51.48.010  <<  51.48.017 >>   51.48.020

Self-insurer delaying or refusing to pay benefits.

(1) Every time a self-insurer unreasonably delays or refuses to pay benefits as they become due, the self-insurer shall pay a penalty not to exceed the greater of one thousand dollars or twenty-five percent of: (a) The amount due or (b) each underpayment made to the claimant. For purposes of this section, "the amount due" means the total amount of payments due at the time of the calculation of the penalty.
(2) In making the determination of the penalty amount, the department shall weigh at least the following factors: The amount of any payment delayed, employer communication of the basis for or calculation of the payment, history or past practice of underpayments by the employer, department orders directing the payment, and any required adjustments to the amount of the payment.
(3) The director shall issue an order determining whether there was an unreasonable delay or refusal to pay benefits and the penalty amount owed within thirty days upon the request of the claimant. Such an order shall conform to the requirements of RCW 51.52.050.
(4) The penalty shall accrue for the benefit of the claimant and shall be paid to the claimant with the benefits which may be assessed under this title.
(5) This section applies to all requests for penalties made after September 1, 2020.

NOTES:

Effective date2020 c 277 §§ 1-7: See note following RCW 51.48.010.
Effective datesSeverability1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.
Site Contents
Selected content listed in alphabetical order under each group