Workers Compensation

One of the most common injuries that occurs in the workplace is an injury to part of the back. Back injuries can occur anywhere from the tailbone up to the neck and can come in many different forms. If someone is injured at work they may be able to apply for workers compensation. For example, a worker in Rhode Island can sustain injury to any of the following:

• Tears, sprains, or strains¹ of the tendons, ligaments, muscles, or other soft tissue
• Fractures or other damage to the vertebrae in the spinal cord
• Damage to the discs that absorb shock in between the vertebrae. 

Any of these types of injuries can have serious effects on a victim’s life, including chronic and debilitating pain, limitations of mobility, and more. In order to heal, a back injury often requires extensive medical treatment, including medication, physical therapy, and even surgery.

” § 28-33-1  Employees entitled to compensation. – If an employee who has not given notice of his claim of common law rights of action, or who has given the notice and has waived the common law rights, as provided in § 28-29-19, receives a personal injury arising out of and in the course of his or her employment, connected and referable to the employment, he or she shall be paid compensation, as hereinafter provided, by an employer subject to or who has elected to become subject to the provisions of chapters 29 – 38 of this title.”  TITLE 28 Labor and Labor Relations CHAPTER 28-33 Workers’ Compensation – Benefits

Common causes of workplace back injuries in Providence RI- workers Compensation 

Some back injuries such as herniated disk at work in Providence can result from one identifiable traumatic accident while others may slowly develop over time due to repetitive job duties. Some of the most common causes of back injuries on the job include:

• Falls from heights
• Heavy lifting, pushing, or pulling or objects or equipment
• Loading and unloading
• Handling awkward objects or equipment
• Repeated bending, stooping down, or reaching up
• Sitting in a non-ergonomically friendly² workspace
• Operating equipment such as jackhammers or excavators
• Driving vehicles without proper seats or shocks over rough terrain
• Performing duties beyond your physical limits and abilities

Workers’ compensation benefits for your back injury

No matter how your back injury happened, you deserve adequate workers’ compensation benefits if your injury was job-related and your employer is required to provide workers’ comp coverage. Benefits can include medical care, partial wage replacement during missed work, and benefits for temporary or permanent disability. Workers’ compensation insurance companies do not always offer you the full benefits you deserve, so it is important to have an Rhode Island workers compensation attorney review your situation to ensure you obtain proper benefits for your back injury.

A RI workers compensation lawyer can help you get the worker’s comp payments that you deserve. Workers compensation lawyers in Rhode Island will be experienced in handling claims in RI workers Comp Court.

References:

¹http://orthoinfo.aaos.org/topic.cfm?topic=A00111

²https://www.osha.gov/SLTC/ergonomics/

by Matt Dolman, Dolman Law

Workers Compensation provides only a modest amount of the total financial loss a family experiences after losing a loved one in a fatal Rhode Island workplace accident. In some cases, survivors have the legal right to seek more generous and extensive financial recovery over and above worker’s comp benefits for a deadly accident if a third party, non employer, tortfeasor is at at least partially at fault and negligent. However, filing a claim for recompense in a RI  deadly workers compensation case can be difficult and usually requires hiring a reputable Rhode Island wrongful death attorney. Sometimes survicors do not know whether a death is work related. A projo obituary will be of no assistance. Information about Covid 19 worker’s compensation claims.

OSHA fatal construction accident stats

According to statistics maintained by OSHA (Occupational Safety & Health Administration), more than 4600 construction employees in the U.S. lose their lives every year in accidents while working on the job. These fatalities are catastrophic and leave surviving families devastated and overwhelmed while grieving. Often times, the loss of the major breadwinner creates a significant impact on the financial stability of the household. Some families cannot afford the cost of a projo obituary never mind a funeral.

