Wash. Rev. Code » Title 51 · Chapter 51.24
Revised Code of Washington

Wash. Rev. Code § 51.24.040 (2026)

Election or recovery no bar to compensation or benefits

✓ current as of May 2026
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The injured worker or beneficiary shall be entitled to the full compensation and benefits provided by this title regardless of any election or recovery made under this chapter.
[ 1977 ex.s. c 85 s 2.]
Notes of Decisions
Cited in 10 cases, 1982–2005 · leading case: Glass v. Stahl Specialty Co., 652 P.2d 948 (Wash. 1982).
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Glass v. Stahl Specialty Co., 652 P.2d 948 (Wash. 1982). · cites it 2× “Although industrial insurance is the exclusive remedy against employers, an injured worker can elect to bring an action at law to recover damages from a negligent third party, who is not a coworker, and who is at least partially at fault in causing the injuries.”
Corr v. Willamette Indus., Inc., 713 P.2d 92 (Wash. 1986). · cites it 2× “Two doctrines potentially support Corr's characterization of Willamette as a third person: (1) dual capacity, and (2) dual persona. As discussed below, this court has rejected the former and finds that the latter does not apply given the facts of this case.”
Evans v. Thompson, 879 P.2d 938 (Wash. 1994). · cites it 2× “The interest of the Department in reimbursement from the recovery from a third party, RCW 51.24.040, clearly supports that policy.”
Clark v. Pacificorp, 822 P.2d 162 (Wash. 1991). “RCW 51.24.040. However, the Department is entitled to reimbursement of benefits paid if the third party recovery exceeds these benefits, and the act also provides a lien to enforce the reimbursement right.”
Maxey v. Dep't of Labor & Indus., 789 P.2d 75 (Wash. 1990). “The worker received industrial insurance compensation and benefits despite the third party action, as authorized by RCW 51.24.040. The third party action was settled.”
Tallerday v. Delong, 842 P.2d 1023 (Wash. Ct. App. 1993). “RCW 51.24.040; Clark v. Pacificorp, supra at 175.”
In Re the Est. of Boettcher, 665 P.2d 1378 (Wash. Ct. App. 1983). “RCW 51.24.040. If an election is made to pursue a third party claim and the beneficiary obtains an award or settlement, after pay *181 ment of costs and reasonable attorney's fees, 25 percent of the recovery is to be paid to the beneficiary.”
In Re the Est. of Kinsman, 721 P.2d 981 (Wash. Ct. App. 1986). “) One exception to the abolition of civil causes of action arises when a third party is liable for the harm *178 caused the employee.”
Frost v. Dep't of Labor & Indus., 954 P.2d 1340 (Wash. Ct. App. 1998). “RCW 51.24.040, .060. The Act provides a lien to enforce the Department’s reimbursement right.”
Garibay v. State, 128 P.3d 617 (Wash. Ct. App. 2005). “RCW 51.24.040. The Department, however, is entitled to reimbursement of any benefits paid if the recovery from the third party exceeds benefits paid.”
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