Rhode Island’s statute of limitations for workers’ compensation claims is generally two years. If you miss this deadline, you may lose your right to receive workers’ compensation for your work-related injuries. There are, however, certain exceptions that may delay the start of the limitations period.
Regardless of the deadline for claims, you should report your injuries to your employer as soon as possible so you can prove your injuries are work-related. Our heavy-hitting Rhode Island workers’ compensation lawyers can explain the deadlines in your case and file your claim on time.
When To Report the Injury to Your Employer
Under Rhode Island Law, you must report your injury to your employer within 30 days. However, you should report your injury immediately or as soon as you determine it is work-related, even if it seems minor. If you wait too long, you may have difficulty proving your injury occurred at work.
If you report the injury after it has started to heal, you may struggle to prove it was severe enough to keep you from working. This could result in the denial of your claim.
The Deadline To File a Workers’ Compensation Lawsuit
You may have grounds to file a petition in the Rhode Island Workers’ Compensation Court if an insurer denies your claim, pays lower benefits than you deserve, stops your medical treatment too soon, or delays benefits.
The deadline for filing a workers’ compensation petition is generally two years from the date you suffered the injury or the date you first learned the injury was work-related. This deadline is imposed by a law known as the statute of limitations.
Statute of Limitations Exceptions
There are a few exceptions that can extend the statute of limitations, including the following:
- The Discovery Rule: If your injury is not immediately apparent, the two-year period commences when you discover or reasonably should have discovered your work-related injuries. This extension commonly comes into play if you have an occupational illness, a repetitive stress injury, or another latent injury.
- Pre-Existing Conditions: The statute of limitations begins to run on the date an injury is aggravated at work or the date you become aware that the aggravation occurred at work.
- Physical or mental incapacity: When a physical or mental condition prevents you from understanding your rights and managing your affairs, the statute of limitations is tolled, or paused, until you regain capacity. The two-year period would start on the date you gain capacity.
- Death: If your family member died of work-related injuries, the statute of limitations is two years from the date of death rather than the accident date.
You should not delay contacting a lawyer based on the assumption that you qualify for an exception. An experienced workers’ compensation attorney at Rob Levine Law can determine the exact deadline after reviewing your case.
How Long Do You Have To Appeal a Denied Claim?
If the Workers’ Compensation Court denies your claim or awards lower benefits than you expected, you can file an appeal with the appellate division, but you only have five business days from the date the court issued the ruling. You can request an extension of up to 30 days to file your appeal, but any extension granted will be at the sole discretion of the judge who issued the decree.
What Happens if a Deadline Is Missed?
If you wait too long to report your injury to your employer, the insurance company can argue that there is no longer enough evidence to prove your injury occurred at work. This can lead to your benefits being denied, even without a formal deadline.
If you miss any of the above workers’ compensation deadlines in Rhode Island, the court will likely dismiss your claim, and you will lose your opportunity to receive benefits.
With more than 25 years of experience, we are focused on advocating for those in need. We can advise you on how the deadlines apply to your case, help you through every step of the Rhode Island workers’ compensation claim process, and timely file your claim or appeal.
Win or No Fee™, that’s the Fee Free Guarantee®. Contact us online today or call (800) 742-3920 for a free consultation.
