Rhode Island Workers' Compensation Settlement Calculator
Estimate Rhode Island workers' comp — Dedicated WC Court, 62% AWW Formula, $90-180/wk Injury Schedule
Rhode Island workers' compensation claims are governed by R.I. Gen. Laws § 28-33-17 (Weekly Compensation for Total Incapacity): 62% of gross average weekly wage for injuries on/after 1/1/2022, capped at 125% of state AWW = $1,622/wk (10/1/2025-9/30/2026). Of the 4 landmark Rhode Island workers' compensation awards documented on this page, the largest is $500K (Workers' comp case -- slip and fall on ice while reporting for work, multiple surgeries, liability highly contested; 2016).
⚓ RHODE ISLAND: Dedicated WC Court | 62% AWW Formula | $90-180/wk Injury Schedule
Your Injury
Your Estimated Settlement
$6,000 — $6,000
Pain and suffering = $15,000 in medical bills × 0.0 severity multiplier. Your bills are already included in that figure, so they are not added again.
Workers' compensation is a no-fault system: your benefits are not reduced because you were partly or fully responsible for the accident.
Workers' compensation does not pay pain and suffering. Unlike a personal injury claim, it covers medical treatment and a portion of your lost wages only — so no pain-and-suffering amount is included above.
This figure does not include a permanent impairment award. If your injury leaves lasting limitations, most states add a separate payment based on a doctor's impairment rating and a statutory schedule.
If someone other than your employer caused the injury — a subcontractor, a driver, a defective machine — you may also have a separate personal injury claim against that party, and that claim can include pain and suffering.
Keep this estimate — it is gone when you close the tab.
Workers' Compensation Wage Benchmark — New York State claims only
Across New York State claims only, this benchmark is based on 5,586,588 real payments totaling $139.7B from official New York State workers' comp claims.
Average
$25K
Median
$20K
25th %ile
$13K
90th %ile
$44K
Source: New York State Workers' Compensation Board (via data.ny.gov). These figures come from New York State claims only and do not describe benefit levels in other states. Actual payouts may vary based on individual circumstances.
Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology
Reviewed by Leonard Goldberg, Editor
Rhode Island Workers' Compensation Law
Rhode Island workers' compensation benefits is governed by R.I. Gen. Laws § 28-33-17 (Weekly Compensation for Total Incapacity): for injuries on or after January 1, 2022, benefits equal 62% of the injured worker's gross average weekly wage, capped at 125% of the state average weekly wage — $1,622/week for the rate year running October 1, 2025 through September 30, 2026. Workers with dependents receive an additional $25/week per wholly-dependent person (as of January 1, 2025), not to exceed 80% of average weekly wage. After 52 weeks of total incapacity, benefits get an annual cost-of-living adjustment each May 10 — 2.2% effective May 10, 2026.
Partial incapacity (§ 28-33-18) pays 62% of the difference between pre-injury and post-injury average weekly wages, capped at the same maximum rate, for up to 312 weeks. Once a worker reaches maximum medical improvement, the rate drops to 70% of the calculated amount. Employers must give written notice at least 26 weeks before the 312-week cutoff; workers can then petition to continue benefits under § 28-33-18.3.
Specific injuries — permanent loss of a body part — are compensated separately under § 28-33-19: a weekly payment equal to half of average weekly earnings, but never less than $90 nor more than $180/week for injuries on or after January 1, 2012 (this floor/ceiling hasn't changed since). Rhode Island assigns a fixed number of weeks per body part — for example, 244 weeks for loss of a hand at the wrist, 205 weeks for a foot, and 312 weeks for catastrophic losses like both hands or both legs — paid separately from wage-loss benefits.
