Rhode Island workers' compensation is governed by Title 28, chapters 28-29 to 28-38. Disputes go to the Workers' Compensation Court. Rhode Island is not monopolistic. Employers insure with authorized carriers such as Beacon Mutual, self-insure with approval from the Director of Labor and Training, or join a group self-insurance fund. The standard policy, rating basics and federal programs are in the national Workers Compensation guide.

Who must be covered

• Private employers that regularly employ employees are subject to the Act (28-29-6).
• The Act doesn't apply to employers of employees in domestic service (28-29-5).
• Exclusive remedy: benefits are the injured employee's exclusive remedy, replacing tort suits against the employer (28-29-20).

Securing compensation (28-36-1)

An employer may:

• Insure with an authorized carrier.
• Self-insure after proving financial ability to the Director of Labor and Training.
• Join an authorized group self-insurance fund.

A written promise to pay future claims is not an acceptable method.

Compensable injuries

• An injury must arise out of and in the course of employment (28-33-1).
• Not compensable:
  • Injuries caused by the employee's intoxication or unlawful drug use (28-33-2).
  • Injuries in voluntary recreational activities, such as a company softball game (28-33-2.1).

Benefits

Waiting period (28-33-4)

• No wage-loss benefits unless the injury keeps the worker from earning full wages for at least 3 days.
• Compensation then starts on the fourth day from the injury.
• For an employer insured in the residual market, the carrier may charge back the first $250 each of indemnity and medical as a deductible.

Medical care (28-33-5, 28-33-8)

• Reasonable medical, hospital and other treatment, for as long as necessary to cure or relieve the injury. Hearing aids aren't specifically required.
• The worker has free choice of the first health care provider.
• An immediate emergency room visit doesn't count as that first choice.

Death benefits (28-33-12)

• Paid to dependents.
• A surviving spouse gets an extra $40 per week for each dependent child.

Disability benefits fall into the usual classes: temporary total, temporary partial, permanent partial and permanent total.

Workers' Compensation Court (28-30-1)

• A court of record with a chief judge and nine associate judges.
• It has superior-court powers to subpoena witnesses and punish civil contempt.
• Criminal violations of the Act go to the district and superior courts.

Related rules

• The Rhode Island Property and Casualty Insurance Guaranty Association pays covered workers' comp claims of an insolvent insurer in full (27-34-8).
• Rhode Island's unfair P&C claims regulation doesn't cover workers' comp claims (230-RICR-20-40-2).
• The commercial cancellation regulation doesn't apply to workers' comp and employers liability policies (230-RICR-20-20-1).

Common exam traps

• Not monopolistic. Coverage comes from carriers, self-insurance (approved by the Director of Labor and Training) or group funds.
• Waiting period: 3 days. Pay begins on the fourth day.
• Free choice of the first provider. The ER visit doesn't count.
• Intoxication or drug use and voluntary recreation injuries aren't compensable.
• Domestic servants aren't covered by the Act.