Rhode Island § 28-35-57 - Workers’ Compensation — Procedure
Full text of Rhode Island Rhode Island General Laws § 28-35-57 — Workers’ Compensation — Procedure, with citation guidance and answers to common questions.
§ 28-35-57. Workers’ Compensation — Procedure
R.I. Gen. Laws § 28-35-57
§ 28-35-57. Limitation of claims for compensation.
(a) An employee’s claim for compensation under chapters 29 — 38 of this title shall be barred unless payment of weekly compensation has commenced, or a petition, as provided for in this chapter, has been filed within two (2) years after the occurrence or manifestation of the injury or incapacity, or in case of the death of the employee, or in the event of his or her physical or mental incapacity, within two (2) years after the death of the employee or the removal of the physical or mental incapacity.
(b) The time for filing shall not begin to run in cases of latent or undiscovered physical or mental impairment due to injury including disease until:
(1) The person claiming benefits knew, or by exercise of reasonable diligence should have known, of the existence of the impairment and its causal relationship to his or her employment; or
(2) After disablement, whichever is later.
(c) In any case in which weekly compensation benefits have been paid, pursuant to § 28-35-8, in which the employer or insurer has failed to file the required notices, the claimant’s right to file a petition for compensation benefits shall be preserved without time limitation.
History of Section.
P.L. 1912, ch. 831, art. 3, § 18; G.L. 1923, ch. 92, art. 3, § 17; P.L. 1936, ch.
2290, § 14; P.L. 1936, ch. 2358, § 3; G.L. 1938, ch. 300, art. 3, § 17; G.L. 1938,
ch. 300, art. 3, § 15; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-35-57; P.L. 1960,
ch. 94, § 1; P.L. 1978, ch. 232, § 2; P.L. 1982, ch. 32, art. 1, § 10; P.L. 1986,
ch. 507, § 9; P.L. 1990, ch. 332, art. 1, § 5; P.L. 1992, ch. 31, § 13.
Frequently Asked Questions About Rhode Island § 28-35-57
What does Rhode Island General Laws § 28-35-57 cover?
Section 28-35-57 ("Workers’ Compensation — Procedure") 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 § 28-35-57?
A common citation format is "Rhode Island General Laws § 28-35-57" (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 § 28-35-57 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.