Rhode Island Workers Compensation Lawyer

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The payment of workers' compensation insurance is required if you want to do business in Rhode Island. This insurance covers employees in case of injury, and protects employers from lawsuits in the case of an injured employee. If you have been seriously injured or your claim has been denied, you can hire a workers' compensation attorney to fight for you.

Workers' compensation is a type of insurance that accommodates employees who need compensation for medical care due to an injury during the course of work in exchange for the employee's right to sue their employer for negligence. Plans vary according to jurisdictions, though they can be made for weekly payments instead of wages as a type of disability insurance, compensation for past and future economic losses, the payment or reimbursement of the medical expenses as a type of health insurance, and benefits payable to the depends of workers who were killed as a type of life insurance. Not included in worker compensation plans are punitive damages for employer negligence and general damages for pain and suffering.

When you file a claim for workers' compensation benefits, you will be dealing with an insurance company's claims adjuster. It is not uncommon for them to use any tool available to them to disprove your claim or make you look dishonest. Do not allow them to tape a statement with you until you have reviewed your case with an experienced workers' compensation lawyer. It is never a good idea to allow the adjuster access to you and your condition without first knowing your rights. A lawyer attorney will likely tell you not to make any statement.

An insurance claims adjuster can request a deposition, which will take place with your attorney present, to get your side of the story. The insurance company will probably send you to an independent medical exam. These exams are paid for by the insurance companies, and will more than likely produce the results they desire. You must attend any and all appointments scheduled for you, as the failure to do so could result in a loss of benefits.

Workers' compensation is compulsory in Rhode Island, and waivers are permitted. Employees are allowed to claim common law rights and opt out of the workers' compensation system. There are no numerical exceptions. Those who are exempt are licensed real estate brokers or salespersons, or licensed or certified real estate appraisers, if all remuneration for services performed is directly related to sales rather than the number of hours worked. The employee gets to make the initial choice of a physician, and the waiting period for compensation benefits after an injury is three days. Compensation is retroactive for no time from the date of the injury, as is begins on the fourth day after the injury. Attorney fees can vary from case to case, as there is no real limit on them.

Workers' compensation lawyer attorneys will usually take your case on contingency. This is particularly beneficial to you, as you need no money to get your case started. You only pay if your case is won. The state of Rhode Island caps how much an attorney can charge you. It is dependent on what level the case is won on. The fee is raised occasionally, but currently the cap is approximately $16,000 if the case is fought all the way to the Rhode Island Supreme Court. If you win, you are entitled to lost wages, medical benefits and permanent disability payment. Your attorney will get no percentage of your medical benefits.

If you have been injured at work, you need to understand your rights. You should attempt to work with your employer throughout the workers' compensation claims process, but you may also need the experience and expertise of a skilled workers' compensation attorney on your side. Your employer cannot harass or fire you for filing a claim. If this happens, document and report it to your lawyer attorney right away.


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