Coronavirus and workers compensation in RI

Because of that, surviving family members have the legal right to obtain compensation from a work-associated wrongful death or deadly work related mishaps by using two legal approaches that include:

• Filing a claim for workers’ compensation benefits as a result of the deadly work related mishap
• Filing for a wrongful death lawsuit against a third party responsible and at fault for the fatality.(Pursuant to the RI wrongful death Statute, only the executor of the deceased estate

On the Job Fatality Compensation

Pursuant to RI Law, a spouse, family member, child or parent cannot obtain wrongful death damages, recourse or compensation AGAINST their employer when a worker is killed during the course of their employment. “§ 28-29-21 Wrongful death law inapplicable. – In all cases where an employer and employee have elected to become subject to the provisions of chapters 29 – 38 of this title, the provisions of chapter 7 of title 10 shall not apply while those chapters are in effect.”

Nonetheless,the families of the worker who died in the scope of his employment are not required to prove negligence or fault to obtain benefits. “§ 28-33-12 Death benefits payable to dependents. – (a)(1) If death results from the injury, the employer shall pay the dependents of the employee wholly dependent upon his or her earnings for support at the time of his or her injury or death, whichever is the greater in number, a weekly payment equal to the rate that would have been payable for total incapacity to the deceased employee under the provisions of § 28-33-17, except as provided in this section in case the dependent is the surviving spouse or child under the age of eighteen (18) of that employee. (2) If the dependent is a surviving spouse, or surviving spouse upon whom there is dependent one or more children of the deceased employee including an adopted child or stepchild under the age of eighteen (18) years or over that age but physically or mentally incapacitated from earning, the employer shall pay the surviving spouse the weekly rate for total incapacity the deceased employee would have been entitled to receive under the provisions of § 28-33-17 plus forty dollars ($40.00) per week for each dependent child.”

Proving that an employee died at work is not enough to obtain benefits as a result of the fatality, the RI Workers compensation lawyer must also establish that the death arised “out of and in the course of his or her employment, connected and referable to the employment…” http://webserver.rilin.state.ri.us/Statutes/title28/28-33/28-33-1.HTM

Projo obituary

Obtaining workers compensation benefits for a wrongful death in RI should be simple, but oftentimes insurers and employers neglect to follow worker protection laws. Survivors are entitled to receive these benefits for nearly many on-the-job fatality if the employee died while performing their work duties. In some states, dependents receive ongoing income payments along with reimbursement for funeral expenses and burial costs.

Providence workers compensation court

The rules and regulations governing workers’ compensation in Providence Workers Compensation Court are designed to prevent surviving family members from filing suit against the decedent’s employer, supervisors, associates and coworkers. However, a skilled Rhode Island personal injury attorney or RI workers compensation lawyer with a comprehensive understanding of wrongful death tort law can ensure that the surviving family members receive the compensation they deserve and need.

A reputable Providence wrongful death law firm can seek maximum benefits and available recompense by thoroughly investigating the claim, reviewing circumstances and filing a case against every individual or entity at fault for the work-associated death. In many incidences, a lawsuit can be filed against a third party whose negligent action or inaction contributed to the victim’s death. Potential third party defendants could include:

• Property developers, project managers, architects or engineers
• Faulty tool makers and defective machinery manufacturers
• The driver who caused the work-related accident that killed the victim
• Property owners and/or others in charge of a property who failed to repair a hazardous condition
• Manufacturers of hazardous chemicals or dangerous materials like asbestos that killed the worker through exposure

Filing a Third Party Lawsuit in Providence Superior Court

In some cases, wrongful death attorneys in Rhode Island working on behalf of the executor of the estate and surviving family members will file a lawsuit for compensation against third party negligent tortfeasors. However, the RI fatal accident lawyer must prove that the third part entity negligently, intentionally or maliciously caused the accident through their action or inaction. Third party lawsuits can be filed against any non-employer party at fault for the accident seeking broader financial compensation that includes:

• The mental pain and emotional anguish suffered by the decedent’s surviving family members
• Funds for medical expenses incurred before the death of the loved one
• Funeral and burial costs
• Recompense for loss of companionship and consortium
• The loss of future income of the decedent because of their untimely death

Hiring a top  Rhode Island workers comp Lawyer

Complex workers compensation laws otherwise known as workers comp statutes and state tort law for third party wrongful death lawsuits are often extremely complicated. Surviving family members filing action for benefits and recompense for the death of a construction worker are often well advised to seek the experience of an experienced wrongful death lawyer or Rhode Island construction accident attorney skilled in handling complex construction accident cases.

