Rhode Island Construction Accident Lawyer

Construction consistently records more workplace fatalities than any other private-sector field in Rhode Island. Federal data show that, nationwide, one in five worker deaths in 2023 occurred on building sites, and OSHA Region 1—which includes Rhode Island—continues to cite trench collapses, falls, struck-by injuries, and electrocutions as its “Fatal Four.” In July 2024, OSHA inspectors found a Boston-area contractor exposing Rhode Island laborers to unguarded trenches less than twelve months after a similar citation. These figures underscore both the prevalence of construction accidents locally and the need for robust legal remedies when they happen.

Our personal injury attorneys at the Jeffrey Glassman Injury Lawyers are dedicated to fighting for the rights of people injured on the job. We refuse to be intimidated by the tactics of large corporations, their insurance companies or opposing attorneys, who try to prevent these business entities from being held accountable for their negligence.

Rhode Island Construction Safety Laws and OSHA Regulations

Rhode Island is a “Federal OSHA” state, meaning the U.S. Occupational Safety and Health Administration has primary enforcement authority. Employers must comply with OSHA’s construction standards (29 C.F.R. Part 1926) covering fall protection, scaffolding, excavation, PPE, and more. Serious violations can trigger fines exceeding $16,000 per instance, and willful or repeat violations can exceed $164,000. While Rhode Island does not administer its own OSHA plan, state agencies still influence site safety: the Division of Professional Regulation licenses certain trades, and the Department of Labor & Training (DLT) tracks workplace injuries reported under § 28-32 of the Rhode Island General Laws.

What Are The Top Construction Accident Risks in Rhode Island?
  • Falls from roofs, ladders, scaffolds, or unprotected floor openings remain the leading cause of traumatic brain injury and spinal fractures.
  • Struck-by incidents involve cranes, forklifts, suspended loads, or flying debris and frequently lead to crush injuries and amputations.
  • Electrocution risks arise where overhead power lines cross narrow Providence roadways or where outdated wiring lacks GFCI protection on renovation sites.
  • Caught-in/between events, such as trench cave-ins, can result in suffocation or complex pelvic fractures.
  • Exposure to silica dust, asbestos, or chemical solvents may cause latent occupational diseases such as mesothelioma or silicosis.

Each of these hazards implicates specific OSHA rules, ANSI consensus standards, and—critically for injured workers—the potential liability of multiple parties beyond the direct employer.

Rhode Island Workers’ Compensation for Construction Injuries

Rhode Island’s Workers’ Compensation Act (§ 28-29 et seq.) provides no-fault benefits for medical treatment, wage replacement, vocational rehabilitation, and, in fatal cases, dependency benefits for surviving family members. All employers with one or more employees must maintain coverage or hold self-insured authority. An injured construction worker needs only to show that the accident “arose out of and in the course of employment.” Because fault is irrelevant, a roofer who slipped on ice despite ignoring safety training can still collect weekly indemnity checks. Employers—or more commonly, their insurance carriers—have ten days to file a First Report of Injury with the DLT once notified of the accident.

While workers’ compensation is indispensable, it has built-in limitations: wage benefits are capped at roughly 75 percent of the worker’s spendable base wages, there is no pain-and-suffering compensation, and the schedule for permanent impairment can undervalue catastrophic losses. That is why construction accident victims often explore civil tort claims in addition to—or instead of—workers’ compensation.

Who Can Be Sued After a Construction Accident in Rhode Island?

Rhode Island law bars employees from suing their direct employer for ordinary negligence, but it does not protect other actors on a job site. Potentially liable third parties include:

  • Property owners who fail to correct known hazards on the premises.
  • General contractors who neglect to enforce safety protocols on multi-employer worksites.
  • Subcontractors whose negligent acts, such as removing guardrails, injure workers of another company.
  • Equipment manufacturers under a strict liability theory if a defective scissor lift or nail gun harms a user.
  • Architects and engineers for negligent design or site supervision errors.

Because construction projects involve layered contractual relationships, identifying every culpable entity often requires subpoenas, depositions, and forensic analysis of site-specific safety plans. Successful third-party claims unlock full tort damages, including pain and suffering, emotional distress, and 100 percent of lost wages—none of which are available u, der workers’ compensation alone.

Deadlines for Filing a Construction Injury Claim in Rhode Island

Rhode Island affords accident victims three years to file a personal-injury lawsuit, measured from the date the cause of action accrues. Workers’ compensation claims follow a slightly different timeline: a worker must provide notice “as soon as practicable” but no later than 30 days after injury to preserve benefits, and a petition for benefits must be filed within two years. If a latent occupational disease, such as asbestosis—manifests years after exposure, the limitations clock begins when the worker “knew or reasonably should have known” of the disease’s connection to the employment.

