Claim Resolution Settlement Agreements
Rules
- RCW 51.04.063: Injured worker options—Claim resolution settlement agreements
- WAC 263-12-052: Contents of claim resolution settlement agreement
Filing
Applications for approval of settlement agreements must be filed using the BIIA's electronic filing system. The application sets forth the information necessary to timely process a request for approval. Applications received by any other method will not be considered.
Public Disclosure
All information related to settlement agreements submitted to the BIIA under RCW 51.04.063, other than final orders from the BIIA and final agreements provided solely to the Department, is exempt from public inspection and copying under the Public Records Act. RCW 42.56.230
Periodic payment calculation chart
RCW 51.04.063(2)(c)(ii) requires that a claim resolution settlement:
"At the option of the parties, either be paid out in a single lump sum or be paid on a structured basis, the agreement shall provide a periodic payment schedule to the worker equal to at least twenty-five percent but not more than one hundred fifty percent of the average monthly wage in the state pursuant to RCW 51.08.018, except for the initial payment which may be up to six times the average monthly wage in the state pursuant to RCW 51.08.018;"
The following chart may help parties seeking to comply with these requirements:
Effective 7/1/25 - 6/30/26
|
RCW 50.04.355. Average annual wage set by Employment Security Department = $ 95,160 |
Divide by 12 for average monthly wage "AMW" [RCW 51.08.018] = $7,930 |
| 25% AMW = periodic payment = 150% AMW | A periodic payment cannot be less than $1,982.50 or more than $11,895 |
| Initial payment exception = 6 times AMW | First payment cannot be more than $47,580 |
Effective 7/1/24 - 6/30/25
|
RCW 50.04.355. Average annual wage set by Employment Security Department = $ 89,138 |
Divide by 12 for average monthly wage "AMW" [RCW 51.08.018] = $7,428.17 |
| 25% AMW = periodic payment = 150% AMW | A periodic payment cannot be less than $1,857.04 or more than $11,142.26 |
| Initial payment exception = 6 times AMW | First payment cannot be more than $44,569.02 |
Information for self-represented injured workers
If you do not have legal representation you will attend a conference with an industrial appeals judge and a representative for the employer or L&I. At the conference, you will be placed under oath, and the judge will ask questions to ensure that you:
- Have a thorough understanding of the terms of the agreement.
- Understand the legal rights you will relinquish in the event the agreement is approved.
- Have entered into the agreement knowingly and voluntarily.
The judge will also determine whether the agreement is in your best interest. You may be asked questions about your age, marital status, education, employment, health, medical treatment, financial status, income, legal obligations such as child support, and negotiations concerning the agreement.
If the judge does not approve the agreement, he or she will issue an order listing the reasons why. That decision cannot be appealed, but a revised claim resolution settlement agreement correcting the problems may be filed. If the judge recommends approval of the agreement, it will be sent to the BIIA's three Board Members, who will make the final decision approving or rejecting the proposed agreement.
What are the guidelines for electronic signatures?
Under the authority of GR 30 (for pleadings) and the Uniform Electronic Transactions Act, Chapter 1.80 RCW (for non-attorney signatures on agreements and items signed under penalty of perjury), we will accept documents with electronic signatures in the following formats:
(A) Attorney Signatures -- An electronic document that requires an attorney's signature shall be signed in the following manner:
s/ John Attorney
State Bar Number 12345
ABC Law Firm
123 South Fifth Avenue
Seattle, WA 98104
Telephone: (206) 123-4567
Fax: (206) 123-4567
E-mail: John.Attorney@lawfirm.com
(B) Non-attorney signatures on pleadings -- An electronic document that requires a non-attorney's signature and is not signed under penalty of perjury shall be signed in the following manner:
s/ John Citizen
123 South Fifth Avenue
Seattle, WA 98104
Telephone: (206) 123-4567
Fax: (206) 123-4567
E-mail: John.Citizen@email.com
(C) Non-attorney signatures on Claim Resolution Settlement Agreements or documents signed under penalty of perjury -- For Claim Resolution Settlement Agreements, the agreement must include language to show that the parties agree to use electronic signatures to execute the agreement. The filer must either:
- Scan and electronically file the entire document, including the signature page with the signature, and maintain the original signed paper document for the duration of the case, including any period of appeal, plus sixty (60) days thereafter, or
- Ensure compliance with the Uniform Electronic Transactions Act. Under the UETA, "'Electronic signature' means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record." Counsel submitting Claim Resolution Settlement Agreements where the non-attorney worker signs electronically are advised to use an e-sign application with a user ID number such as DocuSign or a history such as Adobe Acrobat Sign, or similar program where signatures can be verified.
Who can I contact with electronic filing questions?
Call us at (360) 753-6823.
