Rhode Island
Workers' Comp Exemption
An employer with one or more employees generally needs Rhode Island workers' compensation. Sole proprietors and partners are exempt owner categories. Most corporate officers can opt out with DWC-11, which currently carries a $50 filing fee. R.I. Gen. Laws §28-29-17 also names LLC managers/managing members/members in the waiver procedure, but because DLT's public form guidance centers on DWC-11 for officers, an LLC owner should confirm the current filing path with DLT rather than assume a separate LLC certificate exists.
Entity types analyzed
- Sole proprietor
- LLC member
- Partner
- Corporate officer
Rhode Island uses several documents that sound like exemptions but answer different questions. Sole proprietors and partners are outside personal coverage; most corporate officers begin inside the Act and use DWC-11 to claim common-law rights; LLC managers/members are named in the statute's waiver procedure; and a true independent contractor uses DWC-11-IC for each hiring entity.
An employer with one or more employees generally needs Rhode Island workers' compensation. Sole proprietors and partners are exempt owner categories. Most corporate officers can opt out with DWC-11, which currently carries a $50 filing fee. R.I. Gen. Laws §28-29-17 also names LLC managers/managing members/members in the waiver procedure, but because DLT's public form guidance centers on DWC-11 for officers, an LLC owner should confirm the current filing path with DLT rather than assume a separate LLC certificate exists.
Owner treatment at a glance
Sole proprietorDLT lists an individual sole proprietor as exempt from personal workers' compensation coverage. If the owner operates as an independent contractor for another hiring entity, the separate DWC-11-IC designation rules can apply.
LLC memberR.I. Gen. Laws §28-29-17 expressly includes LLC managers, managing members, and members in the common-law-right waiver procedure. Because DLT's public employer page emphasizes the corporate-officer DWC-11 route rather than publishing a separate LLC form, confirm the current filing treatment with DLT before relying on a waiver for an LLC member.
PartnerDLT lists partners as exempt from personal workers' compensation coverage. Employees of the partnership still trigger the employer's coverage obligation.
Corporate officerMost corporate officers are included under the Act but may file DWC-11, Notice of Claim of Common Law Rights, to waive workers' compensation rights and preserve a common-law remedy. DLT increased the DWC-11 filing fee to $50 effective July 1, 2024.
Rhode Island moves from owner-only to employer coverage as soon as the first employee is hired
DLT states that, with limited exceptions, employers with one or more employees must carry workers' compensation insurance. The agency separately lists individual owners and partners as exempt.
Those two statements should be read together. A sole proprietor does not need personal employee coverage merely for owning the business, but the proprietor's first employee creates a company-level obligation that the owner's status does not erase.
The same separation applies to a partnership. Keep owner treatment in one file and policy proof for employees in another so a project manager cannot mistake an owner exemption for a no-insurance certificate covering the entire business.
DWC-11 is a common-law-right election for a person who would otherwise be in the workers' compensation system
DLT says most corporate officers are included under the Workers' Compensation Act unless they file a Notice of Claim of Common Law Rights, DWC-11. By signing the waiver, the person gives up workers' compensation rights and preserves the ability to pursue common-law remedies for a work injury.
That is materially different from saying the corporation is exempt. Employees who remain covered still need the employer's policy, and DLT warns that a DWC-11 signer is not protected by workers' compensation for the work injury addressed by that election.
DLT's 2024 informational letter increased the DWC-11 filing fee to $50 effective July 1, 2024. Use the current DLT form rather than an old PDF showing a superseded fee.
Rhode Island's statute expressly mentions LLC managers and members, but the public filing path deserves a confirmation step
Section 28-29-17 names managers, managing members, and members of a limited liability company alongside employees and corporate officers in the common-law-right waiver rules. It also imposes notice timing tied to hire or appointment and filing with the Director.
DLT's public employer page, however, describes DWC-11 primarily as the corporate-officer waiver and does not publish a separate form titled 'LLC member exemption.' That mismatch is a reason to confirm the current filing procedure with DLT before an LLC owner relies on a waiver.
