reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-15A - Industrial insurance discrimination › Section 296-15A-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
For the purposes of this chapter, the following words shall
				have these meanings:
(1) "Director"
			 shall mean the director of the department of labor and industries of the state
			 of Washington.
(2) "Employee" shall
			 have the same meaning as that defined in [RCW] 51.08.180 and
			 51.08.185.
(3) "Employer" shall
			 have the same meaning as defined in
			 RCW
			  51.08.070.
Statutory Authority: 1985 c 347 § 8 and
				  RCW
				  51.04.020. 86-01-016 (Order 85-35), §
				  296-15A-010, filed 12/9/85.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-15A - Industrial insurance discrimination › Section 296-15A-020 - Filing a complaint of discrimination

Current through Register Vol. 24-14, July 15, 2024
(1) Any employee who believes that he or she
			 has been discharged or otherwise discriminated against by an employer in
			 violation of this section may file a complaint with the director alleging
			 discrimination within ninety days of the date of the alleged violation. Upon
			 receipt of such complaint, the director shall cause an investigation to be made
			 as the director deems appropriate. Within ninety days of the receipt of the
			 complaint filed under this section, the director shall notify the complainant
			 of his or her determination. If upon investigation, it is determined that this
			 section has been violated, the director shall bring an action in the superior
			 court of the county in which the violation is alleged to have
			 occurred.
(2) Who may file. A
			 complaint of discrimination may be filed by the employee.
(3) Nature of filing. A complaint must be
			 filed in writing; however, no particular form of complaint is
			 required.
(4) Place of filing. The
			 complaint should be filed with the director of the department of labor and
			 industries. The complaint should be sent to the Director of the Department of
			 Labor and Industries, Olympia, Washington 98504.
Statutory Authority: 1985 c 347 § 8 and
				  RCW
				  51.04.020. 86-01-016 (Order 85-35), §
				  296-15A-020, filed 12/9/85.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-16 - Employer-Worker reemployment incentives › Section 296-16-100 - What is the department's preferred worker program?

Current through Register Vol. 24-14, July 15, 2024
The department's preferred worker program provides eligible
				employers with financial incentives to hire certified preferred
				workers.
Statutory Authority:
				  RCW
				   51.04.010,
				  51.04.020 and 2004 c 258.
				  05-01-105, § 296-16-100, filed 12/15/04, effective
				  1/15/05.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-16 - Employer-Worker reemployment incentives › Section 296-16-110 - Who may be certified as a preferred worker?

Current through Register Vol. 24-14, July 15, 2024
(1) A worker may be certified as a preferred
			 worker, in the sole discretion of the supervisor of industrial insurance or the
			 supervisor's designee, if the worker has an open state fund insured claim for
			 an industrial injury or occupational disease, or a closed state fund claim
			 where the closure is not final, that results in a permanent disability which
			 may be a substantial obstacle to employment.
(2) For purposes of subsection (1) of this
			 section, permanent disability is defined as:
(a) A permanent loss of physical or mental
			 function, causally related to the industrial injury or occupational disease,
			 from which, within the limits of medical probability, further recovery is not
			 expected; and
(b) The injured
			 worker's health care provider has permanently restricted the worker from
			 returning to the job of injury; and
(c) The work restrictions in (b) of this
			 subsection are supported by medical findings appropriate to the worker's
			 physical or mental condition.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-16 - Employer-Worker reemployment incentives › Section 296-16-112

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   51.04.010,
				  51.04.020, and
				  51.16.120. 05-17-040, §
				  296-16-112, filed 8/9/05, effective
				  9/15/05.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-16 - Employer-Worker reemployment incentives › Section 296-16-113 - What are the preferred worker certification requirements for a worker with developmental disabilities as defined by RCW 71A.10.020?

Current through Register Vol. 24-14, July 15, 2024
(1) A worker with a developmental disability
			 may be certified as a preferred worker, in the sole discretion of the
			 supervisor of industrial insurance or the supervisor's designee, if the worker
			 has an open state fund insured claim for an industrial injury or occupational
			 disease, or a closed state fund claim where the closure is not final, that
			 results in payment of time-loss compensation benefits for a period of at least
			 fourteen consecutive days.
(2) A
			 worker with developmental disabilities does not need to apply for preferred
			 worker certification. The department will evaluate the worker's eligibility for
			 certification after receiving the employer's documentation described in WAC
			 296-16-160(3).
(3) If the health care provider has released
			 the worker without restrictions and the worker is returning to the job of
			 record, a job analysis or job description is not needed.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-16 - Employer-Worker reemployment incentives › Section 296-16-115

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   51.04.010,
				  51.04.020 and 2004 c 258.
				  05-01-105, § 296-16-115, filed 12/15/04, effective
				  1/15/05.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-16 - Employer-Worker reemployment incentives › Section 296-16-120 - Who certifies industrially injured or ill workers as preferred workers?

