Personal Injury

401-274-3331

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986 Hartford Avenue
Johnston, RI 02919

accident-06-30-10-5

RHODE ISLAND PERSONAL INJURY LAWYER – BENJAMIN A. MESITI, ESQ.

WHAT IS PERSONAL INJURY?

Personal Injury is defined as “the legal term for an injury to the body, mind, or emotions of an individual person”. If you are injured in an auto accident, motorcycle accident, or other vehicle; injured by a dog bite or at work; slip and fall on someone’s property or are harmed by a prescription drug or defective product, we can help you get compensated for the pain, suffering and medical bills associated with that personal injury.

 

WHAT SHOULD I DO IF I AM INJURED IN AN ACCIDENT?

First and foremost, call the police or 911. Your health is worth more than any amount of money, and you should seek immediate medical attention. If you are injured, don’t try to be a hero; get prompt medical treatment.

Second, make sure that you have properly filed a police report. Most states require that an accident be reported within a certain period of time. This report will be necessary to file a personal injury claim. The best time to make this report is at the scene of the accident. Some states, including Rhode Island, require reporting before you leave the scene. Failure to do so could result in a criminal charge or heavy civil fines. If the damage caused is less than $1000.00 and there are no injuries, reporting is not necessary, but most insurance companies will need a police report regardless of the amount of the damