At Audette, Audette & Violette, LLC, our team of Providence workers’ compensation lawyers has over 100 years of combined experience fighting for injured workers across Providence, East Providence, Cranston, Warwick, Pawtucket, and throughout RI. We offer a free consultation and handle all workers’ comp cases on a contingency fee basis — you pay nothing unless we win.
Workers’ compensation covers any injury or illness caused by your job — including accidents, repetitive stress injuries, and occupational diseases. In Rhode Island, most employers with one or more employees are required by law to carry workers’ compensation insurance. If you are injured on the job, you are entitled to benefits that cover your medical expenses and replace a portion of your lost wages while you recover.
Unfortunately, claiming your rightful benefits is not always easy. Sometimes employers refuse to submit a claim or the insurance company unfairly denies benefits. You may even be pressured to accept a settlement for far less than what your claim is actually worth. Our attorneys have recovered millions for Rhode Island workers — including a $31.5 million verdict — and we know how to fight back.
Get a free consultation with a Providence workers’ compensation lawyer at Audette, Audette & Violette. Call (401) 490-0220. Se habla español. Nós Falamos Português. Read our client reviews to see why injured workers across Rhode Island trust our firm.
What Is Workers’ Compensation in Rhode Island?
Workers’ compensation in Rhode Island is a state-mandated insurance program that provides medical benefits, wage replacement, and rehabilitation support to employees who are injured or become ill as a result of their job. Under RI Gen. Laws § 28-29, nearly all Rhode Island employers with at least one employee are required to carry workers’ comp insurance.
Workers’ compensation is a no-fault system — meaning you do not need to prove your employer was negligent to receive benefits. You simply need to show that your injury or illness arose out of, and in the course of, your employment.
What Injuries Qualify for Workers’ Comp in Rhode Island?
In Rhode Island, workers’ compensation covers any injury or illness that arises out of and in the course of your employment — including sudden accidents, repetitive stress conditions, occupational diseases, and injuries that develop gradually over time.
Among the most common work injuries suffered by workers’ compensation claimants, we find:
- Slip and Fall Injuries: These commonly occur due to wet floors, loose carpets, or cluttered walkways. They can lead to various injuries, including sprains, fractures, concussions, and even more severe conditions like spinal cord damage.
- Repetitive Strain Injuries (RSI): These are injuries developed over time due to repetitive motion, such as carpal tunnel syndrome or tendonitis. RSIs often affect workers who perform the same action repetitively in their jobs.
- Vehicle Accidents: Employees who drive for work-related duties often suffer injuries from vehicle accidents, which can range from minor bruises to serious injuries like broken bones or traumatic brain injuries.
- Machinery Accidents: These occur when a worker is injured by a machine at the workplace, often leading to severe injuries.
- Overexertion Injuries: These injuries occur when a worker strains themselves by lifting, pulling, pushing, or carrying heavy objects.
- Fall from Height Injuries: These injuries occur when a worker falls from a ladder, roof, scaffold, or any elevated work area.
- Chemical Exposure: Workers in certain industries might suffer injuries or illnesses due to exposure to harmful chemicals.
- Workplace Violence: Injuries can also result from acts of violence or harassment in the workplace.
What Workers’ Compensation Benefits Are Available in Rhode Island?
Rhode Island workers’ compensation benefits include full medical coverage, temporary and permanent disability payments, vocational rehabilitation, disfigurement benefits, and death benefits for surviving dependents. These benefits are governed by RI Gen. Laws § 28-33 and are calculated using state-established formulas.
- Medical Benefits: Once awarded, full medical benefits come with no time or monetary limitations. This includes coverage for specific medical procedures and services provided by medical professionals, such as surgeons, physicians, registered nurses, and more. Additionally, medical benefits can cover costs for anesthesia, pathology, chiropractic services, and radiology, among others.
- Rehabilitation Benefits: Rhode Island workers’ comp provides rehabilitation services aimed at restoring you as close as possible to your pre-injury status. These services encompass medical, vocational, re-employment, and spiritual treatments. Medical restorative services range from surgery, hospital nursing care, and physical therapy to psychological services, orthotics, and prosthesis.
- Disability Benefits: If you’re unable to return to your job due to a medical finding, disability benefits are available. “Total disability” indicates an inability to earn a living, while “partial disability” means you can’t resume your previous work or earn an equal amount due to the injury. Disability benefits include Temporary Total Disability (TTD) for continuous capped payments, Permanent Total Disability (PTD) with capped payments, and Permanent Partial Disability (PPD) that can continue for up to 312 weeks.
