§ 28-36-7 - Proceedings by employee against insurer or employer.
SECTION 28-36-7
§ 28-36-7 Proceedings by employee againstinsurer or employer. – Any employee entitled to compensation from his or her employer under chapters29 – 38 of this title shall, irrespective of any insurance contracts, havethe right to recover compensation directly from the employer or the insurer inthe manner provided in those chapters and, additionally, the right to enforcein his or her own name, in the manner provided in those chapters, either bymaking the insurer or the employer a party to proceedings to an originalpetition, at the court or by filing against either a separate petition, todetermine the liability of any insurer who may have insured the employeragainst liability for the compensation, or to determine the liability of theemployer for the compensation; provided, that payment in whole or in part ofthe compensation by either the employer or insurer shall, to the extent of thepayment be a bar to recovery against the other of the amount paid. As betweenthe employer and the insurer, payment by either directly to any employee shallbe subject to the conditions of the insurance contract between them.