Rhode Island Workers’ Compensation Lawyer

If you are hurt on the job in Rhode Island, the state’s workers’ compensation system is designed to pay medical bills, replace part of your lost wages, and help you return to work. While the framework is meant to be straightforward, in practice, it involves strict deadlines, complex benefit calculations, and frequent disputes with insurance carriers or self-insured employers. This in-depth guide explains how the Rhode Island Workers’ Compensation Act works in 2025, outlines recent statutory and regulatory changes, and describes the strategic considerations our attorneys weigh when protecting an injured worker’s rights. It contains general information only; for advice about your specific situation, contact our personal injury attorneys at Jeffrey Glassman Injury Lawyers directly.

Rhode Island requires virtually every private and public employer that has one or more employees to secure workers’ compensation insurance or obtain approval to self-insure under Title 28 of the General Laws. Certain categories—such as some agricultural laborers, real-estate salespeople, and corporate officers who properly file an exclusion—may elect out, but the presumption always favors coverage. Failure to maintain insurance can trigger civil penalties, criminal prosecution, and personal liability for any unpaid benefits.

The Act broadly defines an employee as “any person who has entered into the employment of or works under contract of service or apprenticeship with any employer.” Amendments approved in March 2025 clarify that the definition includes many gig-economy workers unless they meet the state’s stringent independent-contractor test.

Beginning January 1, 2024, anyone who performs services as an independent contractor must file an annual registration with the Department of Labor and Training (DLT) for each entity they contract with. The form requires proof that the worker is free from the principal’s control, is customarily engaged in an independent trade, and is properly insured. Misclassifying employees as contractors can result in stop-work orders and fines of up to $1,000 per day.

Workers’ compensation is a no-fault system: the injured employee does not need to prove employer negligence. Any injury or disease that “arises out of and in the course of employment” is compensable, including cumulative-trauma conditions such as carpal tunnel syndrome or occupational lung disease. Coverage extends off-site if the work requires travel, but injuries caused by intoxication or willful intent to self-harm may be denied.

• Medical treatment: 100 % of reasonable and necessary medical, surgical, hospital, nursing, and rehabilitative care, with no copays or deductibles charged to the worker.
• Temporary Total Disability (TTD): Weekly checks equal to 62 % of the worker’s average weekly wage (AWW) up to the statutory maximum. The first three days after injury constitute a waiting period unless incapacity lasts more than three full days, in which case payment is retroactive to day one.
• Temporary Partial Disability (TPD): If the worker returns to lighter duty at reduced earnings, partial benefits make up a portion of the gap.
• Permanent Total Disability (PTD): Lifetime wage replacement at the TTD rate for workers who can perform no gainful employment.
• Permanent Impairment and Scarring: Scheduled awards for loss of use of extremities and up to 500 weeks for severe disfigurement.
• Dependency and Death Benefits: Wage benefits to a surviving spouse and eligible dependents, plus funeral expenses. Pending legislation (H-8262) would raise the weekly dependency allowance for totally disabled employees; practitioners should monitor this bill’s progress in the 2024–2025 session.
• Cost-of-Living Adjustments (COLA): Certain disabled and dependent-death beneficiaries receive an annual COLA. The DLT’s Notice 25-02 sets the 2025 increase at 2.7 % effective May 10, 2025.

Rhode Island indexes benefits to the state's average weekly wage. As of October 1, 2024, the maximum weekly compensation rate is $1,573, while the floor for certain partial benefits is 20 % of the state AWW. Practitioners should always confirm the effective date when calculating entitlements because rates are adjusted each October.

For injuries occurring on or after January 1, 2022, Rhode Island eliminated the complicated “intermediate spendable base wage” formula. Compensation now equals 62 % of the employee’s AWW, subject to the ceiling and floor above. Employers must use 13 consecutive weeks of earnings preceding the injury (or the worker’s entire period of employment if shorter) to compute the AWW; seasonal employees may elect an alternative method that better reflects their typical yearly schedule.

• Immediate notice to the employer. Employees should report any work-related injury as soon as practicable, ideally, the same day, and request medical attention.
• Employer’s First Report of Injury (FROI). Within ten days of knowledge, the employer or its insurer files a FROI with the DLT.
• Payment or denial within 14 days. The insurer must either begin payments or issue a written denial. If payments are initiated and continue beyond 13 weeks, the carrier must file a Memorandum of Agreement detailing the calculation.
• Disputes go to the Workers’ Compensation Court. Rhode Island maintains a specialized court with exclusive jurisdiction over claims. Either party can file a petition if liability or the benefit amount is contested.
• Mandatory mediation and pretrial conference. Most cases are scheduled for a pretrial within 21 days; temporary orders may issue at that stage, followed by a full evidentiary hearing if necessary.
• Appeals. Final decrees may be appealed to the Appellate Division of the Workers’ Compensation Court and then to the state Supreme Court.

A petition for benefits must be filed within two years of the injury, the last payment of compensation, or the date the worker knew (or should have known) that an occupational disease was work-related—whichever is later. Failure to act within the two-year window can bar the claim entirely unless the employer neglected to file required notices with the DLT.

After six months of payments, the parties may petition the court to commute future weekly benefits into a lump-sum or structured settlement. The judge will approve only if the settlement is in the best interest of the employee and the insurer’s Medicare obligations are satisfied. Settlements that exceed 104 weeks of partial-incapacity benefits receive heightened scrutiny, and unpaid child-support liens must be addressed before funds are disbursed.

Workers’ compensation is the exclusive remedy against the employer, but injured workers may still sue negligent third parties, such as subcontractors or product manufacturers. Any third-party recovery is subject to a statutory lien reimbursing the carrier for benefits already paid. Temporary Disability Insurance (TDI), Social Security Disability (SSDI), and Medicare eligibility may trigger additional offsets, so coordination among benefit programs is critical.

Rhode Island aggressively prosecutes false statements in support of a claim, premium fraud, and misclassification. Employers may defend a case by proving the injury was not work-related, resulted from intoxication, or was intentionally self-inflicted. Good-faith personnel actions—such as layoffs—do not constitute retaliation, but any adverse action taken because the worker claimed benefits may create a separate civil cause of action.

Jeffrey Glassman Injury Lawyers handles every phase of the claim, from the initial accident investigation through trial and appeal. We secure independent medical opinions, calculate the correct AWW, and challenge premature terminations of weekly checks. Because we accept Rhode Island workers’ compensation cases on a contingency fee approved by the court, you pay nothing unless we recover benefits for you.

We also coordinate any third-party negligence or product liability lawsuits to maximize your net recovery while ensuring compliance with Medicare Secondary Payer rules. When appropriate, we negotiate structured settlements that protect long-term medical needs and minimize tax consequences.

The Rhode Island workers’ compensation system provides indispensable protection for injured employees, but it is laden with procedural traps and evolving statutory requirements, such as the 2024 independent-contractor registration and the 2025 COLA update. Understanding coverage, benefit formulas, and strict filing deadlines is essential to safeguarding your livelihood and your family’s financial security. If you have questions about any aspect of a workers’ compensation claim, reach out to Jeffrey Glassman Injury Lawyers for a free, confidential consultation.