Who entitled to compensation. (Effective until July 1, 2026.)
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 date—1975 1st ex.s. c 224: See note following RCW 51.04.110.
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 date—2025 c 168: "This act takes effect July 1, 2026." [ 2025 c 168 s 3.]
Effective date—1975 1st ex.s. c 224: See note following RCW 51.04.110.