Wash. Rev. Code » Title 51 · Chapter 51.32
Revised Code of Washington

Wash. Rev. Code § 51.32.040 (2026)

✓ current as of May 2026
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(1) Except as provided in RCW 43.20B.720, 72.09.111, 74.20A.260, and 51.32.380, no money paid or payable under this title shall , be assigned, charged, or taken in execution, attached, garnished, or pass or be paid to any other person by operation of law, any form of voluntary assignment, or power of attorney. Any such assignment or charge is void unless the transfer is to a financial institution at the request of a worker or other beneficiary and made in accordance with RCW 51.32.045. Payments retain their exempt status even after issuance.
(2)(a) If any worker suffers (i) a permanent partial injury and dies from some other cause than the accident which produced the injury before he or she receives payment of the award for the permanent partial injury or (ii) any other injury before he or she receives payment of any monthly installment covering any period of time before his or her death, the amount of the permanent partial disability award or the monthly payment, or both, shall be paid to the surviving spouse or the child or children if there is no surviving spouse. If there is no surviving spouse and no child or children, the award or the amount of the monthly payment shall be paid by the department or self-insurer and distributed consistent with the terms of the decedent's will or, if the decedent dies intestate, consistent with the terms of RCW 11.04.015.
(b) If any worker suffers an injury and dies from it before he or she receives payment of any monthly installment covering time loss for any period of time before his or her death, the amount of the monthly payment shall be paid to the surviving spouse or the child or children if there is no surviving spouse. If there is no surviving spouse and no child or children, the amount of the monthly payment shall be paid by the department or self-insurer and distributed consistent with the terms of the decedent's will or, if the decedent dies intestate, consistent with the terms of RCW 11.04.015.
(c) Any application for compensation under this subsection (2) shall be filed with the department or self-insuring employer within one year of the date of death. The department or self-insurer may satisfy its responsibilities under this subsection (2) by sending any payment due in the name of the decedent and to the last known address of the decedent.
(3)(a) Any worker or beneficiary receiving benefits under this title who is subsequently confined in, or who subsequently becomes eligible for benefits under this title while confined in, any institution under conviction and sentence shall have all payments of the compensation canceled during the period of confinement. After discharge from the institution, payment of benefits due afterward shall be paid if the worker or beneficiary would, except for the provisions of this subsection (3), otherwise be entitled to them.
(b) If any prisoner is injured in the course of his or her employment while participating in a work or training release program authorized by chapter 72.65 RCW and is subject to the provisions of this title, he or she is entitled to payments under this title, subject to the requirements of chapter 72.65 RCW, unless his or her participation in the program has been canceled, or unless he or she is returned to a state correctional institution, as defined in RCW 72.65.010(3), as a result of revocation of parole or new sentence.
(c) If the confined worker has any beneficiaries during the confinement period during which benefits are canceled under (a) or (b) of this subsection, they shall be paid directly the monthly benefits which would have been paid to the worker for himself or herself and the worker's beneficiaries had the worker not been confined.
(4) Any lump sum benefits to which a worker would otherwise be entitled but for the provisions of this section shall be paid on a monthly basis to his or her beneficiaries.
[ 2023 c 393 s 3; 2013 c 125 s 6; 2003 c 379 s 27; 1999 c 185 s 1; 1996 c 47 s 1; 1995 c 160 s 3; 1987 c 75 s 7; 1983 c 2 s 13. Prior: 1982 c 201 s 8; 1982 c 109 s 10; 1979 ex.s. c 171 s 11; 1977 ex.s. c 350 s 41; 1975 1st ex.s. c 224 s 8; 1974 ex.s. c 30 s 1; prior: 1973 1st ex.s. c 154 s 95; 1972 ex.s. c 43 s 18; 1971 ex.s. c 289 s 43; 1965 ex.s. c 165 s 2; 1961 c 23 s 51.32.040; prior: 1957 c 70 s 29; prior: 1947 c 56 s 1, part; 1927 c 310 s 7, part; 1923 c 136 s 4, part; 1921 c 182 s 6, part; 1919 c 131 s 6, part; 1911 c 74 s 10, part; Rem. Supp. 1947 s 7684, part.]

