R.I. Gen. Laws
Rhode Island General Laws

R.I. Gen. Laws § 28-33-26 (2026)

Waivers of compensation void

✓ current as of July 2026
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No agreement by an employee, except as provided in §§ 28-29-22 — 28-29-24, to waive his or her rights to compensation under chapters 29 — 38 of this title shall be valid except to the extent permitted by § 28-41-6 or 28-33-25.1.

Notes of Decisions
Cited in 5 cases, 1959–1986 · leading case: LeBrun v. Woonsocket Spinning Co., 258 A.2d 562 (R.I. 1969).
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LeBrun v. Woonsocket Spinning Co., 258 A.2d 562 (R.I. 1969). “We would further note that such an agreement cannot be held to be valid merely because the injured employee entered into it voluntarily, in view of the fact that §28-33-26 provides that no employee can waive the compensation provided for him by the provisions of the statute.”
Olbrys v. Chicago Bridge & Iron Co., 151 A.2d 684 (R.I. 1959). “Under the provisions of §28-33-26 of our act, waivers of compensation provided for in the act are held to be invalid.”
Plouffe v. Taft-peirce Mfg. Co., 162 A.2d 557 (R.I. 1960). “Without deciding here the extent to which §28-33-26 of the act prohibits waivers on the part of the employee, it is clear that his conduct in this case, if it could be construed as in the nature of a waiver of compensation, must be deemed invalid as such by reason of its…”
Sarrasin v. Crescent Co., 241 A.2d 818 (R.I. 1968). · cites it 2× “1956, §28-33-26. This section provides: “No agreement by an employee, except as provided in §§28-29-22 to 28-29-24, inclusive, to waive his rights to compensation under chapters 29 to 38, inclusive, of this title shall be valid.”
Piccirillo v. Avenir, Inc., 517 A.2d 606 (R.I. 1986). “5 Piccirillo castigates the commission’s denial of benefits, charging that the finding of waiver at the commission level is contrary to the statutory mandate found in § 28-33-26, which nullifies any agreement by an employee to “waive” his or her rights to compensation benefits…”
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