Providence Workers’ Compensation Lawyer

In bustling Providence, workplaces range from hospitals on the East Side to construction sites along the I-195 Redevelopment District. No matter the setting, Rhode Island law promises that employees injured on the job receive swift medical care and wage protection through the state’s workers’ compensation (WC) system. This article explains, in plain English but with full legal accuracy, how that system works in 2025, what benefits are available, how to file or contest a claim, and how our personal injury attorney at Jeffrey Glassman Injury Lawyers can help you safeguard your rights.

Rhode Island’s WC program is governed primarily by Titles 28-29 through 28-38 of the General Laws and administered by two agencies:

• Division of Workers’ Compensation (DWC) within the Department of Labor & Training (DLT), which enforces coverage requirements and maintains claim records.​
• Rhode Island Workers’ Compensation Court (RIWCC) in Providence, which handles all disputes, from initial pre-trial conferences to full evidentiary hearings.

The statutes are remedial, meaning courts interpret them liberally to protect workers while balancing employers’ need for predictability.

Nearly every business with one or more employees, full-time, part-time, or seasonal, must maintain WC insurance or be self-insured. Limited exceptions include:

• Sole proprietors and partners who elect out.
• Corporate officers holding at least a 10 percent ownership interest who formally exclude themselves.
• Certain real estate and domestic service arrangements.

Out-of-state employers operating in Rhode Island for more than 180 days in any 12 months must list the state in Part 3A of their insurance policy or purchase a Rhode Island policy outright.​

To be recognized as an independent contractor—and therefore excluded from WC—an individual must file Form DWC-11-IC with the DLT every calendar year under the 2024 amendment to § 28-29-17.1. Failure to file means the worker may be deemed an employee, leaving the hiring company liable for coverage.​

An injured worker (or one who develops an occupational disease) is eligible if the injury “arises out of and in the course of employment.” Fault is irrelevant; even the employee’s simple negligence does not bar compensation, though willful intent to injure oneself or intoxication can. Coverage extends to:

• Traumatic incidents (falls, machinery accidents).
• Repetitive-stress injuries (carpal tunnel, tendonitis).
• Occupational illnesses (asbestos-related disease, chemical exposure).
• Psychological injuries that flow from a physical injury.

• Weekly Indemnity Payments. Rhode Island uses a four-tier schedule tied to the injured worker’s average weekly wage (AWW) and the statewide average weekly wage (SAWW). For injuries on or after January 1, 2025, the SAWW is $1,347.00. There are two main kinds of wage replacement:
• Temporary Total Disability (TTD) – Paid when you cannot work at all, but recovery is expected.
• Temporary Partial Disability (TPD) – Paid at 62 % of the difference between your pre-injury wage and current reduced earnings when you are on light duty.

If a disability becomes permanent, you may transition to Permanent Partial (PPD) or Permanent Total Disability (PTD), each with separate formulas and potential cost-of-living adjustments.

• Medical Treatment. All reasonable and necessary medical care, from emergency surgery at Rhode Island Hospital to prescription medication, is covered. Rhode Island follows a medical fee schedule updated every January; the newest schedule took effect January 1, 2025.​
• Vocational Rehabilitation. If you cannot return to your pre-injury occupation, DLT-approved counselors may provide retraining at the insurer’s expense, including tuition at area colleges or trade schools.
• Disfigurement and Loss-of-Use. A lump-sum award is available for visible scarring or loss of bodily function, with multipliers set by statute and updated annually.
• Death Benefits. Dependents receive up to $20,000 for funeral expenses plus weekly benefits equivalent to TTD, subject to the same maximum rate.

You have the right to select your initial treating physician without employer interference. However, switching doctors later generally requires the insurer’s consent or a finding of “good cause” by the court. Providers must adhere to practice parameters and cannot bill you beyond the allowed fee schedule.

• Notify your employer immediately—preferably in writing—no later than 30 days after injury.
• The employer’s insurer must investigate and either accept or deny the claim within 21 days of notice; otherwise, you may file directly with the court.​
• If the claim is denied or benefits are stopped within the first 13 weeks, you have two years from the injury to petition the RIWCC.
• If benefits are accepted, the insurer files a Memorandum of Agreement (MOA), establishing wage data and injury description.

Disputes begin with a pre-trial conference before a judge sitting in Providence. The judge can order payments or deny them, subject to either party’s request for a full hearing (trial). Discovery tools—depositions, subpoenas, independent medical examinations—mirror those in superior court, but the process is streamlined. Appeals from a final decree go to the Rhode Island Supreme Court.

Many cases resolve via a “Denial & Dismissal” settlement (lump-sum payment in a contested claim) or a Section 28-33-25 commutation (lump-sum redemption of an accepted claim). The court must approve any settlement to ensure it is in the employee’s best interest and that future Medicare interests are addressed when necessary.

If someone other than your employer contributed to the accident, such as a negligent subcontractor or a defective machine manufacturer, you may file a civil action for additional damages (pain and suffering, full wage loss). The workers’ comp insurer will have a statutory lien on part of the recovery, but an experienced attorney can often negotiate a favorable compromise to maximize your net.

An employer may offer a bona fide light-duty job consistent with medical restrictions. Refusing suitable light duty can jeopardize weekly checks, yet accepting it at reduced pay converts TTD to TPD benefits. Rhode Island also requires employers to continue group health insurance for up to two years while you receive WC benefits.​

Rhode Island law prohibits an employer from firing or discriminating against a worker for claiming WC. A successful retaliation suit may yield reinstatement, back pay, attorneys’ fees, and enhanced damages.

Insurers defend claims vigorously, often hiring surveillance teams, combing through social media, and arranging “independent” medical exams. A skilled Providence WC lawyer will:

• Gather medical proof, wage documents, and expert testimony.
• Navigate procedural traps— missed deadlines can be fatal to a claim.
• Negotiate settlements that protect Medicare and Medicaid interests.
• Coordinate potential third-party actions for a full financial recovery.

For more than two decades, Jeffrey Glassman Injury Lawyers has championed the rights of injured workers across New England. Our team combines deep knowledge of Rhode Island’s unique WC statutes with the resources to challenge national insurance carriers. Consultations are always free, and we work on a contingency-fee basis—no fee unless we secure compensation for you.

A workplace injury can threaten your health, your livelihood, and your future, but Rhode Island’s workers’ compensation system is designed to cushion that blow—if you know how to use it. Understanding eligibility rules, strict filing deadlines, and 2025 benefit rates is essential. Even more crucial is having a dedicated advocate to stand between you and powerful insurance interests. Jeffrey Glassman Injury Lawyers is ready to be that advocate, ensuring that injured workers in Providence receive every dollar and every treatment the law allows.

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