What Employers Need to Know About New Workers’ Compensation Provider Rules

Washington employers should begin preparing for changes under SB 5847, a new workers’ compensation law that expands injured workers’ access to medical care and strengthens their right to choose their treating provider.

While portions of the law are already in effect, several significant provisions will be implemented between now and January 1, 2028, creating new compliance responsibilities for employers, supervisors, HR teams, and claims professionals.

Key Dates

• June 11, 2026: New “medically appropriate” treatment standard took effect.
• June 30, 2027: Updated L&I provider network standards take effect.
• January 1, 2028: Provider choice rules, anti-steering penalties, expanded provider access, and utilization review requirements take effect.

Provider Choice Becomes a Greater Employer Responsibility

Washington workers have long had the right to choose their treating provider, but SB 5847 requires employers to take a more active role in protecting that right.

Employers must now affirmatively inform injured workers that they may choose their own provider within L&I’s medical provider network. As a result, employers should review injury reporting procedures, workers’ compensation policies, and employee communications to ensure this information is clearly communicated.

New Anti-Steering Rules

One of the most significant changes involves restrictions on directing injured workers to specific providers or clinics.

Under SB 5847, employers may not require, induce, coerce, or direct workers to seek treatment from a particular provider. Violations may result in penalties ranging from approximately $250 to $2,500 per violation.

This doesn’t mean employers cannot help workers navigate the process. However, organizations should be careful about how they communicate provider options and avoid creating the impression that treatment at a particular clinic is required.

Expanded Access to Non-Network Providers

The law also addresses provider access challenges in rural and underserved areas.

If an injured worker does not have an available L&I network provider within 25 miles of their home, the worker may receive treatment from a qualified non-network provider.

Importantly, the 25-mile measurement is based on the employee’s residence, not the workplace. Employers should also keep in mind that provider availability matters, not simply whether a provider appears on a network list.

A New “Medically Appropriate” Treatment Standard

SB 5847 introduces a more flexible standard for evaluating medical treatment.

Providers must still follow L&I treatment guidelines, but they now have greater discretion to recommend treatment they determine is medically appropriate for an individual worker’s circumstances, even when existing guidelines do not directly address the situation.

It’s important to note that this change does not eliminate the requirement that treatment be related to the accepted industrial injury or occupational disease. A treatment may be medically appropriate and still be denied if it is not claim-related.

Utilization Review Timelines Matter More Than Ever

The legislation also establishes stricter timelines for treatment reviews. Missed utilization review deadlines may result in treatment being effectively approved by default, limiting opportunities to challenge or deny treatment requests.

For employers, especially on high-value claims involving surgeries or complex treatment plans, proactive claim monitoring and communication with claim managers will become increasingly important.

What Employers Should Do Now

Although some of the biggest changes don’t take effect until 2028, now is the time to prepare. Employers should:

• Review workers’ compensation policies and procedures.
• Update injury reporting forms and employee communications.
• Train supervisors and HR staff on provider-choice requirements.
• Eliminate practices that could be viewed as steering employees to specific providers.
• Monitor significant treatment requests and utilization review activity.
• Consider directing employees to L&I’s provider search tools rather than recommending specific clinics.

Final Thoughts

SB 5847 represents a meaningful shift in Washington’s workers’ compensation system toward greater employee choice and expanded access to care. While the law is intended to reduce barriers to treatment, it also creates new compliance obligations and potential penalties for employers.

Organizations that update their policies, train their teams, and adjust their injury-response procedures now will be better positioned to navigate these changes and remain compliant as the law is fully implemented.

Need help understanding how SB 5847 may impact your workers’ compensation program? The Approach team can help you prepare for the upcoming changes and develop compliant claims management practices.

This blog post compliments the Brain Trust Javelin Law presented on this topic. If you have additional questions and would like individualized legal advice, you are welcome to reach out to Charlotte Smith, Managing Attorney at Javelin Law at csmith@javelinlaw.com. The video replay of the Brain Trust is inside the Approach Client Portal.