A reputable Rhode Island personal injury attorney or RI workers Compensation attorneys will gather every necessary report, review medical records, investigate the scene of the accident and prepare the case for the hearing, settlement negotiation or trial. These types of cases are typically handled on contingency. This means that the survivors will have access to immediate legal representation without the need of paying upfront fees. Alternatively, all legal services are paid through the out of court settlement or from a jury award successfully won at trial. More information

Losing a source of much-needed income because of a work-related injury can be devastating on a family. The loss of wages can instantly change the family’s lifestyle and place financial pressure on meeting their debt obligations.

Will workers with Coronavirus be eligible for workers compensation

Rhode Island workers compensation lawyer

It was not that many decades ago when families would have starved in an attempt to fend for themselves after losing the income. Today, many laws have been enacted in Rhode Island  to protect an employee injured on the job, including providing workers’ compensation. A Rhode Island Workers Compensation lawyer will help you get the comp you deserve for your work related injury.

RI worker’s comp.

While these laws were enacted as an ideal transition from receiving money by working to getting paid when suffering injuries on the job, the truth is a bit more complex. Even though there are advantages to receiving RI workers’ compensation, there are also significant disadvantages too.

Advantages and Disadvantages 

Workers’ compensation helps the injured employee by providing funding to pay for medical expenses and lost wages during the healing process. In addition, it helps the employer by protecting them against lawsuits. Long-term disability claims are usually settled through a voluntary agreement between the employer’s insurance company and the injured employee.

Without the skills of a reputable attorney that specializes in workers’ compensation benefits, the employee may be relinquishing rights in a proposed settlement agreement. This could limit their ability to file for additional compensation. An injured worker should consider hiring an attorney as quickly as possible under certain conditions, which could include:

• The injury suffered at the workplace were severe and required surgery
• The injuries could be classified as moderate, significant or severe, limiting their ability to return to their previous health condition
• The injured worker lost the capacity to routinely work at any job
• The injured worker cannot physically return to their current job but has the potential of working in some capacity
• The worker had substantial pre-existing disabilities before the work related incident occurred
• Medical benefits were denied
• The injured worker believes he or she is receiving inadequate benefits and wonder if additional benefits are available
• The workers’ compensation process is difficult to comprehend and legal representation would serve in their best interest

Hiring a Comp. Attorney

An injured employee in Rhode island  has the legal right to obtain a RI workers compensation attorney during any part of the process when filing a workers’ compensation claim. In fact, a providence workers compensation Lawyer may be able to file a third party product liability or negligence cause of action to obtain more compensation through an additional claim or lawsuit. A third party action could be against contractors, vendors or employees of other outside companies that were negligent, reckless or careless in their actions, which led to the injury, accident or incident.

Contacting a reputable Providence workers compensation law firm that specializes in RI  workers compensation claims is usually a step in the right direction. Most East Providence comp attorneys provide a free consultation to review and evaluate the claim.

It is best to seek out legal counsel as quickly as possible to avoid filing any additional claim before the expiration of the state’s statute of limitations. An attorney can help the injured employee seek out the best medical care and obtain adequate recompense for injuries.

Hurt in the workplace

Being hurt in the workplace likely entitles the employee to receive financial compensation for their on-the-job injury. Federal law mandates the rights of all employees ensuring they are provided a safe work environment. RI state laws also make provisions for any work-associated injury. This is important because injured employees often face extensive medical bills and lost wages along with the uncertainty of returning to their job.

Employment related accident in Rhode Island

If you were injured in an employment related accident in Rhode Island, please contact a Rhode Island workers compensation lawyer. A RI workers compensation attorney will explain your rights and how to receive top compensation for your Providence workers comp claim in workers compensation Court in Rhode Island. Under Rhode Island law, it is not necessary for an employee to prove that his or her employer was negligent and at fault for the mishap causing person injury to the worker.

In Rhode Island Work-related accidents can appear suddenly, like slipping and falling on a wet floor, or slowly through disease caused by long-term exposure to fumes, chemicals or other dangerous substances. Some work-related incidences occur as a repetitive stress injury like carpal tunnel syndrome from years of typing, or a back injury caused by years of lifting.

