Workers' comp claim denied in Rhode Island: what to do next

For questions about your rights, call the Department of Labor and Training, Division of Workers' Compensation at (401) 462-8100. To have a dispute decided, file a petition with the Workers' Compensation Court (filing fee $20).

Your employer's insurer, not the state, usually decides first. If they deny or delay, the free help listed here can explain your options.

Checked against official sources: October 31, 2026.

Deadlines are strict. If you are near one, call the state agency or free help today.

If your claim is denied or delayed in Rhode Island

Who decides: Rhode Island Workers' Compensation Court
First step: For questions about your rights, call the Department of Labor and Training, Division of Workers' Compensation at (401) 462-8100. To have a dispute decided, file a petition with the Workers' Compensation Court (filing fee $20). An attorney is not required; the Rhode Island Bar Association gives lawyer referrals at (401) 421-5740.
Deadline: A petition must be filed within 2 years after the injury or incapacity happened or first showed itself, unless weekly payments have started. After a pretrial order, a claim for trial is due within 5 days, and an appeal of a trial decree within 5 days (weekends and holidays not counted).
Medical disagreements: Medical disputes, including unpaid medical bills, go to the Workers' Compensation Court by petition. The court may appoint an impartial medical examiner, and your employer can require an examination by its doctor.
Appealing the decision: Appellate division of the Workers' Compensation Court (claim of appeal within 5 days of the decree), then the Rhode Island Supreme Court.

File a petition with the Workers' Compensation Court (not within 21 days of the injury; for other obligations, 21 days after a written demand to the employer or insurer).
The judge holds a mandatory informal pretrial conference, usually within about 21 days of filing, and issues a pretrial order granting or denying the request. Payments ordered are due within 14 days.
If you disagree with the pretrial order, file a claim for trial within 5 days (not counting weekends and holidays). Otherwise the order becomes a final decree.
The same judge holds a full trial and enters a decree.
Appeal a trial decree to the court's appellate division within 5 days of the decree (not counting weekends and holidays), then to the Rhode Island Supreme Court.

Law: R.I. Gen. Laws §§ 28-33-34, 28-33-35, 28-35-12, 28-35-20, 28-35-28, 28-35-32, 28-35-57

Source: courts.ri.gov

Sources

The official sources for Rhode Island are listed on the Rhode Island page.

National rules that may also matter

Not covered by state workers' comp?

These federal programs and laws cover some groups of workers instead of, or in addition to, state workers' compensation. If one of them may apply to you, check its rules and deadlines too. They are different from your state's.

Federal Employees' Compensation Act (FECA): Civilian employees of the federal government, including Postal Service employees. Official page

Longshore and Harbor Workers' Compensation Act (Longshore Act): Maritime workers such as longshore workers, harbor workers, ship repairers, shipbuilders and ship-breakers, hurt on navigable waters of the United States or on an adjoining pier, wharf, dry dock, terminal or other area used to load, unload, repair or build ships. Some groups are excluded. Official page
Longshore maximum and minimum for October 1, 2026 to September 30, 2027 (fiscal year 2027): maximum $2,163.92 a week, minimum $540.98 a week.

Law: 33 U.S.C. 906(b); DOL Longshore NAWW table

Defense Base Act: Civilian employees working outside the United States on U.S. military bases or under a contract with the U.S. government for public works or national defense. Claims are handled by the Longshore program. Official page

Federal Black Lung Program: Coal miners who are totally disabled by black lung disease (pneumoconiosis) from coal mine work, and survivors of miners whose deaths were caused by it. Official page

Energy Employees Occupational Illness Compensation Program: Current or former employees of the U.S. Department of Energy and its contractors and subcontractors, and certain uranium miners, millers and ore transporters, who became ill from toxic exposures such as radiation, beryllium or silica at covered work sites, and their survivors. The program is set up by the Energy Employees Occupational Illness Compensation Program Act (EEOICPA). Official page

Railroad workers (Federal Employers' Liability Act): Employees of railroads in interstate commerce. Instead of a workers' compensation claim, a federal law lets an injured railroad worker sue the railroad for damages caused by its negligence.

Seamen (Jones Act): A seaman injured in the course of employment may bring a lawsuit against the employer, with the right to a jury trial, under the same federal rules that apply to railroad workers.

National help

Your state workers' compensation agency answers questions about claims. Many have a free help line, an ombudsman or information officers for injured workers.

The Legal Services Corporation funds 129 nonprofit legal aid organizations in every state, D.C. and the territories. Enter your address on its website to find one near you. You can also look up legal information and free forms at LawHelp.org. Whether a local program handles workers' compensation cases varies.

LawHelp.org