Wash. Rev. Code » Title 51 · Chapter 51.28
Revised Code of Washington

Wash. Rev. Code § 51.28.055 (2026)

✓ current as of May 2026
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(1) Except as provided in subsection (2) of this section for claims filed for occupational hearing loss, claims for occupational disease or infection to be valid and compensable must be filed within two years following the date the worker had written notice from a physician or a licensed *advanced registered nurse practitioner: (a) Of the existence of his or her occupational disease, and (b) that a claim for disability benefits may be filed. The notice shall also contain a statement that the worker has two years from the date of the notice to file a claim. The physician or licensed *advanced registered nurse practitioner shall file the notice with the department. The department shall send a copy to the worker and to the self-insurer if the worker's employer is self-insured. However, a claim is valid if it is filed within two years from the date of death of the worker suffering from an occupational disease.
(2)(a) Except as provided in (b) of this subsection, to be valid and compensable, claims for hearing loss due to occupational noise exposure must be filed within two years of the date of the worker's last injurious exposure to occupational noise in employment covered under this title or within one year of September 10, 2003, whichever is later.
(b) A claim for hearing loss due to occupational noise exposure that is not timely filed under (a) of this subsection can only be allowed for medical aid benefits under chapter 51.36 RCW.
(3) The department may adopt rules to implement this section.
[ 2004 c 65 s 7; 2003 2nd sp.s. c 2 s 1; 1984 c 159 s 2; 1977 ex.s. c 350 s 34; 1961 c 23 s 51.28.055. Prior: 1959 c 308 s 18; prior: 1957 c 70 s 16, part; 1951 c 236 s 1, 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.
Report to legislature—Effective date—Severability—2004 c 65: See notes following RCW 51.04.030.
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RCW 51.28.055

Time limitation for filing claim for occupational disease—Notice—Hearing loss claims—Rules. (Effective June 30, 2027.)

(1) Except as provided in subsection (2) of this section for claims filed for occupational hearing loss, claims for occupational disease or infection to be valid and compensable must be filed within two years following the date the worker had written notice from a physician or a licensed advanced practice registered nurse: (a) Of the existence of his or her occupational disease, and (b) that a claim for disability benefits may be filed. The notice shall also contain a statement that the worker has two years from the date of the notice to file a claim. The physician or licensed advanced practice registered nurse shall file the notice with the department. The department shall send a copy to the worker and to the self-insurer if the worker's employer is self-insured. However, a claim is valid if it is filed within two years from the date of death of the worker suffering from an occupational disease.
(2)(a) Except as provided in (b) of this subsection, to be valid and compensable, claims for hearing loss due to occupational noise exposure must be filed within two years of the date of the worker's last injurious exposure to occupational noise in employment covered under this title or within one year of September 10, 2003, whichever is later.
(b) A claim for hearing loss due to occupational noise exposure that is not timely filed under (a) of this subsection can only be allowed for medical aid benefits under chapter 51.36 RCW.
(3) The department may adopt rules to implement this section.
[ 2025 c 58 s 5116; 2004 c 65 s 7; 2003 2nd sp.s. c 2 s 1; 1984 c 159 s 2; 1977 ex.s. c 350 s 34; 1961 c 23 s 51.28.055. Prior: 1959 c 308 s 18; prior: 1957 c 70 s 16, part; 1951 c 236 s 1, 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.
Report to legislature—Effective date—Severability—2004 c 65: See notes following RCW 51.04.030.
Notes of Decisions
Cited in 22 cases (1 in the last 5 years), 1979–2023 · leading case: Dep't of Labor & Indus. v. Est. of MacMillan, 814 P.2d 194 (Wash. 1991).
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Dep't of Labor & Indus. v. Est. of MacMillan, 814 P.2d 194 (Wash. 1991). · cites it 14× “The Department of Labor and Industries (Department) denied each claim on the ground it was not filed within the 2-year statute of limitations under RCW 51.28.055. Each widow appealed to the Board of Industrial Insurance Appeals (Board).”
Sheila Larose, Appellant/cross-resp v. King Cnty. & Pda, Respondent/cross-appellants, 437 P.3d 701 (Wash. Ct. App. 2019). “050 (injury); RCW 51.28.055 (disease). DLI denied LaRose’s injury claim because it was not filed within a year after the injury occurred and denied an occupational disease claim because LaRose’s condition was not an occupational disease under RCW 51.”
Kilpatrick v. Dep't of Labor & Indus., 915 P.2d 519 (Wash. 1995). · cites it 2× “What is pivotal is that these diseases can be traced to a worker's single or prolonged exposure to asbestos and once diagnosed with asbestos-related condition the injured worker is entitled to trigger the workers' compensation statute by filing a claim for compensation and…”
Magee v. Rite Aid, 277 P.3d 1 (Wash. Ct. App. 2012). · cites it 3× “The time allowed for filing and the consequences of an untimely filing are codified in RCW 51.28.050[,] which states: No application shall be valid or claim thereunder enforceable unless filed within one year after the day upon which the injury occurred or the rights of…”
McIndoe v. Dep't of Labor, 26 P.3d 903 (Wash. 2001). “RCW 51.28.055. All three workers filed their hearing loss claims once they were informed by a physician that they had occupationally-caused hearing losses.”
McIndoe v. Dep't of Labor & Indus., 144 Wash. 2d 252 (Wash. 2001). “RCW 51.28.055. All three workers filed their hearing loss claims once they were informed by a *266 physician that they had occupationally-caused hearing losses.”
Harry v. Buse Timber & Sales, Inc., 201 P.3d 1011 (Wash. 2009). “See RCW 51.28.055 (occupational disease claim timely only if filed within two years after receiving notice from a healthcare provider of the existence of a compensable loss; additionally, a claimant filing more than two years after the date of last injurious exposure is entitled…”
Dennis v. Dep't of Labor & Indus., 722 P.2d 1317 (Wash. Ct. App. 1986). · cites it 2× “The Act does not compensate merely the contraction of, or having, an "occupational disease.”
Rector v. Dep't of Labor & Indus., 810 P.2d 1363 (Wash. Ct. App. 1991). “No application shall be valid or claim thereunder enforceable unless filed within one year after the day upon which the injury occurred or the rights of dependents or beneficiaries accrued, except as provided in RCW 51.28.055 [which specifies the time for filing claims for…”
Elliott v. Dep't of Labor & Indus., 151 Wash. App. 442 (Wash. Ct. App. 2009). “RCW 51.28.055(1). “Occupational disease” means “such disease or infection as arises naturally and proximately out of employment under the mandatory or elective adoption provisions of this title.”
Hutchins v. Dep't of Labor & Indus., 723 P.2d 18 (Wash. Ct. App. 1986). “2d 665 (1979), the Court of Appeals construed the statute of limitations regarding the time limitation for filing a claim for an occupational disease under RCW 51.28.055. The court noted that: The statute of limitation embodied in this provision is a jurisdictional fact and, as…”
Gilbertson v. Dep't of Labor & Indus., 592 P.2d 665 (Wash. Ct. App. 1979). · cites it 2× “The appeal raises two questions: (1) can the statute of limitation be raised for the first time on appeal, and (2) if so, is there sufficient evidence in the record to establish when the statute of limitation began to run?'We answer the first question affirmatively and the…”
Show all 22 citing cases →
— Wash. Rev. Code § 51.28.055(1) — 6 cases
Elliott v. Dep't of Labor & Indus., 151 Wash. App. 442 (Wash. Ct. App. 2009). “RCW 51.28.055(1). “Occupational disease” means “such disease or infection as arises naturally and proximately out of employment under the mandatory or elective adoption provisions of this title.”
Magee v. Rite Aid, 277 P.3d 1 (Wash. Ct. App. 2012). “The time allowed for filing and the consequences of an untimely filing are codified in RCW 51.28.050[,] which states: No application shall be valid or claim thereunder enforceable unless filed within one year after the day upon which the injury occurred or the rights of…”
Elliott v. Dept. of Labor & Indus., 213 P.3d 44 (Wash. Ct. App. 2009).
Street v. Weyerhaeuser Co. (Wash. 2017).
David White v. Centurylink Inc. & Dep't Of Labor & Indus. (Wash. Ct. App. 2020).
— Wash. Rev. Code § 51.28.055(2) — 1 case
David White v. Centurylink Inc. & Dep't Of Labor & Indus. (Wash. Ct. App. 2020).
— Wash. Rev. Code § 51.28.055(2)(a) — 3 cases
Harry v. Buse Timber & Sales, Inc., 132 P.3d 1122 (Wash. Ct. App. 2006).
Harry v. Buse Timber & Sales, Inc., 171 P.3d 1058 (Wash. Ct. App. 2006).
David White v. Centurylink Inc. & Dep't Of Labor & Indus. (Wash. Ct. App. 2020).
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