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Category: Workers Compensation Attorney

Workers’ Compensation Attorneys: Rhode Island’s Best

Workers’ compensation provides medical and wage benefits to people who are injured or become ill at work. While coverage by employers is a state mandate, wages and other benefits can vary. In general, insurance represents a social contract between management and labor. It protects workers from the loss of livelihood and management from civil suits if workers are injured on the job. But be advised: policy benefits and protections have limitations. When exceptions, arise worker compensation cases may end up in court. If that happens, you’ll need an experienced attorney to handle the contentious legal wrangling between you and your employer.

Workers’ compensation insurance in Rhode Island is taken very seriously. It not only covers workers employed by companies but sometimes extends to contract workers serving in that independent capacity. Businesses failing to provide worker compensation coverage can face severe and costly repercussions, including payment of claims out of pocket, fines, and possible imprisonment. They can also lose the right to conduct business in the state.

How to File a Worker Compensation Claim

  • The injured parties must visit a healthcare professional immediately so a doctor can provide medical reports to support any claims.
  • Employees then begin the claims filing process, being sure to include any state-mandated paperwork or forms.
  • Once the claims are approved, the recipient will receive their compensation payments and can return to work when they feel ready or when a physician has cleared them for service.

Worker compensation forms should be provided by the company or can be found online. While forms are self-explanatory, having an attorney help with their filling out and filing may avoid payment delays. That all sounds straightforward, right? The fact is many cases do not go smoothly. Employers may challenge claims. When that happens, you need an experienced work comp lawyer on your side.

When Do Attorneys Get Involved?

Depending on your needs, you may be entitled to medical compensation, which employers resist. This includes:

  • Hospitalization
  • Surgery
  • Rehabilitative care
  • Prescription medications
  • Vocational rehabilitation services
  • Long-term care

When you retain Calvino Law Associates, we will:

  • Make sure you get the medical treatment needed
  • Make sure you are reimbursed for out-of-pocket expenses for treatment and medication
  • Negotiate settlements and maximize the compensation
  • File appeals when judgments go against you.

Just because your employer carries workers’ comp insurance does not mean their lawyer won’t try to minimize the payout. We help you maximize benefit payouts by offering detailed advice on the proper steps to take to file an effective claim or appeal. Our assistance in gathering all necessary information, including medical records, accident and incident reports, and medical opinions, is critical to a successful claim.

Claim Appeals

Common reasons why claims are denied include:

  • Failure to notify your employer of your condition within thirty days
  • The insurer believes your injuries do not impact your ability to work
  • The claimant has a pre-existing condition
  • Lack of supporting medical documentation
  • Committing a crime at the time of your injury
  • Being under the influence of drugs or alcohol when injured
  • Violating your company’s code of conduct
  • Errors in paperwork filing
  • Being under the influence of drugs and alcohol when injured

The Calvino Law Associates Promise

Whatever the reason, Calvino Law Associates thoroughly reviews the details of your case and will fight to overturn claim denials and get you the payment you deserve. Call us at (401) 205-3733 or use our online contact form. We serve Providence, North Kingstown, and the surrounding areas in Rhode Island.

Get the legal ball rolling toward getting you the money you deserve, the money to which you are legally entitled. FIGHT BACK. CALL JACK!

Calvino Law Ahttps://www.calvinolaw.com/≥ sociates

373 Elmwood Ave.

Providence, RI 02907

(401) 205-3733

Injured at Work? Things to Consider When Seeking Workers Compensation

Accidents have the potential to affect your life permanently. From respiratory exposure to back and head injuries, it is vital that you get the medical attention you need in order to recover from the injuries that you’ve incurred. But how will you manage to afford all these medical bills?

North Kingstown, as well as the rest of Rhode Island, has a mandated Workers Compensation Act to cover medical expenses and 75% of worker’s base pay for weekly compensation. Under this no-fault system, insurance companies will pay for benefits up to thirteen weeks without accepting legal liability for the injury under the Non-Prejudicial Agreement. If the insurance company chooses this, they will stop paying for your medical bills unless you do something about it. With this, hiring a successful and experienced worker’s compensation attorney is crucial.

To contest the Non-Prejudicial Agreement, you will need to file a worker’s compensation claim in order to set up other settlements with the insurance company to continue receiving compensation. For instance, the Memorandum of Agreement is when the insurance company accepts liability for the injury and will continue to pay for medical expenses and compensation.