Current through Register Vol. 24-14, July 15, 2024
Only a department employee with authority to do so may certify
				a worker as a preferred worker.
Statutory Authority:
				  RCW
				   51.04.010,
				  51.04.020 and 2004 c 258.
				  05-01-105, § 296-16-120, filed 12/15/04, effective
				  1/15/05.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-16 - Employer-Worker reemployment incentives › Section 296-16-125 - Can a worker's preferred worker certification be revoked?

Current through Register Vol. 24-14, July 15, 2024
The department can revoke the preferred worker certification
				when the worker no longer meets the certification requirements outlined in WAC
				296-16-110.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-16 - Employer-Worker reemployment incentives › Section 296-16-130 - How long does a worker's preferred worker certification last?

Current through Register Vol. 24-14, July 15, 2024
(1) A worker's
			 preferred worker certification lasts for thirty-six consecutive months of
			 employment at medically approved work, and will not be extended.
The thirty-six consecutive month period begins the first date
				the certified preferred worker actually returns to work at a medically approved
				job, but ends no later than five years after claim closure.
(2) The department may interrupt the
			 certification period if medical documentation shows the worker is unable to
			 work due to the industrial injury or occupational disease in:
(a) The open claim in which preferred worker
			 certification was granted; or
(b) A
			 new, accepted claim for a condition or conditions sustained while performing
			 medically approved work as a certified preferred worker.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-16 - Employer-Worker reemployment incentives › Section 296-16-135 - Will the department grant a worker preferred worker certification under multiple open claims at the same time?

Current through Register Vol. 24-14, July 15, 2024
No. While a worker may have multiple open claims at the same
				time, the department will not grant the worker preferred worker certification
				under more than one of these claims at the same time.
(1) If the worker still has preferred worker
			 certification time remaining from a previous claim, and also applies for
			 preferred worker certification under a subsequent claim, the department will
			 not grant the worker additional certification. In order to seek employment as a
			 certified preferred worker, the worker must use the certification time
			 remaining from the previous claim.
(2) If the worker received preferred worker
			 certification under a prior claim, and the thirty-six months of that
			 certification has ended, the worker may be eligible for preferred worker
			 certification under a subsequent claim.
Statutory Authority:
				  RCW
				   51.04.010,
				  51.04.020, and
				  51.16.120. 05-17-040, §
				  296-16-135, filed 8/9/05, effective
				  9/15/05.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-16 - Employer-Worker reemployment incentives › Section 296-16-140 - Which employers are eligible to benefit from the preferred worker program?

Current through Register Vol. 24-14, July 15, 2024
The following employers may be eligible to benefit from the
				preferred worker program if they employ a certified preferred worker in a job
				approved by the injured worker's health care provider and the department's
				credentialed vocational rehabilitation professional:
(1) A Washington state fund employer with an
			 industrial insurance account in good standing with the department, as outlined
			 in WAC 296-17-31004(4);
			 or
(2) A self-insured employer who
			 employs a worker who is certified as a preferred worker under a state fund
			 claim.
Statutory Authority:
				  RCW
				   51.04.010,
				  51.04.020 and 2004 c 258.
				  05-01-105, § 296-16-140, filed 12/15/04, effective
				  1/15/05.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-16 - Employer-Worker reemployment incentives › Section 296-16-145 - Who must confirm the worker has returned to work that is consistent with the worker's limitations and physical restrictions?

Current through Register Vol. 24-14, July 15, 2024
(1) Preferred worker benefits are only
			 available when the offered job is approved by:
(a) A credentialed vocational rehabilitation
			 professional who meets the qualifications in WAC
			 296-19A-210; and
(b) The injured worker's health care
			 provider.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-16 - Employer-Worker reemployment incentives › Section 296-16-160 - What must an employer do to qualify for benefits when hiring or reemploying a preferred worker?

Current through Register Vol. 24-14, July 15, 2024
(1) An employer
			 must employ the certified preferred worker in a job that:
(a) Will continue to be available into the
			 foreseeable future; and
(b) Is
			 confirmed as consistent with the worker's permanent work restrictions as
			 outlined in WAC 296-16-145; and
(c)
			 Addresses a business need or provides economic value to the employer.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-16 - Employer-Worker reemployment incentives › Section 296-16-170

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   51.04.010,
				  51.04.020 and 2004 c 258.
				  05-01-105, § 296-16-170, filed 12/15/04, effective
				  1/15/05.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-16 - Employer-Worker reemployment incentives › Section 296-16-180 - Can a denial decision about preferred worker certification or employer incentive eligibility be protested or appealed?

