The Rhode Island Workers’ Compensation Act does provide for a separate benefit, i.e. a separate check and amount of money if you have disfigurement from the injury, whether that is a scar, a burn or some other deformity. Once you are at that point in time, your lawyer and the insurer will meet with you to view the deformity or disfigurement and try to agree on a number or a dollar amount that is fair.

Generally, the rule states that injuries sustained while going to or coming from the workplace are not compensable under the Rhode Island Workers’ Compensation Act and do not entitle the employee to any benefits. In reality, however, case law over time has expanded the number of exceptions to that rule—so much so that it is commonly considered that the exceptions have swallowed the rule. If you are unsure whether your injury qualifies under one of these exceptions, consulting a Rhode Island workers comp attorney can help you understand how the rule applies. You may also find additional background in our RI workers’ comp benefits, which explains how compensability is evaluated.

The offer is a compromise on both sides, because the insurance company could ultimately wind up not owing you anything. On the other hand, you may prevail and they may owe you significantly more than what they initially offered. An experienced attorney can help you weigh these outcomes and assess the true risk. Speaking with our workman’s compensation attorneys can give you a clearer understanding of how settlement negotiations differ from trial results. For broader context on how disputes are decided, you may also want to review our denied claim appeal in RI.

If there is a dispute about whether or not you’re entitled to benefits under the Rhode Island Workers’ Compensation Act, your lawyer may file what is called an original petition, which determines whether you should be on workers’ compensation at all. Once filed, that petition triggers a “pretrial hearing,” which is a court date you and your lawyer must attend. During this hearing, a judge will informally listen to arguments from both sides, review any available evidence, and make a preliminary determination without conducting a full hearing. In some cases, a judge may determine at the pretrial hearing that additional evidence or a full trial is necessary. Our workers compensation lawyers in Rhode Island can help prepare you for this critical first step. You can also learn more about the appeal process in our denied claim appeal in RI.

Oftentimes the idea of settlement will come up in the life of your case during the time when nothing is actually pending in court. It may simply be that you’ve been collecting weekly benefits for some time and the carrier or someone else reaches out and asks whether there’s any interest in ending the case with a lump-sum settlement. For general guidance on how settlement fits into a workers’ comp case, our Rhode Island workers comp attorney can help you understand your options.

This is because the Rhode Island Workers’ Compensation Act is remedial in nature and is designed with benevolent purposes for helping the injured worker. So, the last thing a judge would want to see is that an employee is trying to settle a case that is clearly not in his or her best interest. For general settlement guidance, our workers compensation lawyers in Rhode Island can help you understand how approval works. You can also review our RI workers’ comp benefits to understand how settlements affect long-term rights.

A settlement can’t be approved if the employee does not agree. Likewise, no settlement can move forward unless the insurance company—the party typically funding the settlement—also agrees. In addition, the Workers’ Compensation Act requires a showing before the judge that the employer or employer’s company understands that a settlement is being proposed. To better understand how these approvals work, our RI workers comp lawyers can help you evaluate your settlement options. You may also find it useful to review our denied claim appeal in RI for broader context on how the Rhode Island system handles disputes and agreements. Exploring related topics such as how settlements work or the finality of settlements can also help you understand the process.

Related Articles:

• What are the main types of workers’ comp settlements?

• Is the settlement I agree to final?

• How long does it take to get a workers’ compensation settlement?

• What should I think about before settling my workers’ comp case?

• How is a workers’ comp settlement calculated?

Having said that, if a particular case is the type of case where settlement makes sense, then it will typically take at least six months of being on benefits before settlement discussions even come up. The only exception to this is when an individual is clearly entitled to workers’ compensation benefits and receives compensation for some time. In that scenario, the settlement is usually a lump-sum commutation, which often requires more time to process. For a clearer understanding of settlement timelines, our Rhode Island workers compensation attorney can help explain what factors may speed up or slow down the process. You may also want to review our RI workers’ comp benefits to understand how settlements fit into the broader claims system.

The settlement that you agree to is final. Any settlement must involve an appearance or hearing before the workers’ compensation court so a judge can determine whether to approve the agreement. The judge and the lawyers will question the employee at length to ensure he or she understands the full consequences of the settlement. For general guidance, our workman’s compensation lawyers can help explain what finality means in a Rhode Island settlement. You may also want to review our RI workers’ comp benefits to understand how settlements fit within the broader workers’ compensation system.

A lump sum settlement in Rhode Island workers’ compensation cases is often referred to as a commutation. This situation generally involves a person who has been on workers’ compensation for six months or more. If it does not appear likely that the employee will return to the job for any reason, then a lump sum settlement or commutation may be considered. In these cases, the goal is to calculate a fair number based on how long the worker might still be eligible to receive checks versus the realistic likelihood of collecting those checks before being discontinued by the employer. For a full understanding of how lump-sum options work, our workers comp lawyer in Rhode Island can help explain the process. You may also want to review our RI workers’ comp benefits for broader context on eligibility and long-term rights.