Providence Rhode Island Workers Compensation Attorney
While most workplaces are relatively safe, accidents can and do happen. In these instances its wise to hire an experienced Providence Rhode Island Workers Compensation Attorney. Common workers compensation claim situations:
- slip and falls
- repetitive type of injuries
- scarring and disfigurement
- lung disorders
- stress-related illnesses
- long-term diseases sustained under toxic or unsafe working conditions
Common Rhode Island Workers Compensation injuries:
- Back injuries
- Carpal tunnel syndrome and other repetitive motion injuries
- Assembly line accidents
- Construction site accidents
- Equipment failures and malfunctions
- Exposure to toxic substances
- Traffic accidents that occur while you are on the job
Rhode Island Workers Compensation Attorney
At Law Offices of Michael Campopiano we can help you with your Workers Compensation claim in the areas of:
- Rhode Island Workers Compensation
- Maritime, Longshore, and Harbor Workers Compensation
- Third Party Injury Workers Compensation
In Rhode Island and most other states in the US, Workers Compensation insurance coverage is mandatory for your employer. Employers are obligated to provide clean, safe working environments for employees. If you are injured while on the job there is every good reason to expect that you will be eligible to file a claim for Workers' Compensation benefits. It doesn't matter who may be at fault.
Some of the benefits that may be available to you as an injured worker include:
- Weekly payments for lost wages
- Coverage for medical expenses
- Loss of use and permanent injury and scarring compensation
- Vocational rehabilitation
When you are out of work due to an injury, there is nothing more important than healing. The Law Offices of Michael Campopiano understands that you are already handling several stressful situations ranging from concerns over wage loss, job security, time missed from work, and medical bills and financial issues, not to mention healing and rehabilitation for your injury. We are paid a fee only if we are successful. Our payment comes out of what you recover. We can offer you a Rhode Island Workers Compensation Attorney that will allow you to focus on healing. We handle every aspect and detail of your Rhode Island Workers Compensation claim from the time of your injury to the day of settlement, and beyond.
Why you need a Rhode Island Workers Compensation Attorney
Workers compensation is a system that is publicly sponsored and allows for a worker to access monetary benefits in the event of an injury or disability occurring while in employment. When you agree to receive workers compensation, you forego your right to sue your employer for negligence. This bargain protects both you and your employer. To get the guaranteed compensation, you will withhold from any further recourse while your employer consents to covering a specific amount of liability while simultaneously avoid any potential increased damage of a negligence lawsuit. All persons concerned will avoid incurring costs in legal fees needed for processing a trial. Here is the insights on why you need a Rhode Island workers compensation Attorney
What does Workers Compensation Cover?
Most compensation covers offer you coverage for any medical expenses that are related to sustained injuries acquired in your place of employment. In some cases, you may receive compensation that is equivalent to a sick pay while recovering during your medical leave. If the injuries you get result in your demise, then your family or those you have denoted as your dependants will receive the payment. It is best that you consult with a Rhode Island Workers Compensation Attorney even as you decide who you would prefer to receive payment in case you are involved in a fatal accident.
You should not confuse a workers compensation claim with unemployment income or disability insurance. Disability insurance will pay out when you become disabled or just injured while the workers’ compensation is constrained to injuries sustained in the workplace. Further, workers' compensation will not cover you while unemployed. Also, workers’ compensation is non-taxable unlike the disability benefits or unemployment income.
Jurisdiction of Workers Compensation
In US, individual states have their custom compensation policies. The Labor Department which houses the Workers Compensation Programs office only handles coal miners, longshoremen, and federal employees. A Rhode Ialsnd Workers Compensation Attorney will help you through the state and company literature and outline for you what is stipulated in both. There are no blanket fees paid to similar injuries, get information from your attorney especially if you are involved in a high-injury risk vocation.
What qualifies you for Compensation?
