Two workers compensation bills are scheduled for public hearing this week that are of interest to cities. One addresses overall compensation benefit calculations and the other is specific to jail inmate work programs.
The first bill, SB 5835, sponsored by Sen. Rebecca Saldaña (D–Seattle), aims to make
workers’ compensation benefits more equitable between married and unmarried people. Under current law, injured workers receive a higher rate of workers’ compensation depending on the number of dependent children they have and whether they
are married.
No. of dependent children | % of workers’ wages if married | % of workers’ wages if unmarried |
|---|
0 | 65% | 60% |
1 | 67% | 62% |
2 | 69% | 64% |
3 | 71% | 66% |
4 | 73% | 68% |
5+ | 75% | 70% |
Current law also gives married workers an additional $10/month if their monthly payments are for permanent or temporary total disability.
The bill provides the same percentage of wages received by an injured worker with a permanent total disability whether the worker is married or unmarried, giving all injured workers the same rates that are currently only given to married workers. It also
removes the requirement that an injured worker be married in order to get an additional $10/month when the worker receives minimum monthly payments for a permanent or temporary total disability, allowing all injured workers with such disabilities
to get the additional $10/month.
While AWC commends efforts to make this system more equitable regardless of marital status, this change would increase costs. Of greater concern is that this system still relies on family size to make compensation decisions. AWC would like to see a more
work done to determine if this is truly the most equitable solution. Other programs, like Paid Family Medical Leave, provide a benefit that is simply a percentage of lost wages without looking at family size or marital status – that type of
system may be a better model. AWC will share these thoughts at the public hearing.
The second bill, SB 5701, sponsored by Sen. Joe Nguyen (D–Seattle), requires that, when
an inmate, resident, or patient at a state or local government correctional or treatment facility is injured on-the-job (like when participating in a community service or work release program), their workers’ compensation be computed based on
the usual wages paid to employees in similar work outside of a correctional or institutional setting, rather than the injured inmate’s own (likely artificially low) institutional wages.
Several cities operate their own jails and offer their inmates opportunities to do compensated work as part of a community service or work release program. AWC has several concerns about the impact of the bill on those cities. For example, it may provide
a perverse incentive to inmates to intentionally or recklessly injure themselves or others while participating in an inmate work program. Additionally, the bill could result in more, unanticipated workers’ compensation claims drawing against
the trust fund, especially during the pandemic where COVID-19 is considered an occupational disease. Finally, this may result in cities opting not to risk providing compensated work opportunities to inmates.
Dates to remember
SB 5835 is scheduled public hearing in the Senate Labor, Commerce, and Tribal Affairs Committee on Monday, January 17 at 9:30 am.
SB 5701 is scheduled public hearing in the Senate Labor, Commerce, and Tribal Affairs Committee on Monday, January 17 at 9:30 am. It is scheduled for a committee vote in that committee on Thursday, January 20 at 8 am.