§ 28-53-1 - Preamble and legislative findings.
SECTION 28-53-1
§ 28-53-1 Preamble and legislativefindings. – WHEREAS, The system of workers' compensation in the state of Rhode Island wasonce in a state of acute crisis until legislative intervention and oversightproduced what is now a nationally recognized model of a well-managed economicalprogram that provides injured workers with appropriate compensation, healthcare and rehabilitative services without unduly burdening employers, insurersand the citizens of Rhode Island; and
WHEREAS, Legislative and policy changes have corrected theabuses and misuse of the workers' compensation system while assisting injuredworkers, restoring fiscal stability, and eliminating waste and unnecessarycosts; and
WHEREAS, Professionals providing services covered under theprovisions of the Workers' Compensation Act have taken into account, in theperformance of their service, the important public policy benefit of a soundand properly functioning workers' compensation system in this state, and havetirelessly committed themselves to protect and maintained the integrity of thissystem; and
WHEREAS, Abuse and misuse of the workers' compensation systemby non-complying employers has been reduced through the state's mandatoryrequirement that employers subject to the law either self-insure or maintain apolicy of workers' compensation insurance to ensure that legitimately injuredworkers receive all the rights and benefits provided in the Workers'Compensation Act; and
WHEREAS, Substantive efforts have already been undertaken bythe general assembly, the workers' compensation court and the department oflabor and training to eliminate the illegal, irresponsible and unscrupulousbehavior of employers who openly and deliberately operate businesses in RhodeIsland without workers' compensation insurance for their employees; and
WHEREAS, The actions of non-complying employers are illegaland deprive not only injured employees of the workers' compensation benefits towhich they are entitled but also cause greater social and financial costs toall citizens of Rhode Island including employers and health care providers whoincur uncompensated expenses in treating the victims of the uninsured employer;and
WHEREAS, Additional reform is required to provide appropriatecompensation, health care and rehabilitative services to employees who areinjured while in the service of uninsured employers and to eliminate theflagrant abuse of the system by illegally uninsured employers by requiring themto accept their legal responsibility to pay the appropriate benefits to theirinsured employees; now, therefore be it
RESOLVED, That it is declared to be the intent of thelegislature that an uninsured employers fund be created to ensure that injuredworkers who are employed by illegally uninsured employers are not deprived ofworkers' compensation benefits. The fund shall have enforcement mechanisms asare necessary to induce illegally uninsured employers to acknowledge theirmalfeasance, provide legally mandated benefits for injured; and to assure thatall participants in the system recognize their obligation to conduct themselvesin a manner consistent with the overall integrity of the compensation system.All amounts owed to the uninsured employers fund from illegally uninsuredemployers are intended to be excise taxes and as such, all ambiguities anduncertainties are to be resolved in favor of a determination that suchassessments are excise taxes.