Washington · statute · Wash. Rev. Code ch. 51.24 · 14 active provisions
If injury results to a worker from the deliberate intention of his or her employer to produce such injury, the worker or beneficiary of the worker shall have the privilege to take under this title and also have cause of action against the employer as if this title had not been enacted, for any damages in excess of comp…
(1) If a third person, not in a worker's same employ, is or may become liable to pay damages on account of a worker's injury for which benefits and compensation are provided under this title, the injured worker or beneficiary may elect to seek damages from the third person.(2) In every action brought under this section…
(1) Notwithstanding RCW 51.24.030(1), the injured worker or beneficiary may not seek damages against a design professional who is a third person and who has been retained to perform professional services on a construction project, or any employee of a design professional who is assisting or representing the design prof…
The injured worker or beneficiary shall be entitled to the full compensation and benefits provided by this title regardless of any election or recovery made under this chapter.
(1) An election not to proceed against the third person operates as an assignment of the cause of action to the department or self-insurer, which may prosecute or compromise the action in its discretion in the name of the injured worker, beneficiary or legal representative.(2) If an injury to a worker results in the wo…
(1) If the injured worker or beneficiary elects to seek damages from the third person, any recovery made shall be distributed as follows:(a) The costs and reasonable attorneys' fees shall be paid proportionately by the injured worker or beneficiary and the department and/or self-insurer: PROVIDED, That the department a…
(1) The department or self-insurer may require the injured worker or beneficiary to exercise the right of election under this chapter by serving a written demand by mail, or if the injured worker or beneficiary chooses, the department may send by secure electronic means.(2) Unless an election is made within 60 days of…
(1) If the injured worker or beneficiary elects to seek damages from the third person, notice of the election must be given to the department or self-insurer using an electronic or nonelectronic method by which the notice can be tracked or the delivery can be confirmed. If an action is filed by the injured worker or be…
(1) Any compromise or settlement of the third party cause of action by the injured worker or beneficiary which results in less than the entitlement under this title is void unless made with the written approval of the department or self-insurer. For a state fund claim, the department shall provide reasonable ongoing no…
The fact that the injured worker or beneficiary is entitled to compensation under this title shall not be pleaded or admissible in evidence in any third party action under this chapter. Any challenge of the right to bring such action shall be made by supplemental pleadings only and shall be decided by the court as a ma…
(1) Actions against third persons that are assigned by the claimant to the department, voluntarily or by operation of law in accordance with chapter 51.24 RCW, may be prosecuted by special assistant attorneys general.(2) The attorney general shall select special assistant attorneys general from a list compiled by the d…
The department may adopt, amend, and rescind under chapter 34.05 RCW such rules as may be necessary to the administration of this chapter.
This 1977 amendatory act shall apply only to causes of action which arise on or after its effective date.
This act applies to all causes of action against third persons in which judgment or settlement of the underlying action has not taken place before June 7, 1984.