Title 28, Title 28 and Labor Relations

(a) There is created a class of license that shall be known, respectively, as a pipefitter, refrigeration-air conditioning, sheet metal, fire protection sprinkler systems contractor master. This license shall not, in and of itself, permit any holder of it to individually engage i…

The board shall act in an advisory capacity to the division of professional regulation in: (1) Preparing forms for application for examination for licenses. (2) Preparing subject matter, questions, and all necessary items for examination as provided in this chapter. (3) Preparati…

The director of the department of labor and training shall: (1) Prepare license certificates and issue them in conformity with this chapter; (2) Maintain an up-to-date record specifying the name and address of licensed pipefitters or refrigeration/air conditioning or fire protect…

Any applicant for a license as pipefitter or refrigeration/air conditioning or fire protection sprinkler contractor or sheet metal contractor or journeyperson sheet metal worker or sprinkler fitter master or journeyperson in the state shall present his or her application to the d…

(a)(1) After enactment of this chapter and at any time prior to the expiration of twelve (12) months following enactment of this section, the authority shall, without examination, upon payment of the fees required in this chapter issue through the department of labor and training…

Chapters 29 — 38 of this title may be cited as the “Workers’ Compensation Act.”

Wherever in the general or public laws there appears the word “workmen’s” in relation to workmen’s compensation, it shall be substituted with the word “workers’.”

(a)(1) WHEREAS, the system of workers’ compensation in the state of Rhode Island is presently in a state of crisis; and (2) WHEREAS, the stability and fiscal health of the overall workers’ compensation system is essential to the delivery of appropriate compensation and health car…

The provisions of chapters 29 — 38 of this title shall apply to any and all employees, as defined in § 28-29-2, who are injured or hired in the state of Rhode Island.

Every employer subject to or who elects to become subject to the provisions of chapters 29 — 38 of this title that is a corporation shall obtain and file or cause to be obtained and filed with the director a certificate from the secretary of state to the effect that the corporati…

All corporations that are or may become employers subject to the provisions of chapters 29 — 38 of this title shall annually in the month of June obtain and file or cause to be obtained and filed with the director a certificate from the secretary of state to the effect that the c…

The secretary of state shall be paid five dollars ($5.00) for each certificate issued pursuant to §§ 28-29-10 and 28-29-11.

(a) Every employer subject to or who or that elects to become subject to the provisions of chapters 29 — 38 of this title shall display a copy of the summary of the major provisions of the workers’ compensation act in conspicuous places in which workers are employed. (b) Any empl…

(a) In order to ensure that both employers and employees are fully informed as to their rights and responsibilities, the director shall prepare, publish, and distribute an illustrated booklet explaining, in informal and readily understandable language, those rights and responsibi…

The director shall prescribe the form of a notice informing employees of their privilege under chapters 29 — 38 of this title, and the notice shall be incorporated in the notice prescribed in this chapter. Blank forms of election and withdrawal, as well as summaries as provided b…

Professional ice hockey players, coaches, and trainers employed by a professional ice hockey club, including but not limited to National Hockey League or American Hockey League clubs, shall be exempted from the provisions of chapters 29 — 38 of this title while that employee is t…

A certificate from the duly authorized officer of the workers’ compensation court or similar department of another state certifying that the employer from that other state is insured in that state and has provided extraterritorial coverage insuring the employer’s employees while …

Employees or corporate officers of an employer, or managers, managing members, or members of a limited-liability company subject to or who have elected to become subject to the provisions of chapters 29 — 38 of this title as provided in § 28-29-8 shall be held to have waived his …

(a) A person will not be considered an “independent contractor” unless that person files a notice of designation with the director, consistent with rules and regulations established by the director, on a form or on a form capable of being filed electronically provided by the dire…

A minor working at an age legally permitted under the laws of this state shall be deemed sui juris for the purpose of chapters 29 — 38 of this title and no other person shall have any cause of action or right to compensation for an injury to that minor employee except as expressl…

(a) Any employee, or the parent or guardian of any minor employee, who has given notice to the employer that he or she claimed his or her right of action at common law may waive that claim by filing a notice in writing with the director and the employer, or his or her agent, whic…

In chapters 29 — 38 of this title, unless the context otherwise requires: (1) “Department” means the department of labor and training. (2) “Director” means the director of labor and training or the director's designee unless specifically stated otherwise. (3)(i) “Earnings capacit…

The right to compensation for an injury under chapters 29 — 38 of this title, and the remedy for an injury granted by those chapters, shall be in lieu of all rights and remedies as to that injury now existing, either at common law or otherwise against an employer, or its director…

In all cases where an employer and employee have elected to become subject to the provisions of chapters 29 — 38 of this title, the provisions of chapter 7 of title 10 shall not apply while those chapters are in effect.

