Revised Code of Washington

Wash. Rev. Code § 51.32.010 (2026)

✓ current as of May 2026
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Each worker injured in the course of his or her employment, or his or her family or dependents in case of death of the worker, shall receive compensation in accordance with this chapter, and, except as in this title otherwise provided, such payment shall be in lieu of any and all rights of action whatsoever against any person whomsoever: PROVIDED, That if an injured worker, or the surviving spouse of an injured worker shall not have the legal custody of a child for, or on account of whom payments are required to be made under this title, such payment or payments shall be made to the person or persons having the legal custody of such child but only for the periods of time after the department has been notified of the fact of such legal custody, and it shall be the duty of any such person or persons receiving payments because of legal custody of any child immediately to notify the department of any change in such legal custody.
[ 1977 ex.s. c 350 s 37; 1975 1st ex.s. c 224 s 7; 1971 ex.s. c 289 s 40; 1961 c 23 s 51.32.010. Prior: 1957 c 70 s 26; prior: 1949 c 219 s 1, part; 1947 c 246 s 1, part; 1929 c 132 s 2, part; 1927 c 310 s 4, part; 1923 c 136 s 2, part; 1919 c 131 s 4, part; 1917 c 28 s 1, part; 1913 c 148 s 1, part; 1911 c 74 s 5, part; Rem. Supp. 1949 s 7679, part.]

Notes:

Effective date1975 1st ex.s. c 224: See note following RCW 51.04.110.
Effective datesSeverability1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.

Who Entitled to Compensation. (Effective July 1, 2026.)

(1) Except as provided in subsection (2) of this section, each worker injured in the course of the worker's employment, or the worker's family or dependents in case of death of the worker, shall receive compensation in accordance with this chapter, and, except as in this title otherwise provided, such payment shall be in lieu of any and all rights of action whatsoever against any person whomsoever.
(2)(a) If an injured worker, or the surviving spouse of an injured worker shall not have the legal custody of a child for, or on account of whom payments are required to be made under this title, such payment or payments shall be made to the person or persons having the legal custody of such child but only for the periods of time after the department has been notified of the fact of such legal custody, and it shall be the duty of any such person or persons receiving payments because of legal custody of any child immediately to notify the department of any change in such legal custody.
(b)(i) For claims with a date of injury or disease manifestation on or after July 1, 2026, the payment or payments to be made to the person or persons having the legal custody of a worker's child shall be two percent of the worker's wages.
(ii) For claims with a date of injury or disease manifestation on or after July 1, 2026, the payment to be made to the worker or surviving spouse under this chapter shall be reduced by the amount of the payment or payments to be made to person or persons having the legal custody of a worker's child or children under (b)(i) of this subsection (2).
[ 2025 c 168 s 1; 1977 ex.s. c 350 s 37; 1975 1st ex.s. c 224 s 7; 1971 ex.s. c 289 s 40; 1961 c 23 s 51.32.010. Prior: 1957 c 70 s 26; prior: 1949 c 219 s 1, part; 1947 c 246 s 1, part; 1929 c 132 s 2, part; 1927 c 310 s 4, part; 1923 c 136 s 2, part; 1919 c 131 s 4, part; 1917 c 28 s 1, part; 1913 c 148 s 1, part; 1911 c 74 s 5, part; Rem. Supp. 1949 s 7679, part.]

Notes:

Effective date2025 c 168: "This act takes effect July 1, 2026." [ 2025 c 168 s 3.]
Effective date1975 1st ex.s. c 224: See note following RCW 51.04.110.
Effective datesSeverability1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.
Notes of Decisions
Cited in 118 cases (18 in the last 5 years), 1953–2026 · leading case: Flanigan v. Dep't of Labor & Indus., 869 P.2d 14 (Wash. 1994).
Flanigan v. Dep't of Labor & Indus., 869 P.2d 14 (Wash. 1994). · cites it 8× “See RCW 51.32.010, .015, .180. In return, employers are shielded from the full range of damages available to injured workers under the common law.”
Cockle v. Dept. of Labor & Indus., 16 P.3d 583 (Wash. 2001). · cites it 3× “at 593. [4] By its terms, RCW 51.32.060 sets forth the mechanism for payment of time loss benefits.”
Cockle v. Dep't of Labor & Indus., 142 Wash. 2d 801 (Wash. 2001). · cites it 3× “” RCW 51.32.010; see also RCW 51.32.050. However, it *822 should be noted that both the Department and the dissent propose ejusdem generis criteria vulnerable to the same criticism leveled against the Court of Appeals.”
Provost v. Puget Sound Power & Light Co., 696 P.2d 1238 (Wash. 1985). · cites it 5× “010 and RCW 51.32.010, apply to bar an action brought by members of the employee's immediate family against an employer and a fellow employee for negligent infliction of emotional distress, loss of spousal consortium, and loss of parental consortium.”
Wilmot v. Kaiser Aluminum & Chem. Corp., 821 P.2d 18 (Wash. 1991). · cites it 2× “(Some italics ours.) Defendant Kaiser maintains, though, that the placement of RCW 51.”
West v. Zeibell, 550 P.2d 522 (Wash. 1976). · cites it 4× “RCW 51.32.010 strengthens our decision that the plaintiffs’ action is barred.”
Dennis v. Dep't of Labor & Indus., 745 P.2d 1295 (Wash. 1987). · cites it 2× “The "arising out of employment" requirement in most state statutes applies to all claims for workers' compensation.”
Seattle-First Nat'l Bank v. Shoreline Concrete Co., 588 P.2d 1308 (Wash. 1978). · cites it 2× “RCW 51.32.010 also provides in part: Each workman injured in the course of his employment, or his family or dependents in case of death of the workman, shall receive compensation in accordance with this chapter, and, except as in this title otherwise provided, such payment shall…”
Glass v. Stahl Specialty Co., 652 P.2d 948 (Wash. 1982). · cites it 2× “020, the Washington Industrial Insurance Act, RCW Title 51, is the sole and exclusive remedy for an employee against an employer for injuries sustained in the course of employment.”
Jepson v. Dep't of Labor & Indus., 573 P.2d 10 (Wash. 1977). · cites it 2× “See RCW 51.32.010,.015. Thus, while the 1971 amendment includes the occupation in which plaintiff was engaged, RCW Title 51 does not automatically cover an individual working in that occupation unless (a) he is a workman/employee under the provisions of RCW 51.”
Deeter v. Safeway Stores, Inc., 747 P.2d 1103 (Wash. Ct. App. 1987). · cites it 4× “Each worker injured in the course of his or her employment, or his or her family or dependents in case of death of the worker, shall receive compensation in accordance with this chapter, and, except as in this title otherwise provided, such payment shall be in lieu of any and…”
Minton v. Ralston Purina Co., 47 P.3d 556 (Wash. 2002). · cites it 2× “The defendants moved for summary judgment asserting that Interstate and Continental were immune from liability under the provisions of the Act, RCW 51.32.010 and RCW 51.04.010, and that Ralston, as a parent corporation, was not liable to Minton for the torts of its wholly owned…”
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