Rhode Island lawmakers have introduced legislation that would change the compensation requirements in workers’ compensation claims where injured workers receive damages in third-party tort claims.
Senate Bill 1045, filed Friday, says any money awarded to injured employees is awarded through third-party judgments or settlements that include damages for past or future pain and suffering, loss of consortium, loss of community and loss of wages and earning capacity. must be reimbursed to the insurance companies.
The measure also proposes that any compensation amount be reduced by the percentage of an injured worker’s comparative negligence.
The bill would be applicable in cases involving third-party liability where injured workers seek damages from persons other than their employers.
Under applicable law, insurers have the right to suspend payments of workers̵
7; compensation benefits when damages recovered through third-party judgments or settlements exceed the amount of workers’ compensation benefits.The bill states that any dispute about compensation distribution must be tried in the court of appeals that has jurisdiction over the underlying third-party claim and not through compensation proceedings.
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