Key Rhode Island Workers' Compensation Statutes
Rhode Island workers' compensation benefits operates under these critical legal rules:
R.I. Gen. Laws § 28-33-17
Weekly Compensation for Total IncapacityStandard: 62% of gross average weekly wage for injuries on/after 1/1/2022, capped at 125% of state AWW = $1,622/wk (10/1/2025-9/30/2026)
Scope: Pre-1/1/2022 injuries used 75% of 'spendable base wage' instead. Dependent allowance: $25/wk per wholly-dependent person (as of 1/1/2025), not exceeding 80% of AWW. After 52 weeks of total incapacity, benefits get an annual CPI-based COLA each May 10 -- 2.2% effective 5/10/2026. Presumed-permanent-total cases: complete blindness, loss of both feet/hands, loss of one hand + one foot, complete paralysis, incurable insanity from skull injury.
R.I. Gen. Laws § 28-33-18 / § 28-33-18.3
Weekly Compensation for Partial IncapacityStandard: 62% of the difference between pre- and post-injury average weekly wages (injuries on/after 1/1/2022), capped at the max total-incapacity rate
Scope: Capped at 312 weeks; rate drops to 70% of the calculated amount once the worker reaches maximum medical improvement (post 9/1/1990 injuries). Employer must give written notice at least 26 weeks before the 312-week cutoff; worker can then petition to continue benefits under § 28-33-18.3. Confirmed in case law (Nichols v. R&D Construction Co., R.I. Sup. Ct. 2013).
R.I. Gen. Laws § 28-33-19
Specific Injury ScheduleStandard: Weekly payment = half of average weekly earnings, floored at $90/wk and capped at $180/wk for injuries on/after 1/1/2012 -- unchanged since
Scope: Paid separately from wage-loss benefits, for a fixed number of scheduled weeks per body part: 312 weeks (both hands/arms above elbow, both legs above knee, complete vision loss), 244 weeks (single hand at wrist), 205 weeks (single foot at ankle), 160 weeks (single eye), 35 weeks (thumb, distal phalange), down to 10 weeks per toe (other than big toe). Disfigurement: up to 500 weeks.
R.I. Gen. Laws § 28-33-4
Waiting PeriodStandard: 3-day waiting period (injury day + 3 days unpaid); compensation begins on the 4th day if incapacity continues
Scope: First $250 of indemnity compensation and first $250 of medical expenses may be a deductible charged to residual-market-insured employers, at the carrier's discretion; nonpayment of the deductible can trigger policy cancellation.
R.I. Gen. Laws § 28-29-20 / § 28-36-10
Exclusive Remedy + Noncomplying-Employer ExceptionStandard: WC benefits are 'in lieu of all rights and remedies... at common law or otherwise against an employer' (§ 28-29-20)
Scope: Real exception: if an employer fails to secure required WC coverage (or fails to comply within 10 days of electing coverage), the injured worker can elect either statutory benefits OR a damages lawsuit as if WC didn't apply -- but must give the employer written election notice within 90 days of the injury (§ 28-36-10). Third-party claims against non-employer defendants run separately and are not barred.
R.I. Gen. Laws § 28-35-57
Limitation of Claims for CompensationStandard: 2 years to file a claim from the date of injury (or from death/removal of incapacity in those cases)
Scope: For latent/undiscovered conditions, the 2-year clock starts only once the worker knew or reasonably should have known of the impairment and its work connection. If the employer/insurer failed to file legally required notices while paying benefits, the filing deadline is eliminated entirely.
R.I. Gen. Laws Title 28, Ch. 28-30 (Workers' Compensation Court)
Dedicated Workers' Compensation CourtStandard: Rhode Island adjudicates WC disputes in a stand-alone trial court, not an administrative board/commission
Scope: The Workers' Compensation Court has its own Appellate Division for review of trial-judge decrees, confirmed in case law (e.g., Nichols v. R&D Construction, 2013, referencing 'Appellate Division of the Workers' Compensation Court'). Further review goes to the RI Supreme Court via writ of certiorari.
Recovery Structure
Medical treatment (reasonable and necessary, typically unlimited), wage-replacement compensation at 62% of average weekly wage subject to the state maximum, additional weekly payments for scheduled specific injuries (§ 28-33-19), vocational rehabilitation, dependent allowances, and death/burial benefits. No pain-and-suffering award under workers' compensation — that trade-off is why the exclusive-remedy rule exists.
