RCW 51.48.017
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.
[ 2020 c 277 § 2; 2010 c 8 § 14011; 1985 c 347 § 3; 1971 ex.s. c 289 § 66.]
NOTES:
Effective date—2020 c 277 §§ 1-7: See note following RCW 51.48.010.
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.
Structure Revised Code of Washington
Title 51 - Industrial Insurance
51.48.017 - Self-insurer delaying or refusing to pay benefits.
51.48.022 - Failure to secure payment of compensation—Stop work order—Penalty—Rules.
51.48.025 - Retaliation by employer prohibited—Investigation—Remedies.
51.48.030 - Failure to keep records and make reports.
51.48.040 - Inspection of employer's records.
51.48.050 - Liability for illegal collections for medical aid.
51.48.075 - Information and training on premium liability.
51.48.080 - Violation of rules.
51.48.095 - Adjustment for inflation.
51.48.100 - Waiver—Penalty-free periods.
51.48.103 - Engaging in business without certificate of coverage—Unlawful actions—Penalties.
51.48.105 - Failure to apply for coverage of employees—Not applicable, when.
51.48.110 - Decedent having no beneficiaries—Payment into supplemental pension fund.
51.48.120 - Notice of assessment for default in payments by employer—Issuance—Service—Contents.
51.48.131 - Notice of assessment for default in payments by employer—Appeal.
51.48.160 - Revocation of certificate of coverage for failure to pay warrants or taxes.
51.48.170 - Emergency assessment and collection of taxes.
51.48.180 - Emergency assessment and collection of taxes—Distraint and sale of property.
51.48.190 - Emergency assessment and collection of taxes—Conduct of sale.
51.48.220 - Order of execution upon property—Procedure—Sale.
51.48.230 - Order of execution upon property—Enforcement.
51.48.240 - Agents and employees of department not personally liable—Conditions.
51.48.250 - Liability of persons wilfully obtaining erroneous payments—Civil penalties.
51.48.260 - Liability of persons unintentionally obtaining erroneous payments.
51.48.270 - Criminal liability of persons making false statements or concealing information.
51.48.280 - Kickbacks, bribes, and rebates—Representation fees—Criminal liability—Exceptions.
51.48.290 - Written verification by health services providers.