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.

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.

Terms Used In Washington Code 38.52.300

  • Department: means the state military department. See Washington Code 38.52.010
  • Emergency worker: means any person who is registered with a local emergency management organization or the department and holds an identification card issued by the local emergency management director or the department for the purpose of engaging in authorized emergency management activities or is an employee of the state of Washington or any political subdivision thereof who is called upon to perform emergency management activities. See Washington Code 38.52.010
  • Injury: as used in this chapter shall mean and include accidental injuries and/or occupational diseases arising out of emergency management activities. See Washington Code 38.52.010
  • person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
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