Revised Code of Washington
Wash. Rev. Code § 51.28.010 (2026)
✓ current as of May 2026
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(1) Whenever any accident occurs to any worker it shall be the duty of such worker or someone in his or her behalf to forthwith report such accident to his or her employer, superintendent, or supervisor in charge of the work, and of the employer to at once report such accident and the injury resulting therefrom to the department pursuant to RCW 51.28.025 where the worker has received treatment from a 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, has been hospitalized, disabled from work, or has died as the apparent result of such accident and injury.
(2) Upon receipt of such notice of accident, the department shall immediately forward to the worker or his or her beneficiaries or dependents notification, in nontechnical language, of their rights under this title. The notice must specify the worker's right to receive health services from a provider of the worker's choice under RCW 51.36.010(2)(a), including chiropractic services under RCW 51.36.015, and must list the types of providers authorized to provide these services.
(3) Employers shall not engage in claim suppression.
(4) For the purposes of this section, "claim suppression" means intentionally:
(a) Inducing employees to fail to report injuries;
(b) Inducing employees to treat injuries in the course of employment as off-the-job injuries; or
(c) Acting otherwise to suppress legitimate industrial insurance claims.
(5) In determining whether an employer has engaged in claim suppression, the department shall consider the employer's history of compliance with industrial insurance reporting requirements, and whether the employer has discouraged employees from reporting injuries or filing claims. The department has the burden of proving claim suppression by a preponderance of the evidence.
(6) Claim suppression does not include bona fide workplace safety and accident prevention programs or an employer's provision at the worksite of first aid as defined by the department. The department shall adopt rules defining bona fide workplace safety and accident prevention programs and defining first aid.
[ 2023 c 171 s 3; 2007 c 77 s 1; 2004 c 65 s 3; 2001 c 231 s 1; 1977 ex.s. c 350 s 32; 1975 1st ex.s. c 224 s 4; 1971 ex.s. c 289 s 5; 1961 c 23 s 51.28.010. Prior: 1915 c 188 s 9; 1911 c 74 s 14; RRS s 7689.]
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.
Implementation—2007 c 77: "The department of labor and industries shall adopt rules necessary to implement this act." [ 2007 c 77 s 4.]
Report to legislature—Effective date—Severability—2004 c 65: See notes following RCW 51.04.030.
Effective date—2001 c 231: "This act takes effect January 1, 2002." [ 2001 c 231 s 4.]
Effective date—1975 ex.s. c 224: See note following RCW 51.04.110.
(1) Whenever any accident occurs to any worker it shall be the duty of such worker or someone in his or her behalf to forthwith report such accident to his or her employer, superintendent, or supervisor in charge of the work, and of the employer to at once report such accident and the injury resulting therefrom to the department pursuant to RCW 51.28.025 where the worker has received treatment from a 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, has been hospitalized, disabled from work, or has died as the apparent result of such accident and injury.
(2) Upon receipt of such notice of accident, the department shall immediately forward to the worker or his or her beneficiaries or dependents notification, in nontechnical language, of their rights under this title. The notice must specify the worker's right to receive health services from a provider of the worker's choice under RCW 51.36.010(2)(a), including chiropractic services under RCW 51.36.015, and must list the types of providers authorized to provide these services.
(3) Employers shall not engage in claim suppression.
(4) For the purposes of this section, "claim suppression" means intentionally:
(a) Inducing employees to fail to report injuries;
(b) Inducing employees to treat injuries in the course of employment as off-the-job injuries; or
(c) Acting otherwise to suppress legitimate industrial insurance claims.
(5) In determining whether an employer has engaged in claim suppression, the department shall consider the employer's history of compliance with industrial insurance reporting requirements, and whether the employer has discouraged employees from reporting injuries or filing claims. The department has the burden of proving claim suppression by a preponderance of the evidence.
(6) Claim suppression does not include bona fide workplace safety and accident prevention programs or an employer's provision at the worksite of first aid as defined by the department. The department shall adopt rules defining bona fide workplace safety and accident prevention programs and defining first aid.
