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Workers' Compensation

First Report of Injury

An injury must be reported if medical treatment is needed, if the injured worker is unable to earn full wages for at least 3 days, or if the injury is fatal. Injured workers and employers do not send a paper first report to RI DLT. A worker reports an injury to the employer. The employer reports the injury to the claim administrator, which is the insurer or the adjusting company handling the claim. The claim administrator reports electronically to RI DLT. No first report forms are accepted on paper.

Indemnity Benefits Start

A legal agreement to begin compensation is required unless benefits are paid by court order. Benefits may paid without liability for 13 weeks under a Nonprejudicial Agreement (DWC-20) or with liability under a Memorandum of Agreement (DWC-02). In both cases, a Wage Statement and Dependency Form are required as part of the agreement.

Indemnity Benefits Change, Payment of Disfigurement or Loss of Use

A Mutual Agreement is required to change benefits, or to pay disfigurement or loss of use benefits:

Indemnity Benefits Stop

A legal document is required when indemnity benefits end. Benefits paid without liability under a Nonprejudicial Agreement may be ended with a Termination of Benefits Form DWC-21. Benefit paid with liability may be ended with a Suspension Agreement and Receipt Form DWC-05 or a Wage Transcript Form DWC-30.An employee may object if benefits are ended by a Wage Transcript.

Indemnity Benefits Reduced on Retirement

Indemnity benefits may be reduced upon retirement.

Compensation Benefit Checks

Compensation must be paid weekly and by check unless the employee and insurer agree to electronic funds transfer. Claim Administrators must notify employee of duty to report earnings. Notice may be given by sending Notice on Benefit Check Form DWC-32, printing the notice on the check, or including notice in the agreement for electronic funds transfer.

Duty to Report Earnings

An employee must submit a report of earnings to the claim administrator upon written request.

Partial Incapacity Gate

When benefits paid under § 28-33-18(d) end at the Partial Incapacity Gate, § 28-35-46.1 requires an Itemized Statement of the total amount of compensation and expenses paid be filed with RI DLT within 60 days of benefits end. ONLY claims closed at the Partial Incapacity Gate require an Itemized Statement.

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Insurance Coverage

Employers with one or more employees must obtain workers’ compensation insurance coverage. Employers are required to post the name and contact information for their workers’ compensation insurer.

Employers must post workers’ compensation insurer name and contact information.

Waiver and Election

  • Notice of Claim of Common Law Rights (DWC-11)

    Known as a waiver form, the signer waives his rights under the RI Workers’ Compensation Act in order to claim rights under common law.

  • Rescind Notice of Claim of Common Law Rights (DWC-11R)

    Signer regains rights under the RI Workers’ Compensation Act

  • Election by Exempt Corporate Officer to Become Subject to Workers’ Compensation (DWC-11C)

    This form only applies to any person who was appointed a corporate officer and was not previously an employee of the corporation. If you believe this is the correct form for you, please call (401) 462-8100 for more information.

Designation of Status as an Independent Contractor

This form clarifies the relationship between a contractor and the business hiring the contractor. Submitting this form means that the contractor is not an employee of the hiring business for workers' compensation purposes. The contractor is responsible for his own workers' compensation insurance coverage. The hiring business is not responsible to provide workers' compensation coverage for the independent contractor.

Notice of Withdrawal of Designation of Independent Contractor

This form ends the relationship between a contractor and the hiring business. Submitting this form means that the contractor is no longer independent of the hiring business named on this form. If the contractor continues to work for this business, the business would be responsible to provide workers' compensation coverage for the contractor.

Workforce Regulation and Safety

Required Posters

Forms

* Any violation of RIGL 37-13-13 of Certified Weekly Payroll Forms and Daily Logs will result in the department imposing a penalty on the contractor of a minimum of one hundred dollars ($100) for each calendar day of noncompliance.

Publications