Title 51 — Title 51 INDUSTRIAL INSURANCE
14 chapters · 346 sections in this title.
RCW 51.24.020 Action against employer for intentional injury.
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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 en…
RCW 51.24.030 Action against third person—Election by injured person or beneficiary—Underinsured motorist insurance coverage.
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(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…
RCW 51.24.035 Immunity of design professional and employees.
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(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 a…
RCW 51.24.040 Election or recovery no bar to compensation or benefits.
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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.[ 1977 ex.s. c 85 s 2.]
RCW 51.24.050 Assignment of cause of action—Disposition of recovered amount.
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(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…
RCW 51.24.060 Distribution of amount recovered—Lien.
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*** CHANGE IN 2026 *** (SEE 6039-S.SL) ***(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 b…
RCW 51.24.070 Required election—Procedures—Right of reelection.
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*** CHANGE IN 2026 *** (SEE 6039-S.SL) ***(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 registered mail, certified mail, or personal service on the worker or ben…
RCW 51.24.080 Notice of election or copy of complaint to department or self-insurer—Filing notice.
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*** CHANGE IN 2026 *** (SEE 6039-S.SL) ***(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. The notice shall be by registered mail, certified mail, or personal service. If…
RCW 51.24.090 Compromise or settlement less than benefits.
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(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 depart…
RCW 51.24.100 Right to compensation not pleadable or admissible—Challenge to right to bring action.
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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 a…
RCW 51.24.110 Assigned cases—Special assistant attorneys general.
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(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 attorne…
RCW 51.24.120 Rules.
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The department may adopt, amend, and rescind under chapter 34.05 RCW such rules as may be necessary to the administration of this chapter.[ 1984 c 218 s 8.]
RCW 51.24.900 Application—1977 ex.s. c 85.
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This 1977 amendatory act shall apply only to causes of action which arise on or after its effective date.[ 1977 ex.s. c 85 s 9.]
RCW 51.24.902 Application—1984 c 218.
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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.[ 1984 c 218 s 9.]