It is essential to seek the best medical treatment the moment the employee knows they have been injured. It is also crucial to notify the employer of the injury as soon as possible and before filing a claim to seek benefits. Typically, the injured employee is offered benefits to pay medical bills along with a portion of their lost earnings.

Liability limitations

Unfortunately, workers compensation systems can be a damaging trade-off for the employee, to the benefit of the employer. Even though the injured worker receives benefits, the system provides protection for the employer to ensure that the employee, under most circumstances, cannot sue them for additional compensation. This liability limitation may prevents the injured worker from seeking compensation for non-tangible damages including pain and suffering,

While the workers compensation system in Rhode Island and Providence Plantations is limiting, the benefits provided by this type of insurance is available to nearly every worker regardless of who caused the accident or incident. This avoids a lengthy court battle with an employer to determine liability just to be compensated for being hurt on the job.

Third Party Lawsuits

In some situations, the injured employee can file suit in providence Superior Court against third parties that might also be responsible for their injuries caused by a work-related accident. As an example, if the on-the-job injury occurred on another company’s property, the property owner or occupier might be liable. Additionally, if the injury is the result of a defective product, like faulty machinery, it might be possible to sue the equipment manufacturer for product liability. If you are injured in a car accident while in the scope of your employment, you could sue the negligent tortfeasor who was responsible for the RI car crash in addition to filing a comp claim.

If an RI personal Injury lawyer can determine that a third party is also responsible for the accident, the compensation received by the injured worker is provided over and above benefits paid by the employer. (the workers compensation insurer may have a lien against the liability claim) If the Rhode Island personal injury lawyer working on behalf of the injured worker can determine that the employer acted negligently, intentionally or not, it might be possible for the victim to file suit for additional compensation.

Typical kinds of work-related accidents include:

• Industrial accident involving explosion, fire or chemical burn
• Manufacturing accident involving conveyor belts, heavy equipment and machinery
• Construction site accident involving collapsed ceilings and walls or falling from scaffolding
• Slip and falls from flooring, ladders and stairways
• Hazard exposure in office buildings, construction projects and industrial sites
• Work-associated vehicle accidents as a fleet driver, courier or commercial driver

Denying the Claim and Rhode Island workers compensation

In some situations, employers or insurance carriers will attempt to minimize the amount of benefits provided the worker injured on the job, or deny the claim outright. As a way to avoid providing compensation, the insurance company might push back claiming the employee’s injuries are far less serious than claimed. Sometimes, employers will indicate the injuries occurred outside the duties of worker’s employment, as a way to minimize the potential of paying higher premiums for workers insurance.

Using a skilled East Providence workers compensation attorney simplifies the compensation process and ensures that the worker can receive adequate benefits for the injuries they have endured. However, because of the state’s liability Statute of Limitations, it is essential that the injured employee hire a workplace accident lawyer immediately.

 Lost wages and the various medical expenses

If you are injured on the job or contract an illness caused by your employment, you may be entitled to workers’ compensation benefits in Rhode Island (RI) to help you get healthy again and cover the cost of missing time at work. These benefits usually include lost wages and the various medical expenses associated with the injury or illness, including the cost of hospitalization, medical care, physical therapy and prescription drugs. Contact a top ri workers comp attorney

Fatality at work

In the event of the death of an employee due to a work-related injury or illness, survivors of the employee, may also make a claim for workers’ compensation death benefits in Rhode Island.  Read about Death benefits in Rhode Island and Providence Plantation workers’ compensation causes of action as a result of a fatal / deadly accident: § 28-33-12  Death benefits payable to dependents.

Employees who are hurt or become sick while on the job

Essentially, workers’ compensation is a form of insurance that covers employees who are hurt or become sick while on the job. In most States some form of workers’ compensation coverage is mandatory for any business with a certain number of employees. But while most workers’ compensation programs are mandated by State law and fully funded by employers, the specific administrations of the different workers’ compensation programs vary from State to State.

