HB 2123 -
By Representative Reykdal
SCOPE AND OBJECT 05/23/2011
On page 17, after line 35, insert the following:
Sec. 401 RCW 51.04.010 and 1977 ex.s. c 350 s 1 are each amended
to read as follows:
((The common law system governing the remedy of workers against
employers for injuries received in employment is inconsistent with
modern industrial conditions. In practice it proves to be economically
unwise and unfair. Its administration has produced the result that
little of the cost of the employer has reached the worker and that
little only at large expense to the public. The remedy of the worker
has been uncertain, slow and inadequate. Injuries in such works,
formerly occasional, have become frequent and inevitable.)) The
welfare of the state depends upon its industries, and even more upon
the welfare of its wage worker. The state of Washington, therefore,
exercising ((herein)) in this title its police and sovereign power,
declares that ((all phases of the premises are withdrawn from private
controversy, and)) sure and certain relief for workers, injured in
their work, and their families and dependents is hereby provided
regardless of questions of fault ((and to the exclusion of every other
remedy, proceeding or compensation, except as otherwise provided in
this title; and to that end all civil actions and civil causes of
action for such personal injuries and all jurisdiction of the courts of
the state over such causes are hereby abolished, except as in this
title provided)). Workers and their families and dependents shall be
entitled to the full compensation and benefits provided by this title
and also have a cause of action against the employer for damages as
otherwise provided by law.
Sec. 402 RCW 51.32.010 and 1977 ex.s. c 350 s 37 are each amended
to read as follows:
Each worker injured in the course of his or her employment, or his
or her family or dependents in case of death of the worker, shall
receive compensation in accordance with this chapter((, and, except as
in this title otherwise provided, such payment shall be in lieu of any
and all rights of action whatsoever against any person whomsoever:
PROVIDED, That)). However, if an injured worker, or the surviving
spouse of an injured worker shall not have the legal custody of a child
for, or on account of whom payments are required to be made under this
title, such payment or payments shall be made to the person or persons
having the legal custody of such child but only for the periods of time
after the department has been notified of the fact of such legal
custody, and it shall be the duty of any such person or persons
receiving payments because of legal custody of any child immediately to
notify the department of any change in such legal custody.
NEW SECTION. Sec. 403 RCW 51.24.020 (Action against employer for
intentional injury) and 1984 c 218 s 2, 1977 ex.s. c 350 s 31, 1973 1st
ex.s. c 154 s 94, & 1961 c 23 s 51.24.020 are each repealed."
Renumber the remaining parts and sections consecutively, correct any internal references accordingly, and correct the title.
EFFECT: Allows injured workers to seek damages in a cause of action against an employer in addition to receiving workers' compensation benefits.