Washington, D.C. Workers Compensation

Work-related injuries and illnesses can impact any business. Workers compensation insurance in Washington, D.C. helps protect employers and support employees who are injured or become ill as a result of their job. Learn about coverage requirements, work-related injury reporting and key considerations for complying with D.C. workers comp laws.

Understanding workers compensation in Washington, D.C.

While known for its political significance, Washington, D.C. is a diverse city with stunning landmarks and impressive museums. Not only are residents working in the city, but people from Virginia and Maryland also commute to Washington, D.C. every day for their jobs.

The technology, healthcare and retail industries are prominent in the city, along with hospitality and tourism. Travelers offers Washington, D.C. companies workers compensation so employers can navigate on-the-job injuries knowing they’re covered, and employees can return to work as soon as medically possible.

Who is required to carry workers compensation insurance in Washington, D.C.?

Private-sector employers with one or more employees are required to obtain workers compensation coverage.

Certain occupations including but not limited to railroad employees, Congressional office staff and D.C government public employees are generally exempt from coverage.

Washington, D.C. requirements to consider

Employers who have employees located outside of Washington, D.C. are required to have a workers compensation insurance policy for coverage under the laws of the other states.
Federal employees are covered under the Federal Employees Compensation Act (FECA), administered by the U.S. Department of Labor’s Office of Workers’ Compensation Programs.
Employees of the District of Columbia government are covered by Washington, D.C.’s Public Sector Workers' Compensation Program.
Failure to provide required workers compensation insurance can expose employers to severe consequences, including civil liability for employee injuries, illnesses, or deaths, criminal charges and penalties, monetary fines imposed by D.C. authorities, and stop-work orders halting business operations until coverage is obtained.

Who can receive workers compensation benefits in Washington, D.C.?

Injured employees are generally eligible to receive workers compensation benefits. Some individuals are automatically included in or excluded from workers compensation in Washington, D.C.

Corporations:
- Officers who receive wages are included in coverage and may not elect to be excluded from coverage.
- Officers who do not receive wages are excluded from coverage and may not elect to be included in coverage.
- Officers who share in the year-end profits or losses of the corporation are equity owners of the business who are excluded from coverage.
Partnerships:
- Partners who receive wages are excluded from coverage and may elect to be included in coverage.
- Partners who do not receive wages are excluded from coverage and may not elect to be included in coverage.
- Partners who share in the year-end profits or losses of the partnership are equity owners of the business who are excluded from coverage.
Sole Proprietorships: Sole proprietors are excluded from coverage and may elect to be included in coverage.
Limited Liability Companies (LLCs):
- Members who receive wages are excluded from coverage and may elect to be included in coverage.
- Members who do not receive wages are excluded from coverage and may not elect to be included in coverage.
- Members who share in the year-end profits or losses of the LLC are equity owners of the business and are excluded from coverage.
- Managers who are not members are included in workers compensation coverage with no option to be excluded.

Overview of workers compensation requirements in Washington, D.C

Understanding Washington, D.C. workers compensation is essential for employers. Being aware of District requirements helps employers comply with the law and support employees. This is an overview of the fundamentals of employer responsibilities and the benefits employees may receive under D.C. workers compensation law.

Washington, D.C. workers compensation employer responsibilities overview

Compensable injuries

Generally, injuries arising out of and in the course of employment, regardless of whose fault it is, have potential for workers compensation benefits.

This includes occupational diseases and cumulative trauma injuries, which are conditions that develop over time in the workplace.

The employee must show that the disease or infection arises naturally out of a particular employment.
Claims must be supported by medical evidence linking the condition to work duties.
Covered benefits include medical treatment, wage replacement and disability compensation based on the severity of the condition.

Posting notices

Employers in the District of Columbia are required to post the “Notice of Compliance” (Form 1DCWC) in a conspicuous place at each worksite. This notice informs employees of their rights under the D.C. Workers’ Compensation Act and provides contact details for the employer and their current insurance carrier.

