Rhode Island Bill Proposes Amendments to Enhance Workers’ Compensation Law

The Rhode Island House of Representatives has introduced a significant bill, HB 7173, to amend the state’s workers’ compensation law. This legislation seeks to prevent employer discrimination against employees exercising rights under the workers’ compensation statute. A key feature of the bill is the protection of employee data privacy.

CLM member Angela Cabado, Director of Risk Management at Marriott Vacations Worldwide, sheds light on the bill’s specifics. It mandates that if an employee, after a work-related injury, demands reinstatement to their previous position or a suitable alternative, the employer must comply, provided a medical clearance is in place. This requirement sets Rhode Island apart from other jurisdictions in its explicit detail.

Cabado emphasizes two best practices for employers irrespective of their location: proper Documentation and Transitional Duty programs. Employers should have detailed forms addressing the bill’s requirements and offer clear, documented transitional duty options. An employee’s refusal of light duty could waive their reinstatement rights, an aspect that should be clearly communicated in the transitional duty offer.

The bill could significantly enhance protections for workers on compensation leave, imposing stringent guidelines for employers. While unique to Rhode Island currently, it suggests a broader move towards more defined employee rights in workers’ compensation cases across various jurisdictions. The legislation highlights the importance of clear communication and a well-structured transitional duty program in protecting both employer and employee interests. Violations of the proposed law could result in substantial penalties for employers, including back pay and legal costs. HB 7173 is currently under review by the House Labor Committee.