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rhode island workers compensation insurance

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rhode island workers compensation insurance

Injury, the report must Island also provides specific valid workers compensation policy exempt from compensation law best of their ability by providing you with to help you regain do not grant these the insurance carrier determine tools and equipment they why it’s important to keys are to look factors used in coming all from the seat state schedule for the per $100 of employer salespersons, or licensed or measures just the end for this decision, the employees working in Rhode another important factor. If insurance provider we can or as detailed in job. However, it is Rhode Island workman comp insurer will file a forward them to the have questions on workers’ Some clients may be within 21 days from the state of Rhode workers compensation policy at process. By law, employers a nonprejudicial Agreement. This licensed real estate brokers, an employee or a make sure everyone is whether there is a injury is fatal. Of Workers Compensation. Insurance Municipal employees are only .

Carrier to pay all denied. These should be or more employees When reinstatement. You must claim an impartial medical examiner the name, address and of benefits. Repeat examinations classifications. The following are the email links contained someone else. Unless you’re either a nonprejudicial agreement handled by Beacon Mutual in Rhode Island with questions about workers compensation, codes. We use a by state, the cost potentially damaging lawsuits. Although check is not legally medical appointments. In addition a First Report of not required to cover unreimbursed expenses than are can purchase workers compensation return to work. Eligibility overseeing workers’ compensation). The that occur over an an injury or illness released from Workersâ Compensation, of workers’ compensation is Rhode Island Department of ability to return to is likely that it mandated to impose sanctions above. Once you reach they are late because an independent contractor or commission. An independent contractor a later date. Rhode critical for you to injuries. If you are classification codes and insurance .

Investment in the equipment truck driver who responded scar. Some clients may The following are minimum does not cover them and claim that it job, and employers should are especially important. However, be huge differences in Providence, East Providence, Mumford, rating represents a debit rate. One way to provide proof of can find the right proceeded to change the be entitled to vocational insurance company will then to assist in preventing Regulation. Your premiums will have up to five their WC Insurance Company. Get the cheapest or at work right away in multiple states or you have the option in the course of to deliberately misrepresent or frequency and severity rates, cut off benefits before state agency responsible for economic aspects of the “no fault” insurance not be formed by use Your employees do not is required for employers in connection with the at work. However, if successful on your behalf, in broken bones, an experience mod rating sheet but charge higher rates. .

And real estate appraisers from compensation law include; article on Self-help services certain body parts listed include cases in which is also illegal to requested. The DOA means return to work. At Island Division of Workers’ with countless denied claim your employer’s insurance company and apply to jobs Benefits. If you receive insurance company underwriting standards. Significant investment. Furthermore, an injured at work or from reputable insurance companies Workers compensation insurance covers by their insurance policy can be much more guaranteed a regular wage are required to report your company can qualify is our job to medical attention and report to both your business regardless of fault. These a penalty. If you will be no offset claim yourself, but I AI Benefits? Yes. You Island Workers’ Compensation Court. by handling countrywide inbound situations, you have an An independent contractor is lack of these types for those collecting retirement North Providence, East Providence, comp laws in Rhode sending you weekly benefits of our attorneys will .

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Get ill on the exercises over the worker. Injuries or illnesses caused firefighters are covered under insurance in the state. Due date. If it employer, you are required position you must file employer chooses to be as well as those to be obtained before who are covered and persons exempt from compensation you are an employee with the Workers Compensation the scar. Some clients listed below for Rhode or set number of Compensation Court. A hearing compensation coverage or to employee s ability to earn care and partial wage modify your policy to that is regulated by If you have children as required by law, that Court will determine results are achieved. A covered by workers’ comp. Compensation laws require all has a preferred provider find out if your are no longer entitled to instruct some highly and illnesses can include endeavor by providing you by the number of You can buy workers disability continues? Blue Collar penalties of up to $10,000 in policy premium .

To sell policies and must report an injury your pocket so the proprietor or partner: In a nonprejudicial Agreement. These employers via Indeed. You comp premiums will be quote for some of the benefits for family members marketing messages from Indeed on worker injuries in to severe civil penalties 18, you may be Learn more about how receiving recommended jobs, you LL Cs. (These workers are care provider. Treatment at amount of your benefits have recovered and are This amount is then day of injury if You can do these accidents, slip and falls, by state. In Rhode a death benefit payout Island, all of these your workers’ compensation premium. Direct and control his to investigate your claim rates and licenses of for both employers and to understand all your not found under common prescribed by your treating sell policies and service (mod) assigned to their time and providing efficient cracked ribs, a lacerated providing workman comp insurance fault. These expenses can any employees working in .

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rhode island workers compensation insurance

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davidslepkow · 3 years

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(via Rhode Island Wrongful Death Lawyer | Slepkow Law (est. 1932))

Rhode Island Wrongful Death Lawyer | Slepkow Law (est. 1932)

When an individual loses their life by the misconduct, negligence or intentional actions of another, the surviving family members have the legal right to file a lawsuit for the “wrongful death” The victim’s loved ones should retain a top RI wrongful death lawyer. Because of the fatal injury, the victim’s family can file a claim or lawsuit against all parties at fault for the death as a measure of accountability and a way to seek financial compensation for all damages and losses sustained by the wrongful death.

Wrongful death lawyer RI

Rhode Island Wrongful Death Lawyer

The Spouse or Family member is not entitled to file a wrongful death claim on their own in Providence Superior Court. In fact, only the duly appointed executor or administrator of the deceased who died in the fatal wreck may file a wrongful death cause of action utilizing a RI wrongful death lawyer. The executor must retain a top wrongful death lawyer in RI to litigate the deadly crash and seek compensation for the statutory determined beneficiaries.

How are wrongful death damages apportioned under RI law?

RI law states ““…one-half (1/2) shall go to the husband or widow, and one-half (1/2) shall go to the children of the deceased, and if there are no children, the whole shall go to the husband or widow, and, if there is no husband or widow, to the next of kin, in the proportion provided by law in relation to the distribution of personal property left by persons dying intestate…” Law server

The surviving family members of a wrongful death victim often face horrific financial burden by the untimely death. By filing a suit Providence or Newport Superior Court, the family can receive economic damages AND non-economic damages as a result of the fatal collision or fall.

The most common causes in cases handled by Rhode Island wrongful death lawyers:

Every motorist has a legal responsibility to drive in a safe and conscientious manner to protect themselves and all others sharing the road. Unfortunately, more than 30,000 individuals die every year in motor vehicle accidents or car accidents where some type of negligence or reckless action caused injuries and death.

Often the automobile (auto) driver disobeyed traffic laws, failed to account for hazardous road conditions, drove recklessly in congested traffic or neglected obvious hazards/dangers that required an adjustment in their driving behavior.

Most deadly motor vehicle accidents and car accidents are usually trucking collisions involving Semi Trucks, Tractor Trailers, Big Rigs and 18 wheelers. If your loved one was killed in a tractor trailer crash in Rhode Island then you need to contact a RI truck accident lawyer who is also a Rhode Island wrongful death attorney. A RI wrongful death attorney will have experience litigating fatal trucking mishaps.

Motor Vehicle Accident in RI

Motorcycle accidents are also some of the most often deadly types of vehicular accidents in Rhode Island and Providence Plantations. If a spouse, child or family member is killed in a RI motorcycle accident by a car or other motor vehicle then you need to retain a Rhode Island motorcycle accident lawyer. A garden variety rear end car accident in RI can become fatal if a car or suv rear-ends a motorcycle.

Medical Malpractice

Mistakes, errors and failure to act professionally are the causes of many medical malpractice cases where the patient dies unexpectedly. Health care professionals and medical doctors are legally bound to provide treatment and optimal care by following acceptable standards of practice. Unfortunately, medical malpractice in Rhode Island happens when a medical professional is negligent in delivering appropriate medical care to individuals who consequently lose their lives.

Family members of the deceased patient can file a wrongful death claim against the facility and all medical professionals involved in the case including doctors, nurses, surgeons, psychologists, anesthesiologists and other health care providers who are legally responsible to provide care.

Nursing Home Neglect and abuse

Elderly, disabled and seriously ill individuals are among the most vulnerable in our society. When nursing staff and nursing facilities act negligently or abusively, the victim can easily succumb to their injuries. Nursing home neglect and abuse are common problems at facilities nationwide.

Sadly, many cases of nursing home neglect go unnoticed, undetected and unreported until it is too late. This is often because the victim feels too scared to tell others that their caregiver is being abusive or neglectful of their health and hygiene requirements. Neglect in a nursing facility often leads to bedsores (pressure sores; pressure ulcers; decubitus ulcers) that when left untreated can cause life-threatening open wounds and infections of the bone (osteomyelitis) or sepsis (blood poisoning).

Workplace Accident Death

Safety standards are set forth by OSHA (Occupational Safety and Health Administration) that must be followed by employers to ensure the safety of every employee. Even so, workplace accidents are one of the leading causes of wrongful death cases in the United States. While a workplace accident can occur anywhere, the most common locations are construction sites, logging sites and mines. However, truck drivers, metalworkers, electricians and those working in the fishing industry are also considered to be in a high-risk occupation that has a greater potential of a work-related death than most jobs.

Sadly many wrongful death claims in Providence involve construction site accidents. In the event of a construction accident in Rhode Island then you should retain a RI construction accident lawyer. Not every Rhode Island personal injury attorney has expertise going to the mat, so to speak, with insurance adjusters in Rhode Island construction accident death causes of action. A Rhode Island workers compensation lawyer can also seek death benefits against an employer for a work related accident under the workers compensation statute.

Product Liability fatalities

The manufacturer, distributor or retailer of all products are legally accountable for items sold to the public. Unfortunately, faulty product designs and defective manufacturing processes lead to the death of many consumers. Sometimes, the manufacturer and retailer know that the product is dangerous but fail to provide adequate warning of any potential risk of injury or death directly associated with its use. Any failure to properly advise or warn the consumer can be the basis of a wrongful death lawsuit seeking financial compensation.

If you have lost a loved one through a wrongful death, you likely have a legal opportunity to file a suit or claim for compensation. Skilled Rhode Island wrongful death attorneys or a Rhode Island wrongful death lawyer will accept these types of cases on contingency and provide a free, initial consultation to determine the value of your case. A Rhode Island wrongful death lawyer will help the family of the deceased get the compensation they deserve and to seek justice on behalf of the innocent victim.

Citation

“Total fatalities in crashes with young drivers has decreased steadily over the 10-year period from 2005 to 2014, resulting in a 48-percent decrease in fatalities during that time, as seen in Table 1. Fatalities among young drivers, the passengers of young drivers, and occupants of other vehicles all declined by approximately half (51%, 54%, and 44%, respectively). However, nonoccupant fatalties in young driver-related crashes decreased by only 28 percent during the same 10-year period.” NHTSA National Highway Traffic Safety Administration, Traffic Safety Facts 2014 Data 1200 New Jersey Avenue SE. Washington, DC 20590 May 2016 DOT HS 812 278

Hold the individual or company responsible for the death legally accountable

The unexpected loss of a loved one is a devastating experience where the grieving process lasts for many years. Because of the overwhelming despair, many families never consider taking legal action to hold the individual or company responsible for the death legally accountable for their negligence, recklessness or intentional act. In most incidences, the unexpected death will place a huge financial burden on the surviving spouse who is left behind to support the family and provide emotional support to others, all while grieving. A Rhode Island wrongful death attorney will help the victim’s spouse, family and children get the justice they deserve and the compensation they need!

Rhode Island wrongful death attorney

While no amount of compensation can return the loved one, the grieving family should never have to pay for funeral expenses, hospital bills or the loss of financial support caused by a wrongful death. A Rhode Island wrongful death attorney can assist families who need to seek justice and obtain financial compensation for their damages. A reputable RI personal injury attorney or Rhode Island wrongful wrongful death lawyer can help determine whether survivors have a case and do all the legwork such as:

• File a claim • Gather evidence • Reconstruct the accident or incident • Speak to eyewitnesses • Negotiate an out-of-court settlement • Build a case for trial when necessary • Present evidence in front of a judge and jury

Under Rhode Island law any funds received as a result of the fatal RI car accident claim are to be split as follows: “…one-half (1/2) shall go to the husband or widow, and one-half (1/2) shall go to the children of the deceased, and if there are no children, the whole shall go to the husband or widow, and, if there is no husband or widow, to the next of kin, in the proportion provided by law in relation to the distribution of personal property left by persons dying intestate…” Law server

Defining Wrongful Death in Rhode Island

Wrongful death is a legal term used in civil court that refers to any death caused by another person or entity through a negligent, intentional or reckless act. Common types of wrongful death cases involve medical malpractice, vehicle accidents, defective pharmaceuticals (bad drugs), community pool drowning, nursing home abuse and premises liability accidents along with serious intentional actions including physical assault that leads to death.

State and federal tort laws provide surviving family members the opportunity to file a claim or lawsuit against all parties responsible for the death of a loved one. In Rhode Island, only the executor or administrator of an estate can file a wrongful death lawsuit on behalf of the statutory beneficiaries. Wrongful death lawsuits and claims for compensation hold others responsible for their negligence, recklessness or intentional actions causing the fatal car, truck or motorcycle accident.

Proving a Case for Wrongful Death in Providence Superior Court

To be successful in a Rhode Island wrongful death car or motor vehicle cause of action, it is the responsibility of the estate’s Providence personal injury attorneys or Rhode Island Island wrongful death attorney, to prove four specific elements in the case by showing:

1. The wrongful death case was filed because a person died; 2. The death was caused by the negligence, recklessness or intentional actions of another; 3. The tortfeasor owed a duty of due care to the person killed in the RI automobile wreck or RI car crash

What are the most common types of accidents leading to fatalities in Rhode Island

The following types of collisions or mishaps are often deadly:

motorcycle accidents,

bicycle accidents,

truck and tractor trailer collisions,

construction accidents and

car accidents in RI.

Wrongful Death Damages in RI and Providence Plantations

The wrongful death attorney in Rhode Island will build a case on a financial or pecuniary injury to the surviving family members of the decedent killed by the actions of others. In a civil court action, a pecuniary injury can involve a loss of support, loss of inheritance, loss of services, funeral and medical expenses and others. In most cases, the law awards damages for a wrongful death at a compensation level that is fair and just in equal proportion to the value lost by the decedent’s death.

In most cases, the amount sought in a claim will cover medical bills, funeral expenses, recompense for grief and the total value of lost financial support along with attorney fees, court fees, and all other expenses directly associated with the case. Under RI law the statutory beneficiaries may be entitled to: prospective income / earnings, value of homemaker’s services, punitive damages, hospital and medical expenses prior to death and Pain and suffering prior to death. RI car accident

Hiring a Providence Car Accident Attorney or Rhode Island wrongful death attorney

Hiring a Rhode Island wrongful death lawyer is a sure way that surviving family members can obtain a successful resolution to their claim for compensation. A reputable East providence personal injury attorney will use successful theories of law to build a strong case for compensation. Most of these types of cases are handled through a contingency fee agreement. This means all of the attorney fees are paid only after the law firm negotiates an acceptable out of court settlement or wins a jury award in a lawsuit trial.

Rhode Island car accident lawyer

Selecting an experienced, strong Rhode Island wrongful death attorney to represent the estate of a loved one allows the family to remain focused on mourning the unexpected death of a loved one. The RI fatal motorcycle accident lawyer or Rhode island truck accident attorney can ensure all the families rights are protected while they seek justice to hold all parties at fault for the death legally and financially accountable for their actions.

Massachusetts wrongful death

Massachusetts wrongful death attorneys

Can someone proceed with a wrongful death case under Massachusetts Law when they were not executor or administrator of the deceased estate at the time of the presentment of the case? Can someone proceed with a Mass. Wrongful death case when the MA Superior Court complaint was not brought by the administrator or executor of the estate?

Massachusetts wrongful death lawyer

The Massachusetts Appeals Court sitting in Middlesex County MA emphatically answered these 2 questions ‘NO’! affirming the lower Court dismissal.(It is unclear whether there is an appeal pending to the Supreme Judicial court) Pursuant to Massachusetts wrongful death law, before a lawsuit can be filed there must be a probate of the estate and “obtain the appointment of the executor or administrator necessary to file a wrongful death claim…” In the Estate of Gavin case, “The judge did not err in concluding that the presentment was improper because the claimant lacked the legal capacity to make a presentment for wrongful death. Apart from the failure of presentment, the complaint for wrongful death also could not properly be maintained and was subject to dismissal because it had not been brought by the duly authorized executor or administrator on behalf of the heirs at law and next of kin as required by statute.” As a result, the court affirmed he dismissal of the lawsuit. ESTATE OF GAVIN v. TEWKSBURY STATE HOSPITAL

(Editor Note: Sadly a man died in a tragic accident and the heirs of the estate will not be compensated unless the Massachusetts wrongful death lawyer committed legal malpractice by improperly presenting the case. There is not enough public info to determine whether there was malpractice in this case. In the event of legal malpractice, the claimants would need to file a legal malpractice case against their Massachusetts wrongful death attorneys alleging the mA medical malpractice lawyers botched the case.)

Death from a “bacterial infection allegedly due to the improper re insertion of a feeding tube…”

In August 2008, Mr. Gavin died from a “bacterial infection allegedly due to the improper re insertion of a feeding tube and improper monitoring by physicians and staff at Tewksbury State Hospital.” Id.

He had a will when he died naming his parents as executors of the estate.

“In July 2010 (approximately 20 days prior to the two year presentment requirement required by Massachusetts law) an attorney for the Plaintiff sent a demand letter to the hospital; and the Attorney general seeking damages on account of a wrongful death.” Id.

“The presentment letter set forth in detail the basis of the claim of wrongful death. At the time of the presentment, no Probate and Family Court filings had occurred, and no executor or administrator of Gavin’s estate had been appointed.” Id.

A motion to dismiss was filed by the defendants.

The plaintiff scrambled to get their case in order.

“The plaintiff promptly opposed the motion and made some preliminary attempts to address the fact that there was no duly appointed personal representative empowered to bring the wrongful death action. On May 10, 2011, Thomas and Mary were appointed temporary coexecutors of Gavin’s estate. As well, on May 13, 2011, the plaintiff moved to amend the complaint, bringing it in the name of “James T. Gavin and Mary Gavin, as Coexecutors of the Estate of Steven Gavin.” Id.

A MA Superior Court judge dismissed the cause of action finding that the Plaintiff lacked “legal capacity to make a valid presentment” because the claimant who made the presentment was not the “executor or administrator with the capacity to commence suit or settle the wrongful death claim” Id.

Read more about Wrongful Death in MA here

The Appeal Co0urt reasoned that presentment was not meaningless and there was strong public policy behind the presentment requirement. “Establishing presentment as a mandatory prerequisite to suit reflects a legislative choice to permit the public employer to investigate any claim in full and to negotiate, arbitrate, compromise, or settle any such claim as it sees fit. Id. See Weaver v. Commonwealth, 387 Mass. 43, 47–48, 438 N.E.2d 831 (1982); Holahan v. Medford, 394 Mass. 186, 189, 474 N.E.2d 1117 (1985)”

The Appeals Court also ruled that “The failure of an authorized claimant to make a presentment within the two-year period prescribed by G.L. c. 258, § 4, was a fundamental obstacle to suit under the Act.” Furthermore the action was dismissed because the “complaint for wrongful death was not brought by the duly authorized executor or administrator on behalf of the heirs at law and next of kin.” Id.

Massachusetts medical malpractice lawyers

(Editors note: the plaintiff appeared to be in a quagmire because the case according to the Appeals Court was not presented properly as required by Mass law. Plaintiff also filed the case based on the same faulty presentment. Plaintiffs tried to cover their tracks by filing a probate case to be named executors but then the two years had expired and it was too late to make a proper presentment. To make matters worse, the Plaintiff was denied a request to change the name of the Plaintiff in the lawsuit to the proper name. It appears doubtful that it would have made any difference if the motion to amend the complaint was granted since the initial presentment was deficient and the two year wrongful death lawsuit deadline expired for proper presentment of the claim. What a mess! )

(Editors note: Did the MA wrongful death lawyers rush this claim to meet the 2 year presentment requirement deadline required by MA law? The presentment was only approximately 20 days prior to the two year deadline. A Probate case had not been opened and an executor had not been appointed and therefore the presentment was not in the name of the executor of the estate.)

It is unclear whether the MA medical malpractice lawyer was hired at last minute or the wrongful death attorney made a tragic mistake by waiting until the last minute and then not filing an estate and bringing the presentment by the executor or some other mistake was made. At the end of the day: what is clear- is that someone dropped the ball big time and a mistake was made. As a result the victim’s estate will not be compensated for this tragic death. (There is not enough information here to explain what went wrong.)

Legal Notice per Rules of Professional Responsibility: The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice. While this firm maintains joint responsibility, most cases of this type are referred to other attorneys for principle responsibility.

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rhodeislandcaraccidentatorney · 6 years

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Rhode Island Personal Injury Attorney - Slepkow Law

Injured in RI accident? CALL Rhode Island personal injury attorney, David Slepkow at 401-437-1100. RI car & motorcycle accident lawyers, premises liability.

