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Rhode Island General Laws 45-19-1.2. Lien of state or municipality

     

Any employer paying compensation under the provisions of § 45-19-1 shall, if the employee recovers damages from a third person on account of the injuries or sickness for which compensation is payable, have a lien upon that part going to the employee, of any recovery or sum had or collected or to be collected by the employee, or by the employee’s heirs or personal representatives in the case of the employee’s death, whether by judgment or by settlement or compromise, up to the amount of compensation paid; provided, that the lien set forth in this section is not applied or considered valid against anyone coming under the workers’ compensation act in this state; and, provided, further, that nothing enacted in this section is so construed as to give the lien created in this section precedence over the lien of an attorney.

History of Section.
P.L. 1986, ch. 196, § 1.

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Terms Used In Rhode Island General Laws 45-19-1.2

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.

Rhode Island General Laws 45-19.1-2. Definitions

     

The following terms when used in this chapter have the following meanings:

(a)  “Disability” means a condition of physical incapacity to perform any assigned duty or duties in the fire department.

(b)  “Fire department” means service groups (paid or volunteer) that are organized and trained for the prevention and control of loss of life and property from any fire or disaster.

(c)  “Firefighter” means an individual, paid or volunteer, who is a member of a fire department or a city, town, or fire district emergency medical services unit and is required to respond to alarms and performs emergency action.

(d)  “Occupational cancer” means a cancer arising out of the person‘s employment as a firefighter, due to injury from exposures to smoke, fumes, or carcinogenic, poisonous, toxic, or chemical substances while in the performance of active duty in the fire department.

History of Section.
P.L. 1986, ch. 68, § 1; P.L. 2023, ch. 111, § 1, effective June 19, 2023; P.L. 2023, ch. 112, § 1, effective June 19, 2023.

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Terms Used In Rhode Island General Laws 45-19.1-2

  • Fire department: means service groups (paid or volunteer) that are organized and trained for the prevention and control of loss of life and property from any fire or disaster. See Rhode Island General Laws 45-19.1-2
  • Firefighter: means an individual, paid or volunteer, who is a member of a fire department or a city, town, or fire district emergency medical services unit and is required to respond to alarms and performs emergency action. See Rhode Island General Laws 45-19.1-2
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9