Key Rhode Island Doctrines
Dedicated Workers' Compensation Court: Rhode Island adjudicates WC disputes in a stand-alone trial court (R.I. Gen. Laws Title 28, Ch. 28-30) with its own Appellate Division — unlike most states, which use an administrative board. Noncomplying-Employer Exception: if an employer fails to secure required WC coverage, the injured worker can elect to sue for damages instead of taking statutory benefits (§ 28-36-10), but must give written election notice within 90 days of the injury.
Damage Structure + Caps
Max total-incapacity rate: $1,622/week (10/1/2025–9/30/2026, 125% of state AWW). Specific-injury schedule: $90-180/week × scheduled weeks per body part (unchanged since 2012). Partial incapacity: capped at 312 weeks (extendable by petition). 3-day waiting period before benefits start.
Rhode Island Workers' Compensation Verdicts + Averages
Recent Rhode Island workers' compensation benefits outcomes:
| Amount | Year | Case / Injury |
|---|---|---|
| $30K | 2025 | WC settlement -- caregiver bitten on the forearm by a client during a work shift, resulting scar/disfigurement — Bite injury, forearm scarring |
| $500K | 2016 | Workers' comp case -- slip and fall on ice while reporting for work, multiple surgeries, liability highly contested — Fall on ice, multiple surgeries |
| $44K | 2026 | Statutory scheduled award -- loss of one hand at the wrist, 244 weeks at the current $180/wk schedule ceiling (§ 28-33-19) — Loss of hand at wrist |
| $56K | 2026 | Statutory scheduled award -- catastrophic loss (both hands/arms above elbow or both legs above knee), 312 weeks at the current $180/wk schedule ceiling (§ 28-33-19) — Loss of both hands or both legs |
Rhode Island Workers' Compensation FAQs
What is the maximum weekly workers' comp benefit in Rhode Island for 2026?
The maximum is $1,622/week, effective October 1, 2025 through September 30, 2026 — 125% of the state average weekly wage (R.I. Gen. Laws § 28-33-17). Your actual benefit is 62% of your gross average weekly wage, up to that ceiling. Rates reset every October 1.
How long do I have to report my Rhode Island work injury?
Rhode Island doesn't set a fixed number of days for reporting to your employer, but you should notify your supervisor immediately and in writing. The bigger deadline is filing your claim with the Workers' Compensation Court: you generally have 2 years from the date of injury (or from when you discovered a latent condition) under § 28-35-57. Miss it, and your claim can be permanently barred — unless your employer failed to file required notices while paying you benefits.
Can I sue my employer in Rhode Island in addition to workers' comp?
Generally no — workers' comp is your 'exclusive remedy' against your employer under § 28-29-20. Two real exceptions exist: (1) your employer failed to secure workers' comp insurance (§ 28-36-10) — then you can elect to sue for damages instead, but must give written notice within 90 days of the injury; (2) third-party claims against a non-employer defendant (equipment maker, subcontractor, another driver) can run alongside your WC claim.
How much does a permanent injury pay under Rhode Island's specific injury schedule?
Rhode Island pays scheduled specific injuries separately from wage-loss benefits (§ 28-33-19): half your average weekly earnings, floored at $90 and capped at $180/week, times a fixed number of weeks set by body part. Examples: 244 weeks for loss of a hand at the wrist (up to $43,920 at the ceiling rate), 205 weeks for a foot, 160 weeks for an eye, and 312 weeks for catastrophic losses like both hands or both legs (up to $56,160). These caps haven't changed since January 1, 2012.
Should I accept the first settlement offer?
Almost never without review. Initial offers typically undervalue future medical needs and permanent impairment — and in Rhode Island, accepting a workers' comp settlement generally forecloses any separate negligence claim against your employer (§ 28-29-20). Before signing anything, get an independent medical evaluation and consult a workers' comp attorney, especially if a third party (not just your employer) may share fault.
