Detailed Answer
If you suffer accident-related injuries in Rhode Island and cannot work, several legal options can help you recover lost wages. The best path depends on where and how the injury occurred, your employment status, and available insurance coverage.
1. Workers’ Compensation Benefits
If your injury arose out of your employment, you may file a workers’ compensation claim under Rhode Island law. Most employers must carry workers’ comp insurance. You can receive wage-replacement benefits equal to two-thirds of your average weekly wage, subject to statutory maximums and medical eligibility requirements. See R.I. Gen. Laws § 28-29-35 and related provisions in Title 28, Chapter 29.
2. Personal Injury Lawsuit (Tort Claim)
If a third party caused your accident—such as a negligent driver or a property owner—you may pursue a personal injury lawsuit. You can seek “special damages,” which include medical bills and lost wages. Rhode Island imposes a three-year statute of limitations on personal injury actions. See R.I. Gen. Laws § 9-1-14.
3. Auto Insurance – Personal Injury Protection (PIP)
Rhode Island law requires auto policies to include Personal Injury Protection. PIP covers medical treatment and wage loss up to policy limits, regardless of fault. You can claim up to 80% of lost wages, subject to coverage caps. See R.I. Gen. Laws § 31-34-11.1.
4. Uninsured/Underinsured Motorist Coverage
If the at-fault driver lacks sufficient insurance, your own uninsured/underinsured motorist coverage may compensate you for wage losses and other damages. Rhode Island requires insurers to offer this coverage. See R.I. Gen. Laws § 31-31-2.
5. Disability Insurance Benefits
If you have a short-term or long-term disability policy through your employer or purchased privately, you may qualify for wage-replacement benefits under your insurance contract. Review your policy’s elimination periods, benefit caps, and documentation requirements.
6. Social Security Disability Insurance (SSDI)
If your injuries result in a disabling condition that prevents any substantial gainful activity for at least 12 months, you can apply for SSDI benefits. SSDI provides monthly payments based on your prior earnings. Visit the Social Security Administration’s website to start an application.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss the specifics of your case.
Helpful Hints
- Report your accident promptly to your employer and/or insurer.
- Gather medical records, pay stubs, and accident reports.
- Meet all filing deadlines for claims and lawsuits.
- Review your insurance policies for coverage details.
- Keep detailed records of your wage losses and recovery milestones.
- Consult an attorney experienced in Rhode Island injury law to evaluate your best options.