Rhode Island Workers' Compensation: Deadlines, Benefits and How to File
Rhode Island workers' comp rules: who must carry it, deadlines to report and file, weekly benefit rate and maximum, choosing a doctor, appeals and retaliation.
Quick answers for Rhode Island
- Deadline to report the injury
- Report the injury to your employer immediately, or as soon as you realize it is work-related. No proceeding for compensation can be maintained unless notice of the injury is given to the employer within 30 days after the injury happens or appears. R.I. Gen. Laws §§ 28-33-30, 28-33-31; DLT FAQ
- 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). R.I. Gen. Laws § 28-35-57
- Weekly benefit rate
- For injuries on or after Jan. 1, 2022, total disability benefits are 62% of the worker's average weekly wage; for earlier injuries, 75% of average weekly spendable base wages. The maximum is 125% of the state average weekly wage. R.I. Gen. Laws § 28-33-17; DLT FAQ
- Maximum weekly benefit
- The maximum weekly compensation rate is $1,691 for injuries on or after Oct. 1, 2026 (it was $1,622 from Oct. 1, 2025). No minimum weekly rate is listed on the Department of Labor and Training's rate page. DLT, Maximum Compensation Rates; R.I. Gen. Laws § 28-33-17
Last verified: 2026-10-27
Coverage and deadlines
| Which employers must carry it | Every person, firm and private or public service corporation (including the State) that regularly employs employees in the same business is subject to the law; the Department of Labor and Training says employers with one or more employees must carry workers' compensation insurance. Domestic servants and farm laborers are generally not covered, although farm employers with 25 or more farm workers for 13 consecutive weeks are covered unless they provide qualifying health and disability insurance. Sole proprietors, partners, independent contractors and certain real estate workers are not covered; municipal employees are covered only if the city or town has accepted coverage. DLT FAQ: https://dlt.ri.gov/workers-compensation/frequently-asked-questions |
|---|---|
| Deadline to report the injury | Report the injury to your employer immediately, or as soon as you realize it is work-related. No proceeding for compensation can be maintained unless notice of the injury is given to the employer within 30 days after the injury happens or appears. The notice must state, in ordinary language, the nature, time, place and cause of the injury and the injured person's name and address, and be signed by or for the injured person. |
| 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 |
| Waiting period | No weekly benefits are paid for an injury that does not keep the worker from earning full wages for at least three days. If the incapacity lasts longer than three days, compensation begins on the fourth day after the injury. |
Benefits
| Weekly benefit rate | For injuries on or after Jan. 1, 2022, total disability benefits are 62% of the worker's average weekly wage; for earlier injuries, 75% of average weekly spendable base wages. The maximum is 125% of the state average weekly wage. A dependency allowance of $25 per dependent per week is paid for total disability (none for partial disability). |
|---|---|
| Maximum weekly benefit | The maximum weekly compensation rate is $1,691 for injuries on or after Oct. 1, 2026 (it was $1,622 from Oct. 1, 2025). No minimum weekly rate is listed on the Department of Labor and Training's rate page. |
| How long benefits last | Total incapacity benefits have no fixed week limit in the statute. Partial incapacity benefits are limited to 312 weeks; weeks paid for total incapacity do not count toward that period. At least 26 weeks before the 312 weeks end, the employer or insurer must notify the worker and the director of its intent to stop benefits and of the worker's right to ask for continuation. The worker may petition the Workers' Compensation Court, and partial benefits continue if the worker shows that the partial incapacity is a material hindrance to getting suitable work. Partial benefits are reduced once the worker reaches maximum medical improvement (§ 28-33-18(b)). |
| Permanent disability | Rhode Island pays total and partial incapacity benefits by the week; once the worker reaches maximum medical improvement, the Workers' Compensation Court may reduce the rate. For specified permanent injuries (such as loss of a hand, arm, leg, eye or sight, and loss of use), an additional award is paid: one-half of the worker's average weekly earnings, for injuries on or after Jan. 1, 2012 between $90 and $180 per week, for the number of weeks listed in the statute, normally as a one-time payment. |
| Death benefits | If a work injury causes death, wholly dependent survivors receive weekly payments at the rate the worker would have received for total incapacity. A surviving spouse receives that rate plus $40 per week for each dependent child; after the spouse remarries or dies, benefits go to the dependent children. Partial dependents receive the average weekly amount the worker contributed to them, up to the full rate. The employer also pays $20,000 for burial expenses. |
Doctors, filing, settlements and appeals
| Choosing a doctor | The worker initially chooses any qualified health care provider; an emergency room visit or a first visit to a company or insurer-contracted provider does not count as that choice. The first provider can refer the worker to specialists without prior approval. To change doctors after that, if the insurer or self-insured employer has an approved preferred-provider network, the worker must choose from that network or get the insurer's approval; if there is no approved list, these restrictions do not apply. |
|---|---|
