Employees or corporate officers of an employer, or managers, managing members, or
members of a limited-liability company subject to or who have elected to become subject
to the provisions of chapters 29 — 38 of this title as provided in § 28-29-8 shall be held to have waived his or her right of action at common law to recover
damages for personal injuries if he or she has not given his or her employer at the
time of the contract of hire or appointment notice in writing that he or she claims
that right and within ten (10) days after that has filed a copy of the notice with
the director, or, if the contract of hire or appointment was made before the employer
became subject to or elected to become subject to the provisions of those chapters,
the employee, or corporate officer, or manager, managing member, or member of a limited-liability
company must have given notice and filed it with the director within ten (10) days
after the filing by the employer who or that is subject to or who or that has elected
to become subject to the provisions of those chapters of the written statement as
provided. That waiver shall continue in force for the term of one year, and after
that, without further act on his or her part, for successive terms of one year each,
unless the employee, or corporate officer, or manager, managing member, or member
of a limited-liability company, at least sixty (60) days prior to the expiration of
the first or any succeeding year files with the director a notice in writing to the
effect that he or she desires to claim his or her right of action at common law and
within ten (10) days thereafter gives notice of this to his or her employer.
Notes of Decisions
Kulawas v. Rhode Island Hosp., 994 A.2d 649 (R.I. 2010).
· cites it 16× “Lastly, plaintiff argues that she is entitled to sue the hospital for negligence notwithstanding her failure to preserve her common law right to do so in accordance with §§ 28-29-17 and 28-29-20. The plaintiff bases this argument on her contention that she did not receive…”
Kaya v. Partington, 681 A.2d 256 (R.I. 1996).
· cites it 6× “1956 § 28-33-17, and coverage under the WCA is optional on the part of the individual employee, G.L.1956 § 28-29-17. Furthermore, when an employee elects coverage under the WCA, he or she is deemed to have waived his or her common-law rights against the employer and its…”
Joshua Mello v. Sean Killeavy, 205 A.3d 454 (R.I. 2019).
· cites it 3× “Moreover, § 28-29-17 of the Workers' Compensation Act provides, in pertinent part, that an employee: "[S]hall be held to have waived his or her right of action at common law to recover damages for personal injuries if he or she has not given his or her employer at the time of…”
Iacampo v. Hasbro, Inc., 929 F. Supp. 562 (D.R.I. 1996).
· cites it 2× “Iacampo has not alleged that she elected to preserve her common-law rights pursuant to R.I. Gen.Laws § 28-29-17; in the absence of any evidence, the Court must assume that Iacampo is subject to § 28-29-20.”
Strynar v. Rahill, 793 A.2d 206 (R.I. 2002).
· cites it 4× “See G.L. 1956 § 28-29-17. Contrary to defendants' assertion, however, the record shows that, pursuant to G.”
Wheeler v. Shoemaker, 78 F.R.D. 218 (D.R.I. 1978).
· cites it 2× “Workmen’s compensation schemes have been held consistent with the right to jury trial at common law if the legislature merged the common law action into the statutory, if the employee can elect to preserve his common law right of action or if the employee has a right to trial de…”
Hornsby v. Southland Corp., 487 A.2d 1069 (R.I. 1985).
· cites it 2× “” An additional section of the act, § 28-29-17, states that an employee subject to the Act “shall be held to have waived his right of action at common law to recover damages for personal injuries” if the employee fails to give written notice to his employer that he or she wishes…”
Unauth. Prac. of Law Com. v. State, Dep't of Wkrs. Comp., 543 A.2d 662 (R.I. 1988).
· cites it 2× “1956 (1986 Reenactment) § 28-29-17, waive their common-law rights to recover damages for personal injuries, and therefore, the compensation scheduled under the act is the sole measure of damage for the employee or the employee's dependents.”
Lopes v. G.T.E. Prods. Corp., 560 A.2d 949 (R.I. 1989).
· cites it 2× “” Additionally, § 28-29-17 provides that an employee of an employer subject to the act shall be held to have waived his right of action at common law for personal injuries if the employee has not given the employer written notice of his intent to reserve these rights.”
Labbadia v. State, 513 A.2d 18 (R.I. 1986).
“The Legislature has specifically established the WCA as the sole remedial avenue by enacting §§ 28-29-17 and -20, which provide that the right to compensation under the WCA is in lieu of all other rights and remedies.”
Cianci v. Nationwide Ins. Co., 659 A.2d 662 (R.I. 1995).
“1956 (1986 Reenactment) § 28-29-17 of the act specifies that the employee waives his common-law rights except in circumstances where he expressly notifies his employer that he wishes to retain these rights, and § 28-29-20 provides: “The right to compensation for an injury under…”
Urena v. Theta Prods., Inc., 899 A.2d 449 (R.I. 2006).
“tanding the fact that direction and control is in the special employer and not the general employer, the general employer, if it is subject to the provisions of the Workers’ Compensation Act or has accepted that Act, shall be deemed to be the employer as set forth in subdivision…”
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