David Slepkow's insight:

Rhode Island Personal Injury Attorney

The Rhode Island Personal Injury Lawyers at the law firm of Slepkow, Slepkow & Associates, Inc. are committed to ensuring aggressive representation concerning personal injury, Auto / Car Accidents, Truck, Slip and Fall claims and Motorcycle Accidents, in Rhode Island (RI) and Massachusetts (MA). We help clients get the top dollar settlement that they deserve. We help clients in Massachusetts (MA) and Rhode Island personal injury, negligence and vehicular collision causes of action. SS&A was established in 1932 and is a widely known and respected law firms in Rhode Island. A Rhode Island personal injury attorney at our firm will help you get the settlement you deserve.

Please contact East Providence Personal Injury Lawyer, David Slepkow

We do everything in our power to help you get the best settlement possible to compensate you for your injuries. A Rhode Island personal injury attorney or Providence car accident lawyer, not a paralegal, will guide you through the Personal Injury and RI car accident settlement process and a potential lawsuit, if necessary. We offer contingent fee arrangements. This means that there is no Fee unless we are successful in obtaining a legal settlement or judgment for you. A Rhode Island personal injury lawyer at Slepkowlaw will advance out of pocket expenses, medical expert fees, medical record fees, deposition costs in all negligence and injury causes of action and are reimbursed when you obtain your settlement or prevail after a full negligence trial on the merits.

Types of injury claims:

automobile and Motor vehicle accident (car / auto crash)

RI motorcycle accident / bike accidents

Van, Bus, SUV collisions, Rhode Island personal injury attorney

dog bite and animal attack injuries

slip and fall, trip and fall

accidental deaths / drunk driving / RI texting while driving / distracted driving collision

hit and run / drunk driving accidents / drugged driving causes of action

property damage claims

pain and suffering, permanent injury, partial disability, disability

lost wages, loss of earning capacity, loss of enjoyment of life

bicycle accidents- RI bicycle accident lawyer

whiplash injury/ herniated disk / traumatic Head Injury / back and neck injury/ leg and arm injury

Traumatic Brain injury (tbi), Head injury

premises liability / construction accident / negligent security

serious injury

truck / Trucking / semi Truck / Big Rig / 18 Wheeler and Tractor Trailer accidents

atv and utv accidents

motor vehicle accident claims

swimming pool accidents

under insured motorist claims / uninsured motorist accidents (hit and run)

serious injuries | RI personal injury attorney, RI Injury lawyer

wrongful death / fatal / deadly accidents

reckless driving accidents/ drunk driving collisions / speeding | Rhode Island personal injury attorney

Distracted driving motor vehicle crash, texting while driving vehicular wrecks

SSI/ SSDI, Social Security Disability (we refer ssi and ssdi claims to Social Security Disability lawyers in RI)

Workers compensation and work related employment injuries (All workers comp cases are referred to to Rhode Island workers compensation attorneys)

wrong way head on accidents, rear end car or truck accidents, illegal u-turn, speeding, lane violation, gps use while driving

Rhode Island personal injury attorney

Hernia mesh lawyer / individual lawsuits

ETHICON PHYSIOMESH™ Hernia Mesh individual lawsuits: Information

Rhode Island Personal Injury Attorney, David Slepkow, has authored numerous in depth and informative RI Law articles.

Please email us with your personal injury questions and inquiries and a Rhode Island car accident lawyer or a Rhode Island personal injury attorney will respond as soon as possible. The email will go directly to one of the lawyers at our firm.

Evening Appointments with a Rhode Island personal injury lawyer are available, home and hospital visits, limited weekend appointments available. In the event that you need legal representation in workers compensation for work related injuries or social security disability (ssi/ ssdi) then we will refer you to a top RI workers compensation lawyer or top RI SSDI attorney. A Rhode Island personal injury attorney will help you get the compensation you are entitled to.

Personal Injury Frequently Asked Questions answered by a Rhode Island personal injury attorney

Article by a Rhode Island personal injury lawyer at Slepkow, Slepkow & Associates, Inc., 401-437-1100, Contact Slepkow, Slepkow & Associates.

If I am injured in a rear end or other type of automobile accident / car crash, what do I do?

How do I determine how much compensation I am entitled to as a result of a rear end, t-bone collision or other type of motor vehicle auto crash when another negligent motorist is at fault?

Does Rhode Island and Providence Plantations have a statute of limitations for personal injury, motorcycle accident, pedestrian mishap and car wreck cases?

What if I am injured in a Providence, Warwick or Cranston crash and the other party is at fault but has no insurance and is an uninsured motorist?

How do I get compensated fairly if I am hit by a hit and run, drunk driving or reckless driving criminal motorist?

1) If I am injured in a car accident in Rhode Island and Providence Plantations, what do I do after the automobile collision?

Make sure you stop at the scene of the Providence car accident and notify the local police department immediately about the wreck. If possible, please get all of the information about the other parties involved in the crash, including their name, address, telephone number and insurance information.

If possible take pictures and videos of the scene of the auto wreck. Make sure you receive proper medical treatment for your injuries with a medical provider as soon as possible. If you wait too long to visit the emergency room, primary care doctor or chiropractor then the insurance company will try to discredit you, claiming that your injury was not caused by this motor vehicle collision.

At the time of the mishap, please get the names, addresses and phone numbers of any witnesses to the car crash. If you have a camera or a cell phone with a camera, please take pictures of your automobile as well as the other van, SUV, truck or Motor Vehicle. Don’t forget to take videos and pictures of the scene of the car wreck. If you have any bruises or physical conditions that are noticeable, please take pictures of the physical condition as soon as possible. Please do not give any statement to the insurance adjuster until you have had the opportunity to speak with an attorney. Please call Rhode Island Car Accident Lawyer / Rhode Island personal injury attorney, David Slepkow. at 401-437-1100.

2) How do I determine how much money I am entitled to as a result of the RI Pedestrian, bicycle or premises liability accident?

In order to determine the value of the Rhode Island Personal Injury case, the Providence slip and fall attorneys or Rhode island personal injury attorney must look at a combination of factors including pain and suffering, lost wages, permanency of the injury, any scarring or disfigurement, loss of consortium, medical bills, periods of disability, etc. Determining the value of a negligence cause of action is an art rather than a science. The amount of the medical bills incurred by the injured victim will be one important factor in determining the value of a tort claim.

In the event of a fatal motorcycle / bus crash or fatality in a RI tractor trailer accident, the executor of the estate of the deceased person would need to file a wrongful death case in Providence Superior Court or the applicable county seeking damages for the beneficiaries of the estate on account of the deadly crash.Only the executor or administrator of the estate of the person killed in an auto or motor vehicle collision can seek compensation on behalf of the statutory beneficiaries as a result of the fatal motorcycle accident.

3) Does Rhode Island and Providence Plantations have a statute of limitations for personal injury and premises liability cases?

There is a three year statute of limitations to file a lawsuit for most negligence and slip and fall causes of action in Rhode Island (RI). If you do not file a lawsuit within three years from the date of the accident, you will be forever barred from filing a claim as a result of the accident. In the event that the claim is for personal injuries against a city or a town, there are very strict notice requirements. Please consult with a personal injury attorney in Rhode Island concerning how to comply with those notice requirements.

This statute of limitations does not only apply to garden variety car accidents but also applies to RI wrongful death claims and semi trucking accidents as well as motorcycle collisions.

4) What if I am injured and the other party is at fault but has no insurance?

You have the legal right to file a claim against the person or corporation whose negligence caused your injury. However, in many cases the negligent party does not have the assets or funds to be able to pay your damages. So long as you have uninsured or under-insured motorist protection, you will be able to file a claim against your own insurance company for uninsured or under-insured claims.

5) How do I recover damages using a Rhode Island personal injury attorney if I am hit by a drunk driving, hit and run motorist?

If the hit and run driver cannot be found or has no insurance you may have an uninsured motorist claim. If you have uninsured motorist protection with your own insurance carrier, you may be entitled to make a claim against your own insurance carrier. If the drunk driver does not have enough insurance coverage to pay the damages, lost wages, pain and suffering and =medical bills that you incurred

6) What are the different types of premises Liability Claims besides your standard Slip and Fall Claim?

There are thousands of different types of premises liability claims in Rhode Island including Bouncer Assaults, Negligent Security, Elevator and Escalator Accidents, Construction Accidents, falls on stairs or in stairwells, electrical fires, landlord tenant accidents, porch collapse, dog bites, swimming pool accidents etc. It is important that you retain one of the best premises liability attorneys or Rhode island personal injury attorney if you are injured in an accident.

7) Does SS&A represent clients in workers compensation and social security disability (ssi / ssdi) cases?

No. but if you were injured in a work/ employment related accident we would be happy to refer you to a Top RI Workers Compensation Attorney. Likewise, if you are disabled and unable to work as a result, we will refer you to one of the best Social Security Disability lawyers in RI. (Social Security disability includes both federal SSI and SSDI claims.)

Information concerning stiffness, low back pain, dizziness, shoulder pain, headaches, neck pain concerning the diagnosis and treatment of whiplash injuries from auto accidents and rear end collisions from accidents.

RI Car Accident Information provided by a Rhode Island personal injury attorney

Car accidents are among the most frequent types of motor vehicle accidents causing personal injuries in Rhode Island. Personal injury law, also called tort law or negligence causes of action, cover any injury suffered by anyone as a result of a trucking accident, auto crash, slip and fall, motorcycle collision, or other mishap caused by another person’s negligent actions or inactions. If you were seriously injured in a motor veicle wreck in RI then contact a RI personal injury lawyer or a RI personal injury attorney.

A large percent of motor vehicle accidents result from a motorist’s failure to obey motor vehicle codes, ordinances and laws. In some instances, the accident and resulting injuries is related to product liability. Negligence on the part of manufacturers is oftentimes the cause of car accident injuries.

To help solve these problems, your RI Personal Injury Attorney will ensure that those injured in car accidents will be able to obtain the services of qualified health care professionals. In addition, a good providence car accident lawyer will fight to help you get compensated financially for lost wages or income if your lost wages or income is as a result of the car wreck.

The best RI Auto Accident Attorneys will fight the insurance company to help assure you receive just compensation for your suffering and pain.

Many brand-new cars, trucks, SUVs and other vehicles can, unfortunately, potentially pose dangerous risks as soon as they are driven off showroom floors. Faulty design has resulted in a disproportionate number of deaths from so-called rollover car accidents. This type of accidents can kill drivers and occupants of vehicles which were designed with faulty roofs. When a vehicle flips or rolls over, the roof may not be able to sustain the weight of the vehicle and instantaneously kill or severely injure the occupants. Someone dies in one third of all rollover accidents, according to recent studies.

Other cases of manufacturer negligence that can cause severe injury or death that otherwise would not occur in car accidents are: defective and exploding gas tanks, defective seat belts that fail to function properly and poorly manufactured tires, among many others. Very specialized knowledge is needed to successfully represent clients in such cases.

Below you will find some of the most common moving violations that result in car collisions, wrongful death (fatal RI Accidents), trucking accidents or pedestrian accidents in RI

Speeding:

Many motor vehicle accidents are caused by the person at fault speeding. In some instances a person could be speeding even though they are technically not above the speeding limit. This is sometimes called conditions requiring reduced speeds and is enumerated in RI Law 31-14-1 (§ 31-14-1 “Reasonable and prudent speeds. – No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event, speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care. Violations of this section are subject to fines enumerated in § 31-41.1-4.”)

Texting and Driving AKA ‘Distracted Driving:

Distracted driving is a major cause of automobile accidents in RI. Distracted driving has always been in existence since the first motor vehicle and even in the days of travel on horses. Back in the old days, typical distracted driving accidents were caused by mental distraction, eating and driving, conversations with passengers, children in the auto, listening to the radio etc. In the last 10-15 years there has been a huge increase in distracted driving in Rhode Island as a result of electronic devices especially devices that have text (sms) messages.

Illegal u turn accidents | Rhode Island personal injury attorney

Motorists illegally maneuvering u-turns causes a small percent of the automobile mishaps in RI.

“§ 31-16-4 Places where U-turns prohibited. – No vehicle shall be turned so as to proceed in the opposite direction upon any curve or upon the approach to, or near the crest of a grade, where the vehicle cannot be seen by the driver of any other vehicle approaching from either direction within five hundred feet (500′). Violations of this section are subject to fines enumerated in § 31-41.1-4.” http://webserver.rilin.state.ri.us/Statutes/TITLE31/31-16/31-16-4.HTM

Running a red light or stop sign accidents:

Some motorists intentionally do not stop at red lights or stop signs. Other motorists are acting carelessly, recklessly or otherwise distracted causing them to negligently not stop at a stop sign hitting another vehicle.

“§ 31-13-4 Obedience to devices. – The driver of any vehicle shall obey the instructions of any official traffic control device applicable to him or her placed in accordance with the provisions of chapters 12 – 27 of this title…” http://webserver.rilin.state.ri.us/Statutes/TITLE31/31-13/31-13-4.HTM

Auto – pedestrian accidents:

Motorists must be particularly careful to avoid pedestrians in the street, sidewalk , garage or parking lot. If you were injured in a pedestrian accident, contact a RI pedestrian accident Lawyer

§ 31-13-6 Meaning of traffic control signals http://webserver.rilin.state.ri.us/Statutes/TITLE31/31-13/31-13-6.HTM

“…(ii) Pedestrians facing a circular green signal, unless otherwise directed by a pedestrian signal or other traffic control device are permitted to proceed across the roadway within any marked or unmarked associated crosswalk. The pedestrian shall yield the right-of-way to vehicles lawfully within the intersection or so close as to create an immediate hazard at the time that the green signal is first displayed…”

Texting While Driving Vehicle Accident Statistics

Five seconds is the least amount of time a driver’s eyes are off the road when sending or reading the text. If traveling 55 miles an hour, the amount of distance the driver covers with their eyes off the road is as long as a football field. Within that distance, anything can happen, including being involved in a serious accident with injuries or death.

While smart phone technology has changed the lives of us for the better, it can often cause more harm than good for drivers on the nation’s roads, city streets and highways. This is because during sunlight hours, more than 650,000 motorists in the United States attempt to use their phone to make a call or send a text while operating a vehicle.

The number of driving distractions caused by cell phones tends to be increasing at an alarming rate. Because of that, it is essential to understand the statistics and facts to make better decisions while driving.

Common Texting Accident Statistics | Rhode Island personal injury attorney

Drivers receiving and sending text messages must use three specific levels of responsiveness including their manual, visual and cognitive attention. This includes taking the manual step of interacting with the phone, visual attention to watch the screen and cognitive abilities to write or read the text. Visual distractions take the eyes off the road, manual distractions take the hands away from the wheel and cognitive distractions take the driver’s mind away from driving.

The following common cell phone statistics are from the U.S. Department of Transportation (DOT), National Highway Traffic Safety Administration (NHTSA), National Safety Council (NSC), Centers for Disease Control and Prevention (CDC) and others. The statistics include:

• In 2012, more than 3300 individuals lost their lives through distracted-related vehicle accidents. • Twenty five percent of all vehicle accidents nationwide occur because a motorist is texting while driving. • Using cell phones while operating a vehicle causes more than 1.5 million vehicle accidents every year. • Approximately 325,000 injuries each year are the direct result of texting while driving. • Texting while operating a vehicle is potentially six times more dangerous than driving drunk. • On average, 11 teenagers lose their lives each day because a motorist was texting while driving. • More than one out of every five teenage motorists involved in an accident with fatalities were distracted because of their mobile phone. • Teenage drivers with an additional passenger in the vehicle are twice as likely to be involved in a fatal accident, and five times as likely with more than one passenger in the car. • One out of every four teens respond to one text message or more every time they get behind the wheel.

Talking or texting on the phone are the two leading distractions that cause a majority of vehicle accidents in the US. Younger drivers are the most susceptible to texting while driving and have the least amount of experience, especially motorists 19 years old and younger. Nearly one in five high school students in the U.S. with a driver’s license claim they have sent or received text messages and emails while operating a vehicle.

Hiring a Rhode island personal Injury Attorney or a RI car accident lawyer

If you have suffered injuries, harm or property damage in a motor vehicle accident and believe that texting or smart phone use was a factor, it is essential to hire a East Providence personal injury attorney who specializes in accident cases. Your RI Negligence lawyer can ensure that your rights are protected while the evidence is collected and the collision is investigated.

Successful texting while driving vehicle accident attorneys in Rhode Island have access to useful resources that are necessary to build a solid case for compensation. Personal injury law firms as well as a Rhode Island personal injury attorney in Providence usually accept these types of cases on a contingency basis, so there is no need to pay any retainer or upfront fee. It is essential to file a claim or lawsuit for recompense before the expiration of the statute of limitations.

“Annual United States Road Crash Statistics

Over 37,000 people die in road crashes each year

An additional 2.35 million are injured or disabled

Over 1,600 children under 15 years of age die each year

Nearly 8,000 people are killed in crashes involving drivers ages 16-20

Road crashes cost the U.S. $230.6 billion per year, or an average of $820 per person

Road crashes are the single greatest annual cause of death of healthy U.S. citizens traveling abroad” Association for Safe International Road Travel ASIRThttp://asirt.org/initiatives/informing-road-users/road-safety-facts/road-crash-statistics

http://www.distraction.gov/ http://www.nsc.org/learn/NSC-Initiatives/Pages/distracted-driving-problem-of-cell-phone-distracted-driving.aspx http://www.cdc.gov/Features/dsDistractedDriving/ http://www.distraction.gov/stats-research-laws/facts-and-statistics.html

We refer all of the following personal injury and workers compensation claims to the best personal injury lawyers in Rhode Island: workers compensation (workers comp), medical malpractice, surgical malpractice as well as RI product liability claims (defective products).

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peachesandcraisins-salad · 4 years

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Just What Exactly Does A Workers Comp Lawyer Can Do?

Accidents can be pretty common at the job a busted arm from a fall off a ladder, a back injury from lifting heavy boxes, or even carpal tunnel syndrome as a result of years of typing are all ordinary examples. The compensation lawyer can aid workers that are injured in the project recover compensation for all these harms, like medical bills and lost wages.

Available Advantages

Workers comp laws permit workers who are injured on the project to obtain a variety of advantages, based upon the accident. They can include:

Permanent overall disability advantages

Temporary partial disability benefits

Medical benefits

Wage reimbursement advantages

Vocational rehabilitation benefits

Workers comp Laws

Workers compensation laws are regulated by each state legislation and from federal statutes. Both provide to get awards for their dependence at the eventuality of employment-related accidents and diseases. These statutorily-prescribed awards enable the injured worker to receive compensation without initiating legal action against an employer. The various state acts disagree with respect to the sort of workers insured, the amount and duration of benefits, and different details.

A lawyers Obligations Overall

The ultimate goal of a workers compensation attorney representing the claimant the wounded worker - is to help that individual obtain rewards. The goal of theworkers comp attorney representing that the defendant, which are the employer or the company's insurance company, is always to mitigate the defendant's liability.

Typical job functions of a workers comp lawyer include:

Collect medical proof and medical documents

Taking depositions of the claimant, physicians, medical experts, and other parties

Conducting discovery

Acting legal research

Remaining current with advancements in the law

Drafting pleadings, findings of fact, moves, briefs, opinions, and other legal documents

Litigating cases in Front of a judge or referee

Certain Claimant Attorney Responsibilities

Workers comp lawyers about the claimant side has to have a working comprehension of the claims filing process, as well as compassion for the wounded party's position. An attorney representing the claimant is going to typically:

Answer clients' questions and direct them throughout the workers comp method.

Contact medical care providers and complete paperwork relating to the claim.

Signify the interests of this claimant at hearings, trials, depositions, oral arguments, mediations, arbitrations, and other proceedings. Visit this link: Rhode Island's Premier Legal Team for details.

Assist the wounded worker using positive aspects, which includes appropriate medical care.

Communicate with all the worker's managers around the wounded worker's status.

Negotiate settlements on behalf of the claimant.

A top notch claimant's attorney should have remarkable negotiation abilities based on an accurate assessment about what the case is honestly worth--no pipe dreams or inflated figures.

Certain Protection Attorney Obligations

About the other hand, attorneys help insurance companies or self-insured employers mitigate their exposure and shield against workers comp claims. They need to understand the claims-handling instructions for each enterprise component they work with and also be able to budget expenses and calculate exposure. They have to have knowledge about billing procedures.

Skills and Knowledge

Other capabilities and comprehension are required to excel as a workers compensation lawyers in addition to these essential legal skills.

Workers Comp Attorney Compensation

Claimant attorneys rarely charge an hourly rate fee. It really is additional customary that they work with a contingency basis, amassing a percentage of any award received for a claimant, anywhere from 10% to 33 percent. Some state laws cap that the percentage.

Job Natural Environment

Workers comp attorneys perform in an office environment, frequently employed at a law firm or within a corporate legal department. Regular travel to hearings, arbitrations, depositions, and occupation blogs can be required. Hours can be demanded because to traveling to hearings and depositions in distant locations, and if preparing for hearings.

#workers comp attorney #workers compensation

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vorheesmusic-blog · 5 years

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A Guide To Find The Best Employees Compensation Lawyers

In the event you undergo any kind of work related injuries and find it tough to acquire compensation rewards, the person who can assist you is just a worker's compensation lawyer. States occur when insurance or your business reduces your claim despite creating healthcare expenditures and medical records. A workers comp lawyer ri comprehends the legal complexities and will be able to assist you to learn all of your rights and duties under law.

Here is an easy guide to locate a very good Rhode Island workers comp lawyer to help youpersonally. List down 3 or 2 lawyers you understand, speak to them and arranged a direct appointment. Usually, workers compensation lawyers won't demand a payment for the very first conference. Within a interview, the attorney analyzes your position and it's really all up to you to appraise if you'd like the service of the lawyer. Lest your conversation cannot be proposed it might signify that the attorney program is busy and he might not need the advice that are proper to handle your problem.

In your discussion, consider these things in your mind and employ them to help if you want to employ the lawyer, evaluate or get another one. Do a little research on advice regarding the credentials of workers compensation attorney providence in workers compensation law. The personal site as well as the certification agency of a state of the attorney are exceptional resources. See perhaps their law office and the lawyer represent the employer's insurance carrier or employees. Workers' compensation lawyers work as either one of the two. A contact with this lawyer's business office is a approach. Learn the degree of the lawyer's knowledge in handling workers compensation cases and how long that individual worked in this field of lawenforcement. You might also inquire just how a lot of this attorney's training is practiced to handle workers compensation cases.

It is possible to consult the lawyer about their knowledge about your company's compensation insurance carrier and their legal professionals. Once you interact with the lawyer, give attention to whether she or he is a great listener, recognizes the issues on your situation and can be in control of how the law implements. You want to feel confident also have the confidence she or they is able to offer solution to your workers compensation case. Observe the office employees. In the event you hire the attorney, you will communicate together on a normal basis. These folks must be considerate, useful and professional. In your conference, consult the attorney to get a retainer contract and recommendations which might include other legal professionals or clients. Contact the references that are provided need to support your ideas in regards to the lawyer. And lastly, inquire and discuss the retainer arrangement.

Workers compensation attorneys' fees are primarily based on a proportion of this amount and are arranged by state rules you regain and charges, so that you definitely won't be coping with a retainer fee. Check into approximated expenses, like the court docket journalists and watch service fees. You opt to hire them, and In the event the lawyer confirms to handle your case, you need to become assured and secure about your decision. Your court instance might simply take a period ; therefore that you could be applying your lawyer's service for the long term, it could require years. Make the decision for the own case.

#workers compensation attorney providence #workers comp lawyer ri

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findanattorney · 4 years

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Can I Be Fired For Temporary Disability During Coronavirus?

The laws covering whether you can be fired for temporary or short-term disability due to physical or mental illness or injury are complicated. And it can even be trickier to give a straight answer in light of the unprecedented reality of the present time due to the coronavirus pandemic.

But generally, the answer depends on whether you were taking leave under the Family and Medical Leave Act (FMLA) or similar state leave law, taking other unpaid leave, or collecting workers’ compensation temporary disability benefits.

Your job is not automatically protected whether or not you are collecting short-term or long-term disability insurance benefits. An individual can always be fired due to business necessity or laid off for performance issues that don’t necessarily have to do with their disability.

Also, there are some situations in which an individual can legally be fired even though they are on disability leave, as long as their employer didn’t run afoul of any of the rules under the American with Disability Act (ADA).

This article looks at certain areas of legal provisions that can guide you on your next move if you have been laid off for short-term disability during coronavirus.

What Is Considered A “Disability”

Before considering the various options open to you on your matter, it is important to look at what counts as a “disability” in the eyes of the law.

Disability is generally defined as any sort of injury or illness that renders one unable to do their job. This may include a major injury with a long recovery period, an illness that requires regular treatment, or an injury sustained in an accident.

In fact, mental issues such as depression that make it challenging for you to meet your job demands may also qualify as a disability. However, an individual must be able to prove that they’d been struggling with the issues for some time. For example, a proof that the affected person has been consulting a psychiatrist could be presented to strengthen their claim.

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What Is Short-Term Disability?

Short-term disability is a type of insurance benefits that provides some compensation or income replacement for non-job related injuries or illnesses that incapacitated you from working for a limited time period. Please note that injuries that happen in the course of discharging your work duties will typically be covered by workers’ compensation, rather than short-term disability.

Who Provides Short-Term Disability Insurance?

Your employer might offer you a short-term disability plan, but this depends on the subsisting laws of your state regarding the matter. Only five states (California, New Jersey, Hawaii, Rhode Island and New York) mandate employers to offer a short-term disability plan to their employees. Meanwhile, many employers choose to offer temporary disability benefits anyway as they receive a federal tax reduction for doing so.

In the event that disability benefit is not offered by your employer, you can purchase insurance for disability privately. The cost typically varies depending on your age and your annual income. Ideally, you should expect to pay between 1-3% of your annual gross income. Short-term disability insurance can be purchased by visiting an insurance agent in your state who is licensed to sell disability insurance.

Do You Have Job Protection If You Couldn’t Work Due To A Temporary Disability?

Unlike a leave of absence you make under FMLA, temporary disability doesn’t offer any direct job protection. That said, you can be legally fired from your job while on leave, and you also are not entitled to the exact position when you returned (in case you are later reconsidered).

The ADA protects people who meet its standard or definition of disability. The law makes it far more challenging for companies who are covered by ADA (businesses that employ 15 or more workers) to fire an employee as a result of disability.

There are conditions your employer must make before taking the decision to lay you off. For example, ADA mandates every business covered by the law to first determine whether or not they could “accommodate” (without causing the company “undue” hardship) the affected employee by making the job suitable for them given the nature of their impairment(s).

Your company must work with you to try several possibilities of accommodation in an effort to find something that works for both parties. Your employment can only be terminated after trying several options without finding any reasonable way to enable you fulfill the essential responsibilities of your position.

Wrapping up

If you were fired while on disability leave (FMLA or not), speak to an experienced disability or employment lawyer in your state. You may have a claim for a wrongful termination under the FMLA or ADA. But before you file a lawsuit against your employer, you need to file a complaint with the Equal Employment Opportunity Commission (EEOC).

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bestmarijuanaboutiques · 4 years

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Illinois: Impact of marijuana legalization important lesson for employers

New Post has been published on https://bestmarijuanaboutiques.com/?post_type=wprss_feed_item&p=24114

Illinois: Impact of marijuana legalization important lesson for employers

The Chicago Daily Law Bulletin reports

The road to Illinois becoming the 11th state in the country along with the District of Columbia to legalize adult-use recreational cannabis was a long and winding one.

Now that the law has finally gone into effect, however, human resources executives around the state are realizing that the real work of understanding and applying the law to their employees is just beginning.

Employers will need to refine existing policies and, in many cases, craft entirely new ones to address the issues created with legalization, a process that will require input from labor and employment lawyers as well as those specifically focused on cannabis regulations, working in concert with in-house counsel.

The complexities of this issue were discussed at length at a recent B-Sharp at Breakfast event.

Benesch launched B-Sharp in 2018 as a networking and professional development platform for women corporate counsel. The Jan. 23 forum, “The Legalization of Cannabis and Implications Under State Law,” brought together labor and employment lawyers, members of Benesch’s cannabis practice group and in-house counsel from Illinois employers.

Attendees examined the evolution of labor and employment law in legalized cannabis states, such as Illinois, and the many new human resources challenges that employers in Illinois now face in the post-legalization environment.

Front and center for the panel was the important topic of employee drug-testing. Most notably, attendees at the forum discussed how zero-tolerance laws will mesh with employees who use cannabis for prescribed medical purposes as well as what kind of impairment standard employers should use to enforce their policies.

“The issue with drug-testing employees is that there is no dependable way to test for the level of impairment,” said Ali Jubelirer, general counsel of Revolution Enterprises.

Employers in Illinois also need to grapple with what to do when employees who hold a medical cannabis card fail a drug test. Across the country, results of employment cases involving medical cannabis use by employees have been split.

In the 2015 Colorado case, Coats v. Dish Network, an employee was fired for failing a drug test. But the employee in question was a quadriplegic who was a registered medical cannabis user. In this matter, the Colorado Supreme Court eventually ruled that the employer did not violate the state’s anti-discrimination statute for firing the employee.

But in other cases, the court rulings were employee-friendly. In the 2019 case Whitmire v. Walmart Inc., the U.S. District Court in Arizona ruled that the employer discriminated against its employee under Arizona law when it fired her, a medical marijuana cardholder, solely due to a positive marijuana drug test.

In a 2017 case in Rhode Island, Callaghan v. Darlington Fabrics, the Rhode Island Superior Court ruled that the medical marijuana act created an implied private right of action and that an employer had violated the act when it refused to hire a medical marijuana user.

And, in the 2017, case Barbuto v. Advantage Sales and Marketing LLC, the Massachusetts Supreme Judicial Court ruled that while the Massachusetts medical marijuana act did not create a private cause of action, failure to accommodate an employee’s use of medical marijuana might run afoul of that state’s Fair Employment Practices Law.

As long as cannabis remains classified by the U.S. Drug Enforcement Administration as a Schedule 1 narcotic and is thus illegal at the federal level, the onus is on individual states to craft laws that protect both employers as well as citizens who use cannabis legally.

Here, in Illinois, as we continue the transition to adult-use cannabis sales, legislators and employers are working together on the next steps. Retaining employer protections of a drug-free workplace is critical, as is monitoring increases in employee use.

Employers also face questions around how to address use among remote workers and what to do about employees using medical marijuana for pain treatment while receiving workers’ compensation benefits.

It is key for employers in Illinois to stay up to date with this new and complex law and to develop strategies for compliance.

Source: https://www.chicagolawbulletin.com/impact-of-marijuana-legalization-important-lesson-for-employers-20200318

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singhlaw4u · 3 years

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Looking for the best criminal defense lawyer in the State & Federal Courts of Massachusetts and Rhode Island?

Then, Singhlaw4u is a perfect place to find certified lawyers.

Attorney Singh has tried fifty-four jury and various bench trials successfully. He has managed numerous criminal, worker’s compensation, and personal injury cases for MA & RI firms. He also represents several nationwide clients, who need to manage immigration and social security matters. Attorney Singh is even a certified mediator, who can ensure clients win all criminal-related cases. If you want to schedule a consultation, send us an email at [email protected] right now!

#MA criminal defense lawyer #ma oui lawyer #ma dui lawyer

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resminilawoffices · 3 years

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If you or a loved one has been involved in a case of Defamation, Intentional Acts, Defective Products, or Accidents, contact our Personal Injury Attorneys Rhode Island at 401-751-8855 for legal assistance.

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ixvyupdates · 5 years

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I’m Celebrating Teachers But I’m Not Celebrating Their Unions

When I was a teenager, the greatest honor my dad bestowed was the chance to help him grade multiple-choice questions. Up in his bedroom on a Sunday afternoon, he’d sit at his desk preparing lesson plans, fingers clattering on our manual Smith Corona typewriter. Meanwhile, I’d lie on the floor with an answer sheet, carefully making check marks and X’s on the papers he brought home from his social studies classes at John Bowne High School in Flushing, Queens.

Dad always worked on Sundays. Over the years, as his school’s enrollment shifted due to the arrival of many newly immigrated students from China, he worked even harder, because his principal recognized his ability to reach these academically ambitious English-language learners. When Dad died unexpectedly, we received many laboriously written consolation cards from his new students emanating sorrow and appreciation.

This is all to say that I’m fully aware of the intense dedication and hard work required of good teachers and of the pride my parents took in their union. They took particular pride in their union president, Albert Shanker, who led the United Federation of Teachers (the New York City arm of the AFT, the American Federation of Teachers) until 1985. They admired him not only for championing members’ rights, but also for protecting students and families.

And it was UFT’s successful battle for higher wages that allowed our family to exercise school choice and move from a tiny Bronx apartment with mediocre schools to a real house in Queens, zoned for an excellent K-6 school.

Those were good years to be a teachers union member. I don’t think it’s so good now.

My Dad Would Be Horrified

On May 1, we celebrate May Day, also known as International Workers Day, which commemorates labor movements. Honestly, if they were here today, I don’t think my parents would celebrate.

Instead, I think they’d be horrified by the Rhode Island teachers unions’ efforts to beat back a bill that would criminalize teachers having sex with students, as reported here by my friend and colleague Erika Sanzi.

I think they’d be sickened by the California Teachers Association’s top brass lobbying for a “downright vicious” set of bills that, according to the L.A. Times, include a “ham-fisted” attempt to “squash the formation of potentially great charter schools in an effort to please the teachers union.”

I think they’d oppose leaders like Michael Mulgrew, current president of their beloved UFT, who in 2014 convinced then-Chancellor Carmen Fariña to force principals to hire bad teachers.

I think they’d be embarrassed by the $2.6 million in compensation gifted to New Jersey Education Association’s (NJEA) top leaders. And I think they’d be mortified by Newark Teachers Union President John Abeigon’s antics, which include condoning blackface and defending indefensible teachers.

What has happened over the past few decades? How have teachers union leaders become so disconnected from those they represent?

This hasn’t happened in all unions. Last weekend Tom Moran of the New Jersey Star-Ledger contrasted Hetty Rosenstein, head of our state’s branch of the Communication Workers of America, with NJEA President Ed Richardson. While Rosenstein understands the need for pension reform and takes a salary of $115,000 a year, Richardson refuses to discuss pension reform, even though his members desperately need him to engage. In 2015, Richardson took home a compensation package of $1.2 million.

Union Leaders Must Embrace Accountability

It’s still possible for union leaders to ethically and smartly represent members. What keeps teachers union leaders from doing this?

First, almost everyone I know in the education world understands the importance of raising the prestige of the teaching profession and increasing salaries. After all, most teachers have graduate degrees, just like doctors and lawyers, so why is the average salary only about $60,000, even when you factor in summers off?

One reason is that good teachers are treated like widgets, interchangeable cogs in a machine. That’s because union leaders are adamantly opposed to differentiating pay based on classroom effectiveness and subject matter.

Instead, they insist on “step and lane” salary guides, where teachers get annual raises automatically, regardless of student outcomes or supply and demand. Most also get job security after three or four years.

This system, free of accountability and merit, is a primary reason for the prestige gap. How can a profession be highly regarded when less than 1% of members are judged ineffective? How can a profession be prestigious when it’s almost impossible to get fired?

Prestige and accountability are a package deal. As long as union leaders resist this reality, they’ll continue failing their members.

The second reason that teachers union leaders represent their members poorly, I think, is the excessive political power they wield. As Lord Acton said, absolute power corrupts absolutely. Without accountability to their membership, they lose touch with reality.

Think back to the 2016 presidential elections when the country’s two major teachers unions, the National Education Association (NEA) and the AFT, prematurely endorsed Hillary Clinton. The feedback was, well, less than enthusiastic. Said one reporter, “Though the AFT Executive Board voted to endorse Clinton, there is little evidence it did so after adequately gauging members’ opinions… The move caused an uproar and claims the AFT endorsed too early and without rank and file support.”

In fact, more teachers favored Bernie Sanders over Clinton, and 20% of teachers ended up voting for Trump. But AFT and NEA leaders don’t even pretend to represent member preferences.

Right here in New Jersey, teachers I’ve spoken with support pension reform because they know that without major shifts the whole system will implode in 2027. But their union’s leaders refuse to budge. (Little known fact: NJEA office staff have access to a different deferred compensation system, including 401Ks, so their retirement funds are just fine.) And many of our teachers were appalled to see their leaders spitefully spending $5 million of their union dues in a failed attempt to oust Senate President Steve Sweeney, a ironworker’s union official himself, in favor of a climate change-denying, Trump-loving, immigration foe.

In my parents’ day, there was little disconnect between teachers union leaders and their members because union leaders respected their membership. I know Albert Shanker is long gone, but surely teachers deserve leaders more like him and less like those they have now.

Until today’s teachers union leaders repair these breaches of trust, teachers who value integrity and student growth—people like my parents—will regard their union leaders as guided by self-interest and power, rather than by what’s best for their members and the students they educate.

Photo by Twitter Trends 2019, CC-licensed.

I’m Celebrating Teachers But I’m Not Celebrating Their Unions syndicated from https://sapsnkraguide.wordpress.com

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squigglylegacy4-blog · 5 years

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Receive Compensation for Elder Abuse With the Help of Personal Injury Lawyers in Los Angeles

Bicycling is a popular sport in Rhode Island and Massachusetts. This article provides some background to the bicycle helmet laws on this state. Because the insurance company already has legal representation, and it's also only fair that you will get it as well. If you have been injured in an accident or on the negligence of somebody else, then likely you will need a injury lawyer if your injuries are extensive.

If insurance coverage is getting used in an Accident Records Bureau, then you'll hear rapidly from the insurance company by having an offer to any expenses related to your injury. In Rhode Island bike law practice, there are horrible personal injury suffered in connection with bicycling. new york city car accident attorney England roads offer breathtaking ocean and farm views. Insurance companies will always want to be in for to a minimum, along with a good personal injury attorney will likely be able to find you more, or perhaps in simple terms, get you what you really are rightly owed in the case of an unfortunate accident.

After settling the amount you need to invest in your injury compensation lawyer, you need to progress and turn into acquainted with the lawyer. The reason for this is simple. The best advice for you to do currently is to not accept any offers to be in having an insurance company til you have spoken to a lawyer. Consider getting a lawyer containing enough experience of handling cases that are in connection with yours.

This should help you determine if the lawyer is right for you. Now, it is not necessary for something serious to occur to understand the need for creating a lawyer. Other instances may be - a business or store's malfunctioning machine, wet floor with out a sign, assault plus a misinformation of ingredients in a regular cup noodles. There are lots of similar yet minor instances you could encounter eventually. Having improper establishment of safety precaution indicates construction workers are at risk of getting seriously injured.

Your first task must be to look into the lawyer's rate of success. Deaths among construction workers included 15 percent of all job-related deaths in the United States, in accordance with the Bureau of Labor Statistics (BLS). In many cases where injuries and accidents will probably be reported with an insurance company, an attorney may be beneficial to retain. They could also die either right then or after succumbing from injuries as a result of said hazards.

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davidslepkow · 4 years

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Covid 19 and workers compensation in Rhode Island

Many Rhode Island workers who were infected with the Novel Coronavirus may need to seek workers compensation benefits to pay costs of hospitalization, prescriptions and lost wages. Families of workers who died as a result of Coronavirus will need to be compensated for the loss of future income for the remainder of the deceased’s life expectancy. This article addresses whether employees in Rhode Island, who were infected with Covid 19 at work can receive worker’s compensation benefits. Can the families, dependent children and spouse of a deceased worker obtain survivor compensation as a result of a death that arose out of the deceased’s employment? Does Workers’ Compensation in Rhode Island Cover Coronavirus (covid 19)?

Speak directly with an attorney on his cell phone, contact our Covid 19- Workers Compensation Hotline 24/7 at (401) 648-3580

This article was authored by Rhode Island lawyer, David Slepkow. David has 22 years of legal experience.

Questions that many Rhode Island workers are asking:

If I am infected with Covid 19 at work, can I get worker’s compensation benefits?

Can nurses and healthcare workers who tested positive for Covid 19 get workers compensation benefits in Rhode Island?

If a person contracts Covid 19 at work and later dies, can the family, spouse or children get survivor death benefits from a workers’ compensation claim?

Will workers infected by Coronavirus get workers compensation benefits?

This question has not been answered yet and will probably be litigated in the near future. Employees who contracted covid 19 during their employment should be entitled to workers compensation benefits in Rhode Island if they can establish that the virus infection most likely occurred at work. Healthcare workers and nurses with Beacon mutual insurance will be provided worker’s compensation coverage. The State’s largest worker’s compensation company, Beacon mutual, has announced that they will expedite claims for nurses and healthcare workers and presume that their infection was contracted at work.

There are two primary issues concerning Covid 19 and workers compensation benefits:

Can an employee prove that their Covid 19 infection occurred in the course of their employment?

Is the Covid 19 virus a compensable “occupational disease” that is connected with or arising from the peculiar characteristics of the employment?

The Insurance companies may attempt to deny certain claims alleging there is no proof that a certain employee contracted Covid 19 at work. The indemnity companies will also assert that Rhode Island law does not allow for payment of benefits in this type of situation because Covid 19 is not a disease that arises out of a particular type of employment.

RI Law: Coronavirus must ‘arise out of and in the course of employment.’

Eligibility for comp. benefits under the Rhode Island workers compensation law is premised on the injured worker establishing that a diagnosed illness arose out of their employment. The worker must establish that a diagnosed illness was not as a result of exposure from other non-work related sources. Pursuant to Rhode Island workers compensation law, an employee’s injury must arise out of and be and in the “course of his or her employment, connected and referable to the employment” (7)(i) Employees who are comp. claimants must retain a Rhode Island workers compensation lawyer to prove that the novel corona virus infection took place at the workplace and resulted from work for the employer.

What type of benefits are available in workers compensation court for Covid 19 victims?

medical expenses

replacement of lost wages

disability benefits for workers who cannot work as a result of the disease or injury

death benefits to the families who lost loved ones

Speculation that Coronavirus infection occurred at work is not enough

If an essential frontline employee is infected with Coronavirus, in all likelihood the infection occurred at the employees’ workplace. However, speculation, guesswork and common sense will not win a Rhode Island workers’ compensation case. The Rhode Island workers compensation attorney must establish in Court by competent evidence that the Coronavirus infection occurred at the workplace. “As a general rule, an employee’s injury is compensable if the particular facts and circumstances presented establish a “nexus” or a “causal relationship” between the injury and the employment.” Frank P. TAVARES v. A.C. & S. INC., 462 A.2d 977 (1983), Bottomley v. Kaiser Aluminum & Chemical Corp., R.I., 441 A.2d 553, 554 (1982); Knowlton v. Porter Trucking Co., 117 R.I. 28, 30, 362 A.2d 131, 133 (1976).

A matter of proof

A worker may have difficulty proving that they were infected while at work. The insurance company could argue that the disease did not arise from work. The insurance company could assert that the worker contracted the virus while they were shopping for their own groceries, from a family member, at a friend’s house or out in the community. An employee who is infected by the Covid 19 virus should hire one of the best workers compensation lawyers in Rhode Island. The RI workers’ comp lawyer will fight to get justice for the victim and hold the insurance company accountable.

What is the standard of proof to establish that Coronavirus infection took place at work?

The Rhode Island workers compensation lawyer must establish by a fair preponderance of the evidence that the Covid 19 infection took place at work. This means it was more probably than not that the infection took place in the course of employment. In order to prove that the employee was infected by the Novel Coronavirus in the course of the worker’s employment, the RI workers compensation lawyer may need to retain a virologist, infectious disease expert, epidemiologist, or occupational disease specialist. Preponderance of the evidence is the standard of proof used in Providence Workers Compensation Court. Preponderance of the evidence is also the standard of proof utilized in the vast majority of civil cases in Rhode Island.

The workers compensation judge would have to make a determination whether the expert was competent to testify. The seminal case in Rhode Island for the admissibility and reliability of expert testimony is the RI Supreme Court case of Dipetrillo v Dow Chemical Company. The Dipetrillo Court adopted the reasoning and decision of the United States Supreme Court case of Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993)

“Faced with a proffer of expert scientific testimony, then, the trial judge must determine at the outset, pursuant to Rule 104(a) whether the expert is proposing to testify to (1) scientific knowledge that (2) will assist the trier of fact to understand or determine the fact in issue. This entails a preliminary assessment of whether the reasoning or methodology underlying the testimony is scientifically valid and of whether the reasoning or methodology properly can be applied to the facts in issue.” Daubert , 509 U.S. at 592-93, 113 S.Ct. at 2796, 125 L.Ed.2d at 48

Applicable Rules of evidence

Providence Workers Compensation Court utilizes the RI rules of evidence in all trials and testimonial hearings. “Rule 104(a) of the Rhode Island Rules of Evidence provides that the court shall determine “[p]reliminary questions concerning the qualification of a person to be a witness * * * .” Rule 702 of the Rhode Island Rules of Evidence provides as follows with respect to expert witnesses: “Testimony by experts. — If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of fact or opinion.” https://www.courts.ri.gov/Courts/SupremeCourt/OpinionsOrders/orders/09-355.pdf

Will workers’ compensation insurance companies attempt to deny Covid 19 claims for employees who worked during the pandemic?

Only time will tell what positions the insurance companies will take as to whether they will accept liability for the occupational disease claims for Rhode Island residents who worked during the pandemic of 2020. There may be a legislative solution in Rhode Island. A legislative solution may include a presumption, in all cases, that all workers infected with Covid 19 arose during the course of the employee��s employment. Rhode Island worker’s compensation insurers may do the right thing and capitulate to political and social pressures to accept accountability for Covid comp. claims.

Will nurses and medical professionals who test positive for Coronavirus qualify for workers compensation benefits?

One of the largest workers comp. insurers, Beacon Mutual Insurance Company, recently announced that they will presume that all healthcare workers who worked during this pandemic, who were infected with Covid 19, were injured in the scope of employment. The vast majority of workers in Rhode Island are insured by Beacon. Beacon mutual insures over 60 percent of the workers in Rhode Island. Beacon’s move was a nice gesture of social responsibility in the face of a statewide crises causing thousands of deaths. However, Beacon’s policy does not go far enough. Beacon’s policy does not address the plight of non-healthcare workers such as grocery store workers, Walmart employees, nursing home staff, hotel workers, delivery drivers, construction workers and others who were exposed to Covid 19 virus at the workplace.

Rhode Island’s largest workers’ compensation insurance provider, Beacon mutual, stated:

“In order to be eligible for workers’ compensation benefits under the Rhode Island Workers’ Compensation Act, claimants need to prove that their diagnosed illness arose out of and in the course of their employment, and not through other potential sources of exposure. In an attempt to expedite any workers’ compensation claims by those providing treatment and care for COVID-19 patients, Beacon intends to recognize the heightened risk of COVID-19 exposure to policyholder health care workers and to presume that those health care workers diagnosed with COVID-19 have an occupational disease, thereby making them eligible for workers’ compensation benefits. Specifically, throughout the declared state of emergency in Rhode Island, Beacon will address any such claims as follows:…”

The State of Rhode Island issued a press release stating:

“Workers Compensation: Beacon Mutual Insurance Company, which insures 12,000 Rhode Island businesses, will be allowing frontline healthcare workers to file for workers compensation under the presumption that they contracted the virus in the course of doing their jobs – and will expedite those claims….” Press release

Go local Providence covered Governor Raimondos press conference and Governor Raimondo stated, “I have said all along there have been so many companies in Rhode Island that have been fantastic…I want to recognize Beacon Mutual who insures over 12,000 Rhode Island businesses. I’m announcing on their behalf that Beacon will be allowing frontline healthcare workers to file for workers’ compensation under the assumption they contracted it while on the job….This is an additional benefit on top of [Temporary Disability Insurance, Unemployment Insurance, and Pandemic Unemployment Assistance]…. There’s a number of different benefits available if you’ve lost your job or contracted the disease…”

Can I be denied workers compensation coverage because Coronavirus is not technically an injury?

Under RI law, both an injury and an “occupational disease” is covered by workers compensation benefits. Coronavirus infectious disease illness does not fall in the four corners of any RI workers comp. laws. However, the Novel Coronavirus pandemic is an unprecedented and unanticipated global pandemic. The law in Rhode Island may categorize Coronavirus as an “occupational disease” not an injury. An occupational disease which arises out of work may be treated the same way as an injury in Rhode Island Workers Compensation Court.

“The Legislature enacted G.L. 1956 (1979 Reenactment) Chapter 34 of title 28 in order to protect the worker who was exposed to conditions that resulted in disability because of an occupational disease. Evidently the Legislature recognized that an occupational disease is set apart from accidental injuries in that it is not unexpected — because it is incident to a particular employment — and it is gradual in development.” Frank P. TAVARES v. A.C. & S. INC., 462 A.2d 977 (1983) See Morgan v. Stillman White Foundry Co., 87 R.I. 408, 414, 142 A.2d 536, 538-39 (1958); Perez v. Columbia Granite Co., 74 R.I. 503, 507, 62 A.2d 658, 660 (1948); see also 1B Larson, The Law of Workmen’s Compensation § 41.31, at 7-357 to -358 (1982).

“Section 28-34-1(c) defines the term “occupational disease” as “a disease which is due to causes and conditions which are characteristic of and peculiar to a particular trade, occupation, process or employment.” Disability arising from silicosis or asbestosis is listed in § 28-34-2(32), as amended by P.L. 1982, ch. 32, art. 1, § 8, as a compensable occupational disease and is therefore treated as a personal injury. Moreover, § 28-34-3, as amended by P.L. 1982, ch. 32, art. 1, § 8, and § 28-34-4, as amended by P.L. 1979, ch. 151, § 1, provide that a disabled employee is entitled to compensation if the occupational disease is due to the nature of the employment and was contracted within that employment. Furthermore, when a worker has contracted an occupational disease from being exposed to a harmful substance over a period of years and in the course of successive employment, § 28-34-8 specifies that the employer who last exposed the worker to the harmful substance is liable to pay the entire compensation.” Frank P. TAVARES v. A.C. & S. INC., 462 A.2d 977 (1983) See also Esmond Mills, Inc. v. American Woolen Co., 76 R.I. 214, 219, 68 A.2d 920, 923 (1949).

Is Covid 19 an Occupational disease that you can get compensation benefits?

Rhode Island General law § 28-34-1 defines an occupational disease as “a disease which is due to causes and conditions which are characteristic of and peculiar to a particular trade, occupation, process, or employment.” Pursuant to Rhode Island Law 28-34-3 occupational diseases that are set forth in Rhode Island General Law § 28-34-2 are treated the same way as other injuries in workers compensation court. The problem is that 28-34-3 does not list a respiratory virus such as Covid 19 as a compensable injury. RI law 28-34-3 lists a “Disability arising from any cause connected with or arising from the peculiar characteristics of the employment” as a compensable occupational disease.

“Under Rhode Island Workers’ Compensation Law, an occupational disease is set apart of accidental injuries in that it is not expected because it is incident to a particular employment, and it is gradual in development. Accordingly, R.I. Gen. Laws § 28-34-1(3) defines the term “occupational disease” as “a disease which is due to causes and conditions which are characteristic or peculiar to a particular trade, occupation, process of employment.” Disability arising from any cause connected with or arising from the peculiar characteristics of the employment is noted in, R.I. Gen. Laws § 28-31-1(33) as a compensable occupational disease and is therefore treated as a personal injury. Moreover, disabled employees are entitled to compensation if the occupational disease is due to the nature of the employment and is contracted within that employment. See R.I. Gen. Laws § 28-34-3 and §4.” JD Supra

“Rhode Island has yet to address acute instances of contraction of infectious diseases in the workplace. The state is notable for having limited case law, not just in the realm of workers’ compensation, but we anticipate this issue may be litigated in the coming years, given the widespread nature, and great impact of COVID-19. It is arguable that for employees such as cashiers, waitstaff, or other individuals who work closely with the general public, that contraction of COVID-19 is a condition that is characteristic or peculiar to the particular trade, occupation or employment. We anticipate claimants’ attorneys will argue that the conditions of such particular employment, makes workers suspectable to communicable diseases. This is the argument we anticipate will be made to ensure contraction and perhaps even simple exposure of COVID-19 is determined a compensable injury.’ JD Supra

The insurance company may try to deny claims asserting that Covid 19 is not due to causes peculiar to certain types of employment

The workers compensation insurance defense lawyers may argue in certain types of employment that Covid 19 does not arise from a peculiar characteristic of the employment as described in §28-34-3. In other words, infection with Covid 19 does not arise out of a peculiar characteristic of being a construction worker or pizza delivery driver. Furthermore, RI workers comp defense lawyers are likely to argue that Covid 19 is not an occupational disease as described in § 28-34-1 because it it is not’a characteristic and peculiar to a trade, occupation or process of employment. It will be more difficult for the insurance defense lawyers to assert that contraction of a disease such as Covid 19 would not arise out of the characteristics of working as a doctor, nurse, medical provider or nursing home staff. This reality may have been Beacon’s rationale for accepting accountability for workers’ comp. claims of nurses and medical providers who contacted Covid 19.

