The Rhode Island workers compensation act — formally the Rhode Island Workers’ Compensation Act (R.I. Gen. Laws chapters 28-29 through 28-38), found at Rhode Island General Laws Title 28, Chapters 28-29 to 28-38 (plus Chapter 28-53, the Uninsured Protection Fund) — is the statute behind every workers’ comp claim, benefit and employer mandate in the state.
This plain-English guide to the Rhode Island workers compensation act gives the section numbers next to the rules people actually need: who must be covered, the deadlines, the waiting period, the pay rate, the exclusive-remedy bargain, the ban on retaliation and the penalties. Verified against the official code as of October 2026.
Rhode Island at a Glance
| Official name | Workers’ Compensation Act (R.I. Gen. Laws chapters 28-29 through 28-38) |
| Where it lives | Rhode Island General Laws Title 28, Chapters 28-29 to 28-38 (plus Chapter 28-53, the Uninsured Protection Fund) |
| Reporting deadline | 30 days after the injury happens or first appears — R.I. Gen. Laws § 28-33-30 |
| Filing deadline | 2 years after the injury or incapacity happens or first appears (for latent or undiscovered injuries, from when the worker knew or should have known it was work-related) — R.I. Gen. Laws § 28-35-57 |
| Exclusive remedy | R.I. Gen. Laws § 28-29-20 — workers’ comp replaces common-law claims against the employer and its directors, officers, agents and employees. Main exceptions: lawsuits against third parties are still allowed, and under § 28-29-17 a worker can keep common-law rights by giving written notice at hire and filing a copy with the director within 10 days |
In This Rhode Island Guide:
What the Rhode Island Workers Compensation Act Is
A workers’ compensation act is a no-fault deal written into state law: the employer pays for work injuries without the worker proving fault, and the worker gives up most lawsuits against the employer in return. It lives at Rhode Island General Laws Title 28, Chapters 28-29 to 28-38 (plus Chapter 28-53, the Uninsured Protection Fund), and the official text is linked in the sources.
Under § 28-29-17, an employee can opt out and keep common-law rights by giving the employer written notice at hire and filing a copy with the DLT director within 10 days (DLT Form DWC-11, which must be notarized). Unless the employee revokes it by notice at least 60 days before a yearly term ends, the waiver of common-law rights renews each year.
The total-incapacity rate in § 28-33-17 changed from 75% of spendable wages to 62% of gross base wages for injuries on or after January 1, 2022. Confirm details with DLT and a licensed attorney.
Who the Rhode Island Workers Compensation Act Covers
R.I. Gen. Laws § 28-29-6 — employers with one or more employees must carry coverage (insurance requirements are in Chapter 28-36) R.I. Gen. Laws § 28-29-7 — domestic service and agricultural workers (each subject to conditions in the statute) are excluded, along with certain other exempt categories such as sole proprietors and some business owners/officers
Deadlines in the Rhode Island Workers Compensation Act
Waiting period: R.I. Gen. Laws § 28-33-4 — 3 days; if the incapacity lasts longer than 3 days, compensation begins on the 4th day. Wage-loss rate: R.I. Gen.
Laws § 28-33-17 — 62% of average weekly base wages for injuries on or after January 1, 2022 (75% of average weekly spendable wages for injuries on or before December 31, 2021); the weekly maximum is tied to the state average weekly wage and changes every year, so confirm the current figure with DLT.
