The bill amends Section 28-35-58 of the General Laws concerning workers' compensation procedures, specifically addressing the liability of third parties for damages. It introduces new provisions that clarify the rights of employees to recover damages from third parties while also receiving workers' compensation. Notably, it stipulates that any money recovered from third parties that includes damages for past or future pain and suffering, loss of consortium, loss of society, loss of wages, earning capacity, or other damages not fully compensated by workers' compensation will not be subject to reimbursement to the employer or insurer. Additionally, the reimbursement amount will be reduced by any percentage of the employee's comparative negligence. Any disputes regarding the appropriate apportionment of the amount to be reimbursed by the employee will be heard in the court having jurisdiction over the underlying third-party claim.

The bill also outlines the process for self-insured employers or their insurance carriers to pursue claims if the employee fails to act within a specified timeframe, ensuring that employees are notified of any actions taken on their behalf and preserving their right to join the lawsuit. Furthermore, it establishes a mediation process for disputes over reimbursement or suspension periods, allowing for resolution through the workers' compensation court's mediation program. This act will take effect upon passage.

Statutes affected:
7773: 28-35-58