Current through Register Vol. 24-14, July 15, 2024
Yes, the employer, injured worker, or health care provider can
				send a written protest to the department or appeal to the board of industrial
				insurance appeals within sixty days from the date the decision is
				communicated.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-16A - Stay-at-work program › Section 296-16A-010 - What is the stay-at-work program?

Current through Register Vol. 24-14, July 15, 2024
The stay-at-work program encourages employers insured with the
				department to bring their injured workers back to work quickly and safely. If
				eligible, we will reimburse an employer for up to half the basic gross wages
				the employer paid to the injured worker during light duty or transitional work,
				and for the cost of instruction, tools, and clothing the worker needed to
				perform the approved light duty or transitional work. WAC
				296-16A-020 through
				296-16A-050 are the rules for
				employers insured with the department who are requesting stay-at-work
				reimbursements.
Statutory Authority:
				  RCW
				  51.04.020 and
				  51.32.090. 12-09-056, §
				  296-16A-010, filed 4/17/12, effective
				  5/21/12.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-16A - Stay-at-work program › Section 296-16A-020 - I am an employer insured with the department - How can I qualify for stay-at-work reimbursements?

Current through Register Vol. 24-14, July 15, 2024
To qualify for stay-at-work reimbursements:
(1) You must be the "employer at the time of
			 injury" or "employer of injury" on a claim. You are the employer at the time of
			 injury if the worker was injured while working for you. For occupational
			 disease claims, you are the employer if your experience rating has been or will
			 be affected by the claim because you previously employed the worker, or you
			 were the last employer to employ the worker when the claim was filed (even if
			 the claim will not affect your experience rating).
(2) Your worker must be eligible for
			 temporary total disability or temporary partial disability benefits to be
			 eligible; your worker's attending provider must have restricted your worker
			 from performing his or her usual work.
(3) You must give the attending provider and
			 your worker a description of the light duty or transitional work you would like
			 your worker to do, and the attending provider must, in writing, release your
			 worker to do that work.
(4) You
			 must not ask your worker to perform work other than that approved by the
			 attending provider.
(5) You must
			 incur an actual expense before you request reimbursement. We cannot pay you in
			 advance.
(6) We cannot reimburse
			 you for stay-at-work expenses incurred before June 15, 2011.
Statutory Authority:
				  RCW
				  51.04.020 and
				  51.32.090. 12-09-056, §
				  296-16A-020, filed 4/17/12, effective
				  5/21/12.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-16A - Stay-at-work program › Section 296-16A-030 - What can I be reimbursed for?

Current through Register Vol. 24-14, July 15, 2024
If the attending provider restricts your worker from performing
				his or her usual work, you may ask the attending provider to release your
				worker to perform light duty or transitional work for you. If the attending
				provider does so, you may employ your worker consistent with the attending
				provider's release. You can then receive reimbursement for some of the costs
				associated with that employment:
(1)
Wages:
Fifty percent of basic gross wages you paid your worker,
			 for up to sixty-six days actually worked in a twenty-four month period, up to a
			 maximum of ten thousand dollars total wage reimbursement per claim.
(a) Basic gross wages means the basic hourly
			 wages or salary. Basic gross wages do not include tips, commissions, bonuses,
			 board, housing, fuel, health care, dental care, vision care, per diem,
			 reimbursements for work-related expenses, or any other payments.
(b) A partial day worked counts as one day.
			 Example: Your worker works a four-hour shift. This counts as one day out of the
			 sixty-six.
(c) If your worker's
			 single shift spans two calendar days that shift counts as one day. Example:
			 Your worker's single shift starts at 10:00 p.m., November 14th, and continues
			 until 6:30 a.m., November 15th. This counts as one day out of the
			 sixty-six.
(d) The sixty-six days
			 do not have to be consecutive.
(e)
			 If the light duty or transitional work lasts more than sixty-six days, you may
			 choose which sixty-six days to seek reimbursement for.
(f) You may not be reimbursed more than once
			 for the same days worked. For example, if your worker has two active claims you
			 cannot be reimbursed wage subsidies for the same dates on both
			 claims.
(g) We cannot reimburse you
			 for dates you employed your worker that are more than twenty-four months after
			 the earliest day we have already reimbursed on the claim. Example: The first
			 work date for which you were reimbursed was February 1, 2012. Your twenty-four
			 month eligibility period ends January 31, 2014.
(h) You must submit your request for
			 reimbursement within one year of the date the work was performed.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-16A - Stay-at-work program › Section 296-16A-040 - What if my worker has more than one claim or other qualifying employers?

