RCW 38.52.300
Right of action against third party.
If the injury to an emergency worker is due to the negligence or wrong of another not on emergency duty, the injured worker, or if death results from the injury, the surviving spouse, children, parents or dependents, as the case may be, shall elect whether to take under this chapter or seek a remedy against such other, such election to be in advance of any suit under this chapter; and if the surviving spouse takes under this chapter, the cause of action against such other shall be assigned to the department; if the other choice is made, the compensation under this chapter shall be only the deficiency, if any, between the amount of recovery against such third person actually collected, and the compensation provided or estimated for such case under authority of this chapter: PROVIDED, That the department shall prosecute all claims assigned to it and do any and all things necessary to recover on behalf of the state any and all amounts which an employer or insurance carrier might recover under the provisions of the law.
[ 1986 c 266 § 35; 1984 c 38 § 31; 1973 1st ex.s. c 154 § 59; 1953 c 223 § 14.]
NOTES:
Severability—1986 c 266: See note following RCW 38.52.005.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
Structure Revised Code of Washington
Title 38 - Militia and Military Affairs
Chapter 38.52 - Emergency Management.
38.52.020 - Declaration of policy and purpose.
38.52.037 - Comprehensive state mine rescue plan—Submittal to legislature.
38.52.050 - Governor's general powers and duties.
38.52.073 - Communication plan status report—Life safety information communication report.
38.52.080 - Outside aid—Rights and liabilities—Claims.
38.52.091 - Mutual aid and interlocal agreements—Requirements.
38.52.100 - Appropriations—Acceptance of funds, services, etc.
38.52.105 - Disaster response account.
38.52.120 - Political activity prohibited.
38.52.140 - Status of civil service employee preserved.
38.52.150 - Orders, rules, regulations—Enforcement—Availability—Penalty.
38.52.160 - Matching funds from political subdivision may be required.
38.52.170 - Plan for federal area.
38.52.190 - Compensation for injury or death—Chapter exclusive.
38.52.195 - Exemption from liability while providing construction, equipment, or work.
38.52.1951 - Application of exemption from liability for architects and engineers.
38.52.200 - Liability for compensation is in lieu of other liability—Exception.
38.52.205 - Claims arising from emergency management related activities—Filing—Contents.
38.52.210 - Compensation boards—Established.
38.52.220 - Compensation boards—Meetings—Claims not necessitating board meeting.
38.52.230 - Compensation boards—Attendance of witnesses, oaths, rules—Members uncompensated.
38.52.240 - Compensation boards—Duties as to compensation applications.
38.52.250 - Compensation boards—Quorum—Transmittal of minutes, claims—Appeal to department.
38.52.260 - When compensation furnished.
38.52.270 - Minors entitled to benefits.
38.52.280 - Compensation and benefits limited by appropriation.
38.52.290 - Applicability of workers' compensation law.
38.52.300 - Right of action against third party.
38.52.310 - Coverage, classification, registration, of workers.
38.52.320 - Schedule of payments.
38.52.330 - Expenditures authorized—Claims, payment and disposition—Appeals.
38.52.340 - Benefits under other compensation plans.
38.52.350 - Benefits furnished under federal law—Reduction of state benefits.
38.52.360 - Medical, surgical or hospital treatment.
38.52.370 - Medical, surgical or hospital treatment—Reimbursement.
38.52.380 - State compensation denied if payment prevents federal benefits.
38.52.390 - Contracts or work on cost basis for emergency management activities.
38.52.400 - Search and rescue activities—Powers and duties of local officials.
38.52.420 - Model contingency plan for pollution control facilities and hazardous waste management.
38.52.500 - Statewide 911 telephone service—Finding.
38.52.501 - Statewide 911 emergency communications service—Findings.
38.52.505 - Statewide 911 emergency service—Automatic location identification—Rules.
38.52.520 - State 911 coordination office.
38.52.525 - State 911 coordination office—Public education materials.
38.52.531 - 911 advisory committee.
38.52.535 - State 911 coordination office and advisory committee—Uniform national standards.
38.52.545 - Priorities for 911 funding.
38.52.550 - Emergency communications systems and information—Immunity from civil liability.
38.52.920 - Repeal and saving.
38.52.930 - Transfer of powers, duties, and functions to state military department.
38.52.940 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.