Suing Over a Work Injury in Rhode Island

Generally no. The right to workers' compensation is in place of all other rights and remedies for the injury against the employer and its directors, officers, agents and employees. The statute's exceptions are for employers that failed to secure workers' comp coverage (the worker may choose compensation or a damages suit) and the related penalty provision making corporate officers and similar persons personally liable when coverage was knowingly not secured.

Yes. When someone other than the employer is legally liable, the worker may sue that person and also claim compensation, and receive both. From a judgment or settlement, the worker must reimburse whoever paid compensation for benefits paid to date, less a proportional share of costs and attorney fees; if the recovery exceeds compensation paid, the insurer may suspend weekly benefits for a period based on the excess (medical benefits continue). If the worker does not sue within two years and eight months after the injury, the employer or insurer may sue instead, but only if it gave the worker written notice at least 26 weeks before that deadline.

If the employer failed to carry required coverage, the injured worker may choose either workers' compensation from the employer or a lawsuit for damages as if the workers' comp law did not apply, and must give the employer written notice of that choice within 90 days after the injury. The Uninsured Protection Fund can pay incapacity benefits (but not medical expenses or loss-of-function and disfigurement benefits) for injuries on or after September 1, 2019; a petition against the Fund must be accompanied or preceded by a timely petition against the uninsured employer. Knowingly failing to secure coverage is a felony (up to two years) with civil fines up to $1,000 per day, and corporate officers can be personally liable for benefits.