§ 28-29-19. Waiver of claim of common law rights.
(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.
History of Section.P.L. 1912, ch. 831, art. 1, § 6; P.L. 1921, ch. 2095, § 2; G.L. 1923, ch. 92, art. 1, § 6; G.L. 1938, ch. 300, art. 1, § 5; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-29-19; P.L. 1998, ch. 32, § 1; P.L. 2001, ch. 256, § 1; P.L. 2001, ch. 355, § 1; P.L. 2002, ch. 119, § 2; P.L. 2002, ch. 280, § 2; P.L. 2004, ch. 273, § 1; P.L. 2004, ch. 293, § 1; P.L. 2005, ch. 342, § 1; P.L. 2005, ch. 403, § 1; P.L. 2018, ch. 86, § 1; P.L. 2018, ch. 98, § 1.
Structure Rhode Island General Laws
Title 28 - Labor and Labor Relations
Chapter 28-29 - Workers’ Compensation — General Provisions
Section 28-29-1. - Short title.
Section 28-29-1.1. - Name change.
Section 28-29-1.2. - Legislative findings and implementation of reforms.
Section 28-29-1.3. - Jurisdiction of Workers’ Compensation Act.
Section 28-29-2. - Definitions.
Section 28-29-3. - Defenses abrogated as to injuries in course of employment.
Section 28-29-4. - Defenses available in action against employer subject to law — Towns and cities.
Section 28-29-5. - Employers exempt.
Section 28-29-6. - Employers subject to law.
Section 28-29-6.1. - Secondary provision of workers’ compensation insurance.
Section 28-29-6.2. - Employers’ mandatory disclosure.
Section 28-29-7. - Domestic and farm laborers.
Section 28-29-7.1. - Exemption from workers’ compensation — Certain real estate persons.
Section 28-29-7.2. - Farm laborers.
Section 28-29-8. - Election by exempt employers to be subject to law.
Section 28-29-9. - Service of process on nonresident employers.
Section 28-29-10. - Certificate of compliance with corporation laws required.
Section 28-29-11. - Annual certificate of compliance.
Section 28-29-12. - Certificate fee.
Section 28-29-13. - Posting of summaries of law.
Section 28-29-13.1. - Booklets — Information.
Section 28-29-14. - Forms prescribed and furnished.
Section 28-29-15. - Exemption of professional hockey personnel.
Section 28-29-16. - Certificate of coverage by another state.
Section 28-29-17. - Waiver of common law rights — Notice of claim of common law right.
Section 28-29-17.1. - Notice of designation as independent contractor.
Section 28-29-18. - Minors deemed sui juris — Claim of common law rights.
Section 28-29-19. - Waiver of claim of common law rights.
Section 28-29-20. - Rights in lieu of other rights and remedies.
Section 28-29-21. - Wrongful death law inapplicable.
Section 28-29-22. - Agreement for alternative scheme — Approval and certification.
Section 28-29-23. - Termination provisions in alternative scheme.
Section 28-29-24. - Revocation of certificate as to alternative scheme.
Section 28-29-25. - Penal provisions in other statutes unaffected.
Section 28-29-26. - Supervision of enforcement.
Section 28-29-27. - Appropriations and disbursements.
Section 28-29-28. - [Repealed.]