If you have been injured on the job and need to file a workers’ compensation claim, there is a specific time limit to do so. In order to meet the statute of limitations, you must file your claim within two years from the date of your injury or the date you became incapacitated. To better understand your rights and requirements, it’s important to consult with an experienced workers’ compensation attorney.
Understanding the Time Limit for Workers’ Comp Claims
In Rhode Island, the statute of limitations for filing a workers’ comp claim is two years from the date of injury or date of incapacity. The date of your injury is the actual day that you were injured on the job.
It is important to report the injury to your employer as soon as possible. Under Rhode Island workers’ compensation law, you have 30 days to report an injury to your employer. Once the injury is reported, your employer must submit an injury report to their workers’ compensation insurance carrier. The insurance carrier will file a first report of injury then determine if the injury was job related. If it is determined to be job related, you may be eligible for compensation.
Occupational Disease Claims
If you have suffered an occupational disease and have a claim, the time limit is two years from disablement. An occupational disease is a health condition or disorder caused by the activities you perform for your job or the environment you work in. These can include hearing loss, repetitive stress injuries, or skin or respiratory conditions due to exposure to a toxin or poison.
For occupational disease claims, the injury may happen over time and is not caused by a single event. To file a claim, the employee must show that the disability was caused by an occupational disease that resulted directly from their job or place of employment. The two-year time limit is flexible and is based on the date of your last known exposure, date that you first became aware of your injury, or the date you knew the injury was related to your job.
What to Do After Being Injured At Work
If you are injured on the job, there are several things to do as soon as possible, including:
- Seek medical attention for any injuries
- Report the incident and your injury to your employer
- Contact a workers’ compensation attorney
- File a workers’ comp claim
Evidence Needed for a Workers' Compensation Claim
To file a workers’ comp claim, you will need to provide evidence that the cause of your injury or disablement was work related and prove that your injuries were the direct result of an incident that occurred at the workplace or as a result of your job. An independent medical examination will need to be done to determine the extent and cause of the injury. In addition, you may need to provide proof of the incident that caused your injury. For example, if you suffered a heart attack while on the job, you must be able to prove that it was caused by work-related emotional, physical, or environmental factors. A workers’ comp attorney can help gather evidence for this.
Since you have a certain amount of time to file and prove your case, collecting all the information you need is essential. You will need a detailed report of what happened to file a workers’ compensation claim. Some details to document are:
- Date of the injury
- Where at work the injury happened
- Any witnesses and their contact information
- What caused the injury and if there were problems with safety at the place of the accident
- Photos or video of what happened
- Photos of your injuries
Have You Been Injured On The Job In Rhode Island?
If you've been hurt at work you need to speak with an experienced workers' compensation lawyer as soon as possible. Please contact us online or call our Warwick office directly at 401.946.3200 to schedule your free consultation. We help work injury victims in Providence, Warwick and all areas of Rhode Island.