Providing medical treatment

Injured employees may select their treating physician for all necessary medical care including physician visits, hospitalization, prescriptions, therapy and durable medical equipment, at no cost to the employee.

Providing lost wages (indemnity)

Employers can be responsible for lost wages, including decrease in pay due to modified job responsibilities. The employee benefits section gives a more in-depth explanation of the types of wage benefits employers may be responsible for.

Prompt reporting and forms

Employers should encourage employees to promptly notify them of any accident or injury. Once aware of a work-related injury, the employer should make sure the injured employee understands they can seek medical treatment if needed. The employer should notify their insurer right away of any work accident or injury so that their insurer can timely report to the Washington, D.C. Department of Employment Services Office of Workers’ Compensation.

Employers or their insurer may need to report claim information throughout the claim process.

Prompt reporting is essential to avoid penalties and provide timely benefits for injured employees.

Record keeping

Employers should maintain thorough documentation, including details about what happened, when, where and witnesses involved. Accurate record keeping and prompt reporting to their workers compensation insurer can play a key role in a timely and complete investigation and handling of the claim.

The employer should continue to maintain and provide necessary information to their insurer throughout the claim process as it is vital for efficient claim handling and compliance with the workers compensation law.

Penalties

Uninsured employers are subject to criminal and civil fines and penalties. Failure to file or improperly deny benefits may result in liability for retroactive payments, statutory penalties and reimbursement of the employee’s legal expenses.

Washington, D.C. workers compensation employee benefits overview

Calculating Average Weekly Wage (AWW) in Washington, D.C.

An employee’s Average Weekly Wage (AWW) is a set calculation based on Washington, D.C. requirements. It helps to determine workers compensation wage benefits. Correct benefit amounts can be determined after an employee’s AWW is calculated.

In Washington, D.C., AWW is calculated from wages, overtime, and bonuses over the 26 weeks prior to injury, subject to jurisdictional rate limits.

Temporary Total Disability (TTD) benefits

Temporary Total Disability (TTD) benefits are payable to injured employees temporarily unable to work due to a work injury or illness.

Benefits begin after a 3-day waiting period and are retroactively paid if the disability exceeds 14 days.
TTD payments equal 66 2/3% of the employee’s Average Weekly Wage (AWW), calculated from wages, overtime, and bonuses over the 26 weeks prior to injury, subject to D.C. maximum rate limits.
TTD is capped at 500 weeks but the employee can petition for an extension up to 167 weeks.

Temporary Partial Disability (TPD) benefits

Temporary Partial Disability (TPD) benefits are paid to injured employees who return to work with reduced wages or limited capacity due to a work injury or illness.

Benefits equal 66 2/3% of the difference between the employee’s Average Weekly Wage (AWW) and their post-injury earnings.
TPD is limited to 5 years.

Permanent Partial Disability (PPD) benefits

Permanent Partial Disability (PPD) benefits compensate injured employees for permanent loss of function or impairment from a work injury or illness. A medical evaluation determines Maximum Medical Improvement (MMI) and the percentage of impairment. Considerations include the AMA Guides to the Evaluation of Permanent Impairment and five factors – pain, weakness, atrophy, loss of endurance and loss of function.

The D.C. Code assigns a number of weeks for most body parts.

PPD benefits equal 66 2/3% of the employee’s Average Weekly Wage (AWW) multiplied by the maximum weeks for the scheduled body part as adjusted by the impairment rating.
For injuries not on the schedule, such as the back, neck, or internal organs, benefits are calculated using a formula set forth in the D.C. Code or the compensation at the time the employee returns to work or achieves MMI.

Permanent Total Disability (PTD) benefits

Permanent Total Disability (PTD) benefits are payable when an injured employee is permanently unable to perform any gainful work due to a work injury or illness. Eligibility requires medical evidence confirming total and permanent disability once Maximum Medical Improvement (MMI) is reached.

Benefits equal 66 2/3% of the employee’s Average Weekly Wage (AWW) and are subject to statutory rate limits.
These lifetime benefits continue for the duration of the disability.

