Rhode Island Worker's Compensation Benefits
By Aaron Larson
Law Offices of Aaron Larson
July, 2003
Important Notice: The following overview of Rhode Island's worker's compensation (workmans comp) benefits is presented on an as-is basis. This information is believed accurate as of the date of authorship, but is not intended to provide a complete analysis of available benefits and may not reflect subsequent changes in the law. For a full review of Rhode Island's worker's compensation law, or for a determination of how the law applies to a specific worker, please consult a worker's compensation attorney licensed to practice in the state of Rhode Island.
Contents
- Introduction
- Special Employment Situations
- Medical Benefits & Choice of Physician
- Disability Benefits Provided
- Death Benefits Provided
- Limits on Attorney Fees
Introduction
Rhode Island's system of worker's compensation (workman's comp) is compulsory, meaning that employers are required to provide worker's compensation insurance for their employees. Worker's compensation insurance may be provided through a competitive state fund, a private insurance carrier, or employers may self-insure. Employees are permitted to assert their common law rights, and to opt out of the worker's compensation system.
Special Employment Situations
Certain licensed or certified real estate brokers, salespersons, and appraisers may be exempt from the state's worker's compensation act, if their compensation is primarily based upon sales or commissions. Agricultural employers who employ twenty-five or more farm laborers or agricultural workers for more than thirteen consecutive weeks, raising specified crops or livestock, must provide worker's compensation coverage. Agricultural employers may otherwise secure worker's compensation coverage voluntarily, but are not statutorily compelled to do so. Employers may provide voluntary worker's compensation coverage for domestic servants.
Medical Benefits & Choice of Physician
Full medical benefits are provided to employees entitled to worker's compensation benefits, with no time or monetary limits. Initial choice of physician is made by the employee.
Disability Benefits Provided
Payments are made for temporary total disability (TTD) in an amount determined by a percentage of the worker's wage, subject to a weekly maximum payment amount. Payments continue for the duration of the disability.
Payments are made for permanent total disability (PTD) based upon a percentage of the worker's wage, subject to a weekly maximum payment amount. Payments for PTD continue for the duration of the disability.
Payments for permanent partial disability (PPD) are made based upon a percentage of the worker's wage, subject to weekly minimum and maximum payment amounts. Payments for PPD may continue for up to 312 weeks.
Scheduled awards are paid in addition to total temporary disability benefits, concurrently with the TTD benefits. Scheduled awards are not reduced because of receipt of TTD benefits.
Benefits may be available for permanent bodily disfigurement.
Physical and vocational rehabilitation benefits are available.
With certain constraints and filing deadlines, occupational hearing losses may be compensable.
Death Benefits Provided
Death benefits are payable to an employee's surviving spouse, or spouse and children, based upon a percentage of the employee's wages, subject to a cap. A burial allowance is available.
Limits on Attorney Fees
Attorney fees for claimants are approved by the court on a case-by-case basis. In certain cases, the attorney fee may be added to the award.
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