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

Wash. Rev. Code § 38.52.340 (2026)

Benefits under other compensation plans

✓ current as of May 2026
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Nothing in this chapter shall deprive any emergency worker or his or her dependents of any right to compensation for injury or death sustained in the course of his or her regular employment even though his or her regular work is under direction of emergency management authorities: PROVIDED, That such worker, if he or she is eligible for some other compensation plan, and receives the benefits of such plan shall not also receive any compensation under this chapter. The department shall adopt such rules and regulations as may be necessary to protect the rights of such workers and may enter into agreements with authorities in charge of other compensation plans to insure protection of such workers: PROVIDED, That if the compensation from some other plan is less than would have been available under this chapter, he or she shall be entitled to receive the deficiency between the amount received under such other plan and the amount available under this chapter.
[ 1986 c 266 s 39; 1984 c 38 s 35; 1974 ex.s. c 171 s 36; 1953 c 223 s 18.]

Notes:

Severability—1986 c 266: See note following RCW 38.52.005.
Notes of Decisions
Cited in 2 cases, 2001–2001 · leading case: Hauber v. Yakima Cnty., 107 Wash. App. 437 (Wash. Ct. App. 2001).
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Hauber v. Yakima Cnty., 107 Wash. App. 437 (Wash. Ct. App. 2001). · cites it 2× “RCW 38.52.340. However, if the compensation from another plan is less than would have been available under chapter 38.”
Hauber v. Cnty. of Yakima, 27 P.3d 257 (Wash. Ct. App. 2001). · cites it 2× “52 RCW, the emergency worker is entitled to receive the deficiency under this chapter. RCW 38.52.340. In order to qualify for compensation under chapter 38.”
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