Skip to content

Month: October 2019

Can Workers’ Compensation Be Taxed?

Can Workers' Compensation Be Taxed?

Question

Are my workers’ compensation benefits taxed?

Answer

No, however it is important to consult with an accountant.

title-amp

Consult an accountant for taxes topics

You should always consult with an accountant for this and any question regarding taxes.  However, workers’ compensation benefits are not taxable.

Win Your Workers' Comp or Personal Injury Case

Can Workers’ Compensation Be Garnished For Child Support?​

Can Workers' Compensation Be Garnished For Child Support?

Question

Can child support be garnished from my workers’ compensation?

Answer

Yes. If child support costs are not paid, they can be garnished from your workers’ compensation.

title-amp

Can Workers' Compensation Be Garnished For Child Support?

Yes.  Liens for unpaid child support can and will attach to your workers’ compensation case.

Win Your Workers' Comp or Personal Injury Case

Can Workers’ Compensation Be Denied?

Can Workers' Compensation Be Denied?

Question

Can the insurance company or the employer deny me the workers’ compensation even when they are paying it to me?

Answer

Yes. They can do this for months, and then inform you they are not accepting your claim. 

title-amp

Can Workers' Compensation Be Denied?

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.

Consult An Expert In Advance

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.”

Win Your Workers' Comp or Personal Injury Case

How Is Workers’ Compensation Calculated?

How Is Workers' Compensation Calculated?

Question

How can I calculate the amount of my compensation if I got injured at work?

 

Answer

You can calculate your workers’ compensation by using the average weekly wage formula from the R.I. department of labor. 

title-amp (1)

The Weekly Indemnity Formula

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.).  

How To Determine Your Spendable Base Wage?

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.

Win Your Workers' Comp or Personal Injury Case

October 2019 - Simone & McCahey LLP Skip to content

Month: October 2019

Can Workers’ Compensation Be Taxed?

Can Workers' Compensation Be Taxed?

Question

Are my workers’ compensation benefits taxed?

Answer

No, however it is important to consult with an accountant.

title-amp

Consult an accountant for taxes topics

You should always consult with an accountant for this and any question regarding taxes.  However, workers’ compensation benefits are not taxable.

Win Your Workers' Comp or Personal Injury Case

Can Workers’ Compensation Be Garnished For Child Support?​

Can Workers' Compensation Be Garnished For Child Support?

Question

Can child support be garnished from my workers’ compensation?

Answer

Yes. If child support costs are not paid, they can be garnished from your workers’ compensation.

title-amp

Can Workers' Compensation Be Garnished For Child Support?

Yes.  Liens for unpaid child support can and will attach to your workers’ compensation case.

Win Your Workers' Comp or Personal Injury Case

Can Workers’ Compensation Be Denied?

Can Workers' Compensation Be Denied?

Question

Can the insurance company or the employer deny me the workers’ compensation even when they are paying it to me?

Answer

Yes. They can do this for months, and then inform you they are not accepting your claim. 

title-amp

Can Workers' Compensation Be Denied?

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.

Consult An Expert In Advance

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.”

Win Your Workers' Comp or Personal Injury Case

How Is Workers’ Compensation Calculated?

How Is Workers' Compensation Calculated?

Question

How can I calculate the amount of my compensation if I got injured at work?

 

Answer

You can calculate your workers’ compensation by using the average weekly wage formula from the R.I. department of labor. 

title-amp (1)

The Weekly Indemnity Formula

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.).  

How To Determine Your Spendable Base Wage?

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.

Win Your Workers' Comp or Personal Injury Case

Angelo Simone and Shelagh McCahey’s dream was a law firm truly built upon a core value of excellence, without compromise. This law firm is the result of that dream. It is also the result of many long conversations about what is truly best for the client, what actually drives truly excellent results, and why many lawyers—even those who have done quite well for themselves—simply don’t hit the target.

128 Dorrance Street, Suite 530, Providence, RI 02903

(401) 321-2020

Simone & McCahey LLP
Rated 5 out of 5 based on 24 Google Reviews.

Copyright © 2019 Simone & McCahey LLP. All Rights Reserved.