Tower cranes dotting the skyline over the Providence River, constant renovation in College Hill, and billion-dollar infrastructure projects like the I-195 Redevelopment District all testify to the construction boom reshaping Rhode Island’s capital. With growth, however, comes risk. According to federal Occupational Safety and Health Administration (OSHA) fatality data, construction consistently ranks among the most dangerous industries in the state, with falls, struck-by incidents, and trench collapses appearing year after year in local inspection reports.
Our personal injury attorneys at Jeffrey Glassman Injury Lawyers are devoted to ensuring that the laborers who build our new hotels, biotech labs, housing, and highways are not left to carry the costs of preventable job-site injuries. In plain English, this page explains how Rhode Island law treats construction accident claims, what options an injured worker or grieving family has, and how our firm can help secure full and fair compensation.
Common Construction Accident Scenarios in ProvidenceEach of these scenarios may trigger distinct legal remedies, so understanding the framework is crucial.
The Twin Systems: Workers’ Compensation and Third-Party LiabilityWorkers’ Compensation Is Usually Step OneRhode Island requires almost all employers to carry workers’ compensation coverage. If you are injured “in the course and scope” of your employment, you are typically entitled to wage replacement, medical treatment, vocational rehabilitation, and, in tragic cases, death benefits for dependents, regardless of who caused the accident. Monetary benefits begin on the fourth calendar day after the disability starts, and claims are administered by insurers or self-insured employers under the supervision of the Rhode Island Department of Labor and Training.
Workers’ compensation, however, is limited. It does not pay for pain, suffering, or loss of enjoyment of life, and the weekly wage benefit is capped by state law. Moreover, insurers frequently dispute the extent of an injury, argue a worker has reached maximum medical improvement, or prematurely terminate benefits. Legal representation often becomes necessary to preserve and maximize the claim.
When a Third Party Is At FaultA construction site is a mosaic of contractors, subcontractors, equipment rental companies, property owners, engineers, and architects. When someone other than the direct employer—or the manufacturer of a defective product, causes or contributes to an injury, Rhode Island law allows the worker to pursue a third-party civil lawsuit for damages unavailable under workers’ compensation, such as full wage loss, future earning capacity, pain and suffering, and punitive damages.
Examples include:
Third-party actions proceed in the Rhode Island Superior Court and run parallel to the workers’ compensation claim. Any amounts recovered from the lawsuit are subject to a statutory lien reimbursing the comp insurer for benefits already paid, but skilled negotiation often reduces or waives a portion of that lien, leaving more in the worker’s pocket.
Statute of Limitations: How Long Do You Have?For most construction injury cases, you have three years from the date of the accident to file a personal injury lawsuit in the Rhode Island court. Waiting even a single day beyond that period generally bars the claim forever. Different, shorter notice periods apply when the defendant is a city, town, or other governmental entity, for example, 60 days’ notice for highway defect claims. Wrongful-death cases also carry a three-year limit, measured from the date of death rather than injury.
Workers’ compensation petitions have their own timing rules. Ideally, an injured laborer should report the incident to a supervisor immediately and ensure that the employer files the First Report of Injury with the Department of Labor and Training. Failure to provide prompt notice can compromise benefits and make later litigation more difficult.
Pure Comparative Negligence in Rhode IslandUnlike many neighboring states, Rhode Island follows a pure comparative negligence model codified in R.I. Gen. Laws § 9-20-4. Under this rule, an injured plaintiff’s compensation is reduced only by their percentage of fault, no matter how high. A worker deemed 90 percent responsible for failing to tie off could still recover 10 percent of total damages from other liable parties. Insurance adjusters sometimes exploit this doctrine by exaggerating the worker’s share of blame. Experienced counsel is essential to marshal safety-expert testimony, OSHA records, and site photographs that properly allocate responsibility.
Potential Defendants and Theories of LiabilityProper pre-suit investigation, including interviewing witnesses, analyzing contractual layers, pulling building permits, and obtaining OSHA inspection files through the Freedom of Information Act, is critical to identifying every responsible party before the limitation period expires.
Damages Available in a Third-Party Construction Injury LawsuitRhode Island law allows recovery of both economic and non-economic damages, including:
In wrongful-death actions, the decedent’s estate may pursue damages for lost net income, funeral expenses, and the survivors’ loss of society and companionship.
How OSHA and State Investigations Interact With Your CaseWhen a serious accident occurs, OSHA or the Rhode Island Occupational Safety and Health Administration (for public-sector projects) will open an investigation. Although OSHA’s findings can establish useful evidence of negligence, such as citations for lack of fall protection, its determinations are not dispositive in civil court. Nonetheless, swift legal intervention is vital to:
A favorable OSHA citation may bolster a punitive-damages claim or support a motion for partial summary judgment on liability.
Steps to Take Immediately After a Providence Construction AccidentJeffrey Glassman Injury Lawyers has represented injured laborers across New England for more than two decades, recovering millions of dollars in verdicts and settlements in crane accidents, scaffold collapses, electrocutions, and other construction disasters. We maintain relationships with leading construction-safety experts, life-care planners, and forensic economists to build compelling evidence. Overlapping workers’ compensation and third-party claims require meticulous coordination to avoid benefit offsets and maximize net recovery. We handle both claims in-house, sparing clients from juggling multiple law firms.
Generally, no; workers’ compensation is the exclusive remedy against your direct employer. You can, however, bring a negligence or products liability action against any third party that caused or contributed to the accident.
Immigration status does not bar you from workers’ compensation benefits or from pursuing a negligence claim in Rhode Island courts. The value of lost wages may be adjusted if you cannot lawfully work in the future, but you remain entitled to medical care and other damages.
A straightforward workers’ compensation claim may resolve within months. A contested third-party lawsuit can take 12–24 months or longer, depending on the complexity of the investigation, court scheduling, and whether the defense is willing to negotiate a fair settlement.
Every claim is unique. Factors include the severity of injuries, permanency ratings, comparative negligence, insurance policy limits, and the skill of your legal team. We provide a detailed valuation after gathering medical and economic evidence.
If you or a loved one has been hurt on a Providence construction site, call (401) 555-1234 or fill out our online form for a free, confidential consultation. We will evaluate your workers’ compensation rights and identify every source of third-party recovery. You pay nothing unless we win your case.