§ 28-29-17 - Waiver of common law rights – Notice of claim of common law right.
SECTION 28-29-17
§ 28-29-17 Waiver of common law rights– Notice of claim of common law right. – Employees or corporate officers of an employer, or managers, managing membersor members of a limited liability company subject to or who have elected tobecome subject to the provisions of chapters 29 – 38 of this title asprovided in § 28-29-8 shall be held to have waived his or her right ofaction at common law to recover damages for personal injuries if he or she hasnot given his or her employer at the time of the contract of hire orappointment notice in writing that he or she claims that right and within ten(10) days after that has filed a copy of the notice with the director, or, ifthe contract of hire or appointment was made before the employer became subjectto or elected to become subject to the provisions of those chapters, theemployee, or corporate officer, or manager, managing member or member of alimited liability company must have given notice and filed it with the directorwithin ten (10) days after the filing by the employer who is subject to or whohas elected to become subject to the provisions of those chapters of thewritten statement as provided. That waiver shall continue in force for the termof one year, and after that, without further act on his or her part, forsuccessive terms of one year each, unless the employee, or corporate officer,or manager, managing member or member of a limited liability company, at leastsixty (60) days prior to the expiration of the first or any succeeding yearfiles with the director a notice in writing to the effect that he or shedesires to claim his or her right of action at common law and within ten (10)days thereafter gives notice of this to his or her employer.