State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-28 > Chapter-28-29 > 28-29-17-1

SECTION 28-29-17.1

   § 28-29-17.1  Notice of designation asindependent contractor. – (a) A person will not be considered an "independent contractor" unless thatperson files a notice of designation with the director, consistent with rulesand regulations established by the director, in writing, on a form provided bythe director, that the person is an "independent contractor." The filing of thenotice of designation shall be a presumption of "independent contractor" statusbut shall not preclude a finding of independent contractor status by the courtwhen the notice is not filed with the director. That designation shall continuein force and effect unless the person withdraws that designation by filing anotice with the director, in writing, on a form provided by the director, thatthe person is no longer an "independent contractor." Any designation orwithdrawal of designation form shall be deemed public information and thedirector shall furnish copies or make available electronically the forms anddesignations, upon written request, to any employer or insurer or itsauthorized representative.

   (b) The workers' compensation court may, upon petition of anemployee, the dependents of a deceased employee or any other party in interestat any time, vacate any "notice of designation" if the "notice of designation"has been improperly procured.

   (c) The provisions of subsections (a) and (b) of this sectionshall only apply to injuries occurring on and after January 1, 2001.