Important Time Loss Rate Update

By Steven R. Reinisch, Attorney at Law

On April 25, 2025, Gov. Jay Inslee signed into law House Bill 1788 which ushered in important time loss rate changes. This new law equalizes time loss rates (the 60 – 75% sliding scale) between unmarried and married claimants with dependents, bringing the unmarried plus dependent(s) rate up to the married plus dependent(s) rate. Single claimants remain at 60%. The effective date of this new law is July 1, 2026.

New Rates:

• Unmarried with no children: 60%.

• Unmarried with one child, or married with no children: 65%.

• Unmarried with two children, or married with one child: 67%.

• Unmarried with three children, or married with two children: 69%.

• Unmarried with four children, or married with three children: 71%.

• Unmarried with five children, or married with four children: 73%.

• Unmarried with six or more children, or married with five or more children: 75%.

Important History of this New Law:

This bill originally sought to have 100% of the dollar value of employer-paid healthcare benefits included in time loss and permanent total disability rates when the employer stopped contributing to health care during a period of a worker’s disability. Additionally, the bill proposed elimination of differences in the time loss/permanent total disability schedule of benefits between married and unmarried workers with dependents. The current law adds a 5% increase to the benefit rate for married workers with dependents.

The huge cost of this healthcare benefit provision resulted in removal of this aspect of the bill as the bill moved through the legislative process.

Note of Caution:

It is likely that the unions which promoted the 100% value of healthcare benefits to be included in time loss and permanent total disability rates will seek passage of this provision again in 2026. Look for the Department of Labor and Industries to possibly form a stakeholder group to address the healthcare coverage issue during the period of a worker’s worker’s compensation disability.

As always, please do not hesitate to contact the attorneys at Reinisch Wilson P.C. with any questions or concerns related to this information.