Wash. Rev. Code » Title 38 · Chapter 38.52
Revised Code of Washington

Wash. Rev. Code § 38.52.290 (2026)

Applicability of workers' compensation law

✓ current as of May 2026
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Insofar as not inconsistent with the provisions of this chapter, the maximum amount payable to a claimant shall be not greater than the amount allowable for similar disability under the workers' compensation act, chapter 51.32 RCW as amended by chapter 289, Laws of 1971 ex.sess., and any amendments thereto. "Employee" as used in said title shall include an emergency worker when liability for the furnishing of compensation and benefits exists pursuant to the provisions of this chapter and as limited by the provisions of this chapter. Where liability for compensation and benefits exists, such compensation and benefits shall be provided in accordance with the applicable provisions of said sections of chapter 51.32 RCW and at the maximum rate provided therein, subject, however, to the limitations set forth in this chapter.
[ 1987 c 185 s 8; 1984 c 38 s 30; 1974 ex.s. c 171 s 32; 1971 ex.s. c 289 s 71; 1953 c 223 s 13.]

Notes:

Intent—Severability—1987 c 185: See notes following RCW 51.12.130.
Severability—Effective dates—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.
Notes of Decisions
Cited in 4 cases, 2001–2002 · leading case: Hauber v. Yakima Cnty., 56 P.3d 559 (Wash. 2002).
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Hauber v. Yakima Cnty., 56 P.3d 559 (Wash. 2002). “or search and rescue operation that occurs under the direction and control of a local authorized official.” WAC 118-04-060(10). Deputy Town was such an official, and there is no dispute that the rescue attempt was such a mission.”
Hauber v. Yakima Cnty., 56 P.3d 559 (Wash. 2002). “RCW 38.52.290. The mission must be a distinct assignment "to achieve a set of tasks related to an incident.”
Hauber v. Yakima Cnty., 107 Wash. App. 437 (Wash. Ct. App. 2001). “RCW 38.52.290. If the emergency worker is eligible for benefits under another compensation plan, and receives those benefits, then he or she will not receive compensation under chapter 38.”
Hauber v. Cnty. of Yakima, 27 P.3d 257 (Wash. Ct. App. 2001). “RCW 38.52.340. However, if the compensation from another plan is less than would have been available under chapter 38.”
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