Current through Register Vol. 24-14, July 15, 2024
(1) We will
			 reimburse you only once for an incurred expense: If your worker has more than
			 one claim, we will not reimburse you more than once for the same wages paid or
			 training, clothing, or equipment provided.
(2) If we receive valid reimbursement
			 requests from different employers for the same claim, we will pay the requests
			 in the order received by the department up to the per claim limits.
Statutory Authority:
				  RCW
				  51.04.020 and
				  51.32.090. 12-09-056, §
				  296-16A-040, filed 4/17/12, effective
				  5/21/12.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-16A - Stay-at-work program › Section 296-16A-050 - How do I apply for reimbursements?

Current through Register Vol. 24-14, July 15, 2024
(1) To request reimbursements, fill out the
			 appropriate stay-at-work reimbursement form we will supply you that is
			 available on our web site. One form is for wage reimbursement and there is a
			 separate form for all other reimbursements. Once you have completed the form or
			 forms, mail or fax them to us at the address or fax number provided on the
			 form.
(2) For all stay-at-work
			 reimbursements, in addition to the completed forms, we also need:
(a) Documentation from the attending provider
			 restricting your worker from his or her usual work for the dates you are
			 requesting reimbursement;
(b) A
			 written description of the light duty or transitional work that enables the
			 attending provider to relate the physical activities of the work to your
			 worker's restrictions;
(c) The
			 attending provider's written approval releasing the worker to do that
			 work.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17 - General reporting rules, audit and recordkeeping, rates and rating system for Washington workers' compensation insurance › Section 296-17-31001 - Introduction

Current through Register Vol. 24-14, July 15, 2024
Chapter 296-17 WAC, General reporting rules, audit and
				recordkeeping, rates and rating system for Washington workers' compensation
				insurance provides rules applicable to workers' compensation insurance coverage
				(industrial insurance) that employers in the state of Washington must provide
				for their workers. We refer to these rules (WACs) as sections and they define
				or explain:
* Words and phrases which we use
* Who the workers' compensation system applies to
* How to obtain workers' compensation coverage
* Why a classification system is necessary
* How our classification plan is designed
* How our classification approach compares to other
				states
* How we assign classifications to your business
* How we classify your business if a specific classification
				treatment is not referenced in our classification plan
* How employers report and pay premiums to us
* How we compute base rates
* Audit and recordkeeping requirements
* Experience rating plan
* Base rate tables.
Statutory Authority: RCW 51.06.035,
				  
											51.08.010,
				  51.04.020. 07-12-045, §
				  296-17-31001, filed 5/31/07, effective 7/1/07. Statutory Authority:
				  RCW
				   51.16.035. 98-18-042, § 296-17-31001,
				  filed 8/28/98, effective 10/1/98.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17 - General reporting rules, audit and recordkeeping, rates and rating system for Washington workers' compensation insurance › Section 296-17-31003 - No-fault insurance

Current through Register Vol. 24-14, July 15, 2024
What is a workers' compensation insurance program?
Workers' compensation insurance is a no-fault insurance program that eliminates
				blame to either party for workplace injuries or illnesses. The principle
				features include:
.
Wage and medical benefits to employees who suffer
							 on-the-job injuries or illnesses; and
.
Immunity from lawsuits for employers as a result of
							 workplace injuries or illnesses suffered by their employees.
Statutory Authority:
				  RCW
				  51.16.035. 98-18-042, § 296-17-31003,
				  filed 8/28/98, effective 10/1/98.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17 - General reporting rules, audit and recordkeeping, rates and rating system for Washington workers' compensation insurance › Section 296-17-31004 - Coverage requirements

