; prior: 1929 c 132 § 4, part; 1923 c 136 § 3, part; 1917 c 120 § 5, part; 1917 c 28 § 2, part; 1915 c 188 § 3, part; 1911 c 74 § 8, part; RRS § 7682, part.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.16 - Assessment and Collection of Premiums—Payrolls and Records. › 51.16.155 - Failure or refusal of employer to report or pay premiums due—Collection.

RCW 51.16.155
Failure or refusal of employer to report or pay premiums due—Collection.
In every case where an employer insured with the state fails or refuses to file any report of payroll required by the department and fails or refuses to pay the premiums due on such unreported payroll, the department shall have authority to estimate such payroll and the premiums due thereon and collect premiums on the basis of such estimate.
If the report required and the premiums due thereon are not made within ten days from the mailing of such demand by the department, which shall include the amount of premiums estimated by the department, the employer shall be in default as provided by this title and the department may have and recover judgment, warrant, or file liens for such estimated premium or the actual premium, whichever is greater.
The director or the director's designee may compromise the amount of premiums estimated by the department, whether reduced to judgment or otherwise, arising under this title if collection of the premiums estimated by the department would be against equity and good conscience.
[ 1996 c 60 § 1; 1985 c 315 § 3; 1971 ex.s. c 289 § 87.]
NOTES:
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.16 - Assessment and Collection of Premiums—Payrolls and Records. › 51.16.160 - Lien for payments due—Priority—Probate, insolvency, etc.

RCW 51.16.160
Lien for payments due—Priority—Probate, insolvency, etc.
In all cases of probate, insolvency, assignment for the benefit of creditors, or bankruptcy, the claim of the state for the payments due shall be a lien prior to all other liens or claims and on a parity with prior tax liens and the mere existence of such cases or conditions shall be sufficient to create such lien without any prior or subsequent action by the state, and all administrators, receivers, or assignees for the benefit of creditors shall notify the department of such administration, receivership, or assignment within thirty days from date of their appointment and qualification. In any action or proceeding brought for the recovery of payments due upon the payroll of an employer, the certificate of the department that an audit has been made of the payroll of such employer pursuant to the direction of the department and the amount of such payroll for the period stated in the certificate shall be prima facie evidence of such fact.
[ 1985 c 315 § 4; 1971 ex.s. c 289 § 78; 1961 c 23 § 51.16.160. Prior: 1959 c 308 § 23; prior: 1929 c 132 § 4, part; 1923 c 136 § 3, part; 1917 c 120 § 5, part; 1917 c 28 § 2, part; 1915 c 188 § 3, part; 1911 c 74 § 8, part; RRS § 7682, part.]
NOTES:
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.16 - Assessment and Collection of Premiums—Payrolls and Records. › 51.16.170 - Lien for premiums, assessments, contributions, and penalties—Priority—In general—Notice.

RCW 51.16.170
Lien for premiums, assessments, contributions, and penalties—Priority—In general—Notice.
Separate and apart from and in addition to the foregoing provisions in this chapter, the claims of the state for payments and penalties due under this title shall be a lien prior to all other liens or claims and on a parity with prior tax liens not only against the interest of any employer, in real estate, plant, works, equipment, and buildings improved, operated, or constructed by any employer, and also upon any products or articles manufactured by such employer.
The lien created by this section shall attach from the date of the commencement of the labor upon such property for which such premiums are due. In order to avail itself of the lien hereby created, the department shall, within four months after the employer has made report of his or her payroll and has defaulted in the payment of his or her premiums thereupon, file with the county auditor of the county within which such property is then situated, a statement in writing describing in general terms the property upon which a lien is claimed and stating the amount of the lien claimed by the department. If any employer fails or refuses to make report of his or her payroll, the lien hereby created shall continue in full force and effect, although the amount thereof is undetermined and the four months' time within which the department shall file its claim of lien shall not begin to run until the actual receipt by the department of such payroll report. From and after the filing of such claim of lien, the department shall be entitled to commence suit to cause such lien to be foreclosed in the manner provided by law for the foreclosure of other liens on real or personal property, and in such suit the certificate of the department stating the date of the actual receipt by the department of such payroll report shall be prima facie evidence of such fact.
[ 2010 c 8 § 14007; 1986 c 9 § 5; 1961 c 23 § 51.16.170. Prior: 1959 c 308 § 24; prior: 1951 c 214 § 1; 1929 c 132 § 4, part; 1923 c 136 § 3, part; 1917 c 120 § 5, part; 1917 c 28 § 2, part; 1915 c 188 § 3, part; 1911 c 74 § 8, part; RRS § 7682, part.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.16 - Assessment and Collection of Premiums—Payrolls and Records. › 51.16.180 - Property acquired by state on execution.

