Each year, the Washington State Legislature considers legislation that can significantly affect workers’ compensation claims, injured workers’ rights, and employer responsibilities. During the 2026 legislative session, several proposed bills could reshape how medical exams are conducted, how injured workers access medical care, and how industrial insurance rates are calculated.
If you have an active or pending Washington workers’ compensation claim, understanding these legislative changes is critical.
HB 2336 — Independent Medical Exams (IMEs) and Claim Fairness
House Bill 2336 addresses one of the most disputed areas in workers’ compensation claims: the independent medical examination (IME) process. IMEs often play a decisive role in determining benefit eligibility, treatment authorization, and claim closure.
Under current law, disagreements frequently arise over what occurred during an IME, creating delays and disputes that can negatively affect injured workers.
Key Provisions of HB 2336
HB 2336 would:
- Allow injured workers to record their independent medical exams using a secure, Department of Labor & Industries (L&I)-approved third-party application
- Establish uniform statewide standards for IME recordings
- Protect patient privacy while preserving the integrity and objectivity of medical evaluations
- Ensure recordings are secure, tamper-proof, and accessible under defined rules
Why This Matters
By increasing transparency, HB 2336 could reduce disputes over IME findings, strengthen trust in the process, and help workers’ compensation claims move forward more efficiently. For injured workers and their attorneys, this may result in clearer medical evidence and fewer contested examinations.
HB 2218 — Expanded Access to Medical Care for Injured Workers
House Bill 2218 focuses on protecting an injured worker’s right to medical care within Washington’s workers’ compensation system. Access to timely, appropriate treatment is often the difference between recovery and prolonged disability.
What HB 2218 Would Do
HB 2218 would:
- Reinforce a worker’s right to choose their medical provider
- Prohibit employers from requiring or pressuring workers to see a specific doctor or clinic
- Require employers to inform injured workers of their provider-choice rights when an injury is reported
- Clarify and expand minimum standards for workers’ compensation medical provider networks
Potential Impact on Claims
If enacted, HB 2218 could reduce treatment delays, strengthen medical documentation, and minimize disputes that slow workers’ compensation benefits. Stronger access to care often results in better outcomes for injured workers and more defensible claims.
HB 2188 — Transparency in Industrial Insurance Rates
While HB 2336 and HB 2218 focus on individual claims, House Bill 2188 addresses the broader industrial insurance system that funds workers’ compensation benefits statewide.
What the Legislature Identified
HB 2188 recognizes that:
- Industrial insurance premium rates have sometimes been set without full transparency
- Contingency reserves have been used to limit rate increases without clear public disclosure
- Lack of transparency makes it difficult for employers and the public to understand true actuarial costs
What HB 2188 Requires
The bill would require L&I to:
- Publish the actuarially indicated rate for each risk classification
- Explain when and why the Director limits rate increases below actuarial recommendations
- Disclose how such decisions impact other risk classes and reserve funds
Why Employers and Workers Should Care
Greater transparency improves accountability and helps ensure the long-term sustainability of Washington’s workers’ compensation trust fund, which ultimately affects benefit availability and system stability.
Why These Workers’ Compensation Bills Matter to You
Together, these bills signal a legislative effort to improve fairness, transparency, and access in Washington’s workers’ compensation system:
- HB 2336 could reduce IME disputes and protect injured workers’ rights
- HB 2218 strengthens access to medical care and provider choice
- HB 2188 promotes accountability in industrial insurance rate-setting
At Althauser Rayan Abbarno, we continue to closely follow these and other legislative proposals that affect injured workers, employers, and workers’ compensation claims throughout Washington State. Changes in the law can directly impact benefits, treatment options, and claim outcomes.
If you have questions about your workers’ compensation claim, an independent medical exam, or access to care, our attorneys are here to help.
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📞 Contact Althauser Rayan Abbarno today to discuss your Washington workers’ compensation claim.
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