SHB 1070
In CommitteeHouse
PTSD/correctional workers
Concerning industrial insurance coverage for posttraumatic stress disorders affecting correctional facility workers.
This status may be delayed. See Action History below for the latest updates.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill creates a legal presumption that posttraumatic stress disorder (PTSD) in correctional facility workers is a work-related occupational disease, making it easier for them to qualify for workers' compensation benefits. It also includes provisions for covering appeal costs and sets specific eligibility rules, including a 90-day employment requirement.
- Creates a prima facie presumption that PTSD is a work-related occupational disease for correctional facility workers who have worked at least 90 consecutive days.
- Extends the presumption for 3 months for each year worked, up to a maximum of 5 years (60 months) after leaving employment.
- Allows the presumption to be rebutted only by a preponderance of the evidence (more likely than not).
- Requires the Board of Industrial Insurance Appeals or courts to award reasonable appeal costs, including attorneys' and witness fees, to claimants who win PTSD claims under this law.
- Amends existing law to clarify that the presumption does not apply if PTSD is directly caused by good-faith employer actions like discipline, demotion, or termination.
- Adds a definition of 'correctional facility worker' as someone working at a correctional facility as defined in RCW 72.09.015.
Who is affected
- Correctional facility workers — Correctional facility workers who develop posttraumatic stress disorder (PTSD) after working at least 90 consecutive days in a Washington state correctional facility may now have their PTSD presumed to be a work-related occupational disease, making it easier to access workers' compensation benefits.
- Direct care registered nurses in correctional facilities — Direct care registered nurses working in correctional facilities who develop PTSD after 90+ days of employment may also benefit from the same presumption of work-relatedness and related coverage.
- Washington State Department of Labor & Industries (L&I) — The Washington State Department of Labor & Industries (L&I) will be responsible for processing and adjudicating claims under this new presumption, and may be required to pay appeal-related costs (e.g., attorneys' fees) if a claimant wins.
- Correctional facility employers — Employers (including state-run correctional facilities) may face increased claims for PTSD-related workers' compensation, and may need to provide psychological exams for new hires in certain roles (though this requirement applies primarily to firefighters and law enforcement).
Pro/Con Analysis
Stronger case for benefits
Potential Benefits (5)
The prima facie presumption significantly reduces barriers to accessing workers’ compensation for PTSD, enabling earlier treatment and reducing long-term disability—correctional workers face high rates of trauma exposure and often delay or avoid care due to stigma or claim denials.
HealthcarePeopleRef: Sec. 3, new RCW 51.32.400(1)Mandating reimbursement of appeal costs (including attorneys’ and witness fees) for successful claimants removes a major financial barrier to enforcement—many workers abandon claims after initial denial due to cost concerns, especially low-income staff.
FinancialPeopleRef: Sec. 3, new RCW 51.32.400(4)(a)-(b)The 3-month-per-year presumption extension (up to 60 months post-employment) acknowledges the delayed onset and chronic nature of PTSD, allowing timely claims even when symptoms emerge after leaving employment—critical for workers who leave due to burnout or disability.
HealthcarePeopleRef: Sec. 3, new RCW 51.32.400(3)The presumption aligns with scientific consensus that correctional work involves predictable, high-frequency trauma exposure, supporting equal treatment of mental and physical occupational diseases—reducing discriminatory denial of mental health claims.
Rights & LibertiesPeopleRef: Sec. 3, new RCW 51.32.400(2)The explicit exclusion of PTSD arising from good-faith disciplinary actions protects workers from employer retaliation while preserving employer rights—prevents misuse of the presumption to challenge legitimate personnel decisions.
Rights & LibertiesLean peopleRef: Sec. 1 amending RCW 51.08.142(3)(c)
Potential Concerns (5)
The bill may increase psychological strain on correctional staff by formalizing PTSD as a compensable occupational disease without addressing root causes (e.g., staffing shortages, facility overcrowding, lack of mental health support), potentially reinforcing a culture where trauma is normalized rather than prevented.
Public SafetyRef: Sec. 3, new RCW 51.32.400(3)(a)The requirement that appeal costs be paid from the state’s accident fund increases costs to the workers’ compensation system, which is funded by employer premiums and state appropriations—potentially leading to higher premiums for all employers or reduced funding for other safety services, indirectly affecting small businesses and local governments.
FinancialLean peopleRef: Sec. 3, new RCW 51.32.400(4)(c)While expanding access to compensation, the bill does not expand access to mental health treatment or rehabilitation services, meaning claimants may receive financial compensation but still lack adequate care to recover—potentially prolonging disability and dependency on the system.
HealthcareRef: Sec. 3, new RCW 51.32.400(3)(c)The rebuttable presumption shifts the burden of proof to the employer (state or private), which could raise due process concerns for employers in contested cases—though courts routinely handle such burdens in workers’ comp cases, and the preponderance standard remains consistent with existing law.
Rights & LibertiesRef: Sec. 3, new RCW 51.32.400(2)The bill may discourage private employers from hiring or retaining staff for high-stress correctional roles due to increased liability exposure—even though the 90-day and rebuttal thresholds limit exposure, small private correctional contractors may lack resources to absorb litigation or premium spikes.
Business & EmploymentLean peopleRef: Sec. 3, new RCW 51.32.400(5) & Sec. 1 amending RCW 51.08.142(3)
Who Is Most Affected
Correctional facility workers (including nurses) are the primary beneficiaries: they gain easier access to compensation and treatment for work-related PTSD, reducing financial and health-related hardship. However, some may face stigma or pressure to file claims, and the bill does not address workplace conditions that cause trauma.
The state (via L&I and the accident fund) will bear increased administrative and benefit costs, but this is offset by improved worker retention, reduced long-term disability claims, and alignment with public expectations of fair treatment for public safety workers.
Private correctional employers (e.g., contractors running county jails) may face higher premiums or claim exposure, especially if they lack the economies of scale of state operators. However, the 90-day threshold and rebuttable standard limit risk for small operators.
Local governments (counties operating jails) may see increased claims but also improved staff retention and morale. The bill does not provide new funding, so costs are absorbed into existing budgets, potentially diverting resources from other services.
Workers’ compensation attorneys and advocates stand to benefit from increased claim volume and guaranteed fee awards, but this is a minor effect relative to the broader public benefit of improved access.