Part time employee coverage

For the most part, both full-time and part-time employees are covered by Rhode Island workers’ compensation programs, although specific coverage also varies by State and by occupation. Generally, when someone is injured at work or becomes ill due to conditions related to the job, they must notify their employer and seek medical help before filing a workers’ compensation claim.

Here is the RI workers COMP statute.

The workers’ compensation court determines if the injury or illness is work-related and pay out the claim accordingly. Workers’ compensation programs are essentially in place to make sure employees who are injured on the job will receive monetary compensation without having to go through the various steps of suing their employers and proving negligence. Worker’s compensation in Rhode Island is a no-fault system in which employees are not required to prove their employers were negligent and at fault for the work related mishap.

In lieu of negligence claim?

In fact, workers’ compensation claims are made in lieu of a traditional negligence lawsuit against an employer with the employee trading off their right to sue their employer in order to receive the no fault workers’ compensation benefits.However, employees can still file a negligence lawsuit  for other damages against a third party who may be responsible for the injury or the manufacturers of any faulty products or equipment that may have caused the injury.

Workers comp. laws limit compensation

Most workers’ compensation programs also limit the amount employees can claim and  and some states prevent injured employees from suing co-workers who may have been involved in the specific incident that lead to the injury. Workers’ compensation benefits will often cover lost wages and medical expenses but they will not cover damages for pain and suffering or punitive damages for negligence like a civil suit might.

No fault and workers compensation

In fact, workers’ compensation is considered a no-fault system, where negligence on behalf of the employee or employer is not considered at all and benefits are paid out simply based on whether or not the injury or illness occurred at the workplace or as a result of being on the job.

Preexisting conditions who aggravate an injury

Employees who are injured at the workplace may  be able to make a workers’ compensation claim even if their injury occurred during a scheduled break time or lunch hour. In many States claims can also be made by employees injured during work-related social activities, or those suffering from some form of work-related stress. Even employees with preexisting conditions who aggravate an injury while on the job may be entitled to workers’ compensation benefits.

Employee who is injured travelling to and from work

However, most States will not pay claims to an employee who deliberately injures themselves, an employee who is injured while intoxicated, an employee who is injured travelling to and from work, or an employee who is injured fooling around on the job. If you are injured or become ill while on the job, the first thing to do is seek medical attention. Then you’ll need to report it directly to your employer. Next, you’ll want to make sure to get the injury reported in writing and always keep a copy of that documentation for yourself. You will need to immediately consult with a Rhode Island workers compensation lawyer or a Providence workers comp attorney. Your employer will then be responsible for passing on the claim to its workers’ compensation insurance company or State-run program administrators. Most employers are required by law to have workers’ compensation insurance of some form.

Contacting the best workers compensation lawyers in Rhode Island

Contacting a ri workers comp lawyer who specializes in workers’ compensation, personal injury or employment law may be a necessary next step. An employment or workers’ compensation lawyer can be your best resource for information about workers’ compensation coverage where you work and help you determine your own entitlement to workers’ compensation benefits. If you were injured in the scope of your employment, please contact a Rhode Island worker’s compensation lawyer. A RI workers compensation attorney will help you on the path to getting compensated for your injuries.

Required by RI law

While some occupations have a greater risk of work-related injuries than others do, anyone can be injured on their job. Nearly all employers in Rhode Island are required by RI law to provide workers’ compensation insurance to every employee to ensure coverage in the case of a work-related illness or injury. Workers’ compensation helps individuals injured on the job recover lost wages and pay for medical expenses.

