Rhode Island § 28-34-8 - Workers’ Compensation — Occupational Diseases

Full text of Rhode Island Rhode Island General Laws § 28-34-8 — Workers’ Compensation — Occupational Diseases, with citation guidance and answers to common questions.

§ 28-34-8. Workers’ Compensation — Occupational Diseases

R.I. Gen. Laws § 28-34-8

§ 28-34-8. Apportionment of liability among successive employers.

The total compensation due shall be recovered from the employer who or that last employed the employee in the employment to the nature of which the disease was due and in which it was contracted. If, however, the disease was contracted while the employee was in the employment of a prior employer, the employer who or that is made liable for the total compensation as provided by this section may petition the workers’ compensation court for an apportionment of the compensation among the several employers who or that since the contraction of the disease have employed the employee in the employment to the nature of which the disease was due. The apportionment shall be proportioned to the time the employee was employed in the service of the employers and shall be determined only after a hearing, notice of the time and place of which shall have been given to every employer alleged to be liable for any portion of the compensation. If the court finds that any portion of the compensation is payable by an employer prior to the employer who or that is made liable for the total compensation as provided by this section, it shall make an award accordingly in favor of the last employer, and that award may be enforced in the same manner as an award for compensation.

History of Section.
G.L. 1923, ch. 92, art. 8, § 8; P.L. 1936, ch. 2358, § 9; G.L. 1938, ch. 300, art. 8, § 8; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-34-8; P.L. 1986, ch. 507, § 8; P.L. 1990, ch. 332, art. 1, § 4.

Frequently Asked Questions About Rhode Island § 28-34-8

What does Rhode Island General Laws § 28-34-8 cover?

Section 28-34-8 ("Workers’ Compensation — Occupational Diseases") is part of the Rhode Island General Laws, the codified statutory law of Rhode Island. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Rhode Island § 28-34-8?

A common citation format is "Rhode Island General Laws § 28-34-8" (Rhode Island). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Rhode Island law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Rhode Island official source linked on this page or consult a licensed Rhode Island attorney.

How does Rhode Island § 28-34-8 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Rhode Island can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Rhode Island.