Retaliation for Filing Workers' Comp in Rhode Island
Whether an employer in Rhode Island can fire or punish you for filing a workers' comp claim, and what you can do.
Short answer: 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. R.I. Gen. Laws § 28-33-47; DLT FAQ
| 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. |
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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. |
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
- Suing Over a Work Injury in Rhode Island
- Appealing a Denied Workers' Comp Claim in Rhode Island
- All Rhode Island workers' compensation rules
FAQ
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 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.
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.