Your employer must have workers’ compensation coverage
The responsibility of the employer depends on the number of employees he/she has, the nature of the business, and the type of work that each employee is engaged in. Some states allow charities to choose whether to have a compensation system or not. Texas is the only state which allows for private employers to choose whether to have coverage or not. An employer will buy a compensation plan in the private market while some states offer a state fund where employers can purchase the same. If you are a federal employee, you will need to look at the federal workers compensation scheme rather than the state system in the event of filing a claim. If you are unsure on how to go about it, talk to an experienced Rhode Island Workers Compensation Attorney for assistance. It is worth noting that federal laws have different rules for injured railroad and maritime work
You must be an employee on the premises where the injury occurs
Not all employees are eligible for compensation coverage for example consultants and freelancers. Even though as an independent contractor you may have signed the 1099 tax form, it is still possible to have qualified for a workers’ compensation though this will most likely be resolved in a court of law. In such a case, the court will assess the relationship you have with the employer as well as the amount of independence you have on the work. Volunteers are also not covered although in some cases, such as volunteer firefighters, are compensated for injuries.
The illness or injury must be related to your work
Anything you do for your employer’s benefit is work-related. If you get injured while engaged in anything that is work-related, you become liable for compensation. For example, if you become ill from chemical exposure in the factory you work in, you will claim compensation. However, there are some situations where deciding on whether you should be compensated becomes a tricky situation. For example, if you get injured in a social event sponsored by your employer or while on your lunch break. In such cases, having a Rhode Island Workers Compensation Attorney advice you and take up legal steps if necessary, will be beneficial to you.
Deadlines for reporting and filing claims
Each state has a stipulated deadline within which you should have reported and filed for compensation. You stand to lose on your benefits for late claims. Ensure you are well informed on your state laws on time limits
Who is exempt from workers compensation?
You may meet all the aforementioned criteria and still not make it for eligibility of compensation. This will happen if you are one of the following:
- A domestic worker: Most states will not expect your employer to extend coverage to you if you are working in a private home. However, some states only exclude domestic workers who are on a part-time work agreement. Other states also exclude remodelling workers and gardeners working in private homes.
- Farm workers: If you are working in a small farm, you will be exempted from compensation. However, in Texas, you will receive workers’ compensation for any work-related injuries.
- Seasonal or casual workers: Some states will exempt you from coverage if you are a seasonal or casual worker and if the work was not part of the regular business of the employer
- Undocumented workers: If you are an immigrant with no legal work status you will be exempt from coverage except in some states such as Florida, Texas, and California
When to Talk to a Rhode Island Workers Compensation Attorney
- If you get injured at your workplace and your employer denies your eligibility for claims benefits- because you have been contracted as an independent worker- you will need to consult a Rhode Island workers compensation attorney. Although you are an independent contractor, it may very well be that your quest for compensation is legally valid. It is a common thing for insurance companies and employers to place hurdles that will prevent you from claiming your benefits. An experienced attorney will help you get what you rightly deserve in compensation while protecting your rights.
- If your permanent disability rating is in question and the insurance company disputes the doctor’s injury rating, you will be requested to see a doctor of their choosing. In such cases, the insurance company seeks to get a lower rating to justify paying you a lower compensation. An experienced attorney will help you in retaining a higher rate for a better payout.
- If a work-related injury affects a part of your body that already had a pre-existing condition, the insurance company will dispute payment claims. An attorney will help you prove that the work-related injury is independent of the pre-existing condition.
The insurance company can delay or even deny issuing medical treatment including medication or surgery. An attorney will pressure the insurance company to agree to a fair settlement. Once you start receiving payment, other benefits will be minimized such as the SSDI. An attorney will ensure you receive the highest amount in these benefits.
Finally, if your compensation claims goes into hearing in a court of law, it will compromise your livelihood. A good attorney will represent you at the trial proceedings for your own best interests.
If you have been injured at work and would like more information about filing a Workers Compensation claim, contact a Rhode Island Workers Compensation Attorney at The Law Offices of Michael Campopiano now at 401-288-3888 for a free consultation.
Providence Rhode Island Workers Compensation Attorney Office
Law Offices of Michael Campopiano - Rhode Island Personal Injury Attorneys
127 Dorrance St
Providence , RI 02903