Current through Register Vol. 24-14, July 15, 2024
(1)
I own
			 a business. Am I required to have workers' compensation insurance coverage for
			 my employees?
Nearly every employer doing business in the state of
			 Washington is required to have workers' compensation insurance for his/her
			 employees. Washington law (
RCW
			  51.12.020
) does exempt certain
			 types of employment from coverage. If you employ only individuals who are
			 excluded from mandatory workers' compensation insurance coverage, you are not
			 required to have workers' compensation insurance coverage.
(2)
I hire contractors to perform work
			 for me. Do I need to be concerned about premiums on their work?
Yes.
			 There are two ways you may be liable for premiums on the work they do.
First, they may be "workers" for whom you are required to
				report and pay premiums. The law defines worker to include both your employees
				and independent contractors you hire, when the essence of the contract is
				personal labor. See
				RCW
				 51.08.070,
				51.08.180,
				51.08.181, and
				51.08.195 for more guidance about
				when independent contractors will be considered workers.
Second, the Industrial Insurance Act imposes premium liability
				on anyone who contracts with another to have work performed. Even if the
				contractor you hire is not your worker (for example, if the contractor uses one
				or more workers on the job), you could be liable for their premiums if they
				fail to pay.
(3)
Is
			 there any way for me to protect myself from being held liable for premiums owed
			 by construction contractors I hire?
Yes, if you are a registered
			 construction contractor or licensed electrical or plumbing contractor, and you
			 hire a registered construction contractor or a licensed electrical or plumbing
			 contractor to do construction work that requires licensing or registration, you
			 can protect yourself from being found liable for the premiums on the work that
			 contractor does for you if:
(a) They have a
			 principal place of business eligible for IRS deduction;
(b) They keep books and records that reflect
			 all items of income and all expenses of the business; and
(c) You have verified that they have an
			 industrial insurance account in good standing, or are a self-insured employer
			 approved by the department.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17 - General reporting rules, audit and recordkeeping, rates and rating system for Washington workers' compensation insurance › Section 296-17-31005 - Employer/employee relationship

Current through Register Vol. 24-14, July 15, 2024
How do I determine if I am an employer?
Chances
				are that if you employ one or more individuals to work for you, you are
				probably an employer.
				RCW
				 51.08.070,
				51.08.180 and
				51.08.195 all define the
				employer/employee relationship. These laws present the conditions that must
				exist before an exception or an independent contractor status can be
				recognized. Copies of these laws can be found in
Appendix A
of the
				workers' compensation underwriting manual. You may call one of our offices and
				a representative will help you determine if you are an employer. We are listed
				in the government pages of your local telephone directory, or you can call our
				underwriting section at (360) 902-4817 for assistance.
Statutory Authority:
				  RCW
				  51.16.035. 98-18-042, § 296-17-31005,
				  filed 8/28/98, effective 10/1/98.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17 - General reporting rules, audit and recordkeeping, rates and rating system for Washington workers' compensation insurance › Section 296-17-31006 - Application process

Current through Register Vol. 24-14, July 15, 2024
(1)
Where can
			 I buy workers' compensation insurance?
Washington law requires that you:
* Purchase your workers' compensation insurance through labor
				and industries. You will need to complete a
business license
				application
to obtain workers' compensation insurance from us;
				or
* Be certified as a self-insured employer by the self-insurance
				certification services section of the department of labor and industries. For
				more information on the self-insurance program go to
www.lni.wa.gov/selfinsurance
,
				additional resources and contact information are listed under "Contact
				Us."
Employers engaged exclusively in interstate or foreign commerce
				are permitted to purchase workers' compensation insurance from a private
				carrier in another state if they do business in that state. The workers'
				compensation laws of the other state must allow the Washington drivers to be
				covered in that state.
(2)
Where can I get a business license application?
You can file and
			 print a business license application
online at
www.dor.wa.gov
.
				You can pick up a paper business license application from:
* Any office of the department of labor and industries;
* Employment security;
* Department of revenue business licensing service
				office;
* The corporations division of the office of the secretary of
				state;
* For your convenience you can call us at 360-902-4817 and we
				will mail you one.
(3)
Where do I send my completed business license application?
You can mail your completed business license application to the
				department of revenue address shown on the form, or you can return it to your
				local department of labor and industries office, or department of employment
				security district tax office. Be sure to include the appropriate fees indicated
				on the form.
Statutory Authority:
				  RCW
				   51.04.020,
				  51.16.035, and
				  51.16.100. 12-11-109, §
				  296-17-31006, filed 5/22/12, effective 7/1/12. Statutory Authority:
				  RCW
				   51.16.035. 98-18-042, § 296-17-31006,
				  filed 8/28/98, effective 10/1/98.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17 - General reporting rules, audit and recordkeeping, rates and rating system for Washington workers' compensation insurance › Section 296-17-31008 - Notification requirements

