When a Washington worker is injured out-of-state
Washington workers cannot waive their rights to their Washington workers’ compensation benefits.
Washington workers have a right to file a claim in Washington. They can file the claim with L&I even if you report their hours on an out-of-state supplemental report and pay premiums to an out-of-state insurer. You are required to inform your workers of their right to file in Washington State.
An injured worker may file a claim in both Washington State and in the state or country in which they were injured, but any benefits they receive from L&I will be adjusted based on any benefits paid by the other state.
Laws & Rules
- RCW: 51.04.060 No evasion of benefits or burdens
- RCW 51.12.120 Extraterritorial coverage
- WAC 296-17-35203(8) Special reporting instruction
- Application for Out-of-State Supplemental Reporting
- Washington Workers Insured Out of State: Employer's Out-of-State Supplemental Quarterly Report for Workers' Compensation