The bill amends Section 28-33-47 of the General Laws in Chapter 28-33 entitled "Workers’ Compensation — Benefits" to enhance protections for workers who have sustained a compensable injury. The amendment includes a new provision that requires employers to reinstate an injured worker to their former position upon written demand if the position is available and the worker is not disabled from performing the duties with reasonable accommodation. The amendment also specifies that a worker's former position is considered "available" even if it has been filled by a replacement during the worker's absence due to injury. If the former position is not available, the worker must be reinstated to any other existing vacant and suitable position. The bill also outlines the conditions under which the right to reinstatement terminates, such as medical determinations of inability to return to work, acceptance of employment with another employer, or refusal of suitable alternative employment.
Furthermore, the bill introduces new legal language to protect employees from discrimination by employers for exercising rights afforded by the workers' compensation statute or for participating in related inquiries or proceedings. It establishes that any violation of this section is deemed an unlawful employment practice and authorizes the workers’ compensation court to order reinstatement, award back pay, and cover the cost of lost fringe benefits. The bill also addresses the improper disclosure of employee data, defining it as an unwarranted invasion of personal privacy, and sets forth the conditions under which the director may deny requests for data disclosure. The act would take effect upon passage and aims to prevent employer discrimination and protect the privacy of employees' data related to workers' compensation claims.
Statutes affected: 7173: 28-33-47