Revised Code of Washington

Wash. Rev. Code § 51.16.035 (2026)

✓ current as of May 2026

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*** CHANGE IN 2026 *** (SEE 6136.SL) ***

(1) The department shall classify all occupations or industries in accordance with their degree of hazard and fix therefor basic rates of premium which shall be:

(a) The lowest necessary to maintain actuarial solvency of the accident and medical aid funds in accordance with recognized insurance principles; and

(b) Designed to attempt to limit fluctuations in premium rates.

(2) The department shall formulate and adopt rules governing the method of premium calculation and collection and providing for a rating system consistent with recognized principles of workers' compensation insurance which shall be designed to stimulate and encourage accident prevention and to facilitate collection. The department may annually, or at such other times as it deems necessary to achieve the objectives under this section, readjust rates in accordance with the rating system to become effective on such dates as the department may designate.

(3)(a) After the first report is issued by the state auditor under RCW 51.44.115, the workers' compensation advisory committee shall review the report and, as the committee deems appropriate, may make recommendations to the department concerning:

(i) The level or levels of a contingency reserve that are appropriate to maintain actuarial solvency of the accident and medical aid funds, limit premium rate fluctuations, and account for economic conditions; and

(ii) When surplus funds exist in the trust funds, the circumstances under which the department should give premium dividends, or similar measures, or temporarily reduce rates below the rates fixed under subsection (1) of this section, including any recommendations regarding notifications that should be given before taking the action.

(b) Following subsequent reports issued by the state auditor under RCW 51.44.115, the workers' compensation advisory committee may, as it deems appropriate, update its recommendations to the department on the matters covered under (a) of this subsection.

(4) In providing a retrospective rating plan under RCW 51.18.010, the department may consider each individual retrospective rating group as a single employing entity for purposes of dividends or premium discounts.

[ 2005 c 410 s 1; 1999 c 7 s 8; 1989 c 49 s 1; 1980 c 129 s 4; 1977 ex.s. c 350 s 24; 1971 ex.s. c 289 s 16.]

Notes:

Applicability—2005 c 410 s 1: "Section 1 of this act applies to industrial insurance rates adopted by the department of labor and industries that take effect on or after January 1, 2008." [ 2005 c 410 s 2.]

Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.

Notes of Decisions

Cited in 29 cases (4 in the last 5 years), 1973–2024 · leading case: WR Enter., Inc. v. Dep't of Labor & Indus., 147 Wash. 2d 213 (Wash. 2002).

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WR Enter., Inc. v. Dep't of Labor & Indus., 147 Wash. 2d 213 (Wash. 2002). · cites it 43× “In the two relevant claims, WRE alleges (1) that the Department’s method for setting premium rates for worker’s compensation insurance exceeds its statutory authority under RCW 51.16.035 and decisions from this court, and (2) that the supplemental pension fund rate exceeds the…”

WR Enter., Inc. v. Dep't of Labor & Indus., 53 P.3d 504 (Wash. 2002). · cites it 43× “In the two relevant claims, WRE alleges (1) that the Department's method for setting premium rates for worker's compensation insurance exceeds its statutory authority under RCW 51.16.035 and decisions from this court, and (2) that the supplemental pension fund rate exceeds the…”

Nw. Indep. Forest Mfrs. v. Dep't of Labor & Indus., 899 P.2d 6 (Wash. Ct. App. 1995). · cites it 3× “See RCW 51.16.035. When an employer or group enrolls, it pays a standard industrial insurance premium for the ensuing "coverage year”.”

Johnson v. Tradewell Stores, Inc., 630 P.2d 441 (Wash. 1981). · cites it 4× “RCW 51.16.035; 51.44.010, .020. Since these funds are the only source of benefits for employees whose employers are covered under the state system, any litigation which increased employee benefits would affect the accident fund.”

Cockle v. Dept. of Labor & Indus., 16 P.3d 583 (Wash. 2001). “RCW 51.16.035. At no time in the Department's underwriting of the risk for Washington employers did the Department take into consideration the possibility wages to be paid to injured workers might include medical and dental insurance and untold other fringe benefits.”

Cockle v. Dep't of Labor & Indus., 142 Wash. 2d 801 (Wash. 2001). “RCW 51.16.035. At no time in the Department’s underwriting of the risk for Washington employers did the Department take into consideration the possibility that wages to be paid to injured workers might include medical and dental insurance and untold other fringe benefits.”

Di Pietro Trucking Co. v. Dep't of Labor, 145 P.3d 419 (Wash. Ct. App. 2006). · cites it 44× “Di Pietro argues that L&I exceeded its authority under RCW 51.16.035 in adopting WAC 296-17-870(3), which allows L&I to increase an employer’s industrial insurance premium based on the “average death value” in Washington rather than on the actual cost of the deceased worker’s…”

In Re the Pers. Restraint of Powell, 602 P.2d 711 (Wash. 1979). · cites it 2× “In both cases the delegations of power were held to be constitutional. We consider it crucial that the regulatory schemes challenged in those cases directly affected only the economic interests of the parties.”

Washington State Sch. Directors Ass'n v. Dep't of Labor & Indus., 510 P.2d 818 (Wash. 1973). · cites it 3× “010 in 1971, and the enactment of RCW 51.16.035, which provides: The department shall classify all occupations or industries in accordance with their degree of hazard and fix therefor basic rates of premium which shall he the lowest necessary to maintain actuarial solvency of…”

Birklid v. Boeing Co., 904 P.2d 278 (Wash. 1995). “RCW 51.16.035 (rating system designed to stimulate and encourage accident prevention).”

Birklid v. Boeing Co., 11 I.E.R. Cas. (BNA) 97 (Wash. 1995). “RCW 51.16.035 (rating system designed to stimulate and encourage accident prevention).”

Crown Zellerbach Corp. v. Dep't of Labor & Indus., 653 P.2d 626 (Wash. 1982). · cites it 2× “" This statute only refers to the Department's adopting a rating system classifying various occupations and fixing basic rates of premiums. 4 The statutes do not, however, require that collection of administrative expenses be in accordance with recognized insurance principles.”

Show all 29 citing cases →

— Wash. Rev. Code § 51.16.035(1) — 3 cases

WR Enter., Inc. v. Dep't of Labor & Indus., 147 Wash. 2d 213 (Wash. 2002). “In the two relevant claims, WRE alleges (1) that the Department’s method for setting premium rates for worker’s compensation insurance exceeds its statutory authority under RCW 51.16.035 and decisions from this court, and (2) that the supplemental pension fund rate exceeds the…”

WR Enter., Inc. v. Dep't of Labor & Indus., 53 P.3d 504 (Wash. 2002). “In the two relevant claims, WRE alleges (1) that the Department's method for setting premium rates for worker's compensation insurance exceeds its statutory authority under RCW 51.16.035 and decisions from this court, and (2) that the supplemental pension fund rate exceeds the…”

Di Pietro Trucking Co. v. Dep't of Labor, 145 P.3d 419 (Wash. Ct. App. 2006). “Di Pietro argues that L&I exceeded its authority under RCW 51.16.035 in adopting WAC 296-17-870(3), which allows L&I to increase an employer’s industrial insurance premium based on the “average death value” in Washington rather than on the actual cost of the deceased worker’s…”

— Wash. Rev. Code § 51.16.035(2) — 3 cases

Oma Constr., Inc., V. Dep't Of Labor & Indus. (Wash. Ct. App. 2024).

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