Workers' Compensation Attorneys for Workers' Comp Victims Injured On the Job

If you were injured on the job anywhere in Rhode Island, you may be entitled to workers' compensation benefits covering your medical care and a portion of your lost wages. Kirshenbaum & Kirshenbaum has represented injured workers across Warwick, Providence, Cranston, Newport, and Pawtucket for more than 90 years.

What Is Workers' Compensation in Rhode Island?

Workers' compensation is a no-fault insurance system that nearly all Rhode Island employers are required to carry. It provides injured employees with medical treatment and partial wage replacement without needing to prove their employer was negligent, and in exchange, employees generally give up the right to sue their employer directly (though third-party claims against non-employers, such as a negligent contractor on a job site, may still be available). The program is administered by the Rhode Island Department of Labor and Training (DLT), Division of Workers' Compensation under Rhode Island General Laws § 28-29-1 et seq.

Workers' compensation applies to a wide range of on-the-job injuries, from a single traumatic accident to a repetitive stress condition that develops over months or years. See our page on what injuries can be considered work-related for examples that surprise many workers.

What Benefits Can I Receive Through Rhode Island Workers' Compensation?

• Medical benefits: Rhode Island law provides full coverage of reasonable and necessary medical treatment related to your work injury, with no statutory dollar cap.
• Wage replacement: For injuries occurring on or after January 1, 2022, injured workers receive 62% of their average weekly wage while totally disabled, subject to a maximum set annually by the DLT (generally 60% of the state's average weekly wage). This is codified at R.I. Gen. Laws § 28-33-17.
• Partial disability benefits for workers who can return to work in a reduced capacity, discussed further in our guide on maximum injury benefits under workers' compensation.
• Permanent disability and disfigurement benefits for lasting impairment.
• Vocational retraining benefits for workers who cannot return to their prior occupation; see our page on Rhode Island workers' compensation vocational retraining benefits.
• Death benefits for dependents of workers killed on the job, covered in our page on eligibility for workers' comp death benefits in Rhode Island.

For a full explanation of how your specific compensation rate is calculated, see our page on workers' comp and lost income in Rhode Island.

Who Is Eligible for Workers' Compensation in Rhode Island?

Rhode Island requires virtually all employers with one or more employees to carry workers' compensation insurance, regardless of company size. Coverage generally extends to full-time, part-time, and seasonal employees. Independent contractors are typically not covered, though workers are sometimes misclassified as contractors when they should legally be treated as employees. If you're unsure how you're classified, see our pages on work injury compensation for independent contractors and workers' compensation for part-time employees. You can also confirm coverage directly using our guide to verifying your employer has workers' compensation insurance.

What Should I Do After Being Injured at Work?

1. Report the injury to your employer as soon as possible. Rhode Island law gives you 30 days to report a work injury, but prompt reporting strengthens your claim and gets treatment started sooner.
2. Seek medical treatment and clearly tell the provider that the injury is work-related.
3. Follow your treatment plan and attend all follow-up appointments.
4. Keep your own records of the incident, your symptoms, and all communications with your employer and the insurance carrier.
5. Contact a Rhode Island workers' compensation lawyer, particularly if your claim is delayed, disputed, or denied.

Our full walkthrough of what to do after being injured at work in Rhode Island covers each of these steps in more detail, including what happens after your employer files its report with its insurance carrier.

What Are the Deadlines for Filing a Rhode Island Workers' Comp Claim?

Two separate deadlines matter in a Rhode Island workers' compensation case:

• 30 days to notify your employer of a work-related injury or illness.
• Two years from the date of injury, or the date you became incapacitated, to file a formal workers' compensation claim. Occupational disease claims can follow different timing rules depending on when the condition was discovered or diagnosed.

Missing either deadline can jeopardize your right to benefits entirely. For the full explanation, including how occupational disease claims are handled differently, see our page on how long you have to file a workers' comp claim and our related page on the time limit to notify an employer of a work injury.

What If My Workers' Compensation Claim Is Denied?

Claims can be denied or disputed for many reasons, including questions about whether the injury is actually work-related, disputes over the severity of the injury, or missed procedural deadlines. A denial is not the end of the process. Rhode Island has a formal appeal process through the Workers' Compensation Court, and an attorney can help identify why a claim was denied and what evidence is needed to challenge it. Learn more about the Rhode Island workers' compensation appeal process and the most common reasons workers' compensation claims are denied in Rhode Island.

Can My Employer Fire Me for Filing a Workers' Comp Claim?

No. It is illegal for an employer to fire, demote, or otherwise retaliate against an employee for filing a legitimate workers' compensation claim. Some employers still attempt it, whether directly or through more subtle pressure. If you believe you're facing retaliation, see our page on whether you can be fired for filing a workers' compensation claim and our related guide on job protection during workers' comp.

Why Choose Kirshenbaum & Kirshenbaum for Your Workers' Compensation Claim

Our workers' compensation team, led by Robyn K. Factor alongside associate attorney Jason Nystrom, has secured results for injured Rhode Island workers including a $250,000 settlement for a worker injured in a workplace fall. We handle every stage of a claim, from the initial filing through appeals if a claim is denied, and we work to make sure injured workers understand their rights rather than simply accepting an insurance carrier's first answer. Free consultations are available for workers' compensation matters, and there is no attorney's fee unless we recover benefits for you.

Frequently Asked Questions

How much does a workers' compensation lawyer cost in Rhode Island?

Workers' compensation attorneys in Rhode Island, including our firm, generally work on a contingency basis for these claims, meaning there is no upfront cost and fees are only owed if benefits are recovered. See our page on the costs of filing a Rhode Island workers' compensation claim for specifics.

Can I choose my own doctor for a workers' compensation injury?

Rhode Island has specific rules about selecting and, if necessary, changing treating physicians under a workers' compensation claim. See our guide on choosing your doctor after a Rhode Island work injury for how this works in practice.

Does workers' compensation cover injuries from repetitive motion or long-term wear on the body?

Yes. Repetitive stress injuries, such as carpal tunnel syndrome or chronic joint damage from repeated motions, can qualify for workers' compensation in Rhode Island, though these claims often require stronger medical documentation than a single traumatic injury. See our page on repetitive stress injuries and Rhode Island workers' compensation.

What happens to my workers' compensation benefits if I reach maximum medical improvement?

Reaching maximum medical improvement (MMI) means your condition has stabilized and is not expected to improve further with additional treatment. This can affect the type and duration of benefits you receive going forward. See our explanation of maximum medical improvement and workers' compensation for what to expect.

Can I still receive workers' compensation if I had a pre-existing condition?

Often, yes. If a work injury aggravates or worsens a pre-existing condition, you may still be entitled to benefits for that aggravation, even though the underlying condition existed before your accident. See our page on workers' compensation for pre-existing injuries for more detail.

If you've been injured on the job anywhere in Rhode Island, contact Kirshenbaum & Kirshenbaum today for a free consultation about your workers' compensation claim. There is no attorney's fee unless we recover benefits for you.

This content is for informational purposes only and does not constitute legal advice. Each case is unique, and past results do not guarantee future outcomes.