How Shared Fault Affects Your Construction Injury Case

The Ocean State follows a pure comparative-fault system (§ 9-20-4). A plaintiff’s recovery is reduced by the percentage of fault attributed to them, but not barred unless their fault equals 100 percent. Thus, a carpenter found 40 percent at fault for failing to tie off can still recover 60 percent of their proven damages from other negligent parties. Contractors and insurers frequently weaponize this defense, so meticulous accident reconstruction and expert testimony can shift blame where it belongs.

Damages Available in a Civil Construction-Accident Suit
  • Economic damages: past and future medical bills, 100 percent of lost wages and fringe benefits, diminished earning capacity, and necessary home-modification or mobility devices.
  • Non-economic damages: physical pain, mental anguish, loss of enjoyment of life, disfigurement, and loss of consortium for spouses.
  • Punitive damages: available only on a showing of willful or reckless disregard—for example, ignoring repeated OSHA citations for the same scaffold hazard.
  • Wrongful-death damages: funeral costs, loss of society and companionship, and lost future income, recoverable by statutory beneficiaries under § 10-7-1.
Proving Fault in a Rhode Island Construction Accident Case

Preserving evidence is essential. Injured workers—or their counsel—should:

  • Photograph the scene immediately (or instruct a coworker to do so).
  • Secure the names and phone numbers of eyewitnesses and subcontractors present.
  • Request OSHA logs, incident reports, and any video surveillance from the general contractor.
  • Demand that the employer and property owner send “spoliation” letters preserving defective equipment, broken guardrails, or collapsed formwork.
  • File a public-records request for the OSHA investigative file once the agency closes its case; these files often include expert reports and employer safety manuals that can prove negligence.
Steps to Take After a Construction Accident
  • Obtain medical attention and follow all treatment recommendations. Emergency-department records create a contemporaneous injury timeline.
  • Report the accident to a supervisor in writing. Verbal notice can be disputed later.
  • Consult a lawyer quickly—deadlines, lien issues, and evidence preservation require early legal intervention.
  • Avoid social-media posts about the accident; insurers comb Facebook and Instagram for statements undermining the claim.
  • Track expenses and work absences in a dedicated notebook or app to bolster wage-loss calculations.
How Jeffrey Glassman Injury Lawyers Serves Rhode Island Construction Workers

Although our main office is across the border in Boston, Jeffrey Glassman Injury Lawyers maintains a robust Rhode Island practice and handles cases before the Workers’ Compensation Court in Providence and in every Superior Court countywide. Our construction-accident team:

  • Conducts on-site inspections with engineers and accident-reconstruction specialists.
  • Pursues OSHA Freedom of Information Act requests and grand-jury subpoenas, where appropriate, to uncover employer misconduct.
  • Coordinates parallel claims, ensuring workers’ compensation liens do not swallow third-party settlements.
  • Advances litigation costs so clients pay nothing up front and only owe a fee if we win.
  • Communicates with Spanish- and Portuguese-speaking crews common on Rhode Island projects.

We also partner with local unions—carpenters, laborers, electricians—to deliver toolbox talks on safety rights and post-accident legal options.

Frequently Asked Questions
Q: “Do I have to choose between workers’ compensation and a lawsuit?”

No. You can (and should) pursue both if a third party bears responsibility. Workers’ compensation provides immediate medical coverage; the lawsuit seeks full compensation for your losses.

Q: “What if I am an undocumented worker?”

Rhode Island workers’ compensation applies regardless of immigration status, and courts typically allow undocumented plaintiffs to seek damages, although lost-wage calculations may adjust for future work restrictions.

Q: “Can my employer fire me for reporting a safety violation?”

Retaliation for exercising OSHA rights is illegal under § 11(c) of the OSH Act. Victims must file a whistleblower complaint with OSHA within 30 days of the retaliatory act.

Q: “How long will my case take?”

Simple workers’ compensation claims resolve within months; complex third-party suits can take 18–30 months, depending on medical prognosis and court scheduling. Early mediation often yields settlements sooner.

Q: “What fee do you charge?”

Our firm works on contingency: if we recover compensation, we collect a percentage of the award plus approved expenses; if we do not recover, you owe nothing.

Contact us Today!

Construction sites from Providence to Westerly help build Rhode Island’s economic future, yet they remain fraught with hazards that can derail a worker’s life in an instant. Understanding the interplay among OSHA regulations, the Workers’ Compensation Act, negligence principles, and strict liability doctrines is vital to securing full financial recovery. The experienced attorneys at Jeffrey Glassman Injury Lawyers stand ready to investigate site conditions, marshal expert testimony, and fight for every dollar you deserve. If you or a loved one has been injured on a Rhode Island construction project, contact us today for a free, no-obligation consultation. Remember, you have only three years from the date of injury to file most civil claims; delay can cost you critical rights. Let our team handle the legal heavy lifting so you can focus on healing and rebuilding your life.

Client Reviews
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