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Unfortunately, Rhode Island workers in any industry face the risk of being injured on the job. Although the state’s Division of Workers’ Compensation is designed to provide benefits to people hurt in workplace accidents, insurance companies, and employers often have a team of experts and an arsenal of information to prevent workers from recovering maximum compensation.
At Gemma Law, your experienced Rhode Island workers’ compensation lawyer has more than 100 years of combined experience representing people who have been hurt at work and need a strong advocate to fight for the benefits they deserve.
When you need a Rhode Island personal injury lawyer, you can depend on our firm to hold the insurance company accountable for their responsibilities. If the insurance company attempts to deny you the benefits that are rightfully yours, our team will do everything possible to get your denial overturned on appeal.
Learn more about whether you qualify for workers’ compensation benefits and how to handle the insurance company during claim negotiations when you contact us for a free consultation.
Rhode Island Workers’ Compensation Laws
After suffering a work-related injury, you must understand how Rhode Island workers’ compensation laws work. There are laws in place that could impact whether you have the right to file a claim, how much you are entitled to in terms of benefits, and how long you can continue receiving workers’ comp.
Here are some of the laws that could have the greatest influence on your workers’ compensation claim:
Workers’ Comp Requirements
You may not be sure whether your employer has workers’ compensation coverage in place. According to RI Gen. Laws § 28-29-6, any company that has at least one employee is required to protect their staff with workers’ compensation. It does not matter whether the employee works full-time, seasonally, part-time, or on a temporary basis.
As long as your injuries occurred within the scope of your work responsibilities, you should be able to collect workers’ comp benefits. Do not rely on your employer to file your workers’ compensation claim. Our team can ensure your claim is filed promptly so you can access the benefits you need sooner.
Types of Benefits Available
if your claim for workers’ compensation benefits is approved, you should begin receiving benefits shortly afterward. There are several types of workers’ compensation benefits that may be allowed, depending on the circumstances of your case. Some examples of these benefits include:
- Disability benefits – Disability benefits are designed to cover a portion of your lost income while you are unable to work. The exact amount you can expect to receive will vary based on your average weekly wages.
- Vocational rehabilitation – If your injuries prevent you from returning to work, you may be entitled to vocational rehabilitation benefits. These may be necessary if you require further job training or education to re-enter the workforce.
- Medical benefits – The insurance company should cover every single medical bill related to your on-the-job injuries. This does not only include your hospital stay. The insurance company should pay for your prescription medications, diagnostic fees, ambulance bills, and any future medical expenses that may apply.
- Death benefits – The workers’ compensation insurance provider should cover the decedent’s funeral and burial expenses, up to $20,000, as described under RI Gen. Laws § 28-33-16. The decedent’s surviving spouse and children may be entitled to weekly disability benefits as well, as outlined in RI Gen. Laws § 28-33-12.
How Long You Can Collect Workers’ Comp
In most cases, you can continue to receive workers’ compensation benefits until you can return to work on a full or part-time basis. If you return to work part-time, you can still collect workers’ comp, but at a reduced rate.
However, there may be a maximum number of weeks that you are allowed to collect workers’ comp benefits, depending on the circumstances of your case.
Statute of Limitations on Rhode Island Workers’ Compensation Claims
Do not wait too long to initiate your workers’ compensation claim. As described under RI Gen. Laws § 28-35-57, the statute of limitations for workers’ comp is two years from the date your work injury occurred. Missing this deadline could cause the insurance company to deny your claim for benefits.
It is also important to remember that there will be a statute of limitations deadline if you file a personal injury lawsuit against a third party who may be responsible for causing your work-related
injuries. According to RI Gen. Laws § 9-1-14, you may have up to three years from the accident to file a claim in civil court. The court system will likely refuse to hear your case if you do not file your lawsuit before the expiration date.
For a free legal consultation with a workers' compensation lawyer serving Rhode IslandCall 401.467.2300
How a Workers’ Compensation Attorney in Rhode Island Advocates for You
Without legal guidance, insurance companies might underpay or deny your claim. We will fight for your rights and make sure your recovery is the priority, not the red tape.
With our team on your side, you will have someone who knows the tactics insurers use and how to counter them.
Explaining Your Legal Rights As An Injury Victim
If your employer is trying to persuade you to use your health insurance or sue a third party, we can explain the pros and cons. For example, your health insurance has a co-pay plan and covers much less than workers’ compensation benefits would.
Also, suing a third party would require you to prove negligence and would require that the defendant have assets or insurance so you could get paid.
You need to understand your right to workers’ compensation benefits so you are not pressured into making a decision that could hurt you in the long run.
An experienced Rhode Island workers’ compensation attorney can ensure that you are not taken advantage of or misled by an insurance company looking to lowball you into settling for less than what you deserve.
With Gemma Law Firm by your side, you will have a deep understanding of how much your losses are worth so you can demand the compensation and benefits you are entitled to.
Protecting You from Employers and Insurers Fighting to Derail Your Workers’ Compensation Claim
Understanding how to file a workers’ compensation claim should be simple, but employers and insurers sometimes create barriers to deter you.
When your workers’ compensation lawyer in Rhode Island prepares your claim, most employers and insurers will know they cannot go out of their way to make things difficult because our team will be watching their every move.
We are not afraid to challenge the insurance company if we have reason to believe they are handling your claim in bad faith.
Properly Document and Prepare Your Workers’ Compensation Claim
Your Rhode Island workers’ compensation attorney from Gemma Law Associates will thoroughly document your accident and your injury so you can submit a solid workers’ compensation claim. We will also stay on top of your claim to ensure you meet all the deadlines.
Failure to meet these deadlines could result in denial of the benefits you might have otherwise been entitled to.
Rhode Island Workers' Compensation Lawyer Near Me 401.467.2300
Why You Need a Rhode Island Workers’ Compensation Attorney
Employers and insurance companies may try to lowball you and not count all of your wages when determining what types of workers’ compensation benefits you are entitled to receive.
Or you may find yourself in a dispute over whether medical bills should be paid for a legitimate treatment or procedure. A workplace injury lawyer with Gemma Law Associates can tackle all of these tense disputes for you so you can focus on your recovery.
Manage Your Appeal if Workers’ Compensation Benefits are Denied
Appealing a Rhode Island workers’ compensation decision will be one of your legal advocate’s primary goals if you face a denial. However, the workers’ compensation system can be complicated. You will need a strong representative who knows the law and can represent your interests against large insurance companies and big corporations.
Contact a Rhode Island Workers’ Compensation Attorney for Help Today
Schedule a free case consultation with a seasoned workers’ compensation attorney in Rhode Island now and learn how we can pursue justice for you.
If you have been hurt or lost a loved one in an accident that someone else’s carelessness or recklessness caused or in an act of violence or abuse, you have a right to seek compensation. Let us help you get your medical bills and losses covered in full.
Gemma Law Associates has years of experience helping injured workers in Providence and throughout Rhode Island, including Bristol, Cranston, Kent County, Newport, Pawtucket, Warwick, Washington County, and Woonsocket.
We can help you seek compensation for your expenses and your pain and suffering. Call us today for a free consultation, or complete an online form to get started on your case.
Call or text 401.467.2300 or complete a Free Case Evaluation form
