§ 45-19-1.1. Liability of third person for damages.
Where the injury or sickness for which compensation is payable under § 45-19-1, was caused under circumstances creating a legal liability in some person other than the employer to pay damages in respect of the injury or sickness, the employee may take proceedings, against that person to recover damages, and the employee is be entitled to receive both damages and compensation; provided, that the employee, in recovering damages either by judgment or settlement from the person liable to pay damages, shall reimburse the city, town, or the state of Rhode Island by whom the compensation was paid to the extent of the compensation paid as of the date of the judgment or settlement, and the receipt of those damages by the employee does not bar future compensation. If the employee has been paid compensation under that chapter, the city, town, or state of Rhode Island, by whom the compensation was paid, is entitled to indemnity from the person liable to pay damages as previously stated, and to the extent of the indemnity, is subrogated to the rights of the employee to recover damages; provided, that when money has been recovered, either by judgment or by settlement, by the employee from the person liable to pay damages as previously stated, by suit or settlement, and the employee is required to reimburse the city, town, or state of Rhode Island by whom the compensation was paid, the employee or the employee’s attorney is entitled to withhold, from the amount to be reimbursed, that proportion of the costs, witness expenses, and other out-of-pocket expenses and attorney fees, which is the amount which the employee is required to reimburse the city, town, or state of Rhode Island by whom compensation was paid, bears to the amount recovered from the third party.
History of Section.P.L. 1986, ch. 196, § 1.
Structure Rhode Island General Laws
Chapter 45-19 - Relief of Injured and Deceased Fire Fighters and Police Officers
Section 45-19-1. - Salary payment during line of duty illness or injury.
Section 45-19-1.1. - Liability of third person for damages.
Section 45-19-1.2. - Lien of state or municipality.
Section 45-19-1.3. - Notice of lien.
Section 45-19-1.4. - Liability for payments to an employee without honoring employer’s lien.
Section 45-19-1.5. - Examination of records.
Section 45-19-1.6. - Lien docket.
Section 45-19-2. - Board of police officer’s relief.
Section 45-19-3. - Appropriations for dependents of police officers killed in line of duty.
Section 45-19-4.2. - Tuition to police officers disabled as a result of service.
Section 45-19-5. - Board of fire fighter’s relief.
Section 45-19-6. - Compensation of fund members.
Section 45-19-7. - Appropriations for relief of fire fighters and dependents.
Section 45-19-8. - Administration of fire fighter’s relief.
Section 45-19-10. - Rate and duration of disability benefits.
Section 45-19-11. - Filing of lists of fire fighters.
Section 45-19-12.1. - Tuition to children of deceased or disabled fire fighters.
Section 45-19-12.3. - Tuition to disabled fire fighters.
Section 45-19-13. - Appropriations taking place of funds.
Section 45-19-16. - Presumption of disability in the line of fire fighting duty.
Section 45-19-17. - Operation of emergency vehicles — Accidents.
Section 45-19-18. - Pensions for certain police officers and fire fighters.