In some respects, yes—there is a limit to your ability to get your job back, depending on how long you’ve been out. In most cases, if you’re able to return to your job within one year of your injury, the right to reinstatement under the Workers’ Compensation Act requires your employer to reinstate you to your former position, and most employers understand and comply with that. However, not everyone is able to recover and return to full capacity within that one-year window. And while the Workers’ Compensation Act provides significant benefits—like wage replacement and medical coverage—those benefits are still limited in scope. If you’re going to be out for more than a year, I always advise my clients that there’s no guarantee your job will still be available when and if you recover. That doesn’t necessarily mean your employer won’t take you back—some do, even after longer absences—but legally, they are not obligated to hold the position open beyond that one-year mark. So, yes, you may lose your job if your recovery takes longer than a year, and that’s simply a reality of how the law is structured.

Typically, no—I find that while some employers are better than others, most, and certainly the good ones, understand that claims happen, injuries happen, and they pay for insurance precisely for this reason. They recognize that sometimes people are out on workers’ comp; it’s part of doing business, and not something they necessarily look down upon. Obviously, no one, including myself, likes a claim that lacks merit or involves someone trying to get benefits they’re not actually entitled to—we all tend to judge situations like that—but in my experience, that’s very rarely the case. Likewise, it’s also rare for employers to judge employees for filing a legitimate claim or collecting workers’ compensation when they’ve been injured and are physically unable to earn a living, whether temporarily or permanently. Most employers get it—they know these claims are just part of the business landscape, part of why they carry insurance, and they generally don’t hold it against the employee for seeking benefits that the law guarantees and that the employer already paid an insurance company to provide in case something like this happens.

If you go back to work, the first thing we need to determine is in what capacity you’re returning. Are you returning full-time in the same role, earning the same wages as before your injury? If so, and you’ve fully regained your earning capacity, then your weekly workers’ compensation checks will end. That’s the core idea behind workers’ comp—it’s designed to partially replace your income while you’re recovering and unable to work. Since you’re only receiving about 62% of your pre-injury wages while on comp, the system is intentionally structured to encourage recovery and returning to the workforce. However, even if your weekly checks stop, your medical benefits do not. If you still need ongoing treatment—such as physical therapy, injections, or follow-ups—workers’ compensation is still responsible for those medical expenses, even after you’ve resumed work. Now, if you return to work but not at full capacity—whether part-time or in a lower-paying position—you may still be entitled to partial weekly benefits. This is known as varying partial disability compensation, and it helps cover the gap between what you were earning before the injury and what you can now earn. For example, if you were working 40 hours a week pre-injury but can now only manage 20, workers’ comp may pay a portion of the difference in your lost wages. So, going back to work doesn’t automatically cut off all your benefits—it just changes what you may be entitled to, depending on your situation.

In many respects, yes—you are protected. There’s a specific provision in the Rhode Island Workers’ Compensation Act called the right to reinstatement, which says that if you’re physically able to return to your job within one year of your injury, and you can demonstrate that ability, your employer is generally required to take you back—even if they previously terminated you. This applies in most cases, with a few exceptions, and it’s designed to guard against retaliation by employers who might otherwise try to get rid of injured workers before they recover.

Now, when we talk about retaliation, it’s important to distinguish between termination (i.e., being fired) and other forms of retaliation, such as discrimination, harassment, or being treated unfairly in ways not directly tied to your employment status. Those types of cases can fall under broader employment law and might require the assistance of a different kind of attorney who focuses on discrimination or civil rights cases.

That said, most employers understand they are prohibited by law from retaliating against employees simply because they were injured or filed a workers’ comp claim. And specifically, the right to reinstatement helps ensure that if you’re ready to go back to work within that one-year window, your employer must reinstate you. If they don’t, a qualified workers’ compensation lawyer can step in and help enforce that right—and protect your job along with your benefits.

No, generally speaking, your employer can’t just fire you while you’re out on workers’ compensation—and even if it happens occasionally, there are protections in place to address it. One of the rights under the Workers’ Compensation Act that we haven’t talked about yet is the right to reinstatement. This provision means that, for most employers (with a few exceptions), if you’re physically able to return to your job within one year of your injury, they are required to take you back. So, for example, if your employer terminates you six months after your injury, but at the nine-month mark you recover and are ready to return to work—specifically to that same job—you likely qualify for this protection. A knowledgeable workers’ comp lawyer will know exactly how to enforce that right and ensure your job is safeguarded. Even if you receive a termination notice, it doesn’t necessarily mean your job is lost; it can be challenged and potentially reversed under this right to reinstatement, which is clearly spelled out in Rhode Island’s workers’ compensation laws. While most employers are aware of this and typically follow the rules, there are cases where they act outside the law—intentionally or otherwise. If that happens, and you’re medically cleared to return within a year, we can often step in to get you reinstated to your former position. This is yet another example of why having a workers’ comp lawyer is so important—they not only help protect your benefits, but also help protect your job.