RCW 51.16.180
Property acquired by state on execution.
The director shall have the custody of all property acquired by the state at execution sale upon judgments obtained for delinquent payments and penalties therefor and costs, and may sell and dispose of the same at private sales for the sale purchase price, and shall pay the proceeds into the state treasury to the credit of the appropriate fund. In case of the sale of real estate the director shall execute the deed in the name of the state.
[ 1971 ex.s. c 289 § 79; 1961 c 23 § 51.16.180. Prior: 1921 c 7 § 78, subdivision (4); RRS § 10836(4).]
NOTES:
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.16 - Assessment and Collection of Premiums—Payrolls and Records. › 51.16.190 - Limitation on collection actions.

RCW 51.16.190
Limitation on collection actions.
(1) "Action" means, but is not limited to, a notice of assessment pursuant to RCW 51.48.120, an action at law pursuant to RCW 51.16.150, or any other administrative or civil process authorized by this title for the determination of liability for premiums, assessments, penalties, contributions, or other sums, or the collection of premiums, assessments, penalties, contributions, or other sums.
(2) Any action to collect any delinquent premium, assessment, contribution, penalty, or other sum due to the department from any employer subject to this title shall be brought within three years of the date any such sum became due.
(3) In case of a false or fraudulent report with intent to evade premiums, assessments, contributions, penalties, interest, or other sums, or in the event of a failure to file a report, action may be begun at any time.
(4) Any claim for refund or adjustment by an employer of any premium, assessment, contribution, penalty, or other sum collected by the department shall be made in writing to the department within three years of the date the sum became due.
[ 1987 c 111 § 7; 1985 c 315 § 5; 1977 ex.s. c 323 § 27.]
NOTES:
Conflict with federal requirements—Severability—Effective date—1987 c 111: See notes following RCW 50.12.220.
Severability—Effective date—1977 ex.s. c 323: See notes following RCW 51.04.040.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.16 - Assessment and Collection of Premiums—Payrolls and Records. › 51.16.200 - Payment of tax by employer quitting business—Liability of successor.

RCW 51.16.200
Payment of tax by employer quitting business—Liability of successor.
Whenever any employer quits business, or sells out, exchanges, or otherwise disposes of the employer's business or stock of goods, any tax payable hereunder shall become immediately due and payable, and the employer shall, within ten days thereafter, make a return and pay the tax due; and any person who becomes a successor to such business shall become liable for the full amount of the tax and withhold from the purchase price a sum sufficient to pay any tax due from the employer until such time as the employer shall produce a receipt from the department showing payment in full of any tax due or a certificate that no tax is due and, if such tax is not paid by the employer within ten days from the date of such sale, exchange, or disposal, the successor shall become liable for the payment of the full amount of tax, and the payment thereof by such successor shall, to the extent thereof, be deemed a payment upon the purchase price, and if such payment is greater in amount than the purchase price the amount of the difference shall become a debt due such successor from the employer.
No successor may be liable for any tax due from the person from whom the successor has acquired a business or stock of goods if the successor gives written notice to the department of such acquisition and no assessment is issued by the department within one hundred eighty days of receipt of such notice against the former operator of the business and a copy thereof mailed to such successor.
[ 1995 c 160 § 1; 1986 c 9 § 6.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.16 - Assessment and Collection of Premiums—Payrolls and Records. › 51.16.210 - Horse racing employment—Premiums.

