Construction Site Injuries in Rhode Island
Whether an injured construction worker in Rhode Island can sue beyond workers' comp, any scaffold or height-safety law, and the deadline to sue.
Short answer: Injured construction workers' claims against their own employer go through workers' compensation, which replaces all other rights and remedies against the employer and its directors, officers, agents and employees, except against an employer that failed to secure coverage. R.I. Gen. Laws §§ 28-29-20, 28-35-58
| Construction site injuries | Injured construction workers' claims against their own employer go through workers' compensation, which replaces all other rights and remedies against the employer and its directors, officers, agents and employees, except against an employer that failed to secure coverage. The worker may also sue a third party whose legal liability caused the injury (such as another contractor or an equipment maker) and receive both damages and compensation, but must reimburse the employer or insurer for compensation paid. No New York-style scaffold statute was located; a full-code review was not done. |
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| Fault rule (comparative negligence) | Pure comparative negligence. An injured person's own negligence, or the fact that the danger was open and obvious, does not bar recovery; damages are reduced in proportion to the injured person's share of negligence, even if it is greater than the defendant's. Source: R.I. Gen. Laws § 9-20-4 |
| Deadline to sue for an injury | Actions for injuries to the person must be filed within three years after the cause of action accrues. Claims for spoken words (slander) have a one-year deadline. Source: R.I. Gen. Laws § 9-1-14(a), (b) |
More Rhode Island personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Rhode Island
- Wrongful Death Lawsuits in Rhode Island
- Medical Malpractice Rules in Rhode Island
- Car Accident Claims in Rhode Island
- Dog Bite Liability in Rhode Island
- Sidewalk and Public Property Falls in Rhode Island
- Motorcycle Accident Claims in Rhode Island
- Pedestrian Accident Claims in Rhode Island
- Bicycle Accident Claims in Rhode Island
- Uber and Lyft Accident Claims in Rhode Island
- Truck Accident Claims in Rhode Island
- All Rhode Island personal injury & wrongful death rules
FAQ
Can you sue for a construction accident in Rhode Island?
Injured construction workers' claims against their own employer go through workers' compensation, which replaces all other rights and remedies against the employer and its directors, officers, agents and employees, except against an employer that failed to secure coverage. The worker may also sue a third party whose legal liability caused the injury (such as another contractor or an equipment maker) and receive both damages and compensation, but must reimburse the employer or insurer for compensation paid.
Can you recover damages if you were partly at fault in Rhode Island?
Pure comparative negligence. An injured person's own negligence, or the fact that the danger was open and obvious, does not bar recovery; damages are reduced in proportion to the injured person's share of negligence, even if it is greater than the defendant's.
What is the statute of limitations for personal injury in Rhode Island?
Actions for injuries to the person must be filed within three years after the cause of action accrues. Claims for spoken words (slander) have a one-year deadline.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.