Rhode Island Workers Compensation Act: Key Sections at a Glance
The sections of the Rhode Island workers compensation act that decide most cases, each with its citation:
| Coverage mandate | R.I. Gen. Laws § 28-29-6 — employers with one or more employees must carry coverage (insurance requirements are in Chapter 28-36) |
| Exemptions | R.I. Gen. Laws § 28-29-7 — domestic service and agricultural workers (each subject to conditions in the statute) are excluded, along with certain other exempt categories such as sole proprietors and some business owners/officers |
| Report an injury | 30 days after the injury happens or first appears — R.I. Gen. Laws § 28-33-30 |
| File a claim | 2 years after the injury or incapacity happens or first appears (for latent or undiscovered injuries, from when the worker knew or should have known it was work-related) — R.I. Gen. Laws § 28-35-57 |
| Waiting period | R.I. Gen. Laws § 28-33-4 — 3 days; if the incapacity lasts longer than 3 days, compensation begins on the 4th day |
| Wage-loss rate | R.I. Gen. Laws § 28-33-17 — 62% of average weekly base wages for injuries on or after January 1, 2022 (75% of average weekly spendable wages for injuries on or before December 31, 2021); the weekly maximum is tied to the state average weekly wage and changes every year, so confirm the current figure with DLT |
| Exclusive remedy | R.I. Gen. Laws § 28-29-20 — workers’ comp replaces common-law claims against the employer and its directors, officers, agents and employees. Main exceptions: lawsuits against third parties are still allowed, and under § 28-29-17 a worker can keep common-law rights by giving written notice at hire and filing a copy with the director within 10 days |
| Who hears disputes | R.I. Gen. Laws § 28-30-1 — the Rhode Island Workers’ Compensation Court (a chief judge and 9 associate judges) hears disputes under chapters 28-29 to 28-38 and 28-53; procedures are in Chapters 28-33 and 28-35 |
The Exclusive-Remedy Bargain in the Rhode Island Workers Compensation Act
R.I. Gen. Laws § 28-29-20 — workers’ comp replaces common-law claims against the employer and its directors, officers, agents and employees. Main exceptions: lawsuits against third parties are still allowed, and under § 28-29-17 a worker can keep common-law rights by giving written notice at hire and filing a copy with the director within 10 days
Retaliation and Penalties Under the Rhode Island Workers Compensation Act
The Rhode Island workers compensation act bars an employer from firing, demoting or punishing a worker for filing a claim; the remedy is a separate lawsuit or an agency complaint, with reinstatement and back pay available. The penalty section covers employers who go without required coverage: fines, stop-work orders and, in many states, criminal exposure. R.I. Gen.
Laws § 28-30-1 — the Rhode Island Workers’ Compensation Court (a chief judge and 9 associate judges) hears disputes under chapters 28-29 to 28-38 and 28-53; procedures are in Chapters 28-33 and 28-35
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Recent Amendments to the Rhode Island Workers Compensation Act
No amendment to the Rhode Island workers compensation act effective in 2024, 2025 or 2026 was identified in the official code at verification time. Benefit maximums still change every year under the existing sections.
How to Read the Rhode Island Workers Compensation Act
Statute pages are written for lawyers, so read the Rhode Island workers compensation act in this order: the definitions section (who is an employee), the coverage section, then the specific section for your question, using the citations above. The official code is the source; the summaries on legal-information sites are not.
If a section of the Rhode Island workers compensation act seems to conflict with what an insurer told you, the section wins — and the state agency’s information line can confirm it for free.
Applying the act: the Rhode Island claim guide turns these sections into steps and dates, and the Rhode Island requirements guide covers the employer side.
Frequently Asked Questions
Where is the Rhode Island workers compensation act in the code?
Rhode Island General Laws Title 28, Chapters 28-29 to 28-38 (plus Chapter 28-53, the Uninsured Protection Fund). The sources below link to the official text.
How long do I have to report a work injury under the Rhode Island act?
30 days after the injury happens or first appears — R.I. Gen. Laws § 28-33-30. Report in writing as soon as possible either way.
Can I sue my employer instead of using the Rhode Island workers compensation act?
Usually not — the exclusive-remedy section bars most lawsuits against a covered employer. Claims against third parties, and against an uninsured employer, are the common exceptions.
Official Rhode Island Sources & Resources
- Rhode Island Rhode Island Department of Labor and Training (DLT), Division of Workers’ Compensation; disputes go to the Rhode Island Workers’ Compensation Court: https://dlt.ri.gov/workers-compensation
- Rhode Island Workers’ Comp Statute: https://webserver.rilegislature.gov/Statutes/TITLE28/28-29/28-29-20.htm
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This Rhode Island workers compensation act guide was last verified against official Rhode Island sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
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Disclaimer: This guide is informational only and is not legal, medical, or financial advice. Workers Comp Explained is an independent educational resource, not a law firm or insurer. Workers’ comp benefits, settlement values, deadlines, and requirements vary by state and by the specific facts of your injury and change over time, and any settlement figures here are illustrative only.
Confirm your rights and any deadline with your state’s workers’ compensation board and a licensed attorney before you act.