1. What benefits are available under
workers’ compensation?
Injured workers are entitled to weekly compensation
for lost wages, payment of all medical expenses, payment for scarring
and loss of use of a body part, and vocational rehabilitation.
Vocational rehabilitation can include job placement assistance, on the
job training and schooling.
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2. How long do I have to be disabled
from work to be entitled to a compensation check?
You have to be disabled for at least 4 days to be
entitled to compensation for lost wages. No compensation is payable
for the first 3 days of a disability. Compensation begins on the 4th
day.
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3. How is my weekly compensation rate
calculated?
Your weekly compensation rate is based on your average
weekly wage which is the average of your gross earnings from all jobs
where you worked before your injury, including self employed income.
Your average weekly wage is then converted into a spendable base wage,
based on tables published by the State of Rhode Island, which roughly
represents your take home pay. Your weekly compensation rate is 75% of
your spendable base wage up to a maximum that is set by the state for
the year of your injury.
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4. Is the amount of weekly
compensation the same for total disability and partial disability?
Injured workers who receive benefits for total
disability receive an extra $15.00 per week for each dependent. A
dependent is a non-working spouse, minor child or child that is a full
time student in college. Total disability also pays a cost of living
adjustment each year.
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5. How is it determined if I am
totally disabled or partially disabled?
Total disability means the inability to do your
regular job and any other kind of work. Partial disability means that
you can’t do your regular job but you can do light duty types of work,
regardless of whether light duty is available from your employer.
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6. My injury is partially disabling
but I can’t get a job because of my personal background. Does this
allow me to be on workers compensation for total disability?
Under certain circumstances, partially disabled
injured workers can be declared totally disabled. You may be awarded
workers compensation benefits for total disability if your injury
combined with your age, education, background, abilities and training
make you unemployable. This is known as the “odd lot doctrine”.
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7. How long will my benefits last?
Total disability benefits last for as long as you are
totally disabled, even if that is the rest of your life. Partial
disability benefits can continue for up to six years. They will
continue beyond six years only if you prove to the court that your
injury poses a material hindrance to your ability to get a job
suitable to your limitations. At that point, your benefits will
continue as if you were on total disability.
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8. Can my benefits be reduced?
If you are receiving benefits for partial disability
and you reach maximum medical improvement, the insurance company can
petition the court for a 30% reduction in your weekly check. This
reduction will not apply if you are working while receiving
compensation. Also, the implementation of the reduction can be delayed
if you can prove to the court that you are making a good faith effort
at looking for a job or are participating in an approved vocational
rehabilitation plan. The theory behind this law is that there is no
reason why you shouldn’t be looking for a job once you are at an
endpoint in treatment and know your permanent physical limitations. In
fact, you have a duty to do so. If you do make a good faith effort at
looking for work, then a judge has discretion to delay implementing
the reduction. If you don’t look for work, you will be penalized with
a 30% reduction.
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9. Can I work while receiving weekly
benefits?
Absolutely. If you earn any wages while receiving
workers’ compensation, you are required to report those earnings to
the insurance company. The insurance company will pay you part of the
difference between what you were earning before your injury and what
you are earning in your new job. Just be sure to report all of your
earnings to the insurance company. Failure to report earnings is fraud
and may subject you to criminal prosecution.
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10. Can my spouse receive benefits
if I die as a result of my injury?
Yes. Your spouse will be entitled to a $15,000 payment
for burial expenses. Also, your spouse will be entitled to your weekly
benefits plus an additional $40.00 per week for each dependent child.
If your spouse dies or remarries, the weekly benefit will be divided
among your dependent children. If you die leaving no spouse, then your
weekly benefit will be divided among your dependent children.
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11. Do I have to be disabled from
work to be entitled to payment for scarring or loss of use?
No. You are entitled to be paid for scarring or loss
of use caused by an injury even if you don’t lose any time from work.
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