Workers compensation law, rules and policy information for Rhode Island



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State: Rhode Island

Updated: 03-24-2018

Authority/State Rating Bureau: NCCI

National Council on Compensation Insurance (NCCI)
901 Peninsula Corporate Circle
Boca Raton, FL 33487-1362
800-622-4123

Compulsory: Yes

Private Insurance: Allowed

Self-Insurance: Allowed

State Fund: There is a competitive state fund – Beacon Mutual Insurance Company

Beacon Mutual Insurance Company
Communications Department
One Beacon Centre
Warwick, R.I. 02886-1378
(401) 825-2607
http://www.beaconmutual.com/

Assigned Risk: Administered by Beacon Mutual Insurance Company.

Assigned Risk Contact Information: Administered by Beacon Mutual Insurance Company – contact at: http://www.beaconmutual.com/

Numerical Exceptions: There is an exemption for employers with fewer than 4 employees. Licensed real estate brokers or salespersons, or licensed or certified real estate appraisers are exempt if substantially all remuneration for services performed is directly related to sales or other output rather than the number of hours worked.

Individual Waivers Allowed: No

Small Deductible Program Details:
Allowed: Yes – However it is optional that insurance carriers make available
Deductible Range: $250 – $5,000
Type: Medical and Indemnity
Effect on Experience Rating: Gross
Available In: Voluntary Markets
For More Information About How Deductible Programs Work

Sole Proprietor: Excluded from coverage cannot elect to be included.

Partners: Excluded from coverage cannot elect to be included.

Corporate Officers: Included in coverage after 12-31-2001, see special notes below. Included corporate officer minimum payroll is $41,600 and the maximum is $171,600 as of 6-1-11 for rating purposes, $44,200 / $176,800 as of 7-1-2012, $44,200 / $182,000 as of 8-1-2013. $46,800 / $182,000 as of 8-1-2014. $950 min / $3700 max per week as of 8-1-2016. $950 min / $3,800 max per week as of 8-1-2017. Special note any person who was appointed a corporate officer between January 1, 1999 and December 31, 2001, and was not previously an employee of the corporation is exempt, but can elect to be covered by filing a DWC-11C form with the Division of Workers’ Compensation.

LLC Members: Treated same as Corporate Officers

Election or Rejection of Coverage Form: DWC-11C – Election by Exempt Corporate Officer to Become Subject to Workers’ Compensation – Scroll to the bottom of this state website link to find information on how to secure a DWC-11C.

Notes About Forms: Be sure to check with your insurance company for additional forms they may use in Rhode Island.


Contractors: An independent contractor is someone who maintains an independent business and is available for hire to provide service to the public. Generally, a person cannot become an independent contractor just because he or she wants to be or because an employer prefers them to be. It is not enough that the employee and the employer agree. If a person only works for one business and is directed and controlled by that business, the person probably is an employee and not an independent contractor.

Effective January 1, 2001, independent contractors should have on file with the Department of Labor and Training (DLT) a Notice of Designation as Independent Contractor (DWC-11-IC) form, which is available at the Department.

Special Notes: Who is exempt from Rhode Island workers compensation? Sole proprietors, partners, and independent contractors. Certain real estate, agricultural and domestic service employees may be exempt. Any person who was appointed a corporate officer between January 1, 1999 and December 31, 2001, and was not previously an employee of the corporation is exempt, but can elect to be covered by filing a DWC-11C form with the Division of Workers’ Compensation.

Experience Rating Eligibility: Rhode Island employers will receive an experience modification rate or EMR once they meet one of these triggers:

  • $10,500 in policy premium is generated during the last year or last two years.
  • $5,250 is the average policy premium generated for more than two years.

Rhode Island Workers Compensation Subrogation:  Rhode Island statute 28-35-58 provides information and addresses workers compensation subrogation for this state. This statute is known as; Liability of Third Person for Damages. It’s found under Labor and Labor Relations workers compensation procedures. This statute is viewable online and you can access this act by using the direct link below.

Rhode Island Statute Of Subrogation
 
Treatment of Rhode Island Workers Working In Other States; Other States Workers Working In Rhode Island, Extraterritorial, Reciprocity and Non-Compliance: Be sure to contact the Rhode Island Department of Labor and Training for detail information on the topic of workers in other states. Please contact your state authority with your specific questions concerning this topic!

  • Extraterritorial:
    • Provisions: Yes
    • Duration: Not Specified
  • Reciprocity:
    • Allowed: Yes
  • Specific Statute or Reference: Rhode Island 28-29-9
  • Specific Statute or Reference: Rhode Island 28-29-16
  • For More Information Contact: Rhode Island Department of Labor and Training




Regulated By: Rhode Island Department of Labor and Training

RI Department of Labor and Training
Division of Workers’ Compensation
1511 Pontiac Avenue, Building 69, Second Floor
PO Box 20190
Cranston, RI 02920-0942
(401) 462-8100
Division of Workers Compensation

Workers compensation statute can be found here:

verification of workers compensation coverage Workers Compensation Statute of Rhode Island

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Information on this page is provided only as a reference. While we strive to mantain accurate information on this site please realize workers compensation laws are complicated and subject to change at any time. No warranty as to the accuracy or completeness of this information is provided or to be implied. You must verify this data before use with the individual governing authority for this state. If you need help with a workers compensation problem or have a specific situation or question please contact our office. Otherwise please consult your states governing authority or an attorney in your state of residency for assistance.
 

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WORKERS COMPENSATION CONSULTANT
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Fax: (573) 447-4998
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