§ 28-36-10 - Liability of non-complying employers.
SECTION 28-36-10
§ 28-36-10 Liability of non-complyingemployers. – Any employer subject to chapters 29 – 38 of this title who fails to complywith this chapter, and any employer who has elected to become subject tochapters 29 – 38 of this title in accordance with §§ 28-29-6 and28-29-8, who fails to comply with this chapter within ten (10) days after thatelection, shall be liable for compensation to any injured employee or his orher dependents according to chapters 29 – 38 of this title, or for damagesin the same manner as if the employer had not elected to become subject to, orwas not subject to, those chapters, at the option of the employee or hisdependents; provided, that the option shall be exercised and notice of it inwriting given to the employer within ninety (90) days after the injury to theemployee. The employer shall otherwise be liable only for the compensationpayable under those chapters by employers subject to or who have elected tobecome subject to those chapters.