SENATE BILL REPORT
SB 6409
AS OF FEBRUARY 1, 1994
Brief Description: Modifying rights and duties for actions for injury or death against third persons.
SPONSORS: Senator Hargrove
SENATE COMMITTEE ON LABOR & COMMERCE
Staff: Dave Cheal (786‑7576)
Hearing Dates: February 2, 1994
BACKGROUND:
A worker may not sue his or her employer for damages caused by an injury on the job, unless the employer intentionally causes the injury. However, injured workers may have a right to sue third parties. Examples are the employees of another employer working at the job site who caused the injury, or the manufacturer of a defective piece of equipment.
If the injured worker chooses not to sue a responsible third party, the Department of Labor and Industries or a self-insured employer has the right to sue the third party on behalf of the worker. Injuries caused by a third party entitle the worker to industrial insurance benefits and the cost of those benefits may adversely affect the employer.
SUMMARY:
The Department of Labor and Industries or self-insurer is declared to have a fiduciary duty to the injured worker with respect to third party claims. In a case that has been assigned to the department rather than a self insurer, the employer is given a cause of action to enforce the fiduciary duty to the extent the employer's cost experience is adversely affected.
Appropriation: none
Revenue: none
Fiscal Note: requested