Rhode Island

A Certain Degree of Control Could Save You From Suit

Here is the fact scenario:  A contractor employs certain employees that are union members or employees that have a tendency to “roam” and/or be “loaned”—i.e. the employee technically works for one entity, but also performs work for another affiliated company.  The employee is injured while working for the affiliated entity and not his actual employer.  The employee collects workers compensation insurance benefits from his actual employer and then tries to file suit against the affiliated company.

Question:  Is the employee entitled to collect workers compensation benefits from his actual employer, and then file a lawsuit to collect damages from the affiliated company?

Answer: Not according to the Rhode Island Supreme Court.

In Selby v. Baird, the plaintiff arrived at a residential home to begin his job as the foreman of a tree removal crew for a tree removal company.  While the crew was setting up their equipment at the job site,

Securing Mechanic’s Liens in Rhode Island During the COVID-19 Crisis

The current COVID-19 crisis has complicated all facets of life, including securing mechanic’s liens.  Properly notarizing your lien and recording the lien are crucial steps to securing a valid and enforceable mechanic’s lien in Rhode Island. While Rhode Island has implemented some procedures to remotely notarize documents and in some instances, e-record documents, neither procedure is without its hiccups.

One of the first crucial steps in securing your mechanic’s lien is filing your notice of intention (“NOI”) pursuant to RIGL § 34-28-4.  The statute requires that the NOI be executed under oath.  With mandated office closures and social distancing orders in place for the foreseeable future, how do you go about completing this essential step?  On April 3, 2020, the Rhode Island Secretary of State announced that it is temporarily allowing remote online notarization (“RON”).  RON, while helpful under these circumstances, presents its own headaches.  Here are the steps to get your NOI notarized:

  1. Find a notary who is authorized to