Are you able to sue an individual or company for negligence while receiving worker’s compensation? Unfortunately, no. The Workers Compensation Act is a no-fault system, essentially stating that you will receive compensation no matter whose fault it is. However, if this no-fault system does not work for your particular situation, a North Kingstown worker’s compensation attorney can help you file a negligence claim. With this, if you’re successful, the insurance company will pay for medical expenses, pain and suffering, and lost wages that occurred as a result of the injury. Conversely, the insurance company will then have a right to receive reimbursement from any workers compensation that has already been paid out to you.

Despite the difficulties involved in getting injured at work, there are a variety of options to ensure that you are able to get your life back.

Unemployment Appeals Claim: How to Get the Support You Deserve

Finding yourself unemployed is exceptionally stressful when you have to consider your and your family’s future. If your unemployment claim is denied – these kinds of stresses intensify. Suddenly, you realize that you will need to fight for the livelihood of yourself and your loved ones.

There are many reasons why an unemployment claim can be denied in North Kingston including insufficient earnings, voluntarily separation, discharge for misconduct, and refusing suitable work. Sometimes employers will say that you quit voluntarily when you didn’t. In these cases, having an unemployment appeals claim attorney is exceedingly important.

First, you need to file an unemployment compensation appeal within fifteen days of the initial decision to the Department of Labor and Training either my mail, fax, or online. With this, you will then be able to schedule a hearing and have an ability to prove that you are entitled to those unemployment benefits.

One of the most crucial factors in getting unemployment compensation is to gather every possible piece of evidence that shows you meet the requirements to receive the benefits. The type of evidence will depend on the reason that you were denied initially. Some examples are e-mail correspondence, witnesses, documentation that shows you are looking for a job, and any other material that relates to the case. Not only do you want to indicate that you meet the requirements for unemployment compensation, but that you have been looking for a job since the day you became unemployed. What this does is prove to the court that you should receive compensation from the first day of unemployment, instead of only after the appeal hearing.

Also, remember that unemployment compensation appeal will be a “de novo” hearing. What this means is that the Referee will conduct the hearing without bias towards the initial decision. You start with a clean slate. But keep in mind that any evidence you submitted to initially receive compensation will need to be brought again to the hearing.

With a North Kingstown unemployment appeals claim attorney, you’ll have the ability to get the finances you need to support you and your family.

Hurt at Work? How to Get the Compensation

When negligence comes into play, workplace injuries are bound to happen. You could have been the most cautious employee at your job, but when others failed to take proper precaution, you suffered. In Providence, the Workers Compensation Act will ensure that you get the financial support you need, automatically, no matter whose fault it is. However, depending on the severity of the injury, the Workers Compensation Act may not cover everything. Without question, you need a workers’ compensation attorney to make sure you receive all the benefits to which you are entitled after getting hurt at work.

First task you need to complete, is to report your injury to your employer as soon as it happens. Through immediate communication and photo documentation of the injury, you allow your employer to formally document the accident and inform the insurance company.  Whether or not workers’ compensation can fully support you, you need to take that step to get the basic coverage that you need.

Now, if you realize that your workers’ compensation is not enough, there is another way you can seek further restitution – by filing a third party claim lawsuit. If you were injured by a defective product or a toxic substance, you might have the legal grounds to sue a third party for their negligence. Unlike the Workers Compensation Act, you can receive additional compensation for “pain and suffering” as well.

Of course, there needs to be a distinction between the insurance company and third parties. The insurance company from your employer will automatically pay you compensation no matter whose fault it is.  With a third party suit, the defendant needs to be proven negligent and that it was that negligence that caused the plaintiff to suffer.  If successful, you may receive another payout in addition to the workers’ compensation.

Remember: you can’t prevent everything that life throws at you, but you can definitely make choices that will put you in the best situation possible when you are hurt at work in Providence.

What to do after you are hurt at work in Rhode Island

If you are hurt at work, there is no reason to suffer through agony. Rhode Island residents are protected by workers’ compensation laws, which can quickly work to your advantage.

The first thing you need to do after suffering an injury on the job is report the incident. State law stipulates that any company with at least one employee is required to have workers’ compensation insurance. Once you report the incident, your employer must then file a claim with the company’s respective insurance carrier; if your employer doesn’t have workers’ compensation insurance, that needs to be reported immediately.

If the injury occurred in front of other people, gather as many witnesses as you can. Make a list of their names and, if possible, retrieve written statements. Then, make sure to fill out an incident report immediately.

The next step in the process is to seek immediate medical attention. In the event that you are deemed unable to work, bring a written doctor’s note to your supervisor and Human Resources representative.

