Things to know now
Avoid penalties for not reporting workers? compensation. A 1099 IRS tax form has no bearing on Washington state workers? compensation coverage. All workers in Washington are entitled to workers? compensation unless they fit L&I?s exemption definitions. Make sure you understand your business' requirements for covering workers, including independent contractors by visiting our Independent Contractor webpage. You will find an?e-Learning that goes through the basics for determining coverage as well as industry specific information such as remote or app based work.
How can you help your worker when they suffer a workplace injury? When a worker is hurt on the job, they may worry about a multitude of things. They could worry about being fired, never returning to work, letting down their coworkers, letting you down, or even just how they are going to pay their bills. How you deal with the workplace injury plays a big part in how your worker heals and returns to work. Go to Injured Worker? What You Need to Know to learn about best practices to help your worker return to work and their full wages as soon as medically possible after a work injury.
Overtime benefits to all agricultural employees. Historically, agricultural workers were exempted from the protections of the Minimum Wage Act dealing with overtime pay for working in excess of 40 hours in a work week.
On Nov. 5, 2020, the Washington Supreme Court found this exemption to be unconstitutional and declared dairy workers to be eligible to receive the overtime protection under the Minimum Wage Act. The DeRuyter case didn?t go beyond the dairy worker plaintiffs. In 2021, the state legislature passed ESSB 5172, which extended overtime benefits to all agricultural employees, phased-in over a 3-year period. This does not include dairy employees who gained their eligibility through DeRuyter.
More resources and information about agricultural worker overtime eligibility may be found on the Overtime web page.
Be ?Heat Smart!? Emergency rules for outdoor heat exposure and wildfire smoke. Through the end of September, employers in Washington are required to monitor temperature and air quality, provide training and information, and take steps to protect workers from heat and smoke hazards. Emergency outdoor heat exposure and wildfire smoke rules were developed to protect farm and construction workers, roofers, road crews, and anyone else whose job keeps them outside.
L&I?s Be Heat Smart web page has complete details of the requirements, helpful resources, and additional steps employers and workers can take to prevent heat-related illnesses. Additional details and resources concerning wildfire smoke are available on L&I?s wildfire smoke web page. There?s more information on the development of permanent rules for both heat and wildfire smoke exposures on L&I?s Rulemaking Process page.
The Stay at Work Program reimburses for expenses. Employers can be reimbursed for tools and equipment (max $2,500), training (max $1,000), and clothing (max $400). For an expense to be eligible for reimbursement, it must be:
- Necessary for the worker to perform the light-duty work
- Purchased on or after the date you offered the light-duty job to the worker
If you have questions about an expense reimbursement, email us at [email protected].
Got a Claim-Free Discount? Don?t lose it! Employers with no compensable claims during the 3-year experience period can be eligible for a Claim-Free Discount of 10% to 40% off your base rate. You no longer qualify for the discount when you have a claim with time-loss payments, loss of earning power (LEP), partial permanent disability (PPD), total permanent disability, or death benefits. If you have a claim with medical restrictions, consider light duty or kept on salary to avoid time-loss payments.
Self-insured employers can receive Preferred Worker Program incentives. The Preferred Worker Program has been enhanced to offer wage and expense reimbursements and continuous employment incentive. In addition, the program eligibility was expanded so that any employer ? including the employer of injury and self-insured employers ? can receive these benefits for hiring a preferred worker. To learn more, sign up for a Preferred Worker Program webinar at www.Lni.wa.gov/RTWwebinars.
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