| How to file | Notify your employer of the injury; your employer notifies its insurer, which files the First Report of Injury with the Division of Workers' Compensation (the employer must report within 10 days of the injury or knowledge of it). The insurer may accept liability with a Memorandum of Agreement or pay for up to 13 weeks without accepting liability under a Non-Prejudicial Agreement. If you have no notice from the insurer within 21 days of notifying the employer, or benefits stop, you may file a petition with the Workers' Compensation Court. DLT's Education Unit answers questions at (401) 462-8100. |
| Settlements | Yes. The parties may petition the Workers' Compensation Court to approve a settlement of future liability for a lump sum or structured periodic payments. A judge may grant it if the lump sum is shown to be in the best interest of all parties, keeping in mind the law's policy that compensation be paid weekly; the chief judge may reject a proposed settlement worth more than 104 weeks of partial incapacity compensation. The settlement must be placed on the record in open session, and an insured employer must have been told of the possible effect on its premium and given a chance to object. On payment, the employer and insurer receive a full release. The employee's attorney fee is set by the court and capped at 20 percent. Source: R.I. Gen. Laws § 28-33-25 |
| Appealing a denial | Disputes are decided by a trial judge of the Workers' Compensation Court on a petition. 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. A three-judge appellate panel reviews the decree. Further review by the Rhode Island Supreme Court is available under the statute. |
| 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 |
| Retaliation for filing | Rhode Island gives injured workers a right to be reinstated to their former job on written demand if it exists and they can do it with reasonable accommodation, even if a replacement was hired, or to another vacant suitable job. The right ends in certain situations (for example, if the worker does not request reinstatement within 10 days of being notified of a medical release) and does not apply to temporary, seasonal or probationary workers, hiring-hall workers, or employers with nine or fewer workers. Any violation is an unlawful employment practice. |
| Filing or checking 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. |
| Lawyer fees in comp cases | 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 |
Lawsuits and uninsured employers
| Suing 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 |
| If your employer has no workers' comp | If the employer failed to carry required coverage, the injured worker may choose either workers' compensation from the employer or a lawsuit for damages as if the workers' comp law did not apply, and must give the employer written notice of that choice within 90 days after the injury. The Uninsured Protection Fund can pay incapacity benefits (but not medical expenses or loss-of-function and disfigurement benefits) for injuries on or after September 1, 2019; a petition against the Fund must be accompanied or preceded by a timely petition against the uninsured employer. Knowingly failing to secure coverage is a felony (up to two years) with civil fines up to $1,000 per day, and corporate officers can be personally liable for benefits. Fund: https://webserver.rilegislature.gov/Statutes/TITLE28/28-53/28-53-7.htm ; penalties: https://webserver.rilegislature.gov/Statutes/TITLE28/28-36/28-36-15.htm |
Where to get help in Rhode Island
Workers' Compensation FAQ
Which employers must have workers' comp in Rhode Island?
Every person, firm and private or public service corporation (including the State) that regularly employs employees in the same business is subject to the law; the Department of Labor and Training says employers with one or more employees must carry workers' compensation insurance. Domestic servants and farm laborers are generally not covered, although farm employers with 25 or more farm workers for 13 consecutive weeks are covered unless they provide qualifying health and disability insurance. Sole proprietors, partners, independent contractors and certain real estate workers are not covered; municipal employees are covered only if the city or town has accepted coverage.
How long do you have to report a work injury in Rhode Island?
Report the injury to your employer immediately, or as soon as you realize it is work-related. No proceeding for compensation can be maintained unless notice of the injury is given to the employer within 30 days after the injury happens or appears. The notice must state, in ordinary language, the nature, time, place and cause of the injury and the injured person's name and address, and be signed by or for the injured person.
What is the deadline to file a workers' comp claim in Rhode Island?
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.
Is there a waiting period for workers' comp in Rhode Island?
No weekly benefits are paid for an injury that does not keep the worker from earning full wages for at least three days. If the incapacity lasts longer than three days, compensation begins on the fourth day after the injury.
How much does workers' comp pay in Rhode Island?
For injuries on or after Jan. 1, 2022, total disability benefits are 62% of the worker's average weekly wage; for earlier injuries, 75% of average weekly spendable base wages. The maximum is 125% of the state average weekly wage. A dependency allowance of $25 per dependent per week is paid for total disability (none for partial disability).
What is the maximum workers' comp benefit in Rhode Island?
The maximum weekly compensation rate is $1,691 for injuries on or after Oct. 1, 2026 (it was $1,622 from Oct. 1, 2025). No minimum weekly rate is listed on the Department of Labor and Training's rate page.
