Our firm has been appointed in many such cases. If such a settlement is approved, the court will order the insurance company to pay a fee to your court-appointed attorney separate from the settlement. Often, we find the offers made to unrepresented injured workers to be conservative in many cases.

We’ve had situations where the once unrepresented injured worker decides to hire us (there is no cost to hire us) and we ultimately negotiate a settlement greater than what was initially offered by the insurance company.

Even though our fee in such cases is 20%, the client ultimately does better.

No. Taxes are not withheld from your workers’ compensation check, and this money (“indemnity”) is not taxed

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.

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.

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.

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. 

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.

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.  

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.

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.