Providence Permanent Disability Attorney
A permanent disability is an injury that results in the inability to earn wages from any and all employment. Under Rhode Island workers’ compensation laws, an injured employee affected by a permanent disability from an on-the-job accident is eligible to receive benefits equal to 75% of the employee’s base spendable wage. However, proving a claim of total and permanent disability is complex, and the burden is on the employee to provide proof that they can no longer work. Employers will often try to question the level of disability incurred from a job-related injury. Even worse, you may be injured and disabled to the degree that the workers’ compensation insurance benefit does not adequately cover your medical costs or lifestyle changes.
At the Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd., we understand how difficult life is when you have suffered a severe injury and are unable to work. If you or someone you love has suffered an injury on the job, and you are pursuing a permanent disability claim, call us today at (401) 751-8855. Our Providence permanent disability lawyers will guide you through this tricky process and make sure your claim is in good hands.
Why Choose Us?
When these devastating job-related accidents happen, it is important to seek an attorney who can represent your best interests and ensure you receive the full benefits you are entitled to under the law. Since workers’ compensation insurance only covers economic losses and, in most instances, bars you from suing your employer, it is to your advantage to consult an attorney from the Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd. Someone from our qualified team will be able to assess the details of your case and recommend the best course of action in recovering for your permanent disability. This is especially important in cases where there was negligence and/or deliberate wrongdoing on the part of your employer.
At the Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd., we have the experience to help you understand your rights and the best course of action. In workers’ compensation cases, you need to know the pros and cons of filing a claim for benefits and whether your situation fits any exceptions to the waiver of litigation rules. We have recovered millions of dollars for our clients and would like to do the same for you. It is wise to speak to one of our attorneys before accepting payment through your employer’s workers’ compensation insurance coverage. We will be able to figure out whether filing a claim for compensation versus litigating against your employer is in your best interests. It is possible that filing a claim against your employer, in certain circumstances, will lead to a better remedy for the life changes you are going through.
What Does a Permanent Disability Look Like?
Generally speaking, if you are unable to work for at least three consecutive days as a result of your injury-related disability and unable to gain alternative, comparable employment, then you are eligible for workers’ compensation benefits. These benefits can begin as early as the fourth day after the date the injury was suffered. Because workplace injuries may result in permanent and/or partial disabilities, Rhode Island workers’ compensation laws have attempted to clearly identify what a permanent disability may look like. The following are some statutory examples of what constitutes a permanent disability:
- Total and permanent loss of sight in both eyes or the reduction of your vision to one-tenth or less of its norm, with glasses, if applicable
- Loss of both feet
- Loss of both hands
- Loss of one hand AND one foot
- Spinal injury resulting in permanent paralysis of legs or arms
- Skull injury resulting in incurable mental health disabilities and/or issues
In cases where these “obvious” signs of permanent disability are not presented, such disability is determined when the employee proves that they are incapacitated to the degree that they can no longer work in their regular job or any alternative vocation. This proof is usually achieved through a balancing of the employee’s age, education, training, abilities, etc., and weighed against the injury incurred and subsequent inability to work.
What Compensation Benefits Exist for Permanent Disability?
If you feel you have developed a permanent disability, you should know what you may be eligible for under the Rhode Island law. Below is a brief list of what you may be entitled to under workers’ compensation for the injury you have suffered:
- Weekly compensation that is 75% of your spendable base wages, which includes bonuses, commissions, awards, etc.
- Dependency allowance of $15 per dependent, per week, if you have dependents. A dependent may be children under the age of 18, children over the age of 18 but who may be disabled or incapacitated in their own inability to work, and spouses who are out of work or non-working.
- 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, if feasible, down the road.
- 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.
- 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 for as long as you are permanently disabled; that is, for as long as you are unable to work. You will also be subject to an anniversary review once a year for every year you receive continuous weekly benefits for your disability.
If you or someone you love has incurred a permanent disability in a workplace-related accident, contact the workers’ compensation lawyers at the Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd. to assess your rights, remedies, and the best course of action. Do not let your employer minimize your injuries or the effects of the injury on your lifestyle and ability to earn. Call us today at (401) 751-8855. With 44 years of experience in workers’ compensation cases, we have developed extensive knowledge about the laws surrounding workers’ compensation, and we will get you the benefits you deserve. If you have been injured on the job and are left with a total disability, you have rights. Let the Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd. ensure your rights are exercised and protected. Call today for a free consultation regarding your case and what you are eligible to obtain through workers’ compensation. All cases are taken on a contingency fee basis; you only pay when we win your case.