You may be able to receive Workers’ Compensation for an injury sustained at work even if the accident causing the injury was your fault. Workers’ Compensation in Rhode Island is essentially a no-fault insurance system that helps workers who have been injured while working receive compensation for lost wages and medical expenses. Every business in RI that has more than one employee is required to carry the insurance. Unfortunately, Workers’ Compensation claims are often inappropriately denied by employers leading to Johnston Workers’ Compensation lawsuits.
What Is Workers’ Compensation?
In general, workers’ compensation is insurance providing compensation for medical expenses, lost wages, among other costs to employees who sustain an injury while in the course of their employment. Employers, meaning businesses and corporations, are required to have workers’ compensation insurance to cover these benefits for their employees. An employee can also receive workers’ compensation for injuries that are discovered after ending employment with a certain job, as long as they can connect the injury back to the employer. There are two types of disability that allows you to collect weekly benefits for lost wages:
- Total Disability: When a person can neither perform their regular job duties or any other type of light duty work and are considered to have a total loss of earning capacity.
- Partial Disability: When a person is unable to perform his or her regular job duties due to a work injury, but is still capable of performing light work load.
When Can Workers’ Compensation Be Denied?
Although RI workers are generally entitled to compensation for injuries they suffered while working, there are certain situations where these benefits may be denied. These are considered exceptions to the “no fault” rule and depend heavily on the facts of the case. Injuries that occur while an employee is coming and going from work are generally not covered. However, there are exceptions to this rule as well. If an employee deviates from his or her duties at work, injuries received as a result will generally not be covered. Injuries that are the result of horseplay are usually not covered as horseplay is not considered to be an activity in the course of employment.
Finally, if an employee is intoxicated while working, resulting injuries will not be covered. Because these cases are so dependent on the circumstances, it is important to have a lawyer evaluate the facts of your particular case and injury to determine if your workers’ compensation claim was improperly denied.
Contact an Experienced Johnston Workers’ Compensation Lawyer
If you or someone you know has been injured while at work in Johnston, our firm works with experienced Workers’ Compensation Attorneys right here in Rhode Island. You may be entitled to collect for workers’ compensation benefits for lost wages, medical bills and possibly a lump sum settlement, among other benefits. No fees are received unless you win your case. For a free (no obligation) case evaluation, call us at 1-401-490-3549 or toll free at 1-800-992-6878. You may also fill out our contact form online.
Paul d’Oliveira
Attorney Paul d’Oliveira has been practicing personal injury and disability law for over 30 years. He started his personal injury law practice in 1989 with two offices in Fall River, MA and East Providence, RI. Today his firm has 16 offices in RI and Southeastern, MA.
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