Pending Rhode Island Workers' Compensation Issues
Active legal developments (as of April 2026):
- No separate statutory dollar minimum for total-incapacity benefits was located -- RI's 2022 reform (§ 28-33-17) uses a straight 62%-of-gross-AWW formula with only a ceiling (125% of state AWW), unlike states that publish a distinct floor.
- State average weekly wage (~$1,297.60) is back-calculated from the published $1,622/wk maximum (125% of SAWW) -- RI DLT's public rate table lists only the maximum, not the underlying SAWW figure itself.
- The $90-180/wk specific-injury-schedule floor/ceiling (§ 28-33-19) has applied unchanged since January 1, 2012 with no COLA indexing found, unlike the TTD/PPD wage-loss rate, which adjusts every May 10 via CPI-based COLA.
- A reported $19,000 Rhode Island workers' comp garage-collapse settlement (WorkersCompensation.com, Sept 2023) has not been independently confirmed against a verifiable court citation and was excluded from landmark_verdicts.
- Whether the first 3 unpaid waiting-period days (§ 28-33-4) ever become retroactively payable if disability continues past a further threshold (a common feature in other states) was not fully confirmed as of August 2026.
- Chapters 28-31 and 28-31.1 suggest Rhode Island has separate/modified WC rules for state and municipal employees -- not researched in depth here (this page focuses on private-sector employment).
Informational only — consult a licensed attorney for case-specific advice.
Primary Sources
- dlt.ri.gov/workers-compensation/insurers-and-adjusters/maximum-compensation-rates
- dlt.ri.gov/workers-compensation/insurers-and-adjusters/cola-rates
- law.justia.com/codes/rhode-island/title-28/chapter-28-33/section-28-33-17
- law.justia.com/codes/rhode-island/title-28/chapter-28-33/section-28-33-18
- law.justia.com/codes/rhode-island/title-28/chapter-28-33/section-28-33-19
- law.justia.com/codes/rhode-island/title-28/chapter-28-33/section-28-33-4
- law.justia.com/codes/rhode-island/title-28/chapter-28-29/section-28-29-20
- law.justia.com/codes/rhode-island/title-28/chapter-28-36/section-28-36-10
- law.justia.com/codes/rhode-island/title-28/chapter-28-35/section-28-35-57
- www.courtlistener.com/opinion/1039086/robert-e-nichols-v-rd-construction-co-inc
- lombardilawoffice.com/30k-win-for-rhode-island-workers-compensation-case
- www.resminilawoffices.com/case-results
Other State Workers' Compensation Calculators
Washington
L&I state fund + self-insure, PPD dollar-amount schedule, $2,303.31/wk equiv
California
SIBTF reform 2026, $1,764/wk max, QME + SB 636
New York
$1,281.50/wk max, LWEC non-schedule PPD, 2025 Protection in Workplace Act
Texas
Non-subscriber option, $1,271/wk, IBR
Illinois
Lifetime uncapped medical, $2,045.63/wk (2026)
Florida
$1,358/wk, 104-week TTD cap, narrow catastrophic definition
Michigan
PIWEC phantom wages, 80% after-tax AWW, $1,201/wk max 2026
New Jersey
Second Injury Fund, 400/450-wk caps, $1,199/wk max 2026
Ohio
BWC monopoly fund, Industrial Commission PTD, $1,281/wk
Pennsylvania
Act 111 (2017), 500-wk partial cap, $1,394/wk max 2026
Alabama
Max $1,219/wk TTD, but non-scheduled PPD (back injuries) capped at just $220/wk
Arizona
$6,131/mo max AMW (66⅔% TTD/PTD), PPD paid in months not weeks