- Disfigurement Benefits: Permanent bodily disfigurement is covered by Rhode Island workers’ compensation, with benefits calculated based on your pre-injury salary and payable for up to 500 weeks.
- Death Benefits: In case of a workplace-related death, surviving dependents may receive death benefits. The amount is determined by the deceased worker’s salary and a cost-of-living allowance (COLA). The surviving spouse receives the benefit, and if dependent children are present, an additional amount per child is added. However, if the spouse remarries without dependent children, the benefit ceases.
Please note that these benefits may be subject to changes in Rhode Island workers’ compensation law. For personalized advice and assistance in navigating these benefits, consult a knowledgeable Providence workers’ compensation attorney.
How to File a Workers’ Compensation Claim in Rhode Island
Filing a workers’ compensation claim in Rhode Island involves several steps with strict deadlines. Here is what to do after a workplace injury:
- Report your injury to your employer immediately. Rhode Island law requires you to report your injury within 30 days of the accident or onset of illness (RI Gen. Laws § 28-29-10). Failing to report promptly can jeopardize your claim.
- Seek medical treatment. Get care from a physician right away. Your employer or their insurer may initially direct you to a specific provider — follow this process while preserving your rights to seek a second opinion.
- Your employer files a First Report of Injury (FROI). Your employer is required to submit this report to their workers’ compensation insurer after being notified of your injury.
- The insurer has 21 days to accept or deny your claim. If accepted, benefits begin. If denied, you have the right to challenge the decision.
- If denied, file a Petition with the Rhode Island Workers’ Compensation Court. Claims are heard at the Rhode Island Workers’ Compensation Court, located at 1 Dorrance Plaza, Providence, RI 02903.
- Contact an attorney at any step. You do not have to wait for a denial to call us. Having an attorney from the start ensures your claim is properly documented and your rights are protected.
Important: You have two years from the date of your injury to file a workers’ compensation petition in Rhode Island (RI Gen. Laws § 28-33-17). Do not wait.
Can I Sue My Employer for a Work Injury in Rhode Island?
In most cases, no — workers’ compensation is your exclusive legal remedy against your employer for a workplace injury under Rhode Island law (RI Gen. Laws § 28-29-20). This means you generally cannot file a personal injury lawsuit directly against your employer, even if their negligence caused your injury.
However, there are important exceptions:
- Intentional Harm: If your employer deliberately caused your injury, you may be able to pursue a civil lawsuit outside the workers’ comp system.
- Third-Party Claims: If someone other than your employer — such as a contractor, equipment manufacturer, or negligent driver — caused your injury, you may file a separate personal injury claim against that third party while also collecting workers’ comp benefits. Our personal injury attorneys can evaluate whether a third-party claim applies to your situation.
- Uninsured Employers: If your employer does not carry required workers’ compensation insurance, you can file a claim with Rhode Island’s Uninsured Employers’ Fund and may also have additional legal options.
Not sure whether you have a workers’ comp claim, a personal injury claim, or both? Call (401) 490-0220 for a free case review. Our attorneys will identify every available avenue of recovery.
What Does a Rhode Island Workers’ Compensation Attorney Do?
A Rhode Island workers’ compensation attorney helps you at every stage of the claims process — from filing your initial claim to appealing a denial and representing you before the Rhode Island Workers’ Compensation Court.
Specifically, our attorneys at Audette, Audette & Violette, LLC:
- Help you file your claim correctly and completely from the start
- Gather and preserve medical evidence to support your case
- Negotiate with the insurer on your behalf for fair medical and disability benefits
- Challenge unfair denials and dispute inadequate disability ratings
- Represent you at hearings before the Rhode Island Workers’ Compensation Court
- Identify third-party personal injury claims that may apply to your situation
- Calculate the full long-term value of your claim — including future medical costs and lost earning capacity
Our workers’ comp attorneys work on a contingency fee basis — you pay nothing unless we win your case.
Should I Hire a Workers’ Compensation Lawyer in Rhode Island?
Rhode Island workers’ compensation law gives you two years from the date of your injury to file a petition with the Workers’ Compensation Court (RI Gen. Laws § 28-33-17). Acting quickly protects your rights and ensures important evidence is preserved.
You should strongly consider hiring a workers’ compensation attorney if any of the following apply to you:
- Your claim is denied
- You have trouble getting the treatment you need
- Your permanent disability rating is disputed
- You ability to work has been affected
- You are having a worker’s comp hearing
If any of the above situations apply to you, you may benefit from the expertise of a worker’s compensation attorney. The worker’s compensation attorneys at Audette, Audette & Violette have the experience to help you understand the complexities of your case and can walk you through each step of the workers’ comp process.
