Rhode Island is undoubtedly the smallest state but that doesn’t mean it’s any safer for workers. Every year thousands of workers are injured in workplaces throughout the state and some may take months to recover while others may never fully recover from their injuries and be able to return to work. Fortunately, most workers in Rhode Island are covered by workers’ comp. which is available because most employers are required to take out workers’ comp. insurance to cover their workers if they fall sick due to a workplace hazard or trip or are injured. This sounds all very good but insurers don’t always accept a claim and may deny it. This is why it’s important for you to be talk to an experienced Rhode Island workers’ comp. attorney who knows how to handle cases like yours. Rhode Island Workers’ Comp. Law If you are injured at work you need to tell your employer within 30 days of the injury taking place. Once you have done that you have two years to file your workers’ comp. claim. The majority of employers in Rhode Island are required to carry workers’ comp; insurance except for employers of agricultural and domestic workers. The administration of compensation law in the state is by the Rhode Island Workers’ Compensation Board. Some specific occupational diseases are covered by workers’ comp. law, such as anthrax poisoning, hernia, silicosis, and asbestosis. A mental injury may be covered as long as it’s related to the work injury or sickness. An injured employee is entitled to 75% of their average weekly earnings as compensation payable weekly. They also get all medical treatment paid for. Additional benefits include attending the Dr. John E. Donley Rehabilitation Center for occupational and physical therapy, vocational and psychological counseling and involvement in pain management programs. In addition, you may be able to return to work ten days after your doctor has released a note stating you are fit to return to work. Why a Workers’ Comp. Claim May Be Denied Insurers are never eager to pay out workers’ comp. claims and they will be putting out their feelers to see if you are really eligible. The facts that are often disputed include: whether the injury really took place at work the fact that you didn’t report your injury to your employer by the deadline the medical costs were higher than normally expected there was a genuine error on the form that doubted your eligibility. Fortunately, you don’t have to accept a workers’ comp. denial but you are permitted to file an appeal in Rhode Island. Appealing a Rhode Island Workers' Comp. Denial If you received a letter saying your workers’ compensation claim was denied, you are allowed to challenge this decision by filing a petition with a Rhode Island Workers’ Comp. Court. The form you need to complete is an Employee’s Petition for Compensation Benefits and you are required to pay $20. A copy of your petition needs to be forwarded to both your employer and insurer. Within 21 days you will be notified of the date for a pre-trial conference and this is when the judge will encourage you and your employer to reach a settlement agreement. If you can’t agree the judge will make the decision which you can dispute within 5 days of the release of the decision. This leads onto a Claim for Trial, which allows you to have witnesses present and gives you the chance to provide any valid documentation to back- up your workers’ comp. claim. The judge will study the evidence and provide a written decision. If this decision doesn’t suit you may appeal to the Appellate Division within 5 days of being in receipt of the decision. This involves 3 workers’ comp. judges studying the case and either rejecting the last decision or supporting it. You May Need a Workers’ Comp. Attorney to Help You Throughout the whole appeals process, you are allowed to represent yourself but in order to get closer to winning your workers’ comp. claim it’s advisable to talk to an experienced workers’ comp. attorney first. Appealing a workers’ comp. claim requires specific knowledge of workers’ comp. law, especially at the trial stage of your workers’ compensation appeal.
