{"data":{"id":"us-wa/rcw-51.24.050","jurisdiction":"us-wa","citation":"RCW 51.24.050","heading":"Assignment of cause of action—Disposition of recovered amount.","body":"(1) An election not to proceed against the third person operates as an assignment of the cause of action to the department or self-insurer, which may prosecute or compromise the action in its discretion in the name of the injured worker, beneficiary or legal representative.\n(2) If an injury to a worker results in the worker's death, the department or self-insurer to which the cause of action has been assigned may petition a court for the appointment of a special personal representative for the limited purpose of maintaining an action under this chapter and chapter 4.20 RCW.\n(3) If a beneficiary is a minor child, an election not to proceed against a third person on such beneficiary's cause of action may be exercised by the beneficiary's legal custodian or guardian.\n(4) Any recovery made by the department or self-insurer shall be distributed as follows:\n(a) The department or self-insurer shall be paid the expenses incurred in making the recovery including reasonable costs of legal services;\n(b) The injured worker or beneficiary shall be paid twenty-five percent of the balance of the recovery made, which shall not be subject to subsection (5) of this section: PROVIDED, That in the event of a compromise and settlement by the parties, the injured worker or beneficiary may agree to a sum less than twenty-five percent;\n(c) The department and/or self-insurer shall be paid the compensation and benefits paid to or on behalf of the injured worker or beneficiary by the department and/or self-insurer; and\n(d) The injured worker or beneficiary shall be paid any remaining balance.\n(5) Thereafter no payment shall be made to or on behalf of a worker or beneficiary by the department and/or self-insurer for such injury until the amount of any further compensation and benefits shall equal any such remaining balance. Thereafter, such benefits shall be paid by the department and/or self-insurer to or on behalf of the worker or beneficiary as though no recovery had been made from a third person.\n(6) When the cause of action has been assigned to the self-insurer and compensation and benefits have been paid and/or are payable from state funds for the same injury:\n(a) The prosecution of such cause of action shall also be for the benefit of the department to the extent of compensation and benefits paid and payable from state funds;\n(b) Any compromise or settlement of such cause of action which results in less than the entitlement under this title is void unless made with the written approval of the department;\n(c) The department shall be reimbursed for compensation and benefits paid from state funds;\n(d) The department shall bear its proportionate share of the costs and reasonable attorneys' fees incurred by the self-insurer in obtaining the award or settlement; and\n(e) Any remaining balance under subsection (4)(d) of this section shall be applied, under subsection (5) of this section, to reduce the obligations of the department and self-insurer to pay further compensation and benefits in proportion to which the obligations of each bear to the remaining entitlement of the worker or beneficiary.","path":["Title 51","Chapter 51.24"],"source_url":"https://app.leg.wa.gov/rcw/default.aspx?cite=51.24.050","current_through":"July 15, 2026","vintage":"","retrieved_at":"2026-09-06T03:27:27Z","sha256":"79ea84b8edda42e2d679e971232b67d0cdcbcedc5dcedebd53bee2e44fd79d7c","source_id":"us-wa","stale":false,"prev":"us-wa/rcw-51.24.040","next":"us-wa/rcw-51.24.060"},"notice":"GroundRules: Original legal text. Not legal advice."}