Fatality benefits

When a work injury or illness causes an employee’s death, the Washington, D.C. Department of Employment Services Office of Workers’ Compensation provides fatality benefits to eligible dependents.

Benefits include weekly payments equal to 66 2/3% of the deceased employee’s Average Weekly Wage (AWW).
If both a surviving spouse and dependent children are eligible, benefits are typically divided, with the spouse receiving the majority share for life or until remarriage, and dependent children receiving payments until age 18, or up to age 23 if enrolled as full-time students.
Additional compensation for burial expenses may be paid based upon statutory limits.

Vocational rehabilitation

Vocational rehabilitation is required, and it shall be designed within reason to return an employee to employment at a wage as close as possible to the wage that the employee earned at the time of the injury.

Medical benefits

Employers in the District of Columbia must provide all reasonable and necessary medical treatment for work injuries or illnesses, including emergency care, physician visits, prescriptions, therapy and durable medical equipment.

Injured employees have the right to choose their treating physician.
Mileage for travel to medical appointments are reimbursed at a rate set by law.
Employees are not responsible for any copayments or deductibles.

Legislative updates

Regulations, laws and potential changes that can shift your course

As the nation’s largest writer of workers compensation insurance, Travelers is committed to understanding new and evolving legislation, regulations and trends at the state level. Our employees serve on regional and national associations, boards and committees to advocate on behalf of our customers and the industry. We educate stakeholders on the impact legislation can have on businesses. By taking an active role in the legislative process, we participate in the important dialog around worker safety and advocate for best practices industry-wide so all can benefit from our workers compensation expertise.

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Worker comp FAQs

Easy reads and quick finds - answers to workers compensation questions

Choosing workers compensation insurance takes understanding of legal requirements, coverage needs, business strategy, operations and payroll. Travelers workers comp FAQ pages provide support through it all.

Find answers

Why choose Travelers

Care for the employee, confidence for the employer

Employees are at the heart of every business. That's why Travelers is here to help employers keep them safe and support them when accidents happen. Our experienced teams guide both employers and their injured employees through recovery, from getting the right care to returning to work as soon as medically appropriate. In fact, 70% of injured employees return to work within 30 days.

Travelers approach

Information for Washington, D.C. businesses

Resources

Travelers workers compensation hub

Travelers workers compensation claim process

TravPay®/Pay-as-you-go billing

Premium Audit

Risk Management Information Services (RMIS)

Travelers Risk Control

Government links

Washington, D.C. Department of Employment Services (DOES) Office of Workers’ Compensation (OWC)

Washington, D.C. DOES OWC Employers Brochure

More Prepare & Prevent

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Sources
https://does.dc.gov/page/workers-compensation-does

Washington, D.C. Workers Compensation

Who is required to carry workers compensation insurance in Washington, D.C.?

Washington, D.C. requirements to consider

Who can receive workers compensation benefits in Washington, D.C.?

Educational institutions

Business & professional services

Manufacturing

Compensable injuries

Posting notices

Providing medical treatment

Providing lost wages (indemnity)

Prompt reporting and forms

Record keeping

Penalties

Calculating Average Weekly Wage (AWW) in Washington, D.C.

Temporary Total Disability (TTD) benefits

Temporary Partial Disability (TPD) benefits

Permanent Partial Disability (PPD) benefits

Permanent Total Disability (PTD) benefits

Fatality benefits

Vocational rehabilitation

Medical benefits

Workplace Safety Resources

How to Unlock the Strategic Value of Benchmarking in Workers Compensation

Workplace Safety Resources

How Presumption Laws Are Changing Workers Compensation

Workplace Safety Resources

How Does Workers Compensation Apply to Employees Versus Contractors

Workplace Safety Resources

Workers Compensation Coverage for Business Leaders

Resources

Government links

Employee Wellness Resources

Helping to Prevent Chronic Pain and Opioid Abuse in the Workplace

Workplace Safety Resources

The Travelers Injury Impact Report

Workplace Safety Resources

How New Employee Onboarding Can Promote Safety