[ 2025 c 58 s 5113; 2023 c 171 s 3; 2007 c 77 s 1; 2004 c 65 s 3; 2001 c 231 s 1; 1977 ex.s. c 350 s 32; 1975 1st ex.s. c 224 s 4; 1971 ex.s. c 289 s 5; 1961 c 23 s 51.28.010. Prior: 1915 c 188 s 9; 1911 c 74 s 14; RRS s 7689.]
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.
Implementation—2007 c 77: "The department of labor and industries shall adopt rules necessary to implement this act." [ 2007 c 77 s 4.]
Report to legislature—Effective date—Severability—2004 c 65: See notes following RCW 51.04.030.
Effective date—2001 c 231: "This act takes effect January 1, 2002." [ 2001 c 231 s 4.]
Effective date—1975 ex.s. c 224: See note following RCW 51.04.110.
Notes of Decisions
Cited in 13
cases (4 in the last 5 years), 1953–2025 · leading case: KUSTURA v. Dept. of Labor & Indus., 233 P.3d 853 (Wash. 2010).
KUSTURA v. Dept. of Labor & Indus., 233 P.3d 853 (Wash. 2010). “RCW 51.28.010(1). However, the legislature has recognized that injured workers generally report their injuries to physicians, who then report to the Department.”
Kustura v. Dep't of Labor & Indus., 169 Wash. 2d 81 (Wash. 2010). “RCW 51.28.010(1). However, the legislature has recognized that injured workers generally report their injuries to physicians, who then report to the Department.”
Wilbur v. Dep't of Labor & Indus., 686 P.2d 509 (Wash. Ct. App. 1984). “Rather, he contends that a 1971 amendment to RCW 51.28.010 (the statute which imposes a duty upon the employer to file a report of accident) imposes a duty upon the Department on receipt of the employer's report, which was not statutorily mandated when Pate and Stertz were…”
Magee v. Rite Aid, 182 P.3d 429 (Wash. Ct. App. 2008). “She asserts that Woolford, as her manager at Rite Aid and her immediate superior, was the person to whom she was to report her injury under RCW 51.28.010. 17 Thus, she argues, she substantially complied with the requirements of the statute when she filed for and served the…”
Dep't of Labor & Indus. v. Est. of MacMillan, 814 P.2d 194 (Wash. 1991). “010 requires a worker to file notice of an industrial accident with his or her employer and requires the employer to file notice of the accident (and in cases resulting in death, of the death of the worker) with the Department. It then requires the Department to notify the…”
Harman v. Dep't of Labor & Indus., 47 P.3d 169 (Wash. Ct. App. 2002). “The employer’s failure to comply with the IIA does not equate into the Department’s failure to notify Ms.”
Pate v. Gen. Elec. Co., 260 P.2d 901 (Wash. 1953). “RCW 51.28.010], provides: “Whenever any accident occurs to any workman it shall be the duty of such workman or someone in his behalf to forthwith report such accident to his employer, superintendent or foreman in charge of the work [this was done], and of the employer to at once…”
City Of Seattle. V. Ronald Cordova (Wash. Ct. App. 2021). “That statute compels DLI to notify workers or beneficiaries of their statutory rights after receiving an accident report from an employer: (1) Whenever any accident occurs to any worker it shall be the duty of such worker or someone in his or her behalf to forthwith report such…”
Gergawy v. United States Bakery Inc d/b/a Franz Fam. Bakeries (E.D. Wash. 2021). “Plaintiffs 5 contend that, six days after the Court issued its Order, Plaintiffs received a 6 “compelling” letter (hereinafter the “Letter”) from the Washington State 7 Department of Labor and Industries that demonstrates, “regarding RCW 51.28.010, 8 [Plaintiff] Mr. Gergawy has…”
Gergawy v. United States Bakery Inc d/b/a Franz Fam. Bakeries (E.D. Wash. 2021). “§ 51.28.010(3). Claim suppression is defined as 3 intentionally inducing employees to fail to report injuries, inducing employees to 4 treat injuries suffered in the course of employment as off-duty injuries, or acting 5 otherwise to suppress legitimate industrial insurance…”
Pate v. Gen. Elec. Co., 269 P.2d 589 (Wash. 1954). “RCW 51.28.010]; (b) the physicians employed by the company did not inform the injured workman of his rights under the workmen’s compensation act as required by Rem.”