The safe article does not invent an ownership percentage or a new LLC form. It records what the statute says, what DLT currently publishes, and where the owner should obtain confirmation when the two sources use different shorthand.
The common-law-right election uses annual terms and advance timing rather than a simple permanent waiver stamp
Section 28-29-17 states that the waiver framework continues for one year and then for successive one-year terms unless the person timely files the notice needed to change the common-law-right position. The statute also contains a 60-day advance timing rule for a change before a term expires.
That makes calendar control important for a covered corporate officer or LLC principal. A status choice made years ago should not be assumed correct after an appointment change, entity conversion, or policy restructuring.
Keep the filed DWC-11 or other DLT-confirmed waiver record with the corporate/LLC appointment documents and set a review reminder before the next annual term.
DWC-11-IC belongs to an independent-contractor relationship and must name the hiring entity
Rhode Island's independent-contractor process is separate from an owner/officer waiver. DLT requires a person claiming independent-contractor status for workers' compensation to file DWC-11-IC for each hiring entity.
The filing is valid for one year unless withdrawn, and the hiring business can verify the filing through DLT. A contractor with one or more employees still needs workers' compensation for those employees; the contractor designation does not turn the contractor's crew into independent contractors.
Do not ask an employee to sign DWC-11-IC merely to reduce premiums. DLT explicitly warns that coercion or misrepresentation of employee status can lead to criminal prosecution.
A missing policy can become a daily penalty and stop-business problem, so the waiver file must never replace policy verification
DLT's employer page states that a business failing to provide required workers' compensation insurance may be fined $1,000 for each day without coverage, can face felony consequences, and may be closed by the Director.
The compliance workflow should therefore ask two questions independently: which named owners/officers have a valid personal waiver or exemption, and does the company have active insurance for every worker who remains covered?
Recheck both after the first hire, an officer appointment, LLC management change, new independent contractor, or a lapse/cancellation in the workers' compensation policy.
Rhode Island owner checklist
- Secure company coverage when the business has its first covered employee.
- Use DWC-11 for the common-law-right waiver only when the person's current DLT/statutory status supports it.
- For an LLC manager/member, confirm the current DLT filing procedure instead of inventing an ownership percentage or separate form.
- Use the current $50 DWC-11 fee, not a superseded older form fee.
- File DWC-11-IC separately for each hiring entity when the person truly qualifies as an independent contractor.
- Review annual waiver timing, policy status, and owner/officer records after every material change.
Filing reference
Coverage ruleWith limited exceptions, an employer with one or more employees must carry workers' compensation insurance. DLT identifies sole proprietors and partners as exempt owner categories, while most corporate officers are included unless they file the state's waiver.
Construction ruleDLT does not state a separate general construction employee-count threshold. The one-employee rule applies, and an independent contractor working for a hiring entity must separately file DWC-11-IC; a contractor with employees must maintain coverage for those employees.
Form / electionDWC-11 — Notice of Claim of Common Law Rights (owner/officer waiver); DWC-11-IC is a separate independent-contractor designation
RenewalSection 28-29-17 uses one-year terms that continue for successive one-year terms unless the individual timely changes the common-law-right election. DWC-11-IC, by contrast, is valid for one year for the named hiring entity.
Effective periodThe owner/officer waiver has specific notice-and-filing timing under §28-29-17. DWC-11-IC is hiring-entity specific and remains valid for one year unless withdrawn earlier.
Responsible agency
Rhode Island Department of Labor and Training, Division of Workers' Compensation
Official source library
These are the state-agency, statutory, or state-board materials used for this guide. The page was last source-checked on 2026-08-26.
- Rhode Island DLT — For Employers
- Rhode Island DLT — Workers' Compensation FAQs
- Rhode Island DLT — Forms & Applications / DWC-11 family
- Rhode Island DLT — Independent Contractors / DWC-11-IC
- R.I. Gen. Laws §28-29-17 — Common-law-right waiver
- Rhode Island DLT — Informational Letter 2024-02, DWC-11 Fee