RCW 51.16.210
Horse racing employment—Premiums.
(1) The department shall assess premiums, under the provisions of this section, for certain horse racing employments licensed in accordance with chapter 67.16 RCW. This premium assessment shall be for the purpose of providing industrial insurance coverage for employees of trainers licensed under chapter 67.16 RCW, including but not limited to exercise riders, pony riders, and grooms, and including all on or off track employment. The department may adopt rules under chapter 34.05 RCW to carry out the purposes of this section, including rules providing for alternative reporting periods and payment due dates for coverage under this section. The department rules shall ensure that no licensee licensed prior to May 13, 1989, shall pay more than the assessment fixed at the basic manual rate.
(2) The department shall compute industrial insurance premium rates and these premiums may be assessed at the time of each issuance or renewal of the license for owners, trainers, and grooms in amounts established by department rule for coverage under this section. Premium assessments shall be determined in accordance with the requirements of this title, except that assessments shall not be experience rated and shall be fixed at the basic manual rate. However, rates may vary according to the risk insured, as determined according to rules adopted by the department and the Washington horse racing commission.
(3) For the purposes of paying premiums and assessments under this section and making reports under this title, individuals licensed as trainers by the Washington horse racing commission shall be considered employers. The premium assessment for a groom shall be paid by the trainer responsible for hiring the groom and is payable as required by the Washington horse racing commission.
(4) The fee to be assessed on owner licenses as required by this section shall not exceed one hundred fifty dollars. However, those owners having less than a full ownership in a horse or horses shall pay a percentage of the required license fee that is equal to the total percentage of the ownership that the owner has in the horse or horses. In no event shall an owner having an ownership percentage in more than one horse pay more than a one hundred fifty-dollar license fee. The assessment on each owner's license shall not imply that an owner is an employer, but shall be required as part of the privilege of holding an owner's license.
(5) Premium assessments under this section shall be collected by the Washington horse racing commission and deposited in the industrial insurance trust funds as provided under department rules.
[ 2013 c 80 § 1; 1989 c 385 § 1.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.16 - Assessment and Collection of Premiums—Payrolls and Records. › 51.16.220 - Reimbursement from disaster response account for nongovernment employees.

RCW 51.16.220
Reimbursement from disaster response account for nongovernment employees.
(1) When a worker of a nongovernment employer is injured or develops an occupational disease due to an exposure while assisting in the life and rescue phase of an emergency, in response to a request for assistance from a state or local government entity, including fire service or law enforcement, the cost of benefits shall be reimbursed from the disaster response account, RCW 38.52.105, to the appropriate workers' compensation fund, or to the self-insured employer, as the case may be. The cost of such injuries or occupational diseases shall not be charged to the experience record of a state fund employer.
(2) For the purposes of this section, "life and rescue phase" means the first seventy-two hours after the occurrence of a natural or man-made disaster in which a state or municipal entity, including fire service or law enforcement, acknowledges or declares such a disaster and requests assistance from the private sector in locating and rescuing survivors. The initial life and rescue phase may be extended for a finite period of time by declaration of the state or municipal entity requesting assistance.
[ 2005 c 422 § 1.]
NOTES:
Rules—2005 c 422: "The department of labor and industries may adopt rules to implement this act." [ 2005 c 422 § 3.]
Effective date—2005 c 422: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 11, 2005]." [ 2005 c 422 § 4.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.16 - Assessment and Collection of Premiums—Payrolls and Records. › 51.16.230 - Hospitals—Premiums—Rules—Reports.

RCW 51.16.230
Hospitals—Premiums—Rules—Reports.
(1) By January 1, 2007, the department shall develop rules to provide a reduced workers' compensation premium for hospitals that implement a safe patient handling program. The rules shall include any requirements for obtaining the reduced premium that must be met by hospitals.
(2) The department shall complete an evaluation of the results of the reduced premium, including changes in claim frequency and costs, and shall report to the appropriate committees of the legislature by December 1, 2010, and 2012.
[ 2006 c 165 § 4.]
NOTES:
Findings—2006 c 165: See note following RCW 70.41.390.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.16 - Assessment and Collection of Premiums—Payrolls and Records. › 51.16.243 - Farm internship program—Special risk class—Rules.