Magee v. Rite Aid, 182 P.3d 429 (Wash. Ct. App. 2008). “She asserts that Woolford, as her manager at Rite Aid and her immediate superior, was the person to whom she was to report her injury under RCW 51.28.010. [17] Thus, she argues, she substantially complied with the requirements of the statute when she filed for and served the…”
— Wash. Rev. Code § 51.28.010(1) — 4 cases
Kustura v. Dep't of Labor & Indus., 169 Wash. 2d 81 (Wash. 2010). “RCW 51.28.010(1). However, the legislature has recognized that injured workers generally report their injuries to physicians, who then report to the Department.”
KUSTURA v. Dept. of Labor & Indus., 233 P.3d 853 (Wash. 2010). “RCW 51.28.010(1). However, the legislature has recognized that injured workers generally report their injuries to physicians, who then report to the Department.”
Magee v. Rite Aid, 182 P.3d 429 (Wash. Ct. App. 2008). “She asserts that Woolford, as her manager at Rite Aid and her immediate superior, was the person to whom she was to report her injury under RCW 51.28.010. 17 Thus, she argues, she substantially complied with the requirements of the statute when she filed for and served the…”
Magee v. Rite Aid, 182 P.3d 429 (Wash. Ct. App. 2008). “She asserts that Woolford, as her manager at Rite Aid and her immediate superior, was the person to whom she was to report her injury under RCW 51.28.010. [17] Thus, she argues, she substantially complied with the requirements of the statute when she filed for and served the…”
— Wash. Rev. Code § 51.28.010(2) — 3 cases
KUSTURA v. Dept. of Labor & Indus., 233 P.3d 853 (Wash. 2010). “RCW 51.28.010(1). However, the legislature has recognized that injured workers generally report their injuries to physicians, who then report to the Department.”
Kustura v. Dep't of Labor & Indus., 169 Wash. 2d 81 (Wash. 2010). “RCW 51.28.010(1). However, the legislature has recognized that injured workers generally report their injuries to physicians, who then report to the Department.”
Harman v. Dep't of Labor & Indus., 47 P.3d 169 (Wash. Ct. App. 2002). “The employer’s failure to comply with the IIA does not equate into the Department’s failure to notify Ms.”
— Wash. Rev. Code § 51.28.010(3) — 1 case
Gergawy v. United States Bakery Inc d/b/a Franz Fam. Bakeries (E.D. Wash. 2021). “§ 51.28.010(3). Claim suppression is defined as 3 intentionally inducing employees to fail to report injuries, inducing employees to 4 treat injuries suffered in the course of employment as off-duty injuries, or acting 5 otherwise to suppress legitimate industrial insurance…”
— Wash. Rev. Code § 51.28.010(4)(a) — 1 case
Gergawy v. United States Bakery Inc d/b/a Franz Fam. Bakeries (E.D. Wash. 2021). “§ 51.28.010(3). Claim suppression is defined as 3 intentionally inducing employees to fail to report injuries, inducing employees to 4 treat injuries suffered in the course of employment as off-duty injuries, or acting 5 otherwise to suppress legitimate industrial insurance…”
— Wash. Rev. Code § 51.28.010(5) — 1 case
Gergawy v. United States Bakery Inc d/b/a Franz Fam. Bakeries (E.D. Wash. 2021). “§ 51.28.010(3). Claim suppression is defined as 3 intentionally inducing employees to fail to report injuries, inducing employees to 4 treat injuries suffered in the course of employment as off-duty injuries, or acting 5 otherwise to suppress legitimate industrial insurance…”
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