S-1975.1          _______________________________________________

                            SUBSTITUTE SENATE BILL 5858

                  _______________________________________________

State of Washington              52nd Legislature             1991 Regular Session

By Senate Committee on Commerce & Labor (originally sponsored by Senators Matson and Moore).

Read first time March 6, 1991.Prohibiting actions for damages by injured workers against contractors with joint supervision and control of the premises.

     AN ACT Relating to actions against contractors with joint supervision and control of premises; amending RCW 51.24.030; and adding a new section to chapter 51.24 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     Sec. 1.  RCW 51.24.030 and 1987 c 212 s 1701 are each amended to read as follows:

     (1) Except as provided in section 2 of this act, 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, the plaintiff shall give notice to the department or self-insurer when the action is filed.  The department or self-insurer may file a notice of statutory interest in recovery.  When such notice has been filed by the department or self-insurer, the parties shall thereafter serve copies of all notices, motions, pleadings, and other process on the department or self-insurer.  The department or self-insurer may then intervene as a party in the action to protect its statutory interest in recovery.

     (3) For the purposes of this chapter, "injury" shall include any physical or mental condition, disease, ailment or loss, including death, for which compensation and benefits are paid or payable under this title.

     (4) Damages recoverable by a worker or beneficiary pursuant to the underinsured motorist coverage of an insurance policy shall be subject to this chapter only if the owner of the policy is the employer of the injured worker.

NEW SECTION. Sec. 2.  A new section is added to chapter 51.24 RCW to read as follows:

     (1) An injured worker or beneficiary may not seek damages against a person engaged in any work of improvement on real property or construction work, done by contract if, at the time of the injury, the contractor or the contractor's worker causing the injury was on the premises over which the contractor had joint supervision and control with the employer of the injured worker and the contractor was an employer subject to this title.  No person primarily engaged in pick up or delivery of any goods, wares, or merchandise from or to the premises of an employer other than his or her own shall be deemed to have joint supervision or control over the premises.

     (2) As used in this section, "premises" means the place where the contractor, or the contractor's worker causing the injury, and the employer of the injured worker are engaged in the furtherance of a common enterprise or the accomplishment of the same or related purpose in the operation.