Current through Register Vol. 24-14, July 15, 2024
(1)
Will
			 you notify me when you have opened my workers' compensation insurance
			 account?
Yes, we will notify you when we have opened your workers'
				compensation insurance account.
(2)
Will you contact me if you need
			 additional information about my business?
Yes, we will contact you if we need additional information to
				classify your business or establish your workers' compensation insurance
				account.
(3)
Will you
			 provide me with instructions on how to report and pay premiums to you?
Yes, we will send you a written notice describing the
				classification or classifications we have assigned to your business and how to
				report the worker hours or other exposure of your employees to us. You will
				receive a rate notice which will detail information about your premium rate and
				what portions of the rate you may deduct from your employees wages. You should
				keep these notices with your business records. A copy of a rate notice can be
				found in
Appendix B
of this manual.
(4)
Will you notify me if you are going
			 to change a classification assigned to my business?
Yes, if we need to change the classifications assigned to your
				business, we will send you a written notice describing the new classifications
				and when they become effective.
(5)
How do I notify my employees that
			 they are covered by workers' compensation insurance?
We will send you a certificate of coverage and a packet of
				information when we open your account. The packet will include some special
				notices which you are required to post in areas where employees frequently
				gather. Areas where you might consider posting the special notices include
				employee break rooms, employee bulletin boards, or areas where time cards are
				kept. These notices will inform your employees that they are covered for
				workers' compensation insurance under the Washington state fund and will tell
				them what they must do if they suffer a workplace injury or illness. The
				certificate of coverage should be posted in a place visible to the public. This
				certificate provides confirmation that you have obtained workers' compensation
				insurance coverage for your employees.
Statutory Authority:
				  RCW
				  51.16.035. 98-18-042, § 296-17-31008,
				  filed 8/28/98, effective 10/1/98.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17 - General reporting rules, audit and recordkeeping, rates and rating system for Washington workers' compensation insurance › Section 296-17-31010 - Premium cost

Current through Register Vol. 24-14, July 15, 2024
How much will I pay for workers' compensation
				insurance?
What you pay for workers' compensation insurance will vary
				by:
. The nature of the business you are
							 conducting,
. The specific classifications applicable to your
							 business,
. The unit of exposure applicable to your industry,
							 and
. Your company's experience factor.
You may call our underwriting section at (360) 902-4817 and one
				of our representatives will help you estimate your premium cost per
				hour.
Statutory Authority:
				  RCW
				  51.16.035. 98-18-042, § 296-17-31010,
				  filed 8/28/98, effective 10/1/98.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17 - General reporting rules, audit and recordkeeping, rates and rating system for Washington workers' compensation insurance › Section 296-17-31012 - Classification assignment

Current through Register Vol. 24-14, July 15, 2024
(1)
How
			 are classifications assigned to my business?
We begin by assigning a basic classification to your business
				based on the nature of your business. To determine the nature of your business,
				we need to understand your combined business operation(s), the products you
				produce and the services you provide in the state of Washington. We will not
				assign additional classifications to your business based on individual
				operations or occupations within your overall business unless:
* The basic classification assigned to your business either
				requires or permits separate classifications for specific operations or
				employments.
* Additional classifications are required or permitted by
WAC
				296-17-31017 Multiple
				classifications
or
WAC
				296-17-31018 Exception
				classifications
.
* The nature of your business is:
-Temporary help services,
WAC
				296-17A-7104
to
296-17A-7122
;
-Farming and agriculture,
WAC
				296-17-31014
;
-Construction business,
WAC
				296-17-31013
.
Note:
Classifying a business sometimes requires us
				to call or visit the employer to clarify the nature of their business
				operations.
(2)
What
			 if I have several businesses?
Each entity registered by a unique Unified Business Identifier
				(UBI) is classified separately based on the nature of its combined operations,
				without regard to any operations under any other UBI.
Statutory Authority:
				  RCW
				   51.16.035,
				  51.04.020. 00-14-052, §
				  296-17-31012, filed 7/1/00, effective 7/1/00. Statutory Authority:
				  RCW
				   51.16.035. 99-18-068, § 296-17-31012,
				  filed 8/31/99, effective 10/1/99; 98-18-042, § 296-17-31012, filed
				  8/28/98, effective 10/1/98.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17 - General reporting rules, audit and recordkeeping, rates and rating system for Washington workers' compensation insurance › Section 296-17-31016 - Classification by analogy

Current through Register Vol. 24-14, July 15, 2024
How do you determine what classification(s) to assign to
				a business if the type of business is not specifically noted in the
				classification plan?
Because technologies and processes continually evolve,
				sometimes new types of businesses are not yet specifically identified in our
				classification plan. Under these circumstances, we continue to classify by the
				nature of an employer's business.
Department staff review the combined overall operations and
				occupations of the business to determine the nature of the business. Once we
				have determined the nature of business, we look for other businesses that have
				similar processes, use similar equipment, and whose operations are likely to
				produce the same level of risk as the new business. This is called classifying
				by analogy.
Example:
When indoor simulated golf was first
				introduced as a business model in Washington state, this type of business was
				not yet identified by our classification plan. Because the operations of indoor
				simulated golf take place indoors and rely on computer regulated screens
				operating within individual cubicles, the nature of business was determined to
				be significantly different than that of golf courses, driving ranges, and
				miniature golf. By analogy, the department determined the combined overall
				operations of indoor simulated golf aligned more closely to those of casinos
				and billiard halls than to any other golfing enterprise, and classified
				accordingly.
Statutory Authority:
				  RCW
				   51.16.035. 98-18-042, § 296-17-31016,
				  filed 8/28/98, effective 10/1/98.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17 - General reporting rules, audit and recordkeeping, rates and rating system for Washington workers' compensation insurance › Section 296-17-310171 - How to report hours for employees supporting multiple business operations (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   51.04.020,
				  51.16.035, and
				  51.16.100. 12-11-109, §
				  296-17-310171, filed 5/22/12, effective 7/1/12. Statutory Authority:
				  RCW
				   51.16.035 and
				  51.04.020. 10-10-108, §
				  296-17-310171, filed 5/4/10, effective
				  7/1/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17 - General reporting rules, audit and recordkeeping, rates and rating system for Washington workers' compensation insurance › Section 296-17-31019 - Standard exception classification describes business

