Appealing a Denied Workers' Comp Claim in Rhode Island
The deadline to challenge a denied workers' comp claim in Rhode Island, where to file, and the steps from hearing to appeal.
Short answer: 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). R.I. Gen. Laws §§ 28-35-57, 28-35-28
| 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 |
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| 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 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 |
Where to get help in Rhode Island
More Rhode Island workers' compensation
- Filing a Workers' Comp Claim in Rhode Island
- How Much Workers' Comp Pays in Rhode Island
- Workers' Comp Settlements in Rhode Island
- Retaliation for Filing Workers' Comp in Rhode Island
- Suing Over a Work Injury in Rhode Island
- All Rhode Island workers' compensation rules
FAQ
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.
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.
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.
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.