We Work With A Vast Network of Workplace Injury Professionals
Many factors need to be considered when determining the true value of your workers’ comp claim. One of the key things to keep in mind is that you need to think of more than your immediate medical expenses. A chronic illness or injury requires long-term care, which means your compensation will need to be adjusted based on your future estimated medical bills.
In order to determine this, we routinely work with highly respected physicians, neurosurgeons, orthopedists, neurologists, audiologists, chiropractors, radiologists, podiatrists, and therapists.
At Audette, Audette & Violette, LLC, we handle matters involving:
- Back Injuries
- Brain Injuries
- Catastrophic Injuries
- The Defense Base Act
- Hearing Loss
- Knee Injuries
- Longshoreman Injuries
- Mesothelioma
- Paraplegia & Quadriplegia
- Social Security Disability (SSDI)
- Supplemental Security Income (SSI)
In addition to medical professionals, our Rhode Island workers ‘compensation lawyers may also call on engineers, accident scene reconstructionists, economists, and vocational rehabilitation professionals to help us with proving liability and calculating the total value of medical care and lost wages.
Workers’ Compensation Frequently Asked Questions
This Workers’ Comp FAQ answers key questions —helping injured workers secure their entitled benefits.
I was injured at work but I’m still able to work. Am I entitled to workers’ comp benefits?
Yes. In Rhode Island, you can receive workers’ compensation benefits even if you are still able to work after your injury. If your injury results in partial disability — meaning you can still work but at reduced capacity or with limitations — you may be entitled to partial disability benefits to compensate for the difference in your earning ability. You are also entitled to full medical benefits for your injury regardless of whether you miss work.
Examples of injuries that may qualify even while working:
- Broken bones
- Torn tendons or ligaments
- Permanent scarring or disfigurement
- Repetitive stress injuries requiring ongoing treatment
What if I Am Injured During A Work Break?
If you are injured while on break at work, you may be eligible for workers’ compensation. In Rhode Island, employees are allowed to collect workers’ comp if they suffer injuries “in the course of employment”. Because this statement is broad, if the case can show that there is a link between employment and injury, the victim may be able to get workers’ compensation for lost wages or medical costs.
Other ways that an employee may receive workers’ compensation benefits:
- Suffering an injury while on the employer’s premises — an injury on a lunch break may be work-related if it happens in a break room
- Suffering an injury in close proximity to the job site — you may receive benefits if you were injured while arriving to your shift or after immediately leaving after your shift
- Suffering an injury at an event that is sponsored by your employer
What happens if my employer doesn’t have workers’ compensation insurance in Rhode Island?
If your employer fails to carry required workers’ compensation insurance, you are not left without options. Rhode Island maintains the Uninsured Employers’ Fund, which can provide workers’ comp benefits to employees of uninsured employers. You may also have additional legal options against an uninsured employer, including a civil lawsuit. Contact our attorneys immediately if you believe your employer is uninsured.
Can I choose my own doctor for a workers’ compensation injury in Rhode Island?
Initially, your employer or their insurer may direct you to a specific treating physician. However, Rhode Island workers’ comp law provides you with the right to seek a second opinion and, in many situations, to select your own physician after the initial treatment period. Our attorneys can advise you on your rights regarding medical treatment selection in your specific case.
How long do I have to file a workers’ compensation claim in Rhode Island?
You have two years from the date of your workplace injury to file a workers’ compensation petition with the Rhode Island Workers’ Compensation Court (RI Gen. Laws § 28-33-17). However, you must report the injury to your employer within 30 days. Waiting too long can jeopardize your claim — contact an attorney as soon as possible after your injury.
What if my workers’ comp claim is denied?
A denial is not the end of your claim. In Rhode Island, you have the right to appeal a denied workers’ comp claim by filing a Petition with the Rhode Island Workers’ Compensation Court at 1 Dorrance Plaza, Providence, RI 02903. Our attorneys regularly represent injured workers at these hearings and have a strong track record of reversing unfair denials.
Do I need a lawyer for a workers’ compensation claim in Rhode Island?
While you are not legally required to hire an attorney, having one significantly improves your chances of receiving full and fair benefits — especially if your claim is denied, your disability rating is disputed, or you have serious or long-term injuries.
If you were injured at your workplace or during a work-related event, reach out to the Rhode Island workers’ compensation attorneys at Audette, Audette & Violette, LLC. We’ll help you throughout your workers’ comp case to make sure that you are supported during this process.