If your workers’ compensation benefits are stopped for any reason, a lawyer is the person who can help get them resumed. The first step is figuring out why they were stopped—did you fall off the payment schedule by mistake, did something fall through the cracks because the adjuster was out of the office, or are they simply stopping your benefits without valid legal grounds? Whatever the case may be, it takes a well-versed lawyer to identify what happened and, more importantly, know exactly what to do about it. While the workers’ compensation system in Rhode Island is one of the most efficient and responsive in the country, it’s still a legal system that takes time. There are waiting periods, court petitions, and hearing schedules—even though they move relatively quickly, you still don’t want delays or missteps. That’s why having a lawyer is critical—they know the process, the deadlines, and how to act quickly and correctly. One of the most important things we can do as lawyers is not only take action to fix the problem, but also prepare you for what to expect—how long the process will take, when you’ll likely see results, and how to plan for the turnaround time. That clarity and guidance can make a world of difference during an already stressful time.

Yeah, absolutely—that’s one of the principal things we do, and we do it almost every day. More importantly, it’s not just about communicating with the insurance company—it’s about how that communication is done. Sometimes, the form and timing of these communications are legally required steps before you can even petition the court for something you’re seeking, whether it’s medical treatment, disfigurement compensation, or another type of benefit. A lawyer not only knows what to say, but also how to say it, what not to say, and how to frame the communication in a way that preserves your rights and sets you up for entitlement under the Workers’ Compensation Act. So yes, workers’ compensation lawyers routinely communicate with insurance companies, and those communications—especially when put in writing—are often a necessary legal prerequisite before you can take further action or seek relief through the court system.

In my experience, there’s no reason not to get a lawyer—and every reason to be concerned about what could happen if you don’t. I see it far too often: injured workers try to handle things on their own, and at first, everything seems fine. They’re getting paid, weeks go by, maybe even a couple of months, and they start to wonder, “Why would I hire a lawyer? That’s just going to complicate things.” But that’s not true. You could be getting paid the wrong amount, your claim might not even be officially accepted, and you wouldn’t know it. Meanwhile, you’ve been lulled into a false sense of security, thinking everything’s okay. Then suddenly, your benefits stop, or you get a notice saying they’re not only terminating your payments, but also denying your claim altogether—saying you were never entitled to benefits in the first place. Now you’re dealing with an interruption in your income, a halt to your medical treatment, and scrambling to hire a lawyer—when you could have had one from the beginning. A good workers’ compensation lawyer would’ve made sure everything was properly documented and your rights fully secured, so the insurance company couldn’t legally pull the rug out from under you. Having legal representation early on can prevent costly mistakes, missed benefits, and unexpected disruptions that could have been avoided entirely.

Typically, no—there are no negative consequences for hiring a workers’ compensation lawyer, and employers generally do not retaliate simply because you got legal help. Especially with larger employers, it’s widely understood that workers’ compensation claims are a regular part of doing business. Having been in Workers’ Compensation Court almost daily for years, I can tell you there are countless active claims at any given time. If an employer has workers’ comp insurance—and they’re legally required to have it if they have even one employee—it means they expect that workers may occasionally get hurt. That’s the entire reason this insurance exists: to ensure that injured workers have a remedy. Many people fear that hiring a lawyer might make things adversarial or lead to retaliation, but the workers’ comp system is specifically designed to be less confrontational than other legal systems. In fact, under workers’ comp law, you cannot sue your employer in the traditional sense. A lot of people come to me worried, saying, “I don’t want to sue my employer,” but I explain that legally, you can’t—the whole point of the system is to prevent lawsuits against employers. Instead, you’re pursuing benefits from the insurance policy your employer already paid for. So, while it may feel like you’re making things contentious by hiring a lawyer, you’re actually just using a process that’s built to handle exactly this kind of situation. You’re not taking anything from your employer personally—you’re dealing with an insurance company that acts on their behalf. And in my experience, most employers understand that; they’ve paid for this coverage and recognize it’s there for a reason. While you may end up in a dispute or even in litigation with the insurance company—over denied benefits, denied treatments, or attempts to terminate your claim—that’s a battle with the insurer, not the employer directly. So, while it’s normal to feel nervous, hiring a lawyer doesn’t create the kind of backlash people often fear. In reality, it protects your rights and ensures you’re treated fairly in a system that can be complex and overwhelming without professional help.

If a claim is opened when you’re unrepresented, you may start getting paid and receiving some of the benefits you’re entitled to—but there’s always a big question mark hanging over your claim. The key concern is whether everything was done correctly from the beginning, and whether you’re potentially at risk of having your benefits suddenly and legally stopped by the insurance company. Without a lawyer reviewing your case early on, you may not even realize the way you’ve been treated is putting you at a disadvantage. In reality, “opening a claim” often just means you’ve notified your employer and their insurance company about your injury. From there, they assign a claim number and a claims handler—it’s mostly an internal, administrative process on their end. But just having a claim open doesn’t mean much legally, and it doesn’t offer any meaningful protection for you. That’s why it’s so important to consult with a workers’ compensation lawyer who understands the system, can ensure that your claim is properly established under the law, and can secure all the additional benefits you’re entitled to. More importantly, if the insurance company suddenly decides to terminate your benefits or claim you’re fit to return to work when you’re not, your lawyer is already there to respond immediately. And one of the most important things to understand is how workers’ compensation lawyers, like us, get paid—you won’t receive a bill, you won’t pay a retainer, and you’ll never be out of pocket to have experienced legal representation in your corner. That’s why hiring a lawyer from day one is a smart move—it offers protection, peace of mind, and access to every benefit you qualify for, with no financial risk to you. A lot of people worry they’ll get in trouble for hiring a lawyer, or that it might hurt their case—but as we’ll explain further, that’s almost never a valid concern. In fact, being represented usually strengthens your case and ensures you’re treated fairly every step of the way.