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.
ESIS is a thirty 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.
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.
What is the purpose of workers’ compensation insurance?
The purpose is to pay injured workers’ the benefits they are entitled to under the workers’ compensation laws of the jurisdiction that applies.
Workers’ compensation insurance is a type of insurance that employers can and usually have to purchase by law and carry. Failure to carry workers’ compensation insurance can subject employers to severe penalties.
The purpose of workers’ compensation insurance is to pay injured workers’ the benefits they are entitled to under the workers’ compensation laws of the jurisdiction that applies (usually state law).
The payments are typically handled by the workers’ compensation insurance company (or a company hired by the insurance company to administer workers’ compensation claims).
I was injured at work – What’s workers’ compensation?
Workers’ compensation are benefits paid by insurance that injured workers may receive and must be carried by their employer.
Workers’ compensation is a system created by your state legislature to provide for injured workers. Prior to the creation of a workers’ compensation system, injured workers often had no remedy or benefits to sustain them when they were unable to work and earn. In limited cases, prior to the creation of the workers’ compensation system, injured workers’ only remedy might be to sue their employer and prove that the employer was somehow negligent or at fault for the injuries.
As a result of the workers’ compensation system, however, workers no longer have to sue their employers, or prove fault, on account of their injuries. Rather, injured workers may receive benefits paid by insurance that must be carried by their employer. These benefits can include partial weekly wage replacement while you are hurt and out of work, medical treatment, and other payments.
Therefore, instead of having to show that someone negligently caused their injuries as a prerequisite to recovery, injured workers need only show that they were hurt at work. No fault need be shown. Each state has different rules and features of their workers’ compensation system, and how long you can collect, what you can collect, and what you are entitled to various on a state-to-state basis. You are best served by consulting with a local workers’ compensation attorney to better understand your rights.