If someone is totally disabled, then estimating the value of a settlement is more difficult. This is because the employer’s exposure is significantly higher than in a typical case where a worker is partially disabled and only entitled to weekly checks for 312 weeks (six years). For someone totally disabled, the six-year limitation does not apply—meaning the “clock” on weekly checks is not ticking. Theoretically, an employer may have lifetime exposure, since the worker will continue receiving weekly checks until they pass away or until their total disability status changes. To better understand how total disability affects settlement value, our Rhode Island workers compensation lawyers can help explain your rights. You may also want to review our RI workers’ comp benefits for broader context on total disability in Rhode Island.

The date of the injury is not counted when determining time lost from work. When assessing whether your work-related injury is compensable under the Rhode Island Workers’ Compensation Act, the law requires that your injury prevent you from earning your full wages for more than three days. Typically, day one is considered the day after your injury—or the first day you actually miss work because of it—without counting the day the injury occurred. For questions about eligibility and how time lost is calculated, our Rhode Island workers compensation lawyers can help explain how these rules apply to your situation. You can also review our RI workers’ comp benefits for a broader understanding of compensability under the Act. If you want to explore related issues, you may find topics like pre-existing conditions and eligibility or injuries that occur off the job but are work-related helpful.

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• What if my employer says I’m not eligible for workers’ comp?

• Can a workers’ compensation claim be reopened?

• How does workers’ comp handle repetitive strain injuries or occupational diseases?

Before settling your workers’ compensation claim, you should conduct a cost-benefit analysis where you consider how much you are likely to receive in future weekly checks and other benefits over the life of your case. When you compare that total against what you are being offered in a settlement, you may find that a lump-sum settlement could potentially exceed what you would collect weekly if you do not settle. On the other hand, you may conclude that continuing to receive weekly checks will result in more overall compensation. For guidance on evaluating these options, our workman’s compensation attorneys can help you understand the long-term financial implications. You may also want to explore our RI workers’ comp benefits for broader context on how settlements affect your rights.

First, understand that no one person decides what the settlement amount will be—not you, not the insurance company, not your employer, not opposing counsel, and not even the judge. A settlement can only happen when both sides agree on an amount that, once paid, ends your case permanently. From there, the court must approve the settlement, which is usually straightforward. For general guidance on how settlement negotiations work, our Rhode Island workers compensation lawyers can help you understand the process. You may also find the broader framework outlined in our RI workers’ comp benefits helpful as you evaluate your options.

Even if the accident was your fault, you may still be entitled to medical treatment, weekly checks, and possibly a lump-sum settlement. The only exceptions that can block a settlement are the same narrow exceptions that can block a workers’ comp claim entirely.
If your injury happened while doing your job duties, you likely still qualify. For examples of covered situations, see our article on what counts as a work-related injury.