Workers Compensation
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If you have been injured at work and believe that
you are entitled to workers’ compensation in Rhode Island
or Massachusetts, the right attorney can make all the difference
in recovering the maximum benefits you deserve under the law. A
RI or MA workers’ compensation attorney will be able to advise
clients in the procedures for protecting their workers’ compensation
benefits and guard against the early termination of benefits. For
example, a workers’ compensation lawyer can assist an injured
employee if they are being denied benefits, which they are entitled
to receive. A workers’ compensation attorney can also help
an employee who is told to return to work before they are able.
Please call us for a free consultation at 800-992-6878, or CLICK HERE to complete a contact form.
What is Workers’ Compensation?
Workers’ compensation
is a group of laws enacted to provide benefits to workers who are
injured on the job, regardless of whether
anyone was at fault for the injury. The workers’ compensation
system was developed to prevent injured employees from living
impoverished lives due to medical expenses and loss of income.
Workers’ compensation
provides that the injured worker receive partial wages, medical
care and vocational rehabilitation, if needed.
In RI and MA, employers are required to provide workers’ compensation
insurance for their employees. Workers’ compensation
laws direct employers to provide this for injured workers as
a cost
of doing business.
Rhode Island Benefits to Injured Workers – Key
Points
Disability Benefits – Employees who are injured
on the job are entitled to receive a portion of their wages
if their injury
renders them unable to work for 3 or more days. The amount
an employee receives is a percentage of the employee’s
weekly wage - usually 75% of the workers spendable earnings
- and is subject
to a maximum weekly payment. Payments are disbursed for the
duration of the disability.
Medical Care – Injured workers may choose their own doctor
and all medical expenses will be paid. No co-pays will be charged.
There is no time or monetary limit in regard to medical care.
Vocational Rehabilitation - An injured worker is entitled to
vocational rehabilitation services if they have suffered a
permanently disabling
injury. A wide range of assistance is available. Services may
include resume development, enrollment in training classes
or certification
programs and assistance with job placement.
Disfigurement/Scarring/Loss of Use - Injured workers who suffer
from disfigurement or scarring will be compensated according
to their injury. Employees who suffer loss of use of a body
part will
also receive compensation. These payments are made in addition
to the weekly check and are available even if the employee
does not miss time from work, due to the injury.
Death Benefits – Death benefits are paid
to an employee’s
spouse, or spouse and children. The amount of this benefit is
based on the employee’s wages. A burial allowance is also
available.
Massachusetts Benefits to Injured Workers – Key
Points
Disability Benefits – An injured worker
becomes eligible for weekly benefits after he/she is unable to
earn their full
wages for 5 or more calendar days. The figure to be received
is determined by the employee’s average weekly wage, going
back up to 52 weeks prior to the injury. The days missed from
work do not need to be consecutive. An employee will not be paid
for the first 5 days of incapacity unless the employee is unable
to work for 21 days or more.
Medical Care – Injured workers
are entitled to medical care. The employer has the right to require
that the employee
see a health care provider within the employer’s preferred
provider arrangement, for the first visit. After the first doctor
visit, the employee is allowed to use health care providers of
their choice. The employee may change providers one time without
the permission of the insurance company. Any additional changes
need to be approved by the insurance company. Mileage will be
paid for travel to and from medical visits.
Vocational Rehabilitation - If
a doctor determines that an employee is unable to return to their
job due to their injury, the employee
is eligible for vocational rehabilitation services. These services
are offered so that the employee may return to the work force
with little or no change in pay. A wide range of assistance is
available. Services may include evaluating capabilities, vocational
testing, counseling, workplace modifications, resume development,
enrollment in training classes or certification programs and
assistance with job placement.
If an injured employee is asked
to meet with a vocational rehabilitation officer, the employee
must attend the meeting. These meetings
are held to determine if vocational rehabilitation services
are appropriate for the employee. Benefits may be discontinued
if
the employee refuses to attend this meeting. Benefits may be
reduced if vocational rehabilitation services are found to
be appropriate, but rejected, by the employee.
Disfigurement/Scarring/Loss
of Use – Employees with injuries
resulting in permanent loss of certain specific bodily functions
are eligible for a one-time payment. Benefits for scarring
are paid only if scars appear on the employee’s face, neck
or hands. These payments are made in addition to the weekly
payments for disability benefits.
Death Benefits – Weekly
benefits are available to the surviving spouse of a deceased
employee. The amount paid would be two-thirds
of the deceased worker’s average weekly pay. The surviving
spouse may receive this benefit as long as they remain dependent
and do not remarry. Should the spouse remarry, eligible children
would then receive $60 per week.
Assistance with burial expenses
is available.
If you were injured on the job, and need workers’ compensation,
you should consider contacting an attorney who specializes
in worker’s compensation claims. A workers’ compensation
lawyer will be able to answer your questions and help you
make important legal decisions. Give us a call at 800-992-6878,
or
please CLICK HERE for a free case evaluation. Remember, we
never charge you any fees or expenses, unless your case is
successful.
Helpful Links:
Rhode Island Division of Workers’ Compensation - http://www.dlt.ri.gov/wc/infoinjuredworker.htm
Massachusetts Department of Industrial Accidents -
http://www.mass.gov/dia/
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