Kirshenbaum & Kirshenbaum When You Need Workers' Compensation

If you’ve suffered a job-related injury, you may wonder if you have a workers’ compensation case. To ensure that you navigate what can be a complicated claims process, it’s important to hire legal representation to help file your claim. If filed properly and on time, your worker’s comp claim may provide financial support for lost wages, medical expenses, and disability benefits.

If you’ve been hurt at work, talk to the experienced workers’ comp lawyers at Kirshenbaum & Kirshenbaum. Contact us online, or call our Warwick office at 401-946-3200 to schedule your free consultation. Our attorneys help employees injured at work in Providence, Warwick, and all areas of Rhode Island.

Workers’ compensation is a critical lifeline for Rhode Island employees who are injured on the job. While the Plantation State’s workers’ compensation system can provide disability benefits and medical reimbursement, securing fair compensation can be frustrating. Even if you receive an offer from the insurance company, it might not guarantee the benefits needed to see you through to better days. How long to receive workers' comp in Rhode Island | RI Workers' Compensation Lawyer

Workers’ Compensation Coverage in Rhode Island

Rhode Island’s no-fault workers’ compensation system provides for several types of benefits, including the following:

Partial disability

An employee may receive partial disability benefits if they are not totally disabled but cannot earn their regular wages.

Total disability

Total disability provides benefits if the worker is physically incapable of earning any wages for the period of their coverage.

Under most circumstances, workers who were recently injured could be entitled to benefits of up to 62% of their average weekly wage. However, benefits are not disbursed immediately, and employees may have to wait to receive compensation.

Coverage Can Kick in Quickly, but Your Benefits Could Be Renegotiated

Workers’ compensation can begin disbursing benefits within four days of the date of injury, with the first payment typically sent within two weeks. However, compensation offers differ in their characteristics. In general, there are two types of workers’ compensation agreements: memorandum of agreement and non-prejudicial agreement.

Memorandum of Agreement

A workers’ compensation insurance company can offer injured employees a memorandum of agreement, which documents its acceptance of liability for an injured workers’ claim. The memorandum of agreement describes the injury, the worker’s weekly wage, and the accepted compensation rate and disability status.

The benefits provided by a memorandum of agreement cannot be stopped without the consent of the worker. Under certain, limited circumstances, a court may also issue an order to cease further payments.

Non-Prejudicial Agreement

A non-prejudicial agreement allows the insurance company to initiate weekly payments without accepting legal liability for the claimed injury. If a non-prejudicial agreement is accepted, the insurer may provide benefits for up to 13 weeks.

Unlike a memorandum of agreement, the non-prejudicial agreement permits the insurance company to stop payments at any time within the 13-week period for any reason.

If the company continues to pay benefits beyond the initial 13-week period, the insurance company has—in effect—accepted and established legal liability for the injury and may be obligated to continue disbursing benefits.

The Importance of Filing a Timely Workers’ Compensation Claim

If you are injured at work or become ill on the job, you should immediately notify your employer of your condition. Your employer must inform their workers’ compensation insurance company if your injury causes you to miss more than three consecutive days of work. Once the claim has been initiated, the insurer will file a First Report of Injury to begin collecting documentation of your injuries and disbursing benefits.

However, even though Rhode Island’s no-fault workers’ compensation system provides injured employees with the means to obtain compensation for lost wages, disability, and medical benefits, insurance companies are not always willing to honor good-faith claims.

How an Adjuster Could Try to Undermine Your Claim

  • Interviewing your coworkers and neighbors
  • Sending an investigator to follow you
  • Pressuring you to find a new job, so they no longer have to provide benefits

You may also be asked to fill out time-sensitive paperwork—paperwork that is riddled with legal jargon and can be difficult even for lawyers to decipher. If you make even a minor mistake when filing a workers’ compensation claim, your benefits could be delayed.

Have You Been Injured On The Job In  Rhode Island?

If you've been hurt at work you need to speak with an experienced workers' compensation lawyer as soon as possible. Please contact us online or call our Warwick office directly at 401.946.3200 to schedule your free consultation. We help work injury victims in Providence, Warwick and all areas of Rhode Island.

Christopher L. Russo
Helping Rhode Island personal injury victims for nearly three decades to get the compensation they deserve.