Current through Register Vol. 24-14, July 15, 2024
What if the only classification that describes my
				business is a standard exception classification? How do you assign
				classifications to my business?
When this happens we will assign the standard exception
				classification that best fits your business. Any work performed by employees
				that is outside of the scope of the exception classification will be classified
				according to the type of work being performed.
Example:
You operate an insurance company.
				Besides having office and sales employees you have a printing department where
				you produce office stationery, brochures, and insurance policies, and
				maintenance employees to clean the office. We would assign classification 4904
				to your office employees, classification 6303 to your sales employees,
				classification 4101 for your printing operation and classification 6602 for
				your janitorial staff. Since classifications 4904 and 6303 are standard
				exceptions, they do not include printing or maintenance
				operations.
Statutory Authority:
				  RCW
				  51.16.035. 98-18-042, § 296-17-31019,
				  filed 8/28/98, effective 10/1/98.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17 - General reporting rules, audit and recordkeeping, rates and rating system for Washington workers' compensation insurance › Section 296-17-31022 - Reporting exception classification employees

Current through Register Vol. 24-14, July 15, 2024
How do I report exception classification employees on my
				quarterly report?
If the language of the basic classification assigned
				to your business does not include those occupations, operations or employments
				which we have defined by exception classifications and treatments, you may
				report them separately in the applicable exception classification. To report
				these employments, operations and occupations separately, you must meet all of
				the conditions specified in the exception classification rules which are
				applicable to the classification.
Statutory Authority:
				  RCW
				  51.16.035. 98-18-042, § 296-17-31022,
				  filed 8/28/98, effective 10/1/98.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17 - General reporting rules, audit and recordkeeping, rates and rating system for Washington workers' compensation insurance › Section 296-17-31023 - Premium reporting How often will I need to report and pay premiums?

Current through Register Vol. 24-14, July 15, 2024
Most employers will report and pay premiums once every three
				months. We refer to these three-month periods as quarters. For example, the
				months of January, February, and March represent the first quarter of a
				calendar year. In some cases employers report at more frequent
				intervals.
Example:
Reforestation
				contractors report on a contract basis for any project over ten thousand
				dollars. Since contracts may last only a few days, reforestation contractors
				may file reports daily, weekly, and monthly.
If you do not have employees during a quarter, you must report
				by the due date and indicate "no payroll" or "no employees" . If you do not
				submit reports when required, we will estimate premiums and initiate legal
				action against you to collect premiums due.
Statutory Authority:
				  RCW
				   51.16.035. 98-18-042, § 296-17-31023,
				  filed 8/28/98, effective 10/1/98.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17 - General reporting rules, audit and recordkeeping, rates and rating system for Washington workers' compensation insurance › Section 296-17-31024 - Classification premium rates

Current through Register Vol. 24-14, July 15, 2024
How do you determine what rate to charge me?
You
				are charged premiums using base rates for each of your risk classifications.
				These premiums include rates for each of the four different premiums you are
				required to pay: Accident fund premiums, medical aid fund premiums,
				stay-at-work program premiums, and supplemental pension fund premiums. Your
				premiums for each classification are determined by multiplying your experience
				factor by the sum of the accident fund, medical aid fund and stay-at-work
				program base rates for that class, and then adding the supplemental pension
				fund rate.
Statutory Authority:
				  RCW
				  51.16.035,
				  51.32.073,
				  51.08.010, and
				  51.04.020(1).
				  11-24-026, § 296-17-31024, filed 12/1/11, effective 1/1/12. Statutory
				  Authority:
				  RCW
				   51.16.035,
				  51.16.100. 05-12-031, §
				  296-17-31024, filed 5/24/05, effective 7/1/05. Statutory Authority:
				  RCW
				   51.04.020 and
				  51.16.035. 04-18-025, §
				  296-17-31024, filed 8/24/04, effective 10/1/04. Statutory Authority:
				  RCW
				  51.16.035. 98-18-042, § 296-17-31024,
				  filed 8/28/98, effective 10/1/98.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17 - General reporting rules, audit and recordkeeping, rates and rating system for Washington workers' compensation insurance › Section 296-17-31025 - Change in business operations

