BILL REQ. #: S-0337.1
State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 01/19/11. Referred to Committee on Labor, Commerce & Consumer Protection.
AN ACT Relating to defining recovery for purposes of legal actions under the industrial insurance statutes; and amending RCW 51.24.030.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 51.24.030 and 1995 c 199 s 2 are each amended to read
as follows:
(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 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.
(5) For the purposes of this chapter, "recovery" includes all
economic and noneconomic damages except loss of consortium.