Do you need a lawyer for workers’ comp?​

Do you need a lawyer for workers' comp?

Question

Do you need a lawyer to get a workers comp settlement?

Answer

In Rhode Island, if you do not have a workers’ comp lawyer and the insurance company offers you a settlement, the court will appoint a lawyer for you to review the proposed settlement and advise you and the court as to whether it is fair and in your best interests.

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Should I get a lawyer for workers' comp?

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.

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Are Workers’ Comp Checks Taxed?

Are Workers' Comp Checks Taxed?

Question

Can workers’ compensation checks be taxed?

Answer

No, the money from indemnity is not taxed. 

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Are Workers' Comp Checks Taxed?

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

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Can Workers’ Comp Deny A Second Opinion?

Can Workers' Comp Deny A Second Opinion?

Question

Can a second opinion about my claim be denied by the workers’ comp?

Answer

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.

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Second Opinion Authorized for Workers' Comp

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.

 

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Will Workers’ Comp Settle?

Will Workers' Comp Settle?

Question

Is it usual for workers’ comp to settle injured claims?

Answer

Sometimes they are interested in settling the claims, however requires both parts to agree to the terms of settlement.

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It Requires Both Sides to Agree to the Terms

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.

 

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Will Workers’ Compensation Pay If I Quit?

Will Workers' Compensation Pay If I Quit?

Question

If I quit from my job, do I still receive workers’ comp benefits?

Answer

Yes, when it is during the time of the incapacity, however ask a lawyer before taking any decision.

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Factors Like Time of Quitting Could Affect The Result

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.

Benefits Keep For The Time Of Incapacity

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.

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Will Workers’ Compensation Pay For Chiropractic?​

Will Workers' Compensation Pay For Chiropractic?

Question

If I got injured at job, is chiropractic covered by the workers’ compensation? 

Answer

Yes, you can receive chiropractic attention paid by the workers’ comp insurance. 

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Will Workers' Compensation Pay For Chiropractic?​

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. 

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Can I File Workers’ Compensation For Stress?

Can I File Workers' Compensation For Stress?

Question

Can I make a workers’ compensation claim for stress?

Answer

Yes, but it’s difficult to get the claim so it’s recommendable to have an expert by your side. 

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Can I File Workers' Compensation For Stress?

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.

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Who Is Esis Workers’ Compensation?

Who Is Esis Workers' Compensation?

Question

Who Is Esis Workers’ Compensation?

Answer

This is a company that manages the workers’ comp claims for the employer or the insurance company.

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Third party company that handles workers' comp

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.  

 

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Can a Workers’ Compensation Claim Be Reopened?

Can a Workers' Compensation Claim Be Reopened?

Question

Can I reopen my workers’ compensation claim?

Answer

It depends if you received any settlement to end the workers’ compensation case or if you get injured again while you are working.

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When can the claim be reopened?

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.

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Can Workers’ Compensation Be Retroactive?

Can Workers' Compensation Be Retroactive?

Question

If I was injured at work, Can my workers’ compensation benefits be reatroactive?

Answer

Yes, you will receive benefits retroactive to your first date of disability.

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Can workers' compensation be retroactive?

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.

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