Workers' comp deadlines in Washington: tell your employer and file

Tell your employer in Washington

Counted from

The date of the accident

In writing?

The law does not require writing

If you are late

The law sets no penalty for telling your employer late. What counts is the claim deadline: L&I or your self-insured employer must receive your Report of Accident within 1 year of the injury.

Illness that develops over time

Tell your employer as soon as a doctor diagnoses an occupational disease.

Tell your employer, superintendent or supervisor right away ('forthwith') when you are injured on the job or diagnosed with an occupational disease. The law does not set a number of days or require a written notice to the employer. The claim itself (Report of Accident) is filed separately with L&I or your self-insured employer.

Law: RCW 51.28.010(1)

Source: lni.wa.gov

File your claim in Washington

Time limit

1 year

Counted from

The day of the injury (for an occupational disease: 2 years from the date a doctor or nurse practitioner gave you written notice of the disease and that you can file a claim)

What to file

Report of Accident, filed with L&I online (FileFast), by phone at 1-877-561-3453, or at your doctor's office; if your employer is self-insured, the Self-Insurer Accident Report (SIF-2), filed with your employer

Claim form

Report of Accident (state fund claims; filed with L&I through FileFast, by phone, or at your doctor's office)

Who files it

Get medical help and tell your employer. Then you file the Report of Accident with L&I: online with FileFast, by phone at 1-877-561-3453, or at your doctor's office, where the doctor sends it for you. If your employer is self-insured, you file a Self-Insurer Accident Report (SIF-2) with your employer, and the doctor sends a Physician's Initial Report to the employer's claim representative.

What your employer must do

Your employer must report the accident to L&I at once when you have seen a doctor, been hospitalized, missed work, or died, must make sure you get prompt medical care, and must complete the employer section of the accident report. Your employer may not discourage you from reporting an injury or filing a claim (claim suppression).

When the insurer decides

Your doctor has 5 days to send the report to L&I or your self-insured employer. If you qualify for wage replacement and no more information is needed, the first check is sent within 14 days after L&I or the self-insured employer receives the report. Decisions are sent to you as written orders that you can protest or appeal within 60 days.

Illness that develops over time

A claim for an occupational disease must be filed within 2 years after a doctor (or advanced registered nurse practitioner) gives you written notice that you have an occupational disease and that you can file a claim. Hearing-loss claims from work noise must be filed within 2 years after your last harmful noise exposure at work.

L&I or your self-insured employer must receive your Report of Accident within 1 year after the day you were injured. Otherwise the claim is not valid. If L&I finds that your employer discouraged you from filing (claim suppression) and you complained within 2 years of the injury, L&I may waive the 1-year limit; the claim must then be filed within 90 days of that finding.

Law: RCW 51.28.050, 51.28.055, 51.28.025(5)

Law: RCW 51.28.010, 51.28.020

Source: lni.wa.gov

Waiting period and first payment in Washington

Waiting period

Time-loss is not paid for the day you were injured or the 3 days after it, unless you are still disabled 7 days after the injury.

Paid back for the waiting days

If your disability continues for 7 calendar days in a row from the date of injury, you are paid for the first 3 days too. Trying to go back to work during the first 7 days does not break the 7-day period if you are still disabled 7 days after the injury.

First payment

The first check is sent within 14 days after L&I or your self-insured employer receives your Report of Accident, if you are eligible and no more information is needed. Time-loss is then paid twice a month or every two weeks while your provider certifies that you cannot work. If a self-insured employer unreasonably delays or refuses payment, L&I can order a penalty paid to you.

How often you are paid

Twice a month or every two weeks

Law: RCW 51.32.090(7), 51.48.017

Source: lni.wa.gov

Deadline if you are punished for filing

Within 90 days of the date of the violation.

Law: RCW 51.48.025

Deadline helper

Count your dates with the deadline helper · Write the notice to your employer