WORKERS’ COMPENSATION LAWYER
Hurt on the job? We always offer a free review of your case. Contact us now for advice about your employee rights.
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Anyone who is seriously injured at work should get help from a trusted Rhode Island Workers’ Compensation lawyer at Marasco & Nesselbush. We can help you avoid the pitfalls, and we can ensure that you receive all possible benefits you are due under the law and under Rhode Island’s Workers’ Compensation system:
DO I HAVE A CASE?
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When you need to fight for workers’ compensation
Workers are the backbone of our economy and the backbone of the American middle class. In Rhode Island, workers have many legal protections and employee rights if they are injured on the job.
It doesn’t matter how or why the worker was injured as Rhode Island’s Workers’ Compensation system is a no fault system. The worker need not show that the employer failed to maintain a safe work environment. Rather, the worker need only prove that his or her injury occurred in the course of employment.
Essentially, if the worker was injured at work, he or she can receive benefits that cover a percentage of lost wages, in addition to the full cost of medical treatment and some other associated payments in the event of disfigurement and/or loss of function (of a body part).
The no fault Workers’ Compensation system avoids the necessity of proving many elements of a typical lawsuit. Rather, Rhode Island’s Workers’ Compensation system is a wage replacement system, designed to compensate injured workers for their lost wages and other losses, in a quick and efficient manner with as little disruption to their income stream and lifestyle as possible.
In exchange for a relatively quick and efficient system, the worker gives up the right to file a lawsuit against the employer and is not paid compensation for pain and suffering.
It sounds easy, doesn’t it? Don’t be fooled; the process of filing for Workers’ Compensation benefits can be difficult and complicated. There are real risks: employers will often argue that your problems were pre-existing, that you were not injured at work, or that you are exaggerating the degree of injury or disability. This complicates the claim and can slow down your receipt of replacement income until there is a resolution of these issues.
“For anyone who is really looking for a team of Attorneys that will fight for you every second of the way, this here is the team you want and need in your corner. Attorney Ryan Kelley and his team helped me through such a difficult time after my accident. The stress of thinking what happens next was lifted off my shoulders.
Communication is key for me, and my M&N team was on point with the level of communication they provided. The get-well cards and flowers after surgery were just a special touch that brightened my day. I wasn’t treated like another number or another case, they really made me feel like family. They really care for you and your wellbeing. Words will never express but I will forever be grateful for all they have done for me. Thank you !!!!!”
– Heather P.
Workers are the backbone of our economy and the backbone of the American middle class. In Rhode Island, workers have many legal protections and employee rights if they are injured on the job. It doesn’t matter how or why the worker was injured as Rhode Island’s Workers’ Compensation system is a no fault system. The worker need not show that the employer failed to maintain a safe work environment. Rather, the worker need only prove that his or her injury occurred in the course of employment. Essentially, if the worker was injured at work, he or she can receive benefits that cover a percentage of lost wages, in addition to the full cost of medical treatment and some other associated payments in the event of disfigurement and/or los of function (of a body part).
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To file a claim, a worker must report the injury or illness to the employer, who is then required to file a claim with the company’s workers’ compensation insurance carrier. The worker should seek medical attention and inform the doctor or other medical professional that your injury or illness is work-related so it is noted in the medical file. Your employer is required under state law to file a “First Report of Injury” form within strict time limits. The employer has only 10 days to file the report from the time of the injury or from when it found out about it. In cases in which the injuries were fatal, the employer must file within 48 hours.
You might assume that your employer will file the correct paperwork, but this doesn’t always happen. Anyone who has suffered a serious workplace injury should get help from an attorney who can manage all of the details so that no filing deadline is passed, and all information submitted to the insurance company meets the requirements, allowing benefits to be paid promptly.
Appealing a claim has time limits as well. You have only 5 days from the date a pretrial decision is rendered. You will then receive a Notice of Hearing which gives you the details about the date, time and location for the hearing on your appeal.
You need to be fully prepared for this hearing. A substantial amount of documentation about your illness or injury must be submitted. You are fully responsible for submitting all of the data at this hearing, and any failure to do so could lead to a negative outcome. A lawyer can help you avoid mistakes that could limit your benefits.
Every injury or illness claim that is related to work is unique in its circumstances. We must know who was involved, the degree of injury and the length of time that a person will be unable to work.
IF SOMEONE OTHER THAN YOUR EMPLOYER IS AT FAULT FOR YOUR INJURY, YOU MAY RECEIVE MORE COMPENSATION; THIS IS CALLED A THIRD PARTY CLAIM.
In some cases, a third party (someone other than your employer) may be at fault for your injury. Examples include maintenance companies that fail to maintain a manufacturing plant; equipment failure, a vehicle accident, an explosion or chemical exposure. If someone or some company other than your employer was involved in your injury, your lawyer can help you pursue a legal action against that “third party” to recover compensation far beyond what you are due under the Rhode Island Workers’ Compensation system. You owe it to yourself (and to your family) to have your case reviewed by the trusted Workers’ Compensation attorneys at Marasco & Nesselbush. We can guide you through the entire process, including filing claims, assisting with appeals of a denied claim and pursuing any potential third-party claims. We offer world class client service while delivering extraordinary legal results!
Contact us today for a free case evaluation. Our goal is to help you recover the maximum possible through every available source. Don’t endanger your Workers’ Compensation case; call Marasco & Nesselbush today for a free consultation.
- Rhode Island Department of Labor and Training: Basic Information for Injured Workers
- OSHA: Commonly Used Statistics
- BLS: Sprains and strains most common workplace injury
- BLS: Nonfatal Occupational Injuries and Illnesses Requiring Days Away From Work, 2013
- Rhode Island Department of Labor and Training: Injured Worker Information