RCW 51.16.243
Farm internship program—Special risk class—Rules.
(1) The department shall adopt rules to provide special workers' compensation risk class or classes for farm interns providing agricultural labor pursuant to a farm internship program under RCW 49.12.471. The rules must include any requirements for obtaining a special risk class that must be met by small farms.
[ 2023 c 269 § 5; 2020 c 212 § 4.]
NOTES:
Findings—Effective date—2023 c 269: See notes following RCW 49.12.471.
Effective date—2020 c 212: See note following RCW 49.12.471.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.18 - Retrospective Rating Plan. › 51.18.005 - Findings.

RCW 51.18.005
Findings.
The legislature finds that the retrospective rating plan provided for in RCW 51.16.035 has proven to be highly effective both in terms of improved workplace safety and injured worker outcomes. As a result, the number of industrial insurance claims of many employers participating in the retrospective rating plan have been reduced through sound risk management strategies and enhanced cooperation with department claims management activities.
The legislature further finds that entrance criteria for the retrospective rating plan under RCW 51.16.035 should be clear and understandable to both the department and potential retrospective rating plan participants.
The legislature therefore declares that a new retrospective rating plan is needed in order to protect and preserve the integrity and welfare of the retrospective rating system.
[ 1999 c 7 § 1.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.18 - Retrospective Rating Plan. › 51.18.010 - Availability—Rules—Coverage period.

RCW 51.18.010
Availability—Rules—Coverage period.
(1) The department shall offer a retrospective rating plan to insure the workers' compensation obligations of employers and groups of employers. The plan is to be made available to any employer or group of employers who:
(a) Voluntarily elects to participate in the plan; and
(b) Meets the requirements of this chapter and rules adopted by the department under subsection (2) of this section.
(2) The retrospective rating plan shall be consistent with recognized insurance principles and shall be administered according to rules adopted by the department. Rules adopted under this section shall encourage broad participation by qualified employers and sponsors of retrospective rating groups.
(3) Each retrospective rating group approved by the department under this chapter shall select a coverage period and may be renewed at the end of each coverage period. For the purposes of this section, "coverage period" means a twelve-month period provided by the department by rule.
[ 1999 c 7 § 2.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.18 - Retrospective Rating Plan. › 51.18.020 - Entrance criteria.

RCW 51.18.020
Entrance criteria.
Prior to allowing initial entrance into the state's retrospective rating plan, the department shall review each proposed retrospective rating group to ensure that the following criteria are met:
(1) The entity sponsoring the retrospective rating group must have been in existence for at least four years;
(2) The entity sponsoring the retrospective rating group must exist primarily for a purpose other than that of obtaining or offering insurance coverage or insurance related services;
(3) The entity sponsoring the retrospective rating group must have a written workplace safety and accident prevention plan in place for the proposed retrospective rating group and must propose methods by which the retrospective rating group will cooperate with department claims management activities;
(4) All employers in the retrospective rating group must be members of the sponsoring entity;
(5) All employers in the retrospective rating group must have an industrial insurance account in good standing with the department;
(6) Fifty percent of the original employers in the retrospective rating group must have been members of the sponsoring entity for one year prior to the group's entrance into the retrospective rating plan;
(7) The retrospective rating group must be composed of employers who are substantially similar considering the services or activities performed by the employees of those employers;
(8) The initial premium level for the retrospective rating group must be at least one million five hundred thousand dollars and shall be based on the standard premium of the proposed group members' most current previous coverage period; and
(9) The formation and operation of the retrospective rating group must seek to substantially improve workplace safety and accident prevention for the employers in the group.
[ 1999 c 7 § 3.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.18 - Retrospective Rating Plan. › 51.18.030 - Sponsoring entities—New or existing retrospective rating groups.

