Hiring a Workers' Compensation Lawyer in Rhode Island
The limits on workers' comp lawyer fees in Rhode Island, filing deadlines, how to check a lawyer's license, and free state help for injured workers. We do not recommend or rank lawyers.
What a lawyer costs in Rhode Island: fee rules
| Rules on contingency fees | Under Rhode Island Rule of Professional Conduct 1.5(c) (Supreme Court Rules, Article V), a contingent fee agreement must be in a writing signed by the client stating how the fee is determined, including the percentage(s) for settlement, trial or appeal; litigation and other expenses deducted from the recovery; and whether expenses are deducted before or after the fee is calculated. It must clearly notify the client of expenses owed whether or not the client prevails, and at the end the lawyer must give a written statement of the outcome and, if there is a recovery, the remittance and how it was determined. Rule 1.5(d) bars fees in domestic relations matters contingent on securing a divorce or on the amount of alimony, support or property settlement, and contingent fees for defending a criminal case. |
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| If you disagree with a lawyer's bill | The Rhode Island Bar Association's Fee Arbitration program hears fee disputes between clients and attorneys (and between attorneys). It does not handle disputes over fees under $1,000; disputes of $1,000 to $1,500 are decided by one arbitrator on written submissions only. Both parties must agree in advance to be bound by the arbitration panel's decision; if the other side will not agree, no panel is appointed. Submit the signed, dated Arbitration of Fee Disputes Agreement & Petition in triplicate with original signatures to the Executive Director, 41 Sharpe Dr., Cranston, RI 02920; phone 401-421-5740. |
| If a lawyer takes your money | If a complaint involves alleged misappropriation of funds by a lawyer, you may file a statement of claim with the Rhode Island Bar Association's Client Reimbursement Fund; the Disciplinary Board itself cannot recover money. |
Rhode Island rules to know first
| Lawyer fee limits | Rhode Island law makes the employer pay costs, including the employee's counsel fees and expert witness fees, when the employee successfully prosecutes a petition (for example, for compensation or medical expenses) or successfully defends against an effort to reduce or end benefits. Fees are awarded by the judge, appellate panel or supreme court for the services rendered at that level and made part of the decree, and the employee's attorney may not accept any other or additional fee for that petition. The court says an attorney is not required but is recommended; the Rhode Island Bar Association gives referrals at 401-421-5740. Court FAQ: https://www.courts.ri.gov/Courts/workerscompensationcourt/Documents/Workers-FAQ.pdf |
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| Deadline to file a claim | A claim is barred unless weekly compensation has started or a petition has been filed with the Workers' Compensation Court within two years after the injury or incapacity occurs or appears (or within two years after a death or after a physical or mental incapacity ends). For latent injuries, the time starts when the worker knew or should have known of the impairment and its connection to work, or after disablement, whichever is later. Source: R.I. Gen. Laws § 28-35-57 |
| Deadline to challenge a denial | A worker whose claim is not paid must file a petition with the Workers' Compensation Court within two years after the injury or incapacity occurs or becomes manifest (later in some latent-injury and incapacity cases). A party aggrieved by a trial judge's decree may appeal to the court's appellate division by filing a claim of appeal within five days of entry of the decree, not counting Saturdays, Sundays and holidays; the trial judge may extend this by up to 30 days for excusable neglect. Filing deadline: https://webserver.rilegislature.gov/Statutes/TITLE28/28-35/28-35-57.htm |
| Can you sue your employer? | Generally no. The right to workers' compensation is in place of all other rights and remedies for the injury against the employer and its directors, officers, agents and employees. The statute's exceptions are for employers that failed to secure workers' comp coverage (the worker may choose compensation or a damages suit) and the related penalty provision making corporate officers and similar persons personally liable when coverage was knowingly not secured. |
| Suing someone other than your employer | Yes. When someone other than the employer is legally liable, the worker may sue that person and also claim compensation, and receive both. From a judgment or settlement, the worker must reimburse whoever paid compensation for benefits paid to date, less a proportional share of costs and attorney fees; if the recovery exceeds compensation paid, the insurer may suspend weekly benefits for a period based on the excess (medical benefits continue). If the worker does not sue within two years and eight months after the injury, the employer or insurer may sue instead, but only if it gave the worker written notice at least 26 weeks before that deadline. Source: R.I. Gen. Laws § 28-35-58 |
| Filing a claim online | If your claim is disputed, you (or your attorney) file a petition with the Rhode Island Workers' Compensation Court, at the Garrahy Judicial Complex, One Dorrance Plaza, Providence (clerk's office, third floor; 401-458-5000; hours 8:30 a.m.-4:00 p.m.). Petitions cost $20 plus a $20.75 electronic filing fee ($40.75 total). The court sends a pretrial notice about 21 days after filing. For questions about your rights under the workers' compensation laws, contact the Department of Labor and Training, Division of Workers' Compensation, at 401-462-8100. |
Find and check a lawyer
| Check discipline history or file a complaint | The Rhode Island Supreme Court's Disciplinary Board and Office of Disciplinary Counsel handle complaints about attorney misconduct, and filing costs nothing. Call (401) 823-5710 to request a complaint form, or write a letter with your name, address and phone, the attorney's name, address and phone, and a description of the complaint, and send it to the Chief Disciplinary Counsel, Philip W. Noel Judicial Complex, 222 Quaker Lane, Room 1083, Warwick, RI 02886. Disciplinary Counsel checks whether the complaint is within the Board's authority, asks the attorney for a written response (you get a copy), investigates if warranted, and the Board authorizes formal charges or dismisses; for serious misconduct the Supreme Court may impose censure, suspension or disbarment. The Board cannot recover fees or damages. |
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Free legal help
| Free legal aid | Rhode Island Legal Services provides legal assistance and representation to low-income individuals and eligible client groups in Rhode Island. Apply online or call 401-274-2652 (Providence office) or 401-846-2264 (Newport office); the site also lists 800-662-5034; submitting an application does not guarantee help, and if you appear to qualify RILS will contact you to verify the information and decide whether it can assist. LSC lists Rhode Island Legal Services as its Rhode Island grantee. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in Rhode Island · Background guide
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.