Workers' compensation

AN ACT Relating to workers' compensation benefits; amending RCW 1
51.32.010 and 51.32.060; and providing an effective date.2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 51.32.010 and 1977 ex.s. c 350 s 37 are each amended 4
to read as follows: 5
((Each)) (1) Except as provided in subsection (2) of this 6
section, each worker injured in the course of ((his or her )) the 7
worker's employment, or ((his or her )) the worker's family or 8
dependents in case of death of the worker, shall receive compensation 9
in accordance with this chapter, and, except as in this title 10
otherwise provided, such payment shall be in lieu of any and all 11
rights of action whatsoever against any person whomsoever ((: 12
PROVIDED, That if an injured)).13
(2)(a) If an injured worker, or the surviving spouse of an 14
injured worker shall not have the legal custody of a child for, or on 15
account of whom payments are required to be made under this title, 16
such payment or payments shall be made to the person or persons 17
having the legal custody of such child but only for the periods of 18
time after the department has been notified of the fact of such legal 19
custody, and it shall be the duty of any such person or persons 20
S-0912.1
SENATE BILL 5548
State of Washington 69th Legislature 2025 Regular Session
By Senator Shewmake
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receiving payments because of legal custody of any child immediately 1
to notify the department of any change in such legal custody.2
(b)(i) The payment or payments to be made to the person or 3
persons having the legal custody of a worker's child shall be two 4
percent of the worker's wages, excluding the employer's payment or 5
contribution for health care benefits.6
(ii) The payment to be made to the worker or surviving spouse 7
under this chapter shall be reduced by the amount of the payment or 8
payments to be made to person or persons having the legal custody of 9
a worker's child or children under (b)(i) of this subsection (2).10
Sec. 2. RCW 51.32.060 and 2007 c 284 s 2 are each amended to 11
read as follows: 12
(1) ((When)) For claims filed on or after July 1, 2026, when the 13
supervisor of industrial insurance shall determine that permanent 14
total disability results from the injury, the worker shall receive 15
monthly during the period of such disability, except as provided in 16
RCW 51.32.010:17
(a) One hundred percent of the employer's payment or contribution 18
for health care benefits, unless the employer continues ongoing and 19
current payment or contributions for these benefits at the same level 20
as provided at the time of injury; and21
(b) A percentage of the worker's wages, excluding the worker's 22
employer's payment or contribution for health care benefits, as 23
follows:24
25
26
Worker's status Percentage of the
worker's wages
27 Unmarried with no children 60 percent
28 Unmarried with one child or married with no children 65 percent
29 Unmarried with two children or married with one child 67 percent
30 Unmarried with three children or married with two children 69 percent
31 Unmarried with four children or married with three children 71 percent
32 Unmarried with five children or married with four children 73 percent
33 Unmarried with six children or married with five children 75 percent
(2) For claims filed before July 1, 2026, when the supervisor of 34
industrial insurance shall determine that permanent total disability 35
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results from the injury, the worker shall receive monthly during the 1
period of such disability: 2
(a) If married at the time of injury, sixty -five percent of his 3
or her wages. 4
(b) If married with one child at the time of injury, sixty -seven 5
percent of his or her wages. 6
(c) If married with two children at the time of injury, 7
sixty-nine percent of his or her wages. 8
(d) If married with three children at the time of injury, 9
seventy-one percent of his or her wages. 10
(e) If married with four children at the time of injury, 11
seventy-three percent of his or her wages. 12
(f) If married with five or more children at the time of injury, 13
seventy-five percent of his or her wages. 14
(g) If unmarried at the time of the injury, sixty percent of his 15
or her wages. 16
(h) If unmarried with one child at the time of injury, sixty -two 17
percent of his or her wages. 18
(i) If unmarried with two children at the time of injury, 19
sixty-four percent of his or her wages. 20
(j) If unmarried with three children at the time of injury, 21
sixty-six percent of his or her wages. 22
(k) If unmarried with four children at the time of injury, 23
sixty-eight percent of his or her wages. 24
(l) If unmarried with five or more children at the time of 25
injury, seventy percent of his or her wages. 26
(((2))) (3) For any period of time where both ((husband and 27
wife)) spouses are entitled to compensation as temporarily or totally 28
disabled workers, only that spouse having the higher wages of the two 29
shall be entitled to claim their child or children for compensation 30
purposes. 31
(((3))) (4) In case of permanent total disability, if the 32
character of the injury is such as to render the worker so physically 33
helpless as to require the hiring of the services of an attendant, 34
the department shall make monthly payments to such attendant for such 35
services as long as such requirement continues, but such payments 36
shall not obtain or be operative while the worker is receiving care 37
under or pursuant to the provisions of chapter 51.36 RCW and RCW 38
51.04.105. 39
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(((4))) (5) Should any further accident result in the permanent 1
total disability of an injured worker, ((he or she )) the injured 2
worker shall receive the pension to which ((he or she )) the injured 3
worker would be entitled, notwithstanding the payment of a lump sum 4
for ((his or her)) the injured worker's prior injury.5
(((5))) (6) In no event shall the monthly payments provided in 6
this section: 7
(a) Exceed the applicable percentage of the average monthly wage 8
in the state as computed under the provisions of RCW 51.08.018 as 9
follows: 10
11 AFTER PERCENTAGE
12 June 30, 1993 105%
13 June 30, 1994 110%
14 June 30, 1995 115%
15 June 30, 1996 120%
(b) For dates of injury or disease manifestation after July 1, 16
2008, be less than fifteen percent of the average monthly wage in the 17
state as computed under RCW 51.08.018 plus an additional ten dollars 18
per month if a worker is married and an additional ten dollars per 19
month for each child of the worker up to a maximum of five children 20
for claims filed before July 1, 2026, and six children for claims 21
filed on or after July 1, 2026 . However, if the monthly payment 22
computed under this subsection (((5))) (6)(b) is greater than one 23
hundred percent of the wages of the worker as determined under RCW 24
51.08.178, the monthly payment due to the worker shall be equal to 25
the greater of the monthly wages of the worker or the minimum benefit 26
set forth in this section on June 30, 2008. 27
The limitations under this subsection shall not apply to the 28
payments provided for in subsection (((3))) (4) of this section.29
(((6))) (7) In the case of new or reopened claims, if the 30
supervisor of industrial insurance determines that, at the time of 31
filing or reopening, the worker is voluntarily retired and is no 32
longer attached to the workforce, benefits shall not be paid under 33
this section. 34
(((7))) (8) The benefits provided by this section are subject to 35
modification under RCW 51.32.067. 36
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NEW SECTION. Sec. 3. This act takes effect July 1, 2026.1
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