The bill amends Section 28-29-17.1 of the General Laws in Chapter 28-29, which pertains to workers' compensation and the designation of independent contractors. The amendment requires that a person must file a notice of designation as an independent contractor with the director annually, including for each hiring entity that retains their services. This filing is a presumption of independent contractor status but does not prevent the court from finding independent contractor status if the notice is not filed. The amendment also removes the requirement that the notice of designation and withdrawal of designation must be in writing, allowing for electronic filing. Additionally, the bill specifies that the director will issue a twenty (20) day notice for failure to file an annual designation, after which the designation may be withdrawn if not submitted.
The bill also includes a provision that the workers' compensation court may vacate any improperly procured "notice of designation." Furthermore, it requires the department of labor and training to send a list of all individuals who have filed a designation form to the Rhode Island division of taxation in the department of revenue by April 1 of each year. The changes apply to injuries occurring on and after January 1, 2001. The act will take effect immediately upon passage.
Statutes affected: 2472 SUB A: 28-29-17.1
2472: 28-29-17.1