Are my workers’ compensation benefits taxed?
No, however it is important to consult with an accountant.
You should always consult with an accountant for this and any question regarding taxes. However, workers’ compensation benefits are not taxable.
Can child support be garnished from my workers’ compensation?
Yes. If child support costs are not paid, they can be garnished from your workers’ compensation.
Yes. Liens for unpaid child support can and will attach to your workers’ compensation case.
Can the insurance company or the employer deny me the workers’ compensation even when they are paying it to me?
Yes. They can do this for months, and then inform you they are not accepting your claim.
Yes. Insurance company claims reps and/or your employer can deny your claim for workers’ compensation benefits. This leaves you in the position of having to go to court to fight for your rights. More importantly, in Rhode Island, the insurance company or the employer can begin paying you workers’ compensation and lead you to believe your claim is accepted and everything is fine (i.e. that you don’t need a lawyer). They can do this for several months, and then suddenly inform you they are not accepting your claim.
This can leave you in a precarious and uncertain position. This is why it is always better to consult with a workers’ compensation lawyer ahead of time, even if you believe the claim is being “accepted.”
How can I calculate the amount of my compensation if I got injured at work?
You can calculate your workers’ compensation by using the average weekly wage formula from the R.I. department of labor.
The amount you receive in your weekly workers’ compensation benefit check (sometimes referred to as “weekly indemnity”) is calculated using a statutory formula that is based on your average straight gross earnings during the 13 weeks immeadiately prior to your injury, plus an average of your overtime/bonuses for the 52 weeks prior to your injury, and your dependency status (i.e. single/married/children, etc.).
This formula is used to arrive at your “average weekly wage” (AWW) for workers’ compensation purposes. Your average weekly wage amount (AWW) is then used to determine your “spendable base wage,” which can be ascertained by using the RI Department of Labor’s spendable base wage tables in effect as of the date of your injury.
Find your average weekly wage on the left-most column on the applicable wage table, and then go across that row to find your status on the applicable table columns (i.e. single-2 or married-3, etc.), that number will be your “spendable base wage.” Once you have that number, what you actually receive in your weekly workers’ compensation check will be 75% that number, i.e. you weekly check will amount to 75% of your spendable base wage.