Make Sure All of Your Rights are Protected
Your injury can be one that was caused by a specific incident such as lifting or falling. It can also be an injury that developed over a period of time due to constant and repetitive use. Illnesses and diseases like lung disorders, heart attacks and stress related problems that were caused by the nature of the job are also covered. A covered injury can also be a pre-existing condition that was not work related but was made worse by your job.
Just because you are receiving a weekly workers’ compensation check does not mean that all of your legal rights are protected.
Insurance companies must file documents with the Rhode Island Department of Labor regarding their responsibility for your injury. Not all documents filed by the insurance company protect your rights to benefits for your injury.
Contact Gary Levine to make sure the documents filed by the insurance company protect your legal rights.
Third Party Negligence Claims
Workers’ compensation does not pay compensation for pain and suffering. Pain and suffering is only paid in a negligence claim and Rhode Island law does not allow you to make a negligence claim against your employer.
However, in addition to your workers’ compensation claim, you can make a negligence claim against anyone other than your employer who was at fault in causing your injury. This is called a third party claim. For example:
- if you were injured in a car accident, you can make a negligence claim against the driver and owner of the car that caused the accident
- if you were injured on a construction site, you may have a negligence claim against the general contractor or a sub-contractor for the project
- if you were injured by defective machinery, you may have a claim against the designer, manufacturer or seller of the machinery
- if you were injured due to an unsafe condition on someone’s property, you may have a claim against the property owner or maintenance company
Third party claims allow you to recover payment for pain and suffering and 100% of your lost earnings and benefits. Your spouse may also have a claim for the impact of your injury on the marriage. Since workers’ compensation does not pay for pain and suffering or 100% of lost wages or the claim of a spouse, it is extremely important to evaluate every work injury to determine if a third party claim exists.
RI Workers' Compensation Information Center
Need more information?
Visit RI Workers' Compensation Information Center to learn more about your rights as an injured worker.
Click here to read a sampling of case results
that Gary Levine has achieved for clients in Workers' Compensation Claims and Third Party Negligence Claims. You will also find out more about covered injuries, medical treatment, vocational rehabilitation, and total disability under the Odd Lot Statute.