| Frequently Asked Questions -
Workers Compensation
I hurt myself at work. What
should I do?
If you are injured on the job, you should immediately ask your
employer for a workers' compensation claim form; or, you can contact
our firm and we will provide you with one. Upon completion, a copy of
this form must be given to the employee and another copy must be sent
to the employer's workers' compensation carrier. You should complete a
form even if you believe your injury is minor, because failure to fill
it out can limit any workers' compensation rights you have. The Law
Firm of Joyce A. Faraone can assist you with your workers'
compensation claim and evaluate your case to see if you have a
potential lawsuit against a negligent third party.
I think my employer caused my
injury. Can I sue my employer?
No; under Rhode Island's workers' compensation system, you cannot file
suit against your employer, even if the employer caused your injury.
However, the "good news" is that regardless of who was at fault, you
are entitled to workers' compensation benefits. You will receive
benefits even if you caused your own injury. The bad news is that
workers' compensation benefits are severely limited, and many workers
find it difficult, if not impossible, to get by on them while
recovering from a n injury.
What is a "third-party case" and why should I ask an attorney
about it ?
If your injury was caused, at
least in part, by the fault of someone other than your employer, you
may have a case against this third party. (It's called a third party
since you are the "first" party, and your employer is the "second"
party.) For example, for a construction injury, you might have a
third-party case even if the general contractor was simply "aware" or
"should have been aware" of the condition that caused your injury.
Through a third-party lawsuit, you can recover all lost wages, all
medical costs, future lost wages, and damages for pain and suffering,
none of which can be recovered through workers' compensation alone.
You must consult an attorney to advise you whether you have a
potential third-party lawsuit. It is crucial that your case be
investigated immediately so that valuable evidence is not lost and
witnesses can be contacted.
What benefits can I receive under workers' compensation?
You are entitled to temporary disability payments for the time that
you cannot do your work, medical treatment, and you may be eligible
for permanent disability payments as well. If you cannot return to
your trade, you will be entitled to vocational rehabilitation. Please
read our full discussion of workers' compensation benefits.
Can my workers' compensation benefits be denied?
Unfortunately, yes. In many ways the deck is stacked against injured
workers seeking workers' compensation benefits. After you are hurt on
the job, your employer has 90 days to "accept" or "reject" your claim.
This means that for three months you could receive no benefits when
you need the funds the most. If the claim is denied, it will take the
action of the Workers' Compensation Appeals Board to require the
employer to pay the claim, and this process can take many more months.
In addition, your employer has a right to dictate what doctor you see
for the first 30 days of your treatment. This doctor can, and often
does, render an opinion that you are perfectly capable of returning to
work even when you are still hurt. This doctor's opinion also can be
used by the employer to deny paying you temporary disability benefits.
The Law office of Joyca A. Faraone can help direct you to a
well-respected treating physician who is fair and understands the
physical requirements of your trade.
Please Note: The information you obtain at this site is not, nor is it
intended to be, legal advice. This has been prepared by The Law Office
of Joyce A. Faraone for informational purposes only. We do not intend
to create an attorney-client relationship between our firm and the
recipient of the information contained on the pages that follow. You
should consult an attorney for individual advice regarding your
situation.
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