RCW 51.28.020
1,043 words·~5 min read·
/wa/title-51/chapter-51-28/51-28-020·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)(a) Where a worker is entitled to compensation under this title he or she shall file with the department or his or her self-insured employer, as the case may be, his or her application for such, together with the certificate of the physician, osteopathic physician, chiropractor, naturopath, podiatric physician, optometrist, dentist, licensed *advanced registered nurse practitioner, physician assistant, or psychologist in claims solely for mental health conditions, who attended him or her. An application form developed by the department shall include a notice specifying the worker's right to receive health services from a provider of the worker's choice under RCW 51.36.010 (2)(a), and listing the types of providers authorized to provide these services.
(b)The physician, osteopathic physician, chiropractor, naturopath, podiatric physician, optometrist, dentist, licensed *advanced registered nurse practitioner, physician assistant, or psychologist in claims solely for mental health conditions, who attended the injured worker shall inform the injured worker of his or her rights under this title and lend all necessary assistance in making this application for compensation and such proof of other matters as required by the rules of the department without charge to the worker. The department shall provide a manual which outlines the procedures to be followed in applications for compensation involving occupational diseases, and which describes claimants' rights and responsibilities related to occupational disease claims.
(2)If the application required by this section is:
(a)Made to the department and the employer has not received a copy of the application, the department shall immediately send a copy of the application to the employer; or
(b)Made to a self-insured employer, the employer shall forthwith send a copy of the application to the department.
(3)The application required by this section may be transmitted to the department electronically.
[ 2023 c 171 s 4 ; 2005 c 108 s 3 ; (2005 c 108 s 2 expired June 30, 2007); 2004 c 65 s 4 ; 2001 c 231 s 2 ; 1984 c 159 s 3 ; 1977 ex.s. c 350 s 33 ; 1971 ex.s. c 289 s 38 ; 1961 c 23 s 51.28.020 . Prior: 1927 c 310 s 6, part; 1921 c 182 s 7, part; 1911 c 74 s 12, part; RRS s 7686, part.]
Notes:
*Reviser's note: The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.
Effective date — Retroactive application — 2023 c 171: See note following RCW 51.04.050 .
Effective date — 2005 c 108 s 3: "Section 3 of this act takes effect June 30, 2007." [ 2005 c 108 s 6 .]
Expiration date — 2005 c 108 s 2: "Section 2 of this act expires June 30, 2007." [ 2005 c 108 s 5 .]
Report to legislature — Effective date — Severability — 2004 c 65: See notes following RCW 51.04.030 .
Effective date — 2001 c 231: See note following RCW 51.28.010 .
Effective dates — Severability — 1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070 .
RCW 51.28.020
Worker's application for compensation — Attending provider to aid in. (Effective June 30, 2027.)
(1)(a) Where a worker is entitled to compensation under this title he or she shall file with the department or his or her self-insured employer, as the case may be, his or her application for such, together with the certificate of the physician, osteopathic physician, chiropractor, naturopath, podiatric physician, optometrist, dentist, licensed advanced practice registered nurse, physician assistant, or psychologist in claims solely for mental health conditions, who attended him or her. An application form developed by the department shall include a notice specifying the worker's right to receive health services from a provider of the worker's choice under RCW 51.36.010 (2)(a), and listing the types of providers authorized to provide these services.
(b)The physician, osteopathic physician, chiropractor, naturopath, podiatric physician, optometrist, dentist, licensed advanced practice registered nurse, physician assistant, or psychologist in claims solely for mental health conditions, who attended the injured worker shall inform the injured worker of his or her rights under this title and lend all necessary assistance in making this application for compensation and such proof of other matters as required by the rules of the department without charge to the worker. The department shall provide a manual which outlines the procedures to be followed in applications for compensation involving occupational diseases, and which describes claimants' rights and responsibilities related to occupational disease claims.
(2)If the application required by this section is:
(a)Made to the department and the employer has not received a copy of the application, the department shall immediately send a copy of the application to the employer; or
(b)Made to a self-insured employer, the employer shall forthwith send a copy of the application to the department.
(3)The application required by this section may be transmitted to the department electronically.
[ 2025 c 58 s 5114 ; 2023 c 171 s 4 ; 2005 c 108 s 3 ; (2005 c 108 s 2 expired June 30, 2007); 2004 c 65 s 4 ; 2001 c 231 s 2 ; 1984 c 159 s 3 ; 1977 ex.s. c 350 s 33 ; 1971 ex.s. c 289 s 38 ; 1961 c 23 s 51.28.020 . Prior: 1927 c 310 s 6, part; 1921 c 182 s 7, part; 1911 c 74 s 12, part; RRS s 7686, part.]
Notes:
Effective date — 2025 c 58 ss 5058-5170: See note following RCW 7.68.030 .
Explanatory note — 2025 c 58: See note following RCW 1.16.050 .
Effective date — Retroactive application — 2023 c 171: See note following RCW 51.04.050 .
Effective date — 2005 c 108 s 3: "Section 3 of this act takes effect June 30, 2007." [ 2005 c 108 s 6 .]
Expiration date — 2005 c 108 s 2: "Section 2 of this act expires June 30, 2007." [ 2005 c 108 s 5 .]
Report to legislature — Effective date — Severability — 2004 c 65: See notes following RCW 51.04.030 .
Effective date — 2001 c 231: See note following RCW 51.28.010 .
Effective dates — Severability — 1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070 .