Can you choose your own doctor for workers' comp in Rhode Island?
The worker initially chooses any qualified health care provider; an emergency room visit or a first visit to a company or insurer-contracted provider does not count as that choice. The first provider can refer the worker to specialists without prior approval. To change doctors after that, if the insurer or self-insured employer has an approved preferred-provider network, the worker must choose from that network or get the insurer's approval; if there is no approved list, these restrictions do not apply.
How does permanent disability work under workers' comp in Rhode Island?
Rhode Island pays total and partial incapacity benefits by the week; once the worker reaches maximum medical improvement, the Workers' Compensation Court may reduce the rate. For specified permanent injuries (such as loss of a hand, arm, leg, eye or sight, and loss of use), an additional award is paid: one-half of the worker's average weekly earnings, for injuries on or after Jan. 1, 2012 between $90 and $180 per week, for the number of weeks listed in the statute, normally as a one-time payment.
What workers' comp death benefits are available in Rhode Island?
If a work injury causes death, wholly dependent survivors receive weekly payments at the rate the worker would have received for total incapacity. A surviving spouse receives that rate plus $40 per week for each dependent child; after the spouse remarries or dies, benefits go to the dependent children. Partial dependents receive the average weekly amount the worker contributed to them, up to the full rate. The employer also pays $20,000 for burial expenses.
How do you file a workers' comp claim in Rhode Island?
Notify your employer of the injury; your employer notifies its insurer, which files the First Report of Injury with the Division of Workers' Compensation (the employer must report within 10 days of the injury or knowledge of it). The insurer may accept liability with a Memorandum of Agreement or pay for up to 13 weeks without accepting liability under a Non-Prejudicial Agreement. If you have no notice from the insurer within 21 days of notifying the employer, or benefits stop, you may file a petition with the Workers' Compensation Court. DLT's Education Unit answers questions at (401) 462-8100.
How do you appeal a denied workers' comp claim in Rhode Island?
Disputes are decided by a trial judge of the Workers' Compensation Court on a petition. 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. A three-judge appellate panel reviews the decree. Further review by the Rhode Island Supreme Court is available under the statute.
Can you be fired for filing workers' comp in Rhode Island?
Rhode Island gives injured workers a right to be reinstated to their former job on written demand if it exists and they can do it with reasonable accommodation, even if a replacement was hired, or to another vacant suitable job. The right ends in certain situations (for example, if the worker does not request reinstatement within 10 days of being notified of a medical release) and does not apply to temporary, seasonal or probationary workers, hiring-hall workers, or employers with nine or fewer workers. Any violation is an unlawful employment practice.
How long can you receive workers' comp in Rhode Island?
Total incapacity benefits have no fixed week limit in the statute. Partial incapacity benefits are limited to 312 weeks; weeks paid for total incapacity do not count toward that period. At least 26 weeks before the 312 weeks end, the employer or insurer must notify the worker and the director of its intent to stop benefits and of the worker's right to ask for continuation. The worker may petition the Workers' Compensation Court, and partial benefits continue if the worker shows that the partial incapacity is a material hindrance to getting suitable work.
How do workers' comp settlements work in Rhode Island?
Yes. The parties may petition the Workers' Compensation Court to approve a settlement of future liability for a lump sum or structured periodic payments. A judge may grant it if the lump sum is shown to be in the best interest of all parties, keeping in mind the law's policy that compensation be paid weekly; the chief judge may reject a proposed settlement worth more than 104 weeks of partial incapacity compensation. The settlement must be placed on the record in open session, and an insured employer must have been told of the possible effect on its premium and given a chance to object. On payment, the employer and insurer receive a full release. The employee's attorney fee is set by the court and capped at 20 percent.
How do I file or check a workers' comp claim online in Rhode Island?
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.
How much can a workers' comp lawyer charge in Rhode Island?
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.
Can you sue your employer for a work injury in Rhode Island?
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.
Can you sue a third party for a work injury in Rhode Island?
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.
What if my employer doesn't have workers' comp insurance in Rhode Island?
If the employer failed to carry required coverage, the injured worker may choose either workers' compensation from the employer or a lawsuit for damages as if the workers' comp law did not apply, and must give the employer written notice of that choice within 90 days after the injury. The Uninsured Protection Fund can pay incapacity benefits (but not medical expenses or loss-of-function and disfigurement benefits) for injuries on or after September 1, 2019; a petition against the Fund must be accompanied or preceded by a timely petition against the uninsured employer. Knowingly failing to secure coverage is a felony (up to two years) with civil fines up to $1,000 per day, and corporate officers can be personally liable for benefits.
How long do you have to appeal a denied workers' comp claim in Rhode Island?
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.
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