Wednesday, September 30, 2026
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Washington
Key Takeaways
Impacted Employers: Washington employers
Effective Date: January 1, 2028
Summary: Washington has enacted legislation that extends Workers’ Compensation protections under state law.
Next Steps: Update safety policies and procedures, and train managers on the changes under the law.
The Details
The state of Washington has enacted legislation (Substitute Senate Bill 5847), which extends Workers’ Compensation protections. The employer requirements under the law take effect Jan. 1, 2028.
Under the law, upon notice of an injury, an employer must inform their injured worker that the worker has the rights to:
- Seek initial treatment or emergency medical treatment with a provider of the worker's own choice; and
- Seek further treatment with a provider of the worker's own choice from within the medical provider network.
Worker notice
If a worker is unable to find a provider in the medical provider network who is willing to treat the worker, or serve as the attending provider, within 25 miles of the worker's home, the worker may provide notice of this fact to the Washington Department of Labor and Industries (the Department) or the self-insured employer.
Employer Notice
Within 10 calendar days of receiving the notice, the Department or self-insured employer must send the worker a declaration developed by the Department to sign certifying this fact.
Upon receipt of the signed declaration, the Department or self-insured employer has 10 calendar days to assist the worker in finding a provider in the medical provider network or who agrees to join the medical provider network to treat the worker.
If no provider is found, the worker may:
- Seek treatment from a non-network provider; or
- Select an attending provider who is not in the medical provider network, within 25 miles of the worker's home, if the provider agrees to:
- Be paid under the Department's medical aid rules and fee schedules; and
- Sign a non-network provider agreement.
The Department or self-insured employer shall pay for such treatment following the Department's medical aid rules and fee schedules.
If a worker has met certain conditions under the law, they may immediately receive treatment from a non-network provider, regardless of whether the provider has completed a non-network provider agreement or application to the medical provider network.
Nonretaliation
Under the law, an employer cannot require or coerce (including threatening, retaliating against or place improper pressure) on an injured worker to seek medical treatment from a specific provider or clinic.
Note: An employer may provide on-site medical care to a worker if the worker so chooses.
Penalties
An employer found to have violated the law may face penalties, and different penalties exist for self-insured employers and employers insured by the state.
See the text of the law for further details.
Next Steps
Update safety policies and procedures and train managers on the changes under the law by Jan. 1, 2028.