Can I make a workers’ compensation claim for stress?
Yes, but it’s difficult to get the claim so it’s recommendable to have an expert by your side.
Yes, however, pure stress claims are very difficult in the workers’ compensation arena, and you should hire a lawyer and expect the matter to be contested.
Who Is Esis Workers’ Compensation?
This is a company that manages the workers’ comp claims for the employer or the insurance company.
We successfully deal with ESIS on behalf of injured workers on a daily basis and have experience with their approach.
An injured worker dealing with ESIS should have an experienced lawyer on their side.
ESIS is a third party company who often administers (i.e. handles) workers’ compensation claims on behalf of the insurance company (or employer) providing the workers’ compensation insurance coverage itself.
Can I reopen my workers’ compensation claim?
It depends if you received any settlement to end the workers’ compensation case or if you get injured again while you are working.
It depends on how it was “closed,” so to speak. If you received any type of “settlement” to end your workers’ compensation case (i.e. a lump sum commutation or a denial and dismissal), then the answer is no, you cannot reopen your case, and indeed you would have had to have stated to a judge at the settlement hearing that you understand the case is over forever and all time and that you can never come back to reopen it.
If on the other hand, you returned to work and began having problems again or you injury reappeared or worsened and you have to come out of work again, then yes, you may “reopen” your case in that sense.
If I was injured at work, Can my workers’ compensation benefits be reatroactive?
Yes, you will receive benefits retroactive to your first date of disability.
Yes, once your work injury is accepted and/or memorialized as entitling you to workers’ compensation benefits, you will receive benefits retroactive to your first date of disability, minus any amounts you may have received in TDI or other wages.
Keep in mind, however, that there is a statute of limitaitons in Rhode Island that provides you must file your case no later than two (2) years from the date of injury. If your date of injury and first date of lost time are different, consult with a lawyer regarding any questions you have regarding the statute of limitations.