Common types of on-the-job injuries

Individuals can be injured in any line of work in Rhode island. However, the most common types of on-the-job injuries happen to a:

• Construction worker
• Healthcare worker including nurses and nurse’s aides
• Manufacturing and industrial employee
• Warehouse and factory worker
• Commercial driver
• Sanitation worker
• Municipal employee including law enforcement and corrections officer, firefighter and road worker
• Airline and airport employee
• State employee
• Service industry employee including cook, waitress, maid, janitor, delivery driver, child care worker and others
• Miner

Common Injuries

Many individuals working in harsh conditions and dangerous environments have an increased potential of suffering severe injuries including:

• Traumatic brain injury
• Repetitive motion injury
• Burn
• Amputation
• Spinal cord injury
• Occupational disease
• Lung injury
• Fractured bones

Workers compensation accidents in East Providence

Every employer in Rhode Island is duty bound to provide a safe working environment void of any risk of injury. Thankfully, Workers Comp is no fault in Rhode Island. This means that a comp claimant need not prove their employment is at fault for the work related mishap. In addition, the employer is required by law to provide health and safety training to ensure that every employee is using appropriate tools to maximize job safety. Unfortunately, employees are still injured on the job and need to file a workers’ compensation claim.

The most common types of accidents include:

• Repetitive Motion Injury – Many employees can develop a serious repetitive motion injury, especially those straining the same muscles and tendons every day at the job. Typing on a computer five days a week, lifting heavy boxes or standing long hours in one spot can create carpal tunnel syndrome, vision issues, back pain and muscle injuries.

• Machine Entanglement Injury – Factory employees working around heavy machines and equipment need to be especially careful to not become entangled in the machinery. Hair, fingers, shoes and clothing can easily entwine in rotating or moving equipment. It is essential that employees use protective gear to avoid this type of accident.

• Vehicle Accident – An employee driving for the company can be injured in a RI car accident.

• Walking Hazard Injury – Many employees in Rhode Island and Providence Plantations file workers’ compensation claims to receive benefits for accidentally walking into work area hazards including glass windows, cabinets, doors, walls, chairs or tables. The employee can easily injure their head, foot, neck, need or other body part.

• Construction accidents in RI: Falling Object Injury – Objects dropping or falling from a high elevation can cause significant injuries to pedestrians. Hardhats are required on many construction job sites to ensure that the employee remains safe from others dropping heavy objects that could cause them injury or death.

• Reaction Injury – Many times, employees are injured on the job in a slip or trip incident, without actually falling down. Serious injuries can result in strained muscles, body trauma, or other significant medical issue. These accidents are usually the result of slippery surfaces in the workplace.

• Overexertion – Anytime an employee pulls, lifts, holds, pushes, carries or throws objects repetitively at work, their bodies can become easily overexerted, which often leads to injury.

• Exposure – Individuals that work around chemicals and toxins can be exposed to a variety of hazardous conditions in the work environment. Often times, these illnesses take months, years or decades to develop, leading to serious, and sometimes fatal, medical conditions.

Every employer has a duty of care to protect each employee from the potential hazards of an accident or exposure that could cause illness or injury arising as a part of their work. An employer must provide every employee protection from harm while in the performance of their job. If you were injured in a construction accident in RI or a work related truck crash then contact a workers compensation lawyer in Rhode Island. A RI workers compensation lawyer or *Providence workers comp attorneys will help you get the compensation that you deserve. *Providence includes surrounding communities of North Providence, Cranston, Warwick,Johnston, Cumberland, lincoln, East Greenwich and Central falls.

Work-related injury

The CDC reports; “Economic losses that result from work-related injury goes far beyond the direct covered medical costs, vocational rehabilitation expenditures, pensions and wage-replacement costs that comprise the direct cost of a workers’ compensation claim. Employers bear a portion of the loss in the form of indirect cost including production interruption, accident investigation, and the recruiting and training of replacement workers. There is also the long-term loss of earnings, which extends beyond the period of workers’ compensation wage benefits, and is related to the worker’s injuryrelated loss of function or skills. Several studies have used data on earnings from state employment security departments for injured workers and compared them to matched control groups ”  Use of Workers’ Compensation Data for Occupational Injury & Illness Prevention, Proceedings from September 2009 Workshop,  David F. Utterback and Teresa M. Schnorr, Editors DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention National Institute for Occupational Safety and Health DEPARTMENT OF LABOR Bureau of Labor Statistics May 2010 Revised August 2010 CDC 

Legal Notice per Rules of Professional Responsibility: The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any Rhode Island injury lawyer / attorney as an expert or specialist in any field of practice. While this firm maintains joint responsibility, most cases of this type are referred to other attorneys for principle responsibility.