Wakefield, RI, Workers Compensation Marasco & Nesselbush
If you’ve experienced a job-related accident that has left you unable to work, you’re entitled by state law to receive workers’ compensation benefits. If you’ve encountered any difficulties in getting your benefits, our Wakefield work comp lawyers can help. Call us to discuss your accident and get the legal help you might need. Your consultation is free and you won’t pay us anything until we secure benefits for you.
Contact us now and get started.
Do I Qualify For Workers Compensation?
Employers are required by the state to have a workers compensation policy in place for their employees. This insurance is paid to injured employees regardless of who was at fault in an accident. If you apply for workers compensation, you relinquish your right to sue your employer for the accident and related losses.
There are three basic legal prerequisites you must meet to be eligible for benefits:
- Your employer must have a workers compensation policy in place or must be legally required to have one
- You must be an employee status of the company. Independent contractors normally aren’t covered
- The accident or injury must have happened at work or be work-related
It is important to note that if your injury was intentionally inflicted or if an accident occurred because you were intoxicated, you will not be eligible for benefits.
What Should I Do After an Accident?
Because it is your employer who files the claim for your benefits with their insurance company, you need to report an accident, injury, or illness to your employer as soon as possible. Usually, you should do it as soon as you discover a work-related illness or injury or – in case of serious accidents and traumatic injuries – as soon you’ve received initial necessary treatment. If your injury precludes you from working for at least three consecutive days, your employer is legally obliged to report your injury and start the compensation claim process.
Workers compensation covers the cost of your initial treatment with your first medical provider (emergency room visits or the company’s doctor do not count as such). Although your employer may suggest a medical provider, you are entitled to make own decision in that regard. If your first medical provider refers you to a specialist, you do not need prior approval to visit that specialist. If, however, you want to change doctors during the course of your treatment, you will need approval from your employer’s insurance provider.
Medical bills related to your injury should be paid in full by your employer’s insurance company. If you are denied coverage, please contact us immediately for advice as to the best course of action.
What Are My Benefits?
Under workers’ compensation, injured workers are entitled to the following financial benefits:
- weekly compensation for lost wages;
- payment for all medical expenses related to the injuries, including medication and rehabilitation;
- payment for scarring and the loss of use of a body part and
- vocational rehabilitation which includes job placement assistance or job training.
If your accident leaves you disabled and unable to return to your previous employment, you may also claim disability benefits payable from the workers’ compensation insurance. You may claim Partial Disability benefits if you are able to adjust to another type of employment but won’t receive as high an income, or Total Disability benefits if you can no longer earn a living.
Workers compensation can also pay death benefits to the family of a worker who died in a work-related accident. Such benefits are normally payable to the immediate family of the deceased such as a spouse or dependent children.
Common Work-Related Accidents
According to the Occupational Safety and Health Administration (OSHA), 5,190 workers were killed on the job in 2016. This means 2016 saw an average of 99 fatal workplace accidents a week, or 14 per day! Tens of thousands more were left seriously injured as a result of job-related mishaps. The majority of these accidents occurred on construction sites or in relation to construction work. The four most deadly types of accidents were falls, being struck by an object, electrocutions, and becoming trapped or stuck in between objects.
Workplace Accidents Can Happen to Anyone
Despite the majority of serious accidents happening on construction sites, the truth is that professionals in all lines of work can experience serious, life-changing accidents while working. Many of these mishaps result in injuries or illnesses that require multiple hospital stays, long rehabilitation, or constant medication. Rarely is it the case that an injured worker can return to work quickly after such a grievous physical setback. This, in turn, can have dramatic consequences on a person’s financial stability.
We Can Help
Marasco & Nesselbush are here to help if you’ve suffered debilitating injuries in a work-related accident. If you find yourself unable to work following a mishap at your place of employment, Rhode Island state law has got your back. Your employer is legally obliged to have insurance in place to provide you with wage replacement for the duration of your recovery time. This insurance may also cover various medical expenses that you might have incurred following the accident.
Our Wakefield work comp attorneys can help you maximize your benefits and make sure that you get the full amount you are entitled to. The assistance of an experienced attorney will be absolutely critical if your employer or their insurance company want to dispute your claim, trying to minimize the impact of the accident on your life in order to avoid payment. These types of disputes involve highly complex legal procedures and thorough knowledge of all the pertaining regulations is essential to successfully fight this battle. Our attorneys have what it takes to see you through this legal struggle.
What Types of Injury are Covered?
While some may associate workers’ compensation only with sudden accidents and traumatic injuries, any kind of injury or illness that occurs as a result of the normal scope and course of your work can be compensated under this insurance. Therefore, benefits can be claimed for injuries and illnesses related to years of repetitive movement or exposure to a harmful or hazardous work environment. An illness that develops or a preexisting condition that gets worse because of the nature of the job or the environment in which it is performed can also be covered by workers compensation. This can include:
- Slip and fall accidents
- Machine crushing or entanglement
- Repetitive motion injuries
- Overexertion injuries
- Falling objects
- Electric shock or electrocutions
- Contact with harmful or toxic substances
How Can an Attorney Help?
An attorney can help you in many practical ways. If you work with one of our workers’ compensation attorneys in Wakefield, we will walk you through the red tape and make sure that each application is filed and documents submitted before the deadline. We will also obtain your medical records and use them to prove the severity of your condition. After reviewing your case, an attorney may also suggest the pursuit of additional third-party claims in relation to your accident. We will protect your rights if your employer retaliates or if the settlement proposed by their insurance company does not fully cover your losses.
No Results – No Fees
When you work with Marasco & Nesselbush, the benefits far outweigh the costs. We won’t charge you for your consultation and will only collect a fee if we manage to obtain benefits for you. Our attorneys have successfully helped countless Wakefield residents with their workers’ compensation cases. Contact us today to discuss your case.