Rhode Island insurers often pay first and decide later. Under a Non-Prejudicial Agreement, the insurer can pay you for up to 13 weeks without accepting the claim and it can stop at any time.
When it stops, the decision moves to the Workers' Compensation Court. You have two years from the injury to file a petition there, unless weekly checks have started. If the insurer sends no notice at all, you can file after 21 days.
Rhode Island's 62% weekly rate
For injuries from January 1, 2022, the weekly check is 62% of your average weekly wage. For injuries from October 1, 2026, the top weekly rate is $1,691.
Checks begin on the fourth day from the date of injury, if you are out at least 3 days. The DLT Education Unit can explain how your rate was figured at (401) 462-8100, press 1. Our pay estimator gives a quick figure too.
| Weekly check, injuries from January 1, 2022 | 62% of your average weekly wage |
|---|---|
| Weekly cap, injuries from October 1, 2026 | $1,691 |
| When checks start | on the fourth day from the date of injury, if you are out at least 3 days |
Rhode Island deadlines, from first report to appeal
- Tell your employer: within 30 days of the injury.
- File a petition with the Workers' Compensation Court: within two years of the injury, unless weekly checks have started.
- No word from the insurer: you can file after 21 days.
- Appeal a trial judge's decree to the Appellate Division: within 5 days, not counting weekends and holidays.
Five working days goes by quickly, so line up help before the decree issues.
When a Rhode Island insurer stops paying or says nothing
Two situations come up often. In the first, the insurer was paying under a Non-Prejudicial Agreement and then stopped. That is allowed, because the agreement never accepted the claim. Your remedy is a petition to the Workers' Compensation Court, filed within two years of the injury.
In the second, you reported the injury and the insurer never sent a notice either way. After 21 days of silence, you can file. In both cases the petition is what puts your claim in front of a judge. Our guide to stopped payments explains the usual reasons insurers give.
Picking your doctor in Rhode Island
You choose your first doctor. Later changes may have to be to a doctor in the insurer's approved network, so choose with care the first time.
Paying a Rhode Island workers comp lawyer
When you win a petition or beat an attempt to cut your benefits, the employer pays your counsel fees. Your attorney cannot take any other fee for a petition where fees were awarded.
Lump-sum settlements follow a different rule. The fee is no more than 20% of the lump sum. Our page on settlement offers covers what to weigh before you sign.
People also ask
What is a Non-Prejudicial Agreement?
It lets the insurer pay you for up to 13 weeks without admitting the claim and stop at any time. After it ends, you still have two years from the injury to ask the Workers' Compensation Court to decide if the insurer is liable.
Who can I call at the state with questions?
The Department of Labor and Training, Division of Workers' Compensation, at 401-462-8100.