§ 28-53-7 - Payments to employees of uninsured employers.
SECTION 28-53-7
§ 28-53-7 Payments to employees ofuninsured employers. – (a) Where it is determined that the employee was injured in the course ofemployment while working for an employer who fails to maintain a policy ofworkers' compensation insurance as required by Rhode Island general laws §28-36-1, et seq., the uninsured employers fund shall pay the benefits to whichthe injured employee would be entitled pursuant to chapters 29 to 38 of thistitle subject to the limitations set forth herein.
(b) The workers' compensation court shall hear all petitionsfor payment from the fund pursuant to Rhode Island general laws § 28-30-1,et seq., provided, however, that the uninsured employers fund and the employershall be named as parties to any petition seeking payment of benefits from thefund.
(c) Where an employee is deemed to be entitled to benefitsfrom the uninsured employers fund, the fund shall pay benefits for disabilityand medical expenses as provided pursuant to chapters 29 to 38 of this titleexcept that the employee shall not be entitled to receive benefits for loss offunction and disfigurement pursuant to the provisions of Rhode Island generallaws § 28-33-19.
(d) The fund shall pay cost, counsel and witness fees asprovided in Rhode Island general laws § 28-35-32 to any employee whosuccessfully prosecutes any petitions for compensation, petitions for medicalexpenses, petitions to amend a pretrial order or memorandum of agreement andall other employee petitions and to employees who successfully defend, in wholeor in part, proceedings seeking to reduce or terminate any and all workers'compensation benefits; provided, however, that the attorney's fees awarded tocounsel who represent the employee in petitions for lump sum commutation filedpursuant to Rhode Island general laws § 28-33-25 or in the settlement ofdisputed cases pursuant to Rhode Island general laws § 28-33-25.1 shall belimited to the maximum amount paid to counsel who serve as court appointedattorneys in workers' compensation proceedings as established by rule or orderof the Rhode Island supreme court.
(e) In the event that the uninsured employer makes payment ofany monies to the employee to compensate the employee for lost wages or medicalexpenses, the fund shall be entitled to a credit for all such monies receivedby or on behalf of the employee against any future benefits payable directly tothe employee.
(f) This section shall apply to injuries that occur on orafter January 1, 2011.