Any employer may enter into an agreement with his or her employees in any employment to which chapters 29 — 38 of this title apply to provide a scheme of compensation, benefit, or insurance in lieu of the compensation provided for in those chapters, subject to the approval of the…

No scheme which provides for contributions by employees shall be certified as provided in § 28-29-22 which does not contain suitable provisions for the equitable distribution of any money or securities held for the purpose of the scheme, after due provision has been made to disch…

If at any time the scheme no longer fulfills the requirements of §§ 28-29-22 and 28-29-23, or is not fairly administered, or any other valid and substantial reason for it exists, the director, on reasonable notice to the interested parties, shall revoke the certificate and the sc…

Nothing in chapters 29 — 38 of this title shall affect the liability of an employer to a fine or penalty under any other statute.

(a) Department of labor and training. The director as provided for in chapters 29 — 38 of this title, chapter 53 of this title, and chapter 16.1 of title 42, shall have supervision over the enforcement of the provisions of those chapters, and the director shall have the power and…

The general assembly shall annually appropriate out of any money in the treasury not otherwise appropriated any sum that it may deem necessary to carry out the provisions of chapters 29 — 38 of this title and the state controller is authorized and directed to draw his or her orde…

If any section of chapters 29 — 38 of this title is declared unconstitutional or invalid, that unconstitutionality or invalidity shall in no way affect the validity of any other portion of it which can be given reasonable effect without the part declared unconstitutional or inval…

In an action to recover damages for personal injury sustained by an employee arising out of and in the course of his or her employment, connected with and referable to the employment, or for death resulting from personal injury so sustained, it shall not be a defense: (1) That th…

(a) There is created a workers’ compensation advisory council consisting of seventeen (17) members as follows: (1) The chief judge of the workers’ compensation court and two (2) additional judges of the workers’ compensation court and one member of the bar who primarily represent…

The provisions of § 28-29-3 shall not apply to actions to recover damages for personal injuries or for death resulting from personal injuries sustained by an employee of an employer who is subject to or has elected to become subject to the provisions of chapters 29 — 38 of this t…

The provisions of chapters 29 — 38 of this title shall not apply to employers of employees engaged in domestic service; or subject to the provisions of § 28-29-7.2, to employees engaged in agriculture; except for employers engaged in occupations that the director declares hazardo…

Every person, firm, and private corporation, including any public service corporation, including the state, that regularly employs employees in the same business or in or about the same establishment under any contract of hire, express or implied, and a city or town in this state…

(a) Whenever a general contractor or a construction manager enters into a contract with a subcontractor for work to be performed in Rhode Island, the general contractor or construction manager shall at all times require written documentation evidencing that the subcontractor carr…

All employers doing business in the state of Rhode Island shall disclose to all prospective employees at the time of application for employment either that the employer is subject to chapters 29 — 38 of this title or is exempt from chapters 29 — 38 of this title. The employer sha…

Domestic servants, farmers, farm laborers, except as defined in § 28-29-7.2, are not subject to the provisions of chapters 29 — 38 of this title.

A licensed real estate broker or real estate salesperson or a licensed or certified real estate appraiser shall not be considered an employee under the provisions of this chapter if substantially all of the remuneration for the services performed by the broker, salesperson, or ap…

Farmers, nursery operators, or farm laborers are not subject to the provisions of chapters 29 — 38 of this title unless the farmers or agricultural employers employ twenty-five (25) or more farm laborers or agricultural employees for thirteen (13) consecutive weeks. Farmers, nurs…

(a) Employers exempted by § 28-29-7 may come within chapters 29 — 38 of this title by election. The election on the part of the employer shall be made by filing with the director a written statement to the effect that the employer accepts the provisions of those chapters. The fil…

Every employer, subject to or who or that elects to become subject to the provisions of chapters 29 — 38 of this title, other than a corporation, who or that is not a resident of the state or an unincorporated association, a firm, or a partnership, having no members resident of t…

(a) There is established in the state of Rhode Island a workers’ compensation court consisting of a chief judge and nine (9) associate judges having the jurisdiction that may be necessary to carry out its duties under the provisions of the workers’ compensation act, chapters 29 —…

All matters heard by the workers’ compensation court shall be in open session and decisions and decrees shall only be recorded in Providence.

An employee who is a party to any proceeding before the workers’ compensation court may appear before the court on his or her own behalf. An employer who or that is a party to any proceeding before the workers’ compensation court may appear before the court on the employer’s own …