RI Workers’ Comp FAQs

RI Workers’ Comp FAQs2020-09-15T19:32:43+00:00

If you have a workers’ compensation question, see below.

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Are Employers Punished for Failing to Notify Their Insurance Company of an Injury?2020-09-16T14:30:08+00:00

Yes, a penalty of $250 will be imposed on an employer that fail sto notify their insurance company of an injury.

What Employers Should Know about Workers’s Compensation?2020-09-16T14:19:21+00:00

The Dept. of Labor and Training provides a guide for employers.

What employers should know about workers comp

Can I Verify if my Employer has Purchased Workers’ Compensation?2020-09-16T14:16:17+00:00

Yes.

Rhode Island state law requires that employers with one or more employees provide workers’ compensation insurance. The Dept. of Labor and Training maintains a database on their website – Workers’ Compensation Insurance Coverage Verification – and includes insurance coverage information for employers that have purchased a workers’ compensation insurance policy and certified self-insured employers.

 

What if I Need Copies of the Documents in my Workers’ Comp. File?2020-09-16T14:23:03+00:00

Your file is a public record and it can be viewed during the Workers Compensations Courts hours of operation.

Copies are available for a fee of fifteen cents ($.15) per page.

What if I Have Any Questions About my Rights (Workers’ Comp Laws)?2020-09-16T14:24:15+00:00
What if I am Unable to make my Court Date?2020-09-16T14:55:40+00:00

Contact your lawyer’s office as soon as possible. If you do not have a lawyer, contact the clerk’s office (401) 458-5000, a referral can be obtained through the Rhode Island Bar Association (401) 421-5740.

Can I Speak Directly with the Judge About my Case?2020-09-16T14:53:26+00:00

No, all correspondence should be made through your lawyer.

Once my Petition is Filed How Long will it Take Before my Court Date?2020-09-16T14:22:04+00:00

A pretrial notice will be sent to you to notify you of your hearing hearing approximately 21 days from the date of filing.

Do I Need a Lawyer to Proceed to the Court?2020-09-16T14:52:12+00:00

While it is not necessary, it is recommended.

A referral can be obtained through the Rhode Island Bar Association (401) 421-5740.

What are the Workers’ Compensation Court’s Hours of Operation?2020-09-16T14:26:41+00:00

8:30 am to 4:30 pm

Where is the Worker’s Compensation Court?2020-09-16T15:08:44+00:00

The clerk’s office is located on the third floor and the workers’ comp. courtrooms are located on the fourth floor of the Garrahy Judicial Court House, One Dorrance Plaza, Providence, Rhode Island.

Is There a Cost for Filing a Workers’ Comp. Petition?2020-09-16T14:31:39+00:00

Yes, all petitions require a twenty-dollar ($20.00) filling fee.

Appeals to the Appellate Division of the workers comp court require a twenty-five dollar fee ($25.00) filing fee. The payments of all fees should be made payable to Workers’ Compensation Court’s administrator

Why do I Need an Attorney?2020-09-16T15:18:47+00:00

The attorney will educate you in your rights and will guide you through the Workers’ Compensation claim process. An attorney will work to ensure that you receive the maximum amount of monies and benefits that your injury or illness entitles you to.

Who is Covered by workers compensation insurance?2020-09-16T15:02:09+00:00

Rhode Island state law requires all employers with one or more employees, to carry Worker’s Compensation insurance. There are some exceptions: sole proprietors, partners, certain real estate, agricultural and domestic services’ employees are not covered. Different workers’ compensation programs serve federal employees, Police and Fire. You can check your employers status here https://www.ewccv.com/cvs/

What will my compensation rate be?2020-09-16T15:21:40+00:00

Estimated at 65% of your gross.

What is Workers Comp?2020-09-16T15:17:22+00:00

Worker’s Compensation is a Rhode Island state mandated insurance program, funded by employers, to provide compensation (money and medical benefits) to employees that are injured as the result of an accident or occupational disease while performing their work duties. Read more…

What is the Worker’s Compensation Initial hearing?2020-09-16T15:01:07+00:00

The injured employee and employer are not required to attend the Workers’ Compensation Initial Hearing if you have a lawyer. Its purpose is to permit the attorneys to notify the judge of what witnesses and any specific evidence that will be presented at trial.

What Is The Statute of Limitations?2020-09-16T15:06:03+00:00

You have two (2) years from the date of an injury to file a claim. There are exceptions, but they are rare.

What is the Pre-Trial Conference?2020-09-16T15:03:54+00:00

This is an informal hearing, typically, scheduled 21 days after filing the petition.

What is the Petition to Review?2020-09-16T15:09:45+00:00

A filing with the Workers’ Compensation court to request a modification to the Memorandum of Agreement.

What is the Independent Medical Exam?2020-09-16T15:19:56+00:00

This is a medical examination requested by the insurance company. Attendance is mandatory.

How is my average weekly wage calculated?2020-09-16T15:06:53+00:00

The average weekly wage (AWW) is calculated based on the 13 weeks wages prior to the week of injury. Add up the 13 weeks of wages and divide by 13 to calculate your AWW. (If applicable, overtime and bonuses are included) For part-time workers, the same methodology applies but uses 26 weeks.

What is a Non-Pedjudicial Agreement?2020-09-16T15:11:35+00:00

This is a document where the insurance company agrees to pay benefits temporarily. This is not an acceptance of liability of responsibility.

How Much Does a Workers’ Compensation Attorney Cost?2020-09-16T14:20:47+00:00

Rhode Island State law mandates that the employers insurance company pay the employee’s attorney fees for representing the employee in court.

How do I verify if my employer has Workers’ Comp coverage?2020-09-16T14:14:40+00:00

Check your employers status here https://www.ewccv.com/cvs/

How do I file a Workers’ Comp Claim?2020-09-16T15:04:55+00:00

To begin the Workers’ Compensation process you must first report your injury or illness to your employer after which your employer must file a claim with the employers Worker’s Compensation insurance carrier. Read more…

How can I avoid being hurt on the Job?2020-09-16T15:15:44+00:00

Rhode Island employers are required by law to provide you with a safe working environment, if you feel that your place of work is unsafe you should notify OSHA ( Occupational, Safety and Health Administration):
Federal Office Building
380 Westminster Mall, Room 543
Providence, Rhode Island 02903
Tel: (401) 528-4669
Fax: (401) 528-4663

Will I be compensated for my scarring?2020-09-16T15:07:49+00:00

Whether the result of the original injury or a subsequent surgery, you are entitled to additional monies for your scarring.

Compensation for Loss of Use?2020-09-16T15:14:14+00:00

In addition to compensation for weekly wage, additional compensation is paid for loss of use of a body part due to the injury itself or the result of a subsequent surgery.

Can I Collect TDI While Collecting Workers’ Comp Benefits?2020-09-16T14:56:23+00:00

No, you cannot collect benefits from both programs at the same time. However, you can collect T.D.I. when workers’ compensation is pending.