Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Understanding Lost Wage Claims in Rhode Island
After an injury, you may lose income from one or more jobs. Rhode Island law offers different paths depending on where and how the injury happened.
1. Workers’ Compensation Benefits
If you are injured on the job, you can file a workers’ compensation claim with your employer’s insurer. Under R.I. Gen. Laws § 28-33-17, you may receive temporary total disability benefits equal to two-thirds of your average weekly wage, up to a statutory maximum.
Key steps:
- Provide written notice of injury to your employer within 30 days (R.I. Gen. Laws § 28-33-1).
- File the First Report of Injury (Form 1) with the Rhode Island Department of Labor and Training.
- Submit wage records from the job where you were injured. If you held multiple part-time positions with the same employer, include all wages.
2. Personal Injury Claims for Lost Wages
If your injury occurred outside of work (for example, in a car accident caused by another driver), you can pursue a personal injury claim. You may recover lost earnings from all employers as an element of damages. In Rhode Island, you must file suit within three years of the injury (R.I. Gen. Laws § 9-1-14).
Key steps:
- Gather pay stubs, W-2 forms, tax returns and written wage verifications from each job.
- Obtain a medical report stating work restrictions and the period of disability.
- Send a demand letter to the at-fault party or their insurer detailing your wage losses.
- File suit in Rhode Island Superior Court before the statute of limitations expires.
Calculating Your Lost Wages
- Determine your average weekly wage from each job over the 52 weeks preceding your injury.
- Multiply that average by the number of weeks you could not work due to your injury.
- If you receive workers’ compensation benefits, subtract those payments from your total lost wages.
Helpful Hints
- Keep a daily log of scheduled hours and missed shifts.
- Request written wage verification from each employer promptly.
- Track all medical appointments and follow prescribed treatment plans.
- Meet notice and filing deadlines to preserve your rights under R.I. law.
- Consider consulting a qualified attorney if an insurance carrier disputes your claim.