Colorado
Competitive state fund, $1,464/wk max (91% SAWW), 4-day notice deadline
Connecticut
Max $1,716/wk (2026), 28-day contest deadline, SIF closed since 1995
Georgia
Exclusive remedy, $800/wk TTD cap, catastrophic designation unlocks lifetime benefits
Iowa
80% spendable earnings, $2,431/wk max, active Second Injury Fund
Indiana
$877/wk max (66⅔% AWW), 8-day wait, Second Injury Fund
Kentucky
Impairment-factor PPD formula, $1,277.99/wk max, coal black-lung claims
Louisiana
Second Injury Fund, SEB to 520wks, $903/wk max (Sept 2026)
Massachusetts
Opt-out exclusive remedy, $1,922/wk max rate, PPD paid in statewide-wage multiples
Maryland
Exclusive remedy, $1,537/wk max (2026), Uninsured Employers' Fund safety net
Minnesota
Private-carrier market, $1,536.84/wk max, PTSD presumption for first responders
Missouri
Strict-construction state, TTD/PTD capped 105% SAWW, PPD capped 55% SAWW
North Carolina
500-week TTD/PPD cap, $1,446/wk max (2026), 66 2/3% AWW
Oklahoma
TTD/PTD capped at $1,128.66/wk, opt-out struck down, Multiple Injury Trust Fund
Oregon
3-way market (SAIF+private+self-insure), $1,943/wk max, CDA keeps medical open
South Carolina
Exclusive remedy, $1,189.94/wk max (2026), 500-wk TTD cap, lifetime for TBI/spinal
Tennessee
$1,488.30/wk max (FY26-27), 15-day notice, PPD = rating × 450 wks, no jury trials
Virginia
500-week comp cap (PTD lifetime), $1,507/wk max, 66 2/3% AWW
Wisconsin
Dual-track cap: $1,375/wk TTD (110% SAWW) vs just $454/wk PPD; 6/12-yr SOL
Alaska
PPI = $273K × WPI%, TTD/PTD 80% of wage, max $1,627/wk (2026)
Arkansas
Max $953/wk (85% SAWW), odd-lot doctrine barred, 450-wk wage-loss cap
Washington DC
Max $1,852.07/wk (Jan 2025), 30-day notice, LHWCA-style weeks-based PPD schedule
Delaware
Max $962.72/wk (2026), 90-day notice, Medicare-based HCPS fee caps
Hawaii
66⅔% AWW, $1,240/wk max (2026), Special Compensation Fund after 104wks
Idaho
Max $1,021.50/wk (90% ASW), 500-week whole man, ISIF second-injury fund
Kansas
$905/wk max TTD/PTD, 415-wk PPD cap, SB 430 (2024) raised PTD cap $155K→$400K
Maine
Max $1,561/wk (125% of SAWW), 7-day wait, no statutory minimum, exclusive remedy
Mississippi
Max $654.63/wk, 5-day wait, Second Injury Trust Fund
Montana
$1,192/wk max, 400-week PPD formula, 60-mo medical closure
North Dakota
Monopolistic state fund (WSI), $1,614/wk max, no private insurance or self-insurance
Nebraska
Max $1,166/wk (2026), Espinoza multi-member LOEC rule, exclusive remedy
New Hampshire
$2,309/wk cap (150% SAWW); Second Injury Fund; 3-yr claim filing deadline
New Mexico
100% SAWW cap, $1,146.66/wk max, $36/wk min since 1975
Nevada
Privatized market, monthly PPD annuity (0.6%/1% WPI), max $5,691.79/mo (FY27)
South Dakota
No insurance mandate • $1,152/wk max (2026) • Subsequent Injury Fund repealed 1999
Utah
Max $1,376/wk (2026), 6-yr/12-yr filing window, narrow intentional-injury exception
Vermont
Max $1,914/wk (2026), 6-mo. filing deadline, whole-person PPD schedule
West Virginia
Deliberate-intent exception, $1,150.91/wk max, no punitive damages, privatized market
Wyoming
Monopolistic state fund, no private insurance; PTD capped at 80 months, not lifetime
Main Workers' Comp Calculator
Nationwide WC benefits overview