Wash. Rev. Code » Title 51 · Chapter 51.04
Revised Code of Washington

Wash. Rev. Code § 51.04.060 (2026)

No evasion of benefits or burdens

✓ current as of May 2026
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No employer or worker shall exempt himself or herself from the burden or waive the benefits of this title by any contract, agreement, rule or regulation, and any such contract, agreement, rule or regulation shall be pro tanto void.
[ 1977 ex.s. c 350 s 3; 1961 c 23 s 51.04.060. Prior: 1911 c 74 s 11; RRS s 7685.]
Notes of Decisions
Cited in 34 cases (3 in the last 5 years), 1970–2023 · leading case: Solven v. Dep't of Labor & Indus., 2 P.3d 492 (Wash. Ct. App. 2000).
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Solven v. Dep't of Labor & Indus., 2 P.3d 492 (Wash. Ct. App. 2000). · cites it 11× “It also argues that the earlier order, which was based upon an agreed medical exam, was valid and did not violate the prohibition in RCW 51.04.060 against employer/worker agreements to waive Industrial Insurance Act benefits.”
Redford v. City of Seattle, 615 P.2d 1285 (Wash. 1980). · cites it 3× “These "exclusive remedy" provisions of the workers' compensation law are supplemented by the "no waiver" requirements of RCW 51.04.060: No employer or worker shall exempt himself or herself from the burden or waive the benefits of this title by any contract, agreement, rule or…”
Brown v. Prime Constr. Co., 684 P.2d 73 (Wash. 1984). · cites it 2× “010 grants tort immunity to employers and, in exchange, gives employees sure and certain relief for any job related injury. Indemnity provisions operate to circumvent the provisions of the act by allowing employers to be ultimately liable for tort damages resulting from an…”
Subcontracting Concepts Ct, Inc., V. Fernanda Manzi & Leonardo Manzi, 529 P.3d 440 (Wash. Ct. App. 2023). · cites it 18× “— RCW 51.04.060 prohibits workers or employers from executing a contract that waives benefits under the Industrial Insurance Act (IIA), Title 51 RCW.”
Dep't of Labor & Indus. v. Mitchell Bros. Truck Line, Inc., 113 Wash. App. 700 (Wash. Ct. App. 2002). · cites it 2× “2 However, the lease arrangements between Mitchell Bros, and the lease-operators do not fall within the proscription of RCW 51.04.060. If the lease-operators are characterized as “owners,” then they fall under an exception to the Title 51 RCW insurance requirements.”
Dep't of Labor & Indus. v. Granger, 159 Wash. 2d 752 (Wash. 2007). “Because we are to construe the provisions of Title 51 RCW liberally in favor of *763 the worker, see RCW 51.”
Dep't v. Granger, 153 P.3d 839 (Wash. 2007). “Therefore, we look to the Act and its purpose in order to construe Granger's earning capacity at the time of his injury, and not to the rules of the union's trust fund and its conditions for benefit eligibility. Because we are to construe the provisions of Title 51 RCW liberally…”
Dep't of Labor & Indus. v. Fankhauser, 849 P.2d 1209 (Wash. 1993). “See RCW 51.04.060; see also RCW 51.12.010; 51.”
Henry Indus., Inc. v. Dep't Of Labor & Indus., 381 P.3d 172 (Wash. Ct. App. 2016). “31 RCW 51.04.060. 32 48 Wn.2d 470 , 294 P.2d 650 (1956).”
Tobin v. Dep't of Labor & Indus., 239 P.3d 544 (Wash. 2010). “RCW 51.04.060 (describing benefits and burdens of statute as mandatory, exclusive remedy).”
Tobin v. Dep't of Labor & Indus., 169 Wash. 2d 396 (Wash. 2010). “RCW 51.04.060 (describing benefits and burdens of statute as mandatory, exclusive remedy).”
Mandery v. Costco Wholesale Corp., 110 P.3d 788 (Wash. Ct. App. 2005). · cites it 2× “[7] Thus, under the express terms of RCW 51.04.060, Mandery cannot waive by contract her right to pursue these potential statutory benefits.”
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