Providence Partial Disability Attorney
Partial disability occurs when an employee suffers a workplace injury that results in the inability to earn full wages. It is not a full or complete inability to work; rather, the injury merely leads to a hardship in completing the requirements of the job to the fullest degree and, thus, earning normal and expected wages. If you or someone you love has suffered a workplace-related injury that resulted in partial disability, the Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd. are here to help.
Under Rhode Island workers’ compensation laws, a partially disabled employee is eligible to receive a portion of their weekly pay while addressing their injuries. This portion is determined through calculations involving the differences between wages earned before and after the injury that caused the partial disability. However, filing a disability claim is complex, and it can be difficult to obtain the benefits you deserve. Often times, employers will try to question the severity of the disability incurred from a job-related injury, leading to lower benefits amounts being received by the injured employee. Requesting reinstatement and accommodations may also be met with a fight by your employer, despite your rights to such.
At the Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd., we know how tough it is to cope with a work-related injury. If you or someone you love has suffered an injury on the job, and you are pursuing a partial disability claim, call us today at (401) 751-8855. Our knowledgeable Providence partial disability lawyers will help you understand your rights and make sure that you get the justice you deserve.
Why Choose Us?
If you find yourself with a partial disability due to an accident at work, it is important to seek an attorney who can represent you and ensure you file for workers’ compensation correctly. It is important to note that workers’ compensation insurance only covers economic losses and, in most instances, bars you from suing your employer. So it is to your advantage to have an experienced attorney look into your case and recommend the best course of action in recovering for your injuries and newly acquired disabilities. This is especially important in cases where there may have been negligence on the part of your employer that caused the accident. At the Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd., we have the experience to help you assess the pros and cons of filing a claim for workers’ compensation. With a practice dedicated solely to workers’ compensation claims, we will help you understand your rights and get you the benefits you deserve. Speak to one of our attorneys before accepting payment through your employer’s workers’ compensation insurance coverage to ensure you are not acting against your best interests.
What Does a Partial Disability Claim Entail?
Partial disability benefits can begin as early as the fourth day from the date the injury causing disability was suffered. Partial disabilities are not as well-defined as permanent disabilities are. The broad rule is that an employee is considered partially disabled if the employee is capable of returning to work, but cannot work as much or earn as much due to the injuries. In order to show a partial disability, it is important to report any on-the-job injury to your employer immediately. This is especially important if you cannot return to work for at least three consecutive days from when the accident occurred. Upon making this report, an impartial medical exam should be performed. A medical diagnosis will clarify the limitations you may or may not have in your vocation.
It is important to remember that you have a right to return to your job if you can perform with reasonable accommodations provided by your employer. If you wish to do this, you must request reinstatement within 10 days from the date the physician who examined you releases you for work. If for some reason, your job has already been filled with a replacement, you are still entitled to reinstatement. Further, if the job is no longer available, your employer is under an obligation to reinstate you in any other comparable position relative to your skills, education, abilities, and work history.
What Compensation Benefits Exist for Partial Disability?
If it appears that you have developed a partial disability, you should know what you may be eligible for under Rhode Island law. So what will workers’ compensation cover? Below is a brief list of what you may be entitled to for the injury you have suffered:
- Weekly compensation that is 75% of the difference between your spendable base wages before and your earning ability after the disability was incurred.
- Additional dependency allowance paid directly to dependents by the insurer of $9-$15 each week. This is determined by the judge reviewing the case and is completely discretionary.
- Rehabilitation services geared toward regaining the ability to work,
- Medical care until maximum medical improvement has been reached. After that, treatments to treat the effects of the injury are limited to 12 visits or to care that is given within 60 days of the determination of maximum medical improvement, depending on which occurs first.
- Upon achievement of maximum medical improvement, your benefits may be reduced to 70% of your earnings difference between pre-injury wages and post-injury earning capacity.
- Compensation for injuries to certain body parts equal to one-half of your average weekly earnings (minimum of $90 and maximum of $180) multiplied by the number of weeks sanctioned by the state for the particular body part injured. This compensation is usually paid all at once after the relevant calculations are finalized.
These benefits will last, at most, 312 weeks and you will be subject to an anniversary review once a year for every year you receive continuous, weekly benefits for your disability.
If you have incurred a partial disability in a workplace-related accident, contact our office to assess your rights, remedies, and the best course of action. Do not let your employer minimize the injuries you have suffered or the effects of the injury on your lifestyle and ability to earn. Do not let your employer refuse to accommodate your partial disability upon request for reinstatement. Call the Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd. at (401) 751-8855.
With 44 years of experience in workers’ compensation cases, we have developed an expertise in the area and will get you the benefits you are entitled to under the law. If you have been injured on the job and are left with a partial disability, you have rights. Let the Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd. ensure your rights are protected to the fullest extent. Call today for a free consultation on your case. We will help determine what you are eligible for through workers’ compensation insurance. All cases are taken on a contingency fee basis; you only pay when we win your case.
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