RCW 51.18.030
Sponsoring entities—New or existing retrospective rating groups.
(1) Entities which sponsored retrospective rating groups prior to July 25, 1999, may not sponsor additional retrospective rating groups in a new business or industry category until the coverage period beginning January 1, 2003.
(2) For retrospective rating groups approved by the department on or after July 25, 1999, the sponsoring entity may not propose another retrospective rating group in a new business or industry category until the minimum mandatory adjustment periods required by the department for the first two coverage periods of the last formed retrospective rating group are completed.
(3) Subsections (1) and (2) of this section do not prohibit a sponsoring entity from proposing to:
(a) Divide an existing retrospective rating group into two or more groups provided that the proposed new groups fall within the same business or industry category as the group that is proposed to be divided; or
(b) Merge existing retrospective rating groups into one business or industry category provided that the proposed merged groups fall within the same business or industry category as the groups that are proposed to be merged.
(4) Under no circumstances may a sponsoring entity propose retrospective rating groups in multiple business or industry categories in the same application to the department.
(5) An insurer, insurance broker, agent, or solicitor may not:
(a) Participate in the formation of a retrospective rating group; or
(b) Sponsor a retrospective rating group.
[ 1999 c 7 § 4.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.18 - Retrospective Rating Plan. › 51.18.050 - Retrospective rating groups—Probationary status—Denial of future enrollment.

RCW 51.18.050
Retrospective rating groups—Probationary status—Denial of future enrollment.
(1) Any retrospective rating group required to pay additional net premium assessments in two consecutive coverage periods shall be immediately placed on probationary status. Once a group is placed on probationary status, the department shall review the group's workplace safety and accident prevention plan and its methods for cooperation with department claims management activities. Following the review, the department shall make recommendations for corrective steps that may be taken to improve the group's performance.
(2) If the same retrospective rating group is required to pay an additional net premium assessment in the third consecutive coverage period, that group shall be denied future enrollment in the state's retrospective rating plan. In addition, the sponsoring entity of the failed group may not sponsor another group in the same business or industry category for five coverage periods from the ending date of the failed group's last coverage period.
(3) This section applies prospectively only and not retroactively. It applies only to net assessments received by a retrospective rating group for plan years beginning after July 25, 1999.
[ 1999 c 7 § 6.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.18 - Retrospective Rating Plan. › 51.18.060 - Retrospective rating groups—Department approval.

RCW 51.18.060
Retrospective rating groups—Department approval.
All retrospective rating groups approved by the department prior to July 25, 1999, under RCW 51.16.035 as it existed prior to July 25, 1999, remain approved and, with the exception of RCW 51.18.020, are subject to the provisions of this chapter.
[ 1999 c 7 § 7.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.18 - Retrospective Rating Plan. › 51.18.065 - Direct primary care services—Payment by employer—Rules.

RCW 51.18.065
Direct primary care services—Payment by employer—Rules.
Payment by an employer for direct primary care services as defined in RCW 48.150.010 when used for medical services on an allowed industrial injury or occupational disease claim does not disqualify: (1) The employer from participating in a retrospective rating plan; (2) any related group sponsor from promoting a retrospective rating plan; or (3) any related plan administrator from administering a retrospective rating plan, provided the employer or group sponsor or plan administrator provides any medical cost or payment information that may be required by the department. Prior to the first retrospective rating adjustment for the plan year beginning January 1, 2012, the department shall determine the information needed and any changes to the retrospective rating premium and claim cost calculations to maintain appropriate and equitable retrospective rating refunds when employers pay for direct primary care services. These changes shall apply beginning with the January 1, 2012, plan year.
The department may adopt rules to implement this section.
[ 2011 c 290 § 3.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.24 - Actions at Law for Injury or Death. › 51.24.020 - Action against employer for intentional injury.

RCW 51.24.020
Action against employer for intentional injury.
If injury results to a worker from the deliberate intention of his or her employer to produce such injury, the worker or beneficiary of the worker shall have the privilege to take under this title and also have cause of action against the employer as if this title had not been enacted, for any damages in excess of compensation and benefits paid or payable under this title.
[ 1984 c 218 § 2; 1977 ex.s. c 350 § 31; 1973 1st ex.s. c 154 § 94; 1961 c 23 § 51.24.020. Prior: 1957 c 70 § 24; prior: 1927 c 310 § 5, part; 1919 c 131 § 5, part; 1911 c 74 § 6, part; RRS § 7680, part.]
NOTES:
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.24 - Actions at Law for Injury or Death. › 51.24.030 - Action against third person—Election by injured person or beneficiary—Underinsured motorist insurance coverage.

