Independent Contractor
RHODE ISLAND
DEPARTMENT OF LABOR AND TRAINING
WORKERS’ COMPENSATION DIVISION
RULES AND REGULATIONS PURSUANT TO
R.I.G.L. 28-29-17.1
NOTICE OF DESIGNATION AS
INDEPENDENT CONTRACTOR
The following rules and regulations regarding the filing of a notice
of designation as an independent contractor with the Director of the
Department of Labor and Training are promulgated pursuant to R.I.G.L.
28-29-17.1 and 28-29-26(a).
1. To be considered an independent contractor for purposes of
workers’ compensation, a person must file a notice of designation as
independent contractor with the Director of the Department of Labor
and Training in the manner prescribed by the Director.
2. The notice of designation as independent contractor form
(DWC-11-IC) may be filed in paper format or electronically.
Improperly completed paper forms will be returned to the sender.
Electronically filed forms will immediately be rejected if not
properly completed. If the sender encloses a copy of the DWC-11-IC
and a stamped self-addressed envelope, the Department will provide a
date stamped copy of the notice. Electronic filers will receive an
immediate confirmation of the filing.
3. Upon receipt of a DWC-11-IC, the Department will send a notice to
the named independent contractor advising of the effect of the
filing, including information regarding the distinction between an
employee and an independent contractor, and a warning that the
independent contractor will not be entitled to workers’ compensation
benefits.
4. Any employer hiring an independent contractor should request
proof of workers’ compensation insurance cove rage, a copy of the
DWC-11-IC from the independent contractor, or confirmation of the
filing from the Department.
5. The DWC-11-IC will remain in effect while the independent
contractor is working for the named hiring entity or until a notice
of withdrawal (DWC-11-ICR) is received, in paper format or
electronically, and the receipt is confirmed by the Department. The
Department will notify the named hiring entity when a DWC-11-ICR is
filed.
6. The Department will make available, electronically or otherwise,
information on whether a person has filed a DWC-11-IC or a
DWC-11-ICR with the Department. The Department’s confirmation is
evidence of both electronic and paper filings and absent a subpoena
will be provided in lieu of the actual form. Social Security numbers
and FEIN numbers contained on the forms will not be publicly
disclosed. Workers’ Compensation insurers should access the
Department’s independent contractor information during audits to
assist in determining a worker’s status as employee or independent
contractor.
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