It is also important to know that you can choose to visit any health care provider you like. Your employer does not have the right to determine which health care facility you need to visit. This is an area where workers should be careful as some companies will urge their injured employees to go to a ‘friendly’ health care provider, which might conveniently recommend a premature return to work.

Next up is seeking out a Providence workers’ compensation attorney. While you are injured, an attorney can help you keep tabs on lost wages and your weekly compensation rate. There is also a need to keep precise medical records and conduct a review of all your information to determine what kind of disability you are entitled to receive.

It is also important to refrain from speaking with an insurance company without first contacting a personal injury lawyer. Insurance companies are always looking for quick and easy settlements so you need to make sure someone is on your side. Do not sign anything without first consulting your lawyer.

If you have been hurt at work in the Providence or North Kingston areas, Calvino Law Associates can provide you with an attorney who will make sure your rights are protected and your mind is at ease. Our courtroom experience and familiarity with workers’ compensation laws are at your service so that you are treated fairly throughout the entire process.

Rhode Island workers’ compensation helps those with Carpal Tunnel Syndrome

When most people think of workers’ compensation injuries, more severe injuries come to mind. The reality is that these injuries can come from simply doing a daily task like typing on a computer or working on a production line. Carpal Tunnel Syndrome affects many workers every year and can be covered under worker’s compensation.

Rhode Island state law gives employees two years after the time of an injury to file a claim. It is not always an easy task to diagnose the exact time when a Carpal Tunnel injury occurred. Nevertheless, that  gives Carpal Tunnel victims in Rhode Island a little more flexibility when filing a claim.

Carpal Tunnel Syndrome is classified as a repetitive strain injury. That is a term used to define the type of injury usually found in the upper body, primarily the forearm, wrists, elbow and hands. Symptoms include constant pain, stinging or tingling sensations, numbness, and cramps. There may not be any broken bones, but Carpal Tunnel Syndrome severely affects ligaments, tendons and muscles.

In some instances, those afflicted with Carpal Tunnel Syndrome require surgery to correct the problem. Recovery from such a procedure can take up to three months, which means more time out of work and the urgent need for a source of income.

With more people working on computers, there are more and more cases of Carpal Tunnel Syndrome popping up among workers. There are ways to diagnose this type of injury. Doctors administer tests to see if workers do indeed have Carpal Tunnel and those tests include an examination of the median nerve, which rugs up the length of the upper arm.

If diagnosed with Carpal Tunnel Syndrome in Rhode Island, there are several forms of workers’ compensation you can receive. There are temporary disability benefits that will provide you with a source of income while you recuperate from your injury. There are also permanent disability benefits should you be deemed unable to return to work. A Providence worker’s compensation lawyer can help you figure out which benefits are right for you.

The Law Firm of Calvino Law Associates has years of experience handling all types of workers’ compensation cases, including ones dealing with Carpal Tunnel Syndrome. When the pain is too much to bear, take action by getting the compensation you deserve. Calvino Law Associates will appoint you an experienced workers’ compensation attorney who will help you on the road to relief.

Finding the Right Workers Compensation Attorney from North Kingstown

The workers compensation laws are very complicated and each state has different limitation on both what and how you can claim from being injured on the job. This means that is vital that you consult the best workers compensation attorney from North Kingstown so that you understand exactly what your legal position is.

Workers Compensation or Civil Lawsuit
There may be limitations on your ability to file a civil lawsuit for a worker’s compensation claim and you may first need to go through a mandated process. In some cases you are not able to file a civil lawsuit at all. It is important that your attorney understand these complicated laws and how to best obtain compensation for your injuries.

It Is Important That Your Attorney from North Kingstown Specializes In Workers Compensation
The complicated nature of these laws and statutes mean that it is vital that you use an attorney that is actively practicing in the workers compensation field. This is because they will have the best understanding of both the merits of your case and how similar cases are successfully prosecuted. It is important to move quickly with your claim so that can ensure you do not fall outside of any time limits imposed on your claim by state law.

Always Check the Merits of Your Case
While there may be limitations on workplace compensation that cover you, your circumstances may mean that you can still bring a case. This is may include injuries both physical and emotional that were inflicted intentionally and were not the result of an accident. This is a major reason why you should always consult a workers compensation attorney in North Kingstown. An expert will be able to explain your legal position and why you can or cannot make a claim so that you have peace of mind no matter the result.

A Workers Compensation Attorney Can Help With Statute Based Claims
Even if you are limited to statute based claims you may wish to have a workers compensation attorney from North Kingstown ensure you are claiming everything you are entitled to. This is not an expensive process and can ensure that you do not make an expensive mistake that can have long term financial ramification for you and your family.