RCW 51.24.030
Action against third person—Election by injured person or beneficiary—Underinsured motorist insurance coverage.
(1) If a third person, not in a worker's same employ, is or may become liable to pay damages on account of a worker's injury for which benefits and compensation are provided under this title, the injured worker or beneficiary may elect to seek damages from the third person.
(2) In every action brought under this section, the plaintiff shall give notice to the department or self-insurer when the action is filed. The department or self-insurer may file a notice of statutory interest in recovery. When such notice has been filed by the department or self-insurer, the parties shall thereafter serve copies of all notices, motions, pleadings, and other process on the department or self-insurer. The department or self-insurer may then intervene as a party in the action to protect its statutory interest in recovery.
(3) For the purposes of this chapter, "injury" shall include any physical or mental condition, disease, ailment or loss, including death, for which compensation and benefits are paid or payable under this title.
(4) Damages recoverable by a worker or beneficiary pursuant to the underinsured motorist coverage of an insurance policy shall be subject to this chapter only if the owner of the policy is the employer of the injured worker.
(5) For the purposes of this chapter, "recovery" includes all damages except loss of consortium.
[ 1995 c 199 § 2; 1987 c 212 § 1701; 1986 c 58 § 1; 1984 c 218 § 3; 1977 ex.s. c 85 § 1.]
NOTES:
Severability—1995 c 199: See note following RCW 51.12.120.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.24 - Actions at Law for Injury or Death. › 51.24.035 - Immunity of design professional and employees.

RCW 51.24.035
Immunity of design professional and employees.
(1) Notwithstanding RCW 51.24.030(1), the injured worker or beneficiary may not seek damages against a design professional who is a third person and who has been retained to perform professional services on a construction project, or any employee of a design professional who is assisting or representing the design professional in the performance of professional services on the site of the construction project, unless responsibility for safety practices is specifically assumed by contract, the provisions of which were mutually negotiated, or the design professional actually exercised control over the portion of the premises where the worker was injured.
(2) The immunity provided by this section does not apply to the negligent preparation of design plans and specifications.
(3) For the purposes of this section, "design professional" means an architect, professional engineer, land surveyor, or landscape architect, who is licensed or authorized by law to practice such profession, or any corporation organized under chapter 18.100 RCW or authorized under RCW 18.08.420 or 18.43.130 to render design services through the practice of one or more of such professions.
[ 1987 c 212 § 1801.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.24 - Actions at Law for Injury or Death. › 51.24.040 - Election or recovery no bar to compensation or benefits.

RCW 51.24.040
Election or recovery no bar to compensation or benefits.
The injured worker or beneficiary shall be entitled to the full compensation and benefits provided by this title regardless of any election or recovery made under this chapter.
[ 1977 ex.s. c 85 § 2.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.24 - Actions at Law for Injury or Death. › 51.24.070 - Required election—Procedures—Right of reelection.

RCW 51.24.070
Required election—Procedures—Right of reelection.
(1) The department or self-insurer may require the injured worker or beneficiary to exercise the right of election under this chapter by serving a written demand by registered mail, certified mail, or personal service on the worker or beneficiary.
(2) Unless an election is made within sixty days of the receipt of the demand, and unless an action is instituted or settled within the time granted by the department or self-insurer, the injured worker or beneficiary is deemed to have assigned the action to the department or self-insurer. The department or self-insurer shall allow the worker or beneficiary at least ninety days from the election to institute or settle the action. When a beneficiary is a minor child the demand shall be served upon the legal custodian or guardian of such beneficiary.
(3) If an action which has been filed is not diligently prosecuted, the department or self-insurer may petition the court in which the action is pending for an order assigning the cause of action to the department or self-insurer. Upon a sufficient showing of a lack of diligent prosecution the court in its discretion may issue the order.
(4) If the department or self-insurer has taken an assignment of the third party cause of action under subsection (2) of this section, the injured worker or beneficiary may, at the discretion of the department or self-insurer, exercise a right of reelection and assume the cause of action subject to reimbursement of litigation expenses incurred by the department or self-insurer.
[ 1984 c 218 § 6; 1977 ex.s. c 85 § 5.]