R.I. Gen. Laws
Rhode Island General Laws

R.I. Gen. Laws § 28-29-19 (2026)

Waiver of claim of common law rights

✓ current as of July 2026
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(a) Any employee, or the parent or guardian of any minor employee, who has given notice to the employer that he or she claimed his or her right of action at common law may waive that claim by filing a notice in writing with the director and the employer, or his or her agent, which shall take effect five (5) days after the filing with the director.

(b) Any corporate officer, or manager, managing member, or member of a limited-liability company who has given notice to the employer and its workers’ compensation insurance carrier that they claimed their right of action at common law may waive that claim by filing a notice in writing with the director and the employer or their agent and its workers’ compensation insurance carrier which shall take effect five (5) days after the filing with the director. The insurance carrier shall keep a copy of the notice consistent with the rules and regulations of the department.

(c) Any person who is appointed a corporate officer between January 1, 1999, and December 31, 2001, and was not previously an employee of the corporation may elect to become subject to chapters 29 — 38 of this title upon filing a notice in writing with the director and his or her employer and its workers’ compensation insurance carrier which notice takes effect five (5) days after the filing of his or her notice.

Notes of Decisions
Cited in 3 cases, 1975–1989 · leading case: Lopes v. G.T.E. Prods. Corp., 560 A.2d 949 (R.I. 1989).
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Lopes v. G.T.E. Prods. Corp., 560 A.2d 949 (R.I. 1989). “Finally § 28-29-19 makes it clear that an employee who has previously given notice to the director of labor and his employer of his intention to retain his common-law remedy may waive this choice by giving appropriate notice to the employer or his agent.”
Parkinson v. Leesona Corp.., 341 A.2d 33 (R.I. 1975). “- — If an employee who has not given notice of his claim of common law rights of action, or who has given such notice and has waived the same, as provided in §28-29-19, receives a personal injury arising out of and in the course of his employment, connected therewith and…”
Piccirillo v. Avenir, Inc., 517 A.2d 606 (R.I. 1986). “General Laws 1956 (1986 Reenactment) § 28-29-19 makes it clear that any employee who has given notice to the employer of a choice to go the common law route may waive such a choice by giving appropriate notice in writing to the employer or his agent.”
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