Nothing in this chapter shall deprive any emergency worker or his or her dependents of any right to compensation for injury or death sustained in the course of his or her regular employment even though his or her regular work is under direction of emergency management authorities: PROVIDED, That such worker, if he or she is eligible for some other compensation plan, and receives the benefits of such plan shall not also receive any compensation under this chapter. The department shall adopt such rules and regulations as may be necessary to protect the rights of such workers and may enter into agreements with authorities in charge of other compensation plans to insure protection of such workers: PROVIDED, That if the compensation from some other plan is less than would have been available under this chapter, he or she shall be entitled to receive the deficiency between the amount received under such other plan and the amount available under this chapter.

NOTES:

Severability—1986 c 266: See note following RCW 38.52.005.

Terms Used In Washington Code 38.52.340

  • 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
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