Washington § 38.52.300 - Right of action against third party.

Full text of Washington Revised Code of Washington § 38.52.300 — Right of action against third party., with citation guidance and answers to common questions.

§ 38.52.300. Right of action against third party.

If the injury to an emergency worker is due to the negligence or wrong of another not on emergency duty, the injured worker, or if death results from the injury, the surviving spouse, children, parents or dependents, as the case may be, shall elect whether to take under this chapter or seek a remedy against such other, such election to be in advance of any suit under this chapter; and if the surviving spouse takes under this chapter, the cause of action against such other shall be assigned to the department; if the other choice is made, the compensation under this chapter shall be only the deficiency, if any, between the amount of recovery against such third person actually collected, and the compensation provided or estimated for such case under authority of this chapter: PROVIDED, That the department shall prosecute all claims assigned to it and do any and all things necessary to recover on behalf of the state any and all amounts which an employer or insurance carrier might recover under the provisions of the law.
[ 1986 c 266 s 35; 1984 c 38 s 31; 1973 1st ex.s. c 154 s 59; 1953 c 223 s 14.]

Notes

Severability—1986 c 266: See note following RCW 38.52.005.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.

Source: official Washington text · Last verified 2026-08-27

Related Washington Legal Topics

Frequently Asked Questions About Washington § 38.52.300

What does Revised Code of Washington § 38.52.300 cover?

Section 38.52.300 ("Right of action against third party.") is part of the Revised Code of Washington, the codified statutory law of Washington. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Washington § 38.52.300?

A common citation format is "Revised Code of Washington § 38.52.300" (Washington). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Washington law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Washington official source linked on this page or consult a licensed Washington attorney.

How does Washington § 38.52.300 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Washington can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Washington.