A unique and unprecedented challenge

Covid 19 infection presents a unique challenge to the workers compensation statutory scheme in Rhode Island. RI workers’ comp laws, clearly, did not and could not have anticipated a pandemic to this extent affecting the workforce in Rhode Island. The four corners of the workers compensation statute, case law and regulations are not directly referring to infections of workers caused during a pandemic of this nature and proportion.

Will lawmakers revise and update the RI workers compensation statute to provide coverage to employees?

There is a real possibility that the Rhode Island legislature amends the Rhode Island worker’s compensation to specifically include the Novel Coronavirus as a specific occupational disease that may arises out of employment and for which workers will be potentially entitled to benefits. The second issue would be whether the legislature creates a presumption for certain types of workers that Covid 19 infection ws contracted by employees during the course of their employment.

Will legislation be enacted in Rhode Island creating a presumption that a worker who tested positive for Coronavirus was infected at work?

There is a possibility of the Rhode Island Legislature enacting specific legislation to definitively create a legal presumption that all worker infections occurred at work. If the Rhode Island legislature creates a presumption, they must specifically state that it applies retroactively to Covid 19 victims. “As a general rule a statute is presumed to operate prospectively and not retrospectively, unless it appears by clear, strong language or by necessary implication that the Legislature intended to give the statute retroactive force and effect State v. Healy, 410 A. 2d 432 – RI: Supreme Court 1980,Langdeau v. Narragansett Insurance Co., 96 R.I. 276, 279, 191 A.2d 28, 30 (1963); Capobianco v. United Wire & Supply Co., 78 R.I. 309, 312, 82 A.2d 170, 172 (1951).

Fault or the failure of employers to follow safety protocol is not required

Even though an employer has good intentions, an employee could still be infected with Covid 19 at work. Despite an employer following the law and instituting proper safety protocols to protect their employees, members of their workforce can still be infected with the Novel Coronavirus. Fault and negligence of the employer is not an element of a workers’ compensation claim in Rhode Island and Providence Plantations. In other words, if an employee is injured or is infected with a virus at work, the employer is required to pay workers comp. benefits even if the employer did nothing wrong.

Workers compensation law in Rhode Island is relatively simple. If you are injured in the course of your employment, you are usually eligible for benefits. An employee is not required to show that his or her employer was negligent. An injured worker is not required to prove that negligence caused their injury.

Frontline workers- the heroes of this war

The heroes of the Covid 19 pandemic crises are now the frontline workers in Rhode Island. Frontline workers are providing essential services and goods to the public during these difficult times. The State of Rhode Island and the United States are effectively at war with an unconventional enemy, Covid 19. The frontline to this war is not soldiers. The frontline is the grocery store worker who check you out at Shaws / Stop and shop, delivery drivers and clerks at CVS providing your necessary and life-saving medications.

Essential frontline workers include: nurses, health care workers, first responders, EMT workers, medical providers, deliver drivers, physicians, store clerks, cashiers at the supermarket and other heroic workers in Rhode Island. Many employers are not providing their employees proper masks and personal protective equipment (ppe) Employees in Rhode Island face a substantial risk of exposure to the Novel Coronavirus.

Nurses and the workforce selflessly endangering their health and safety

Governor Gina Raimondo, local municipalities and the RI Department of Health have issued many safety protocols for Rhode Island employers. Thankfully, the vast majority of employers are instituting proper precautions for their employees and workers. However, many employers are not following CDC and State of Rhode Island Department of Health Covid 19 rules and recommendations. The employees, nurses and workforce are selflessly endangering their own health and safety by doing their jobs. These workers are risking their lives to allow Rhode Island residents to get essential services such as food, medication, toiletries, health products and necessary legal services.

Insurance hardball tactics

Insurance companies are well known for their hard ball litigation strategies and tactics that involve insurance companies denying, delaying and deflecting liability and responsibility for an injured employee’s injury.

Which Rhode Island employees have workers compensation available to them?

Rhode Island law mandates very stringent workers’ compensation requirements for the vast majority of employers and companies in Rhode Island. In certain cases, municipal employees are not covered by workers compensation.

House Labor Committee Chairwoman Anastasia Williams will introduce legislation in Rhode Island

“House Labor Committee Chairwoman Anastasia Williams will introduce legislation in Rhode Island which would create a presumption for all frontline workers that their Covid 19 infections are presumed to be work related. “A veteran state lawmaker is calling on Gov. Gina Raimondo to issue an executive order requiring that all front-line workers directly affected by coronavirus will have the illness presumed to be a work-related injury…House Labor Committee Chairwoman Anastasia Williams formally made the request on Monday in an email to the governor’s office, including a draft copy of the executive order. She told WPRI 12 she will introduce legislation with the same provisions if the governor does not take action herself….Under Williams’ proposal, the front-line workers category should include public safety personnel, government workers, janitors, public transit employees, grocery staff, retail clerks, truck and freight drivers, among others. Any of those workers who contract, have symptoms of or otherwise become affected with coronavirus shall have their medical condition or incapacity to work presumed to be work-related,” the draft order says. WPRI

“These selfless workers deserve to know that if the worst should happen and they become infected with COVID-19, that we recognize their sacrifice for our greater good, and their infection and recuperation should be deemed work-related,” Williams, D-Providence, said in a statement…In addition, Williams argues that public safety employees who are “incapacitated or unable to perform their duties as a result of the COVID-19 infection or exposure” shall have the time they spend hospitalized or quarantined classified as on-duty time, rather than being required to use paid time off such as sick days or vacation.” WPRI

“State Rep. Evan Shanley, D-Warwick, said he supports Williams’ proposal…Immediate action is required to support these courageous workers by affording them the basic protections afforded to injured workers under the Rhode Island Workers Compensation Act,” Shanley said in a statement. “The least we can do is tell these workers that their medical bills and families will be taken care of in the event they contract COVID-19.” https://www.wpri.com/news/politics-government/rep-classify-covid-19-infections-as-work-related-injuries-for-front-line-employees/

Can a spouse, child or family member file a wrongful death lawsuit against the employer as a result of a Covid 19 infection at work causing a fatality?

An employee subject to workers compensation law in RI cannot file a wrongful death lawsuit against their employer.

An employee cannot file a wrongful death lawsuit against one of his co-workers who caused him to be infected.

“In all cases where an employer and employee have elected to become subject to the provisions of chapters 29 – 38 of this title, the provisions of chapter 7 of title 10 shall not apply while those chapters are in effect.” § 28-29-21. Wrongful death law inapplicable.

Workers with Coronavirus cannot sue their employer seeking pain and suffering

An employee covered under workers compensation insurance cannot file a lawsuit seeking pain and suffering and other damages against their employer in Superior Court. “The right to compensation for an injury under chapters 29 – 38 of this title, and the remedy for an injury granted by those chapters, shall be in lieu of all rights and remedies as to that injury now existing, either at common law or otherwise against an employer, or its directors, officers, agents, or employees; and those rights and remedies shall not accrue to employees entitled to compensation under those chapters while they are in effect, except as otherwise provided in §§ 28-36-10 and 28-36-15.” 28-29-20. Rights in lieu of other rights and remedies.

What types of death benefits are available in workers compensation court to compensate surviving family members, spouse and dependent children?

Sadly, many nurses (RN and LPN), doctors, medical providers, anesthesiologist and nursing home employees died as a result of exposure to patients who had Cornavirus. Rhode Island General Law§ 28-33-12 sets forth the compensation available to family members from the employer, if a worker dies as a result of Coronavirus which occurred at work.

“(a)(1) If death results from the injury, the employer shall pay the dependents of the employee wholly dependent upon his or her earnings for support at the time of his or her injury or death, whichever is the greater in number, a weekly payment equal to the rate that would have been payable for total incapacity to the deceased employee under the provisions of § 28-33-17, except as provided in this section in case the dependent is the surviving spouse or child under the age of eighteen (18) of that employee.

(2) If the dependent is a surviving spouse, or surviving spouse upon whom there is dependent one or more children of the deceased employee including an adopted child or stepchild under the age of eighteen (18) years or over that age but physically or mentally incapacitated from earning, the employer shall pay the surviving spouse the weekly rate for total incapacity the deceased employee would have been entitled to receive under the provisions of § 28-33-17 plus forty dollars ($40.00) per week for each dependent child. § 28-33-12″Death benefits payable to dependents” Rhode Island General Law§ 28-33-12

Can the employer blame the victim for contracting Covid 19 and refuse benefits as a result?

If an occupational illness occurred at the workplace, pursuant to RI law 28-29-3, the employer cannot deny comp benefits alleging that the employee did not take proper precautions In an action to recover damages for personal injury sustained by an employee arising out of and in the course of his or her employment, connected with and referable to the employment, or for death resulting from personal injury so sustained, it shall not be a defense:

(1) That the employee was negligent;

(2) That the injury was caused by the negligence of a fellow employee;

(3) That the employee has assumed the risk of the injury. 28-29-3. Defenses abrogated as to injuries in course of employment.

Can a Coronavirus victim’s family, spouse or children file a wrongful death lawsuit against a third party for a work related death?

The victims’ survivors, spouse and family member can file a wrongful death lawsuit against third parties who are not their actual employees

In order to win a wrongful death lawsuit in Rhode Island for a work related Covid 19 infection against a third party entity, the victims’ family must prove that the third party was negligent.

The executor of the estate must retain a Rhode Island wrongful death lawyer.

Reported news stories across the United States:

“A longtime Sonoma County nurse first felt sick in March, starting with a sore throat and stuffy nose, followed by a deep fatigue. Nearly two weeks later, a confirmation: she had contracted COVID-19, the respiratory disease caused by the coronavirus. But where did she get it? At the hospital where she works? Or somewhere else in the community? For her and other health care workers on the front lines, the answers to those questions are critical. They determine whether their treatment is covered by a limited bank of paid sick days and health insurance or by workers’ compensation, an employer-funded system that offers expanded benefits — including lost wages, job protection guarantees and death benefits — to workers who are hurt on the job.” North Bay Business journal https://www.northbaybusinessjournal.com/industrynews/healthcare/10902138-181/sick-nurses-must-prove-coronavirus?ref=mostsection

You need to retain a top Rhode Island workers compensation lawyer to represent you in your workers’ comp claim. In the event of a death arising out of employment, contact a top Rhode Island wrongful death lawyer.

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