Wash. Rev. Code » Title 41 · Chapter 41.26
Revised Code of Washington

Wash. Rev. Code § 41.26.281 (2026)

Cause of action for injury or death, when

✓ current as of May 2026
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***
If injury or death results to a member from the intentional or negligent act or omission of a member's governmental employer, the member, the widow, widower, child, or dependent of the member shall have the privilege to benefit under this chapter and also have cause of action against the governmental employer as otherwise provided by law, for any excess of damages over the amount received or receivable under this chapter.
[ 1991 c 35 s 28; 1971 ex.s. c 257 s 15. Formerly RCW 41.26.058, 41.26.280.]

Notes:

Intent—1991 c 35: See note following RCW 41.26.005.
Purpose—Severability—1971 ex.s. c 257: See notes following RCW 41.26.030.
Notes of Decisions
Cited in 23 cases (3 in the last 5 years), 1994–2024 · leading case: Locke v. City of Seattle, 137 P.3d 52 (Wash. Ct. App. 2006).
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Locke v. City of Seattle, 137 P.3d 52 (Wash. Ct. App. 2006). · cites it 17× “[2] Locke brought his claim pursuant to *55 RCW 41.26.281, which provides LEOFF members with the right to bring personal injury claims against their governmental employers.”
Locke v. City of Seattle, 133 Wash. App. 696 (Wash. Ct. App. 2006). · cites it 14× “280 [now RCW 41.26.281] granted LEOFF members a “right to sue” their employers for negligence.”
Locke v. City of Seattle, 172 P.3d 705 (Wash. 2007). · cites it 5× “See RCW 41.26.281 ("right to sue" provision).”
Locke v. City of Seattle, 162 Wash. 2d 474 (Wash. 2007). · cites it 5× “See RCW 41.26.281 (“right to sue” provision).”
Erik T. Salisbury, Et Ano, V. City Of Seattle, Et Ano, 522 P.3d 1019 (Wash. Ct. App. 2023). · cites it 9× “Further, in connection with the City’s claim for an offset under RCW 41.26.281, the City later put on evidence that it paid benefits to Salisbury to replace income he lost among other economic losses as a result of his injury.”
Flanigan v. Dep't of Labor & Indus., 869 P.2d 14 (Wash. 1994). · cites it 4× “RCW 41.26.281. Damages awarded by way of this exception are in lieu of compensation paid under the Act, and benefits are reduced according to the amount of damages recovered.”
Fray v. Spokane Cnty., 952 P.2d 601 (Wash. 1998). · cites it 5× “280 (now RCW 41.26.281), the right to sue provision, was not among the sections listed in RCW 41.”
Fray ex rel. Fray v. Spokane Cnty., 952 P.2d 601 (Wash. 1998). · cites it 4× “280 (now RCW 41.26.281), the right to sue provision, was not among the sections listed in RCW 41.”
Lascheid v. City of Kennewick, 154 P.3d 307 (Wash. Ct. App. 2007). · cites it 4× “RCW 41.26.281; Locke v. City of Seattle, 133 Wn.”
Fray v. Spokane Cnty., 931 P.2d 918 (Wash. Ct. App. 1997). · cites it 4× “” RCW 41.26.281 (emphasis added). Further, the provision granting industrial insurance benefits provides: "Notwithstanding any other provision of law, members shall be eligible for industrial insurance as provided by Title 51 RCW, as now or hereafter amended .”
Hauber v. Yakima Cnty., 56 P.3d 559 (Wash. 2002). · cites it 3× “010, RCW 41.26.281. If Hauber had been killed as a fire fighter, he might have had a negligence suit against his employer.”
Hauber v. Yakima Cnty., 56 P.3d 559 (Wash. 2002). · cites it 2× “If Hauber had responded to the call as a fire fighter or pursuant to a mutual aid agreement, he may have been entitled to bring suit against the city for negligence under RCW 41.26.281 by application of RCW 38.52.”
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