Current through Register Vol. 24-14, July 15, 2024
If I change the type of business I operate, or add a new
				operation, should I call you?
Yes, we rely on you to update us about
				changes in your business operations. We provide a place on your quarterly
				premium reports to let us know about any changes you have made. If you need
				help determining if changes to your account are necessary, you can call your
				account manager. Depending on the type of change you are making, you may need
				to complete a new master application. The name and phone number of your account
				manager can be found on your quarterly premium report or annual rate notice.
				For your convenience you can call us at 360-902-4817 and we will put you in
				contact with your assigned account manager.
Statutory Authority:
				  RCW
				  51.04.020 and
				  51.16.035. 04-18-025, §
				  296-17-31025, filed 8/24/04, effective 10/1/04. Statutory Authority:
				  RCW
				   51.16.035. 98-18-042, § 296-17-31025,
				  filed 8/28/98, effective 10/1/98.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17 - General reporting rules, audit and recordkeeping, rates and rating system for Washington workers' compensation insurance › Section 296-17-31026 - Reporting multiple business operations

Current through Register Vol. 24-14, July 15, 2024
If I have more than one business, can I report them on
				the same account?
The way the businesses are organized will make a
				difference. Each separate "
ownership type
" must be classified
				and reported separately from any other much the same way you must keep each
				business' financial records separate from any other. Your master application
				must specify the "
ownership type
" of your business, such as,
				sole proprietor, partnership, corporation, etc. If that one ownership type
				registration is for more than one location of the same business or more than
				one type of business, you can choose to report all of them on the same account
				or on separate accounts. However, if you register each as a separate ownership
				type, you must report them on separate accounts.
Statutory Authority:
				  RCW
				  51.16.035. 98-18-042, § 296-17-31026,
				  filed 8/28/98, effective 10/1/98.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17 - General reporting rules, audit and recordkeeping, rates and rating system for Washington workers' compensation insurance › Section 296-17-31028 - Closing accounts What are my responsibilities when I close my business, or when I no longer have employees?

Current through Register Vol. 24-14, July 15, 2024
You must notify us in writing when you close your business or
				when you no longer have employees. You may send a letter, email, or request to
				have your account closed when you file your final quarterly report. We will not
				close your account from a telephone call.
Statutory Authority:
				  RCW
				   51.16.035. 98-18-042, § 296-17-31028,
				  filed 8/28/98, effective 10/1/98.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17 - General reporting rules, audit and recordkeeping, rates and rating system for Washington workers' compensation insurance › Section 296-17-31030 - Successorship and other transfers of ownership

Current through Register Vol. 24-14, July 15, 2024
RCW  51.16.200 requires a taxpayer
				to make a return and pay the tax due to the department of labor and industries
				within ten days of quitting business, selling out, exchanging, or otherwise
				disposing of the employer's business or stock of goods. If this tax is not paid
				by the employer, any successor to the employer becomes liable for the full
				amount of the tax.
				RCW
				 51.08.177 defines the term "successor."
				Subsections (1) through (3) of this section provide an interpretation of
				successorship issues.
(1)
What
			 does the term "a major part" mean as that term is used in
			 RCW
			  51.08.177?
A major part refers to a
			 significant or substantial portion of a business's property. Major does not
			 mean more than half.
Example:
A sand and gravel business owns
				several trucks and a gravel pit as its primary assets. Each may be considered
				"a major part" of the property of the taxpayer.
(2)
Can a taxpayer/employer have more
			 than one successor?
Yes.
Example:
Using the sand and gravel
				business in the example above, if the gravel pit were to be sold to one
				business (A) and the fleet of trucks to another business (B), both A and B
				would be considered successors.
(3)
What is intangible property?
Intangible property is property that has no physical existence, but may have
			 value.
Example:
The most common example is
				"goodwill." Goodwill is the value of a trade or business based on expected
				continued customer patronage due to its name, reputation, or any other factor.
				Other examples of intangible property include literary rights, bank accounts,
				customer lists, and internet domain names.
Statutory Authority: 2004 c 243,
				  RCW
				  51.04.020 and
				  51.16.035. 04-20-023, §
				  296-17-31030, filed 9/28/04, effective
				  11/1/04.