Notes:

Severability—Effective dates—2003 c 379: See notes following RCW 9.94A.728.
Intent—Purpose—2003 c 379 ss 13-27: See note following RCW 9.94A.760.
Application—1995 c 160 ss 2 and 3: See note following RCW 51.32.020.
Savings—1987 c 75: See RCW 43.20B.900.
Severability—1983 c 2: See note following RCW 18.71.030.
Severability—1979 ex.s. c 171: See note following RCW 74.20.300.
Effective date—1975 1st ex.s. c 224: See note following RCW 51.04.110.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
Notes of Decisions
Cited in 24 cases (1 in the last 5 years), 1956–2025 · leading case: Willoughby v. Dep't of Labor & Indus., 147 Wash. 2d 725 (Wash. 2002).
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Willoughby v. Dep't of Labor & Indus., 147 Wash. 2d 725 (Wash. 2002). · cites it 35× “It also concluded RCW 51.32.040 (3)(a) and 72.60.102 conflicted with RCW 9.”
In re the Marriage of Persinger, 355 P.3d 291 (Wash. Ct. App. 2015). · cites it 11× “RCW 51.32.040.” Id. at 19-20 (citation omitted).”
Rabey v. Dep't of Labor, 101 Wash. App. 390 (Wash. Ct. App. 2000). · cites it 5× “Rabey’s death as required under RCW 51.32.040. Mrs. Rabey appealed the determination to the Board.”
In Re the Marriage of Dugan-Gaunt, 915 P.2d 541 (Wash. Ct. App. 1996). · cites it 5× “In January 1995, Chris was awarded a permanent partial disability award. Chris and his workers’ compensation attorney, Terry Barnett, then sought to vacate the modification order.”
Powell v. Dep't of Labor & Indus., 485 P.2d 990 (Wash. 1971). · cites it 7× “This is an action by the widow of a deceased workman, claiming benefits under RCW 51.32.040. Mrs. Powell asserts a right to receive monthly installments alleged to have been payable to her husband for permanent total disability suffered between October 23, 1959, and November…”
Johnson v. Dep't of Labor & Indus., 788 P.2d 551 (Wash. 1990). · cites it 12× “There are two statutes involved, RCW 51.32.040 and RCW 4.20.046. We turn first to RCW 51.”
Willoughby v. Dept. of Labor & Indus., 57 P.3d 611 (Wash. 2002). · cites it 35× “040(3)(a) cannot operate to violate due process because the appellant-prisoners' rights to benefits were subject to all of the workers' compensation statutes, including RCW 51.32.040, existing at the time their injuries occurred.”
Romero v. Earl, 810 P.2d 808 (N.M. 1991). “07 (Vernon 1991) (benefits neither assignable nor subject to garnishment, attachment, judgment, and other actions or claims); Wash.Rev.Code § 51.32.040 (1989) (no money paid under act shall be assigned, charged or ever taken in execution or attached or garnished).”
Lightle v. Dep't of Labor & Indus., 413 P.2d 814 (Wash. 1966). · cites it 2× “The appeal is limited to a single issue: Does the Industrial Insurance Act permit a widow to pursue her husband’s unliquidated claim for time loss compensation? RCW 51.32.040 provides: No money paid or payable under this title out of the accident fund or out of the medical aid…”
In Re Cassel, 388 P.2d 952 (Wash. 1964). · cites it 3× “In support of this contention, it is urged that RCW 51.32.040, and our construction thereof, does not apply to a widow's claim for benefits under the Workmen's Compensation Act.”
Rabey v. Dep't of Labor & Indus., 3 P.3d 217 (Wash. Ct. App. 2000). · cites it 5× “Rabey's death as required under RCW 51.32.040. Mrs. Rabey appealed the determination to the Board.”
In Re Martin, 118 P.3d 387 (Wash. Ct. App. 2005). “111); statutes regarding payment of industrial insurance compensation claims to inmates (RCW 51.32.040); civil procedure statutes addressing satisfaction of judgments (RCW 4.”
Show all 24 citing cases →
— Wash. Rev. Code § 51.32.040(1) — 3 cases
In re the Marriage of Persinger, 355 P.3d 291 (Wash. Ct. App. 2015). “RCW 51.32.040.” Id. at 19-20 (citation omitted).”
In Re the Marriage of Dugan-Gaunt, 915 P.2d 541 (Wash. Ct. App. 1996). “In January 1995, Chris was awarded a permanent partial disability award. Chris and his workers’ compensation attorney, Terry Barnett, then sought to vacate the modification order.”
In re the Marriage of: Holly L. Persinger & Marc G. Persinger (Wash. Ct. App. 2015).
— Wash. Rev. Code § 51.32.040(2)(a) — 3 cases
Willoughby v. Dep't of Labor & Indus., 147 Wash. 2d 725 (Wash. 2002). “It also concluded RCW 51.32.040 (3)(a) and 72.60.102 conflicted with RCW 9.”
Willoughby v. Dept. of Labor & Indus., 57 P.3d 611 (Wash. 2002). “040(3)(a) cannot operate to violate due process because the appellant-prisoners' rights to benefits were subject to all of the workers' compensation statutes, including RCW 51.32.040, existing at the time their injuries occurred.”
Olabamiji M. Idowu, Jr. (dec'd) V. Learning Land Ii & Wa State Dept. Of L&i (Wash. Ct. App. 2025).
— Wash. Rev. Code § 51.32.040(2)(c) — 2 cases
Rabey v. Dep't of Labor, 101 Wash. App. 390 (Wash. Ct. App. 2000). “Rabey’s death as required under RCW 51.32.040. Mrs. Rabey appealed the determination to the Board.”
Rabey v. Dep't of Labor & Indus., 3 P.3d 217 (Wash. Ct. App. 2000). “Rabey's death as required under RCW 51.32.040. Mrs. Rabey appealed the determination to the Board.”
— Wash. Rev. Code § 51.32.040(3) — 2 cases
Willoughby v. Dep't of Labor & Indus., 147 Wash. 2d 725 (Wash. 2002). “It also concluded RCW 51.32.040 (3)(a) and 72.60.102 conflicted with RCW 9.”
Willoughby v. Dept. of Labor & Indus., 57 P.3d 611 (Wash. 2002). “040(3)(a) cannot operate to violate due process because the appellant-prisoners' rights to benefits were subject to all of the workers' compensation statutes, including RCW 51.32.040, existing at the time their injuries occurred.”
— Wash. Rev. Code § 51.32.040(3)(a) — 2 cases
Willoughby v. Dep't of Labor & Indus., 147 Wash. 2d 725 (Wash. 2002). “It also concluded RCW 51.32.040 (3)(a) and 72.60.102 conflicted with RCW 9.”
Willoughby v. Dept. of Labor & Indus., 57 P.3d 611 (Wash. 2002). “040(3)(a) cannot operate to violate due process because the appellant-prisoners' rights to benefits were subject to all of the workers' compensation statutes, including RCW 51.32.040, existing at the time their injuries occurred.”
— Wash. Rev. Code § 51.32.040(4) — 2 cases
Willoughby v. Dep't of Labor & Indus., 147 Wash. 2d 725 (Wash. 2002). “It also concluded RCW 51.32.040 (3)(a) and 72.60.102 conflicted with RCW 9.”
Willoughby v. Dept. of Labor & Indus., 57 P.3d 611 (Wash. 2002). “040(3)(a) cannot operate to violate due process because the appellant-prisoners' rights to benefits were subject to all of the workers' compensation statutes, including RCW 51.32.040, existing at the time their injuries occurred.”
— Wash. Rev. Code § 51.32.040(l) — 1 case
In re the Marriage of Persinger, 355 P.3d 291 (Wash. Ct. App. 2015). “RCW 51.32.040.” Id. at 19-20 (citation omitted).”
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