Were you injured while on the job in Rhode Island? If so, you may be entitled to collect workers’ compensation benefits to help cover your lost wages and medical bills. We partner with experienced RI workers’ compensation lawyers who don’t charge any out-of-pocket legal fees until your case is won and you receive compensation.
What is Workers’ Compensation?
Workers’ compensation is an insurance program intended to provide benefits to employees who were injured at work, no matter who was at fault.
Generally, an employer’s insurance company is responsible for paying an injured employee’s lost income, medical expenses, and, in some cases, a lump sum settlement. An injured employee may also be entitled to other benefits, such as job retraining and compensation for scarring or permanent loss of use of a body part.
What Should I Do After Being Injured at Work?
- Report the injury in writing immediately, even if it seems minor. Per RI law, you have thirty (30) days from the date of the injury to notify your employer. Obtain a copy of the report. Specifically, you should note:
- When, where, and how the injury occurred.
- Names, addresses, and telephone numbers of any witnesses
- Who you reported the incident to.
- Any limitations caused by the injury.
- Seek medical attention as soon as possible. Document the dates and times of medical visits and the names of all medical providers.
- Contact an experienced RI workers’ compensation attorney to help you navigate through the workers’ compensation process and ensure you get the compensation you deserve.
- If you are a member of a union, report the injury to your union representative.
- Ensure that your employer notifies the insurance company. Your employer has ten (10) days from when they were made aware of your injury to notify the company’s insurance provider. If the injury was fatal, the employer has forty-eight (48) hours—or two (2) days—to notify the insurance company.
How Long Do I Have to File a Workers’ Compensation Claim in RI?
In RI, an injured employee must file a workers’ compensation claim within thirty (30) days after the injury occurred or manifested in order to receive benefits.
What Benefits Can I Receive from a Workers’ Compensation Settlement in RI?
Workers’ compensation benefits cover various losses of an injured employee, including:
- Lost income
- Medical expenses
- Rehabilitation costs
- Lost function of body part(s)
- Permanent scarring
- Dependency benefits
- Burial expenses
- Death benefits
What Injuries Are Commonly Covered by Workers’ Compensation?
Workers’ compensation covers almost any type of injury as long as the injury was sustained within the course of employment. If you were injured while performing a job duty, the injury will most likely be covered by workers’ compensation.
Below are some causes of common workplace injuries covered by workers’ compensation:
- Slip and falls
- Construction site mishaps
- Car accidents
- Repetitive use injuries
- Picking up objects
- Heavy machinery
Are Pre-Existing Injuries Covered by Workers’ Compensation?
Pre-existing injuries or conditions are not covered by workers’ compensation unless they were worsened or hastened by a work-related injury.
Can Independent Contractors Receive Workers’ Compensation?
Independent contractors are workers who have filed a document called a “notice of designation” with the director of the RI Department of Labor and Training, or if a judge finds that a worker is an independent contractor. Since they are technically not “employees,” independent contractors cannot receive workers’ compensation.
Can I File a Personal Injury Lawsuit in Addition to My Workers’ Compensation Claim?
RI law declares that employees cannot file a personal injury lawsuit against their employer while also collecting workers’ compensation, unless the employee specifically told their employer at the beginning of their employment that they want to retain this option.
However, if a defective or dangerous product or a third party’s negligence caused your work-related injury, then you may be able to file a personal injury lawsuit against a third party. To learn more about third party workers’ compensation lawsuits, click here.
What If I Was Hurt at an Employer-Sponsored Event?
Injuries or deaths that occur during voluntary, employer-funded social or amateur athletic events are not covered by workers’ compensation. However, if your employer committed a wrongful act during the employer-sponsored activity, you could sue your employer for any harm caused by this misconduct.
Can I Get Compensated by My Employer for Property Damage?
Under the laws of RI, if property damage occurred in the course of employment, an employee can request compensation for damage to their eyeglasses, dentures, or prosthetic device. If the workers’ compensation court grants the employee’s petition, then the employer must pay the reasonable value of replacing or repairing the item.
Can I Receive Weekly Benefits for Lost Wages?
An injured employee may collect weekly benefits for lost wages depending on the type of disability they have. There are three (3) types of disabilities:
- Partial Disability
- A partial disability is when a workplace injury prevents an employee from performing regular job duties, but they can perform light work.
- Compensation rate: sixty-two percent (62%) of the difference between the employee’s average weekly base income before being injured and their average weekly base pay after the injury.
- Duration: up to six (6) years; longer only in special circumstances
- Temporary Total Disability
- A temporary total disability (also called “total incapacity”) means that a workplace injury temporarily prevents a worker from working, but they are able to return to work later.
- Compensation rate: sixty-two percent (62%) of the employee’s average weekly base pay. If the employee has dependents, then workers’ compensation will also pay $15 per week for each dependent.
- Permanent Total Disability
- A permanent total disability occurs when a workplace injury prevents an employee from performing any job duties—regular or light. They are deemed to have a total loss of earning capacity.
- Compensation rate: sixty-two percent (62%) of the employee’s regular weekly income. Workers’ compensation will also pay $15 per week for each dependent
- Duration: employee’s lifetime
- A permanently totally disabled employee may also be eligible for Social Security benefits.
Can I Get Workers’ Compensation Benefits If a Work Injury Is Fatal?
If an employee has died due to a work-related injury, there are benefits available to surviving family members. Employers must pay the deceased employee’s burial expenses ($20,000) to the employee’s legal representative(s) or dependent(s).
In addition to burial expenses, the employer must also pay death benefits. The amount of death benefits change depending on who survives the employee.
- Dependent(s) totally dependent upon the deceased’s income can collect sixty-two percent (62%) of the employee’s average weekly pay.
- Partial dependent(s) will get weekly payments equal to the sum the deceased worker gave to their partial dependent(s) per week.
- A surviving spouse will receive sixty-two percent (62%) of the employee’s typical weekly income.
- If the deceased employee is outlived by their spouse and minor child(ren) (including adoptees, stepchildren, and unborn), then the spouse will get sixty-two percent (62%) of the employee’s usual weekly pay, plus $40 for each dependent child per week.
- A surviving spouse and physically or mentally incapacitated adult child(ren) (including adoptees and stepchildren) will obtain sixty-two percent (62%) of the employee’s average weekly salary, plus $40 per week for each incapacitated child.
- If the surviving spouse dies or remarries, or if there is no surviving spouse, then death benefits are paid directly to the worker’s dependent child(ren). The employer must pay sixty-two percent (62%) of the employee’s average weekly pay, plus $40 per week for each dependent. If there are more than one child, this amount is divided equally between them.
- If the deceased employee has no dependents, then the employer does not have to pay death benefits.
What Is a Lump Sum Settlement?
A lump sum settlement means that the injured worker receives a one-time payment for their workplace injury. In contrast, a structured settlement is when an injured employee gets paid over time via installment payments. Injured employees may choose between receiving a lump sum or structured workers’ compensation settlement under RI law.
Will I Need Vocational Rehabilitation?
Vocational rehabilitation is a type of therapy intended to help injured employees return to work as soon as possible by addressing their practical, developmental, mental, and emotional harms. Depending on your injury, vocational rehabilitation may be recommended by your doctor as part of your treatment.
Some examples of vocational rehabilitation include resume development, job training, and certification programs.
What If My Employer Fires Me for Filing a Workers’ Compensation Claim?
According to RI law, employers cannot fire you for filing a workers’ compensation claim. This is considered illegal retaliation.
In addition, employers must keep your position open for you for one (1) year after your injury or until your health has improved (whichever is sooner). If you can return to work, your employer must reinstate you to your former position.
While these laws are helpful safeguards for many injured employees, some unethical employers do commit these unlawful acts. If you believe you have been retaliated against because you filed a workers’ compensation claim, you should consult with an experienced RI workers’ compensation lawyer.
Will I Lose My Workers’ Compensation Benefits If I Get a New Job?
According to the laws of RI, if an injured employee was employed (or capable of being employed) during the period they were injured and received a higher wage than they did before the injury, then they cannot collect workers’ compensation benefits.
What If I Have Been Denied Workers’ Compensation?
If you have been denied workers’ compensation benefits, you should do the following:
- Review your denial letter and determine why you were denied.
- Inform your employer about the denial.
- File an appeal. A knowledgeable workers’ compensation lawyer in RI can help you with this process.
- Collect your medical records so you can dispute your denial.
Workers’ Compensation Appeals Process
Time is of the essence in the appeals process, so we recommend hiring an experienced RI workers’ compensation lawyer as soon as you receive your denial. If you decide to brave the workers’ compensation system alone, you should be aware of the appeals process.
To begin the appeals process, you must file a petition which indicates that you are appealing your workers’ compensation denial or decision. This petition is filed with the RI Workers’ Compensation Court.
Within twenty-one (21) days of filing the appeal petition, the Court will schedule a pretrial meeting to encourage settling the matter instead of going to trial.
If a settlement is not reached, then you have five (5) days to request a trial. At trial, you will be able to present evidence to the Workers’ Compensation Court judge. The judge will either award or deny your workers’ compensation benefits.
If you are unhappy with the judge’s decision, you can appeal to the Workers’ Compensation Court Appellate Division for review. The three (3) judge panel will reconsider the trial decision of the Workers’ Compensation Court. Upon review, the Appellate Division will either:
If you are still displeased with the outcome, then you can request that the Supreme Court of Rhode Island hear your case. While you can ask that they review your case, the Supreme Court may deny review. In that case, the Appellate Division’s decision is final.
- Sustain the trial court’s decision, which means that your benefits are still denied.
- Reverse the outcome of the trial court. This means that your benefits will be awarded.
- Partly reverse and modify the trial court’s decision.
Below is a simplified flow-chart that explains the Workers’ Compensation legal process in RI:
Do I Need to Hire a Workers’ Compensation Lawyer?
You do not need to hire a workers’ compensation lawyer, although it is recommended. Primarily, without a lawyer on your side, your employer and their workers’ compensation insurance company will try to undercompensate you, dispute the situation, or even deny that you were hurt.
In addition, the legal procedure can be complex and confusing, so hiring an experienced workers’ compensation attorney helps you understand the process. Similarly, a lawyer can answer any questions you have and clearly lay out your legal options. Finally, retaining a skilled workers’ compensation attorney allows you to focus on your recovery while your lawyer works on your behalf.
Some of d’Oliveira & Associates’ Best RI Workers’ Compensation Settlements
- $500,000 Settlement: In the course of his employment, our client broke his leg. Our firm remained jointly responsible with a workers’ compensation lawyer, who obtained this favorable outcome.
- $450,000 Settlement: Our client was working on a construction site when he fell from scaffolding. He broke his pelvis, wrist, and ribs, and sustained a dislocated shoulder and serious lacerations. Our firm partnered with another workers’ compensation lawyer, who negotiated on our client’s behalf and secured this lump sum settlement.
- $200,000 Settlement: Our client was taking measurements when he fell backwards and injured his back. We remained jointly responsible with a workers’ compensation lawyer, who settled the case for this lump sum.
Why Contact d’Oliveira & Associates?
Did you experience a workplace injury in Rhode Island? If so, you should contact a workers’ compensation lawyer today to learn about your legal rights and possibly recover benefits to help cover your injury-related costs.
We work with some of the most experienced workers’ compensation attorneys in Rhode Island. Our firm charges no legal fees unless and until you receive a settlement or award to compensate you for your injuries. Contact us today for a free case evaluation by calling 800-992-6878 or completing an online contact form.
Our Rhode Island Offices
- Coventry
- 401 Arnold Rd.
- Coventry, RI 02816
- (401) 823-3444
- Cranston
- 751 Reservoir Ave.
- Cranston, RI 02910
- (401) 275-2039
- East Providence
- 2540 Pawtucket Ave.
- East Providence, RI 02914
- (401) 431-1990
- Johnston
- 1395 Atwood Ave., Suite 209F
- Johnston, RI 02919
- (401) 490-3549
- Middletown
- 1521 W Main Rd.
- Middletown, RI 02842
- (401) 846-5449
- Pawtucket
- 11 George St.
- Pawtucket, RI 02860
- (401) 365-6001
- Portsmouth
- 1 Tower Dr., Unit 1505
- Portsmouth, RI 02871
- (401) 366-4300
- Providence
- 390 Broadway
- Providence, RI 02909
- (401) 831-8600
- South Kingstown
- 117 Main St., 2nd Floor
- Wakefield, RI 02879
- (401) 490-4332
- Warwick
- 120 Lavan St., Suite 1
- Warwick, RI 02888
- (401) 490-6907
- Woonsocket
- 345 N. Main St. Suite 1
- Woonsocket, RI 02895
- (401) 762-4006