Big Win for Injured Workers in the Legislature: Expanded Access to Medical Care
On March 10, 2026, the Washington State legislature passed E2SSB 5847 “AN ACT Relating to access to medical care in workers’ compensation.” The Governor then signed the bill on March 24, 2026, making it officially law.
This bill, originally drafted by Small, Snell, Weiss & Comfort attorney David Lauman, was skillfully ushered through the legislative process by the team at Washington State Association for Justice. The bill has been called the most important pro-worker piece of legislation passed in the last 50 years. It makes significant changes to the workers’ compensation system in ways that will greatly benefit injured workers.
Some of the changes will be effective June 11, 2026, while many others won’t be effective until January 1, 2028. Below is a breakdown of the changes made by the bill:
Effective 6/11/26:
- A change to RCW 51.36.010(1)(b). The law currently reads that network providers must follow the department’s treatment guidelines and other national treatment guidelines. The bill changes this to they must “when medically appropriate” follow the guidelines.
There is an “intent” section that goes with this that makes it clear that “It is the intent of the legislature to increase access to medical treatment in workers’ compensation including, but not limited to, making individualized determinations as to whether treatment for workplace injuries and occupational diseases is proper and necessary.”
This will help injured workers get the treatment they need. It will enable treating doctors to provide appropriate treatment, freeing them from having to strictly adhere to the Department’s medical treatment guidelines.
- New section added to RCW 51.44 authorizing the Department to hire additional claims managers to the extent necessary to reach the average caseload of 141 claims per claims manager
This will help greatly reduce the claims managers’ caseloads and thus reduce delays at the Department. It is estimated that the Department will hire approximately 150 new claims managers.
Effective 1/1/28:
- RCW 51.36.010(2)(a)(ii)(A)- upon notice of an injury, an employer must inform the injured worker that the worker has a right to seek treatment with a provider of the worker’s choice.
- Also RCW 51.36.010(2)(a)(ii)(A)- An employer is prohibited from requiring or coercing an injured worker to seek medical treatment from a specific provider or clinic.
- Employers who violate RCW 51.36.010(2)(a)(ii)(A) are subject to penalties.
These changes to RCW 51.36.010(2)(a)(ii)(A) will make it so injured workers can truly choose who they treat with. It will also prevent employers from steering workers to medical providers who are beholden to the employer.
- RCW 51.36.010(2)(g)(i)- If a worker is unable to find a provider in the MPN willing to treat them within 25 miles of the worker’ home, the worker may provide notice to the Department or SIE. Within 10 calendar days of receipt of the notice, the Department or SIE shall send the worker a declaration certifying this fact. Upon receiving the declaration, the Department or SIE have 10 days to help the worker find a provider in the MPN. If no provider is found, the worker can get treatment from a non-MPN provider.
This will ensure that injured workers can receive treatment within a reasonable distance from their home. This will be especially beneficial to rural injured workers.
- RCW 51.36.010(3)(b)- Utilization review of requested treatment (such as medical tests, surgery, or physical therapy) must be completed within 10 business days or the date the utilization review provider receives all requested information to make the determination. If no decision is made within 10 days, the treatment must be authorized. If there is a question as to whether the treatment is for a related condition, the Department has 30 days after the deadline to issue an order as to whether it is related.
This will speed up the review process for making medical treatment determinations. Currently, such decisions are sometimes delayed for months.
- RCW 51.36.010(4)(b)(iii)- In permanent partial disability cases, where an aggravation application is denied, the Department may still authorize medical and surgical treatment in the order denying the application.
Currently there is no way for injured workers who receive permanent partial disability to receive treatment after closure unless their condition objectively worsens. This will provide such workers a way to seek such treatment.
- RCW 51.36.010(3)(b)(iv)- In pension cases, prior authorization is no longer required. The worker just needs to request approval within 120 days of the worker’s receipt of treatment.
Currently, treatment for individuals on a pension must be pre-authorized, even if the treatment, such as surgery, is urgent. This is not always possible in urgent situations. This will fix the problem by allowing the worker to request the authorization within 120 days of the treatment.
- RCW 51.36.010(3)(b)(v)- where cancer is an accepted diagnosis, the Department or SIE shall pay for monitoring of the condition after claim closure, including diagnostic testing.
This is an important provision to ensure that any recurrences of cancer is caught early when it is most treatable.
- RCW 51.36.010(3)(d)- Injured workers on a pension can apply to reopen their claims for treatment.
While this won’t always be a good idea, in some cases, workers may want to reopen their claim for treatment. This is important since under RCW 51.36.010(3)(b)(iv) workers can only receive treatment if the Director uses their discretion to authorize it. Conversely, if a claim is reopened, the worker may receive all proper and necessary treatment without seeking a discretionary decision from the Director.
- RCW 51.36.010(6)(e)- If the Department removes a provider from the MPN, the provider has the right to appeal that decision.
Thank you to the hard-working team that took this bill across the finish line this past legislative session!
David Lauman attended the Governor’s bill signing on March 24, 2026.
