Can workers’ compensation checks be taxed?
No, the money from indemnity is not taxed.
No. Taxes are not withheld from your workers’ compensation check, and this money (“indemnity”) is not taxed
Can a second opinion about my claim be denied by the workers’ comp?
You can ask for a second opinion and get a court order to authorize it in the event it is not authorized by the insurance carrier.
While the worker’s compensation insurance company can certainly deny/refuse to pay for a second opinion, that doesn’t mean you are not entitled to one.
We often have client’s who would like a second opinion, and if the insurance company won’t authorize it, we go to court and get a court order authorizing the second opinion/evaluation and compelling the insurance company to pay for the same.
Is it usual for workers’ comp to settle injured claims?
Sometimes they are interested in settling the claims, however requires both parts to agree to the terms of settlement.
Sometimes, but not always. Settling a workers’ compensation case requires both sides to agree to the terms of settlement. In many situations, the worker’s compensation insurance company will not be interested in settling. In other cases, they may be very interested in settling. It depends on many factors.
If I quit from my job, do I still receive workers’ comp benefits?
Yes, when it is during the time of the incapacity, however ask a lawyer before taking any decision.
The act of quitting your job does not necessarily have any effect on your right to receive workers’ compensation benefits in Rhode Island, but you absolutely should talk to your lawyer before making a decision like that, as depending on the timing and other factors, there could be issues that come up as a result.
Generally speaking, however, if you are already receiving worker’s compensation benefits for a recognized claim/injury and quit your job, you may continue to receive it until such time as your incapacity to do that job (even though you no longer have it) ends.
If I got injured at job, is chiropractic covered by the workers’ compensation?
Yes, you can receive chiropractic attention paid by the workers’ comp insurance.
Yes. You may receive chiropractic care and have it paid for by the workers’ compensation insurance carrier, provide the treatment is reasonable and necessary to treat your work injury.
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 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.
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.
