The Rhode Island workers' compensation system is a form of no fault insurance designed to provide assistance to injured employees for medical expenses and lost wages.
The Division of Workers' Compensation monitors the workers' compensation system, ensuring that appropriate documents are filed to protect injured workers and employers, that claims are paid correctly, and that all required employers have insurance coverage. The Division also compiles information about injuries and costs, provides educational services, and carries out fraud prevention. The John E. Donley Rehabilitation Center provides physical and vocational rehabilitation services for injured workers.
Several other agencies are also involved with workers' compensation. The Workers' Compensation Court handles legal disputes. The Medical Advisory Board provides oversight and guidance for medical treatment of workers' compensation injuries. The Department of Business Regulations regulates the rates and licenses of insurers who write workers' compensation insurance.
Rhode Island's system of worker's compensation (workman's comp) is compulsory, meaning that employers are required to provide worker's compensation insurance for their employees. Worker's compensation insurance may be provided through a competitive state fund, a private insurance carrier, or employers may self-insure. Employees are permitted to assert their common law rights, and to opt out of the worker's compensation system.
Certain licensed or certified real estate brokers, salespersons, and appraisers may be exempt from the state's worker's compensation act, if their compensation is primarily based upon sales or commissions. Agricultural employers who employ twenty-five or more farm laborers or agricultural workers for more than thirteen consecutive weeks, raising specified crops or livestock, must provide worker's compensation coverage. Agricultural employers may otherwise secure worker's compensation coverage voluntarily, but are not statutorily compelled to do so. Employers may provide voluntary worker's compensation coverage for domestic servants.
Full medical benefits are provided to employees entitled to worker's compensation benefits, with no time or monetary limits. Initial choice of physician is made by the employee.
Payments are made for temporary total disability (TTD) in an amount determined by a percentage of the worker's wage, subject to a weekly maximum payment amount. Payments continue for the duration of the disability.
Wrongfully injured? Talk to an accident attorney for free.
Payments are made for permanent total disability (PTD) based upon a percentage of the worker's wage, subject to a weekly maximum payment amount. Payments for PTD continue for the duration of the disability.
Payments for permanent partial disability (PPD) are made based upon a percentage of the worker's wage, subject to weekly minimum and maximum payment amounts. Payments for PPD may continue for up to 312 weeks.
Scheduled awards are paid in addition to total temporary disability benefits, concurrently with the TTD benefits. Scheduled awards are not reduced because of receipt of TTD benefits.
Benefits may be available for permanent bodily disfigurement.
Physical and vocational rehabilitation benefits are available.
With certain constraints and filing deadlines, occupational hearing losses may be compensable.
Death benefits are payable to an employee's surviving spouse, or spouse and children, based upon a percentage of the employee's wages, subject to a cap. A burial allowance is available.
Attorney fees for claimants are approved by the court on a case-by-case basis. In certain cases, the attorney fee may be added to the award. In some case however you as the injured party are responsible for the attorney’s fees. Each case is different and could go wither way. So don’t think that you will get an attorney free because there is a chance that you will not get one free. If you are paying for the injury lawyer take the time to research the lawyers in your area and make sure you get a good one.
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