Filing a Workers' Comp Claim in Rhode Island
The deadlines to report a work injury and file a claim in Rhode Island, how to file, and how to appeal a denial.
Short answer: 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 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. |
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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 |
| 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. |
| 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. |
| 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. |
Where to get help in Rhode Island
More Rhode Island workers' compensation
- 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
- Appealing a Denied Workers' Comp Claim in Rhode Island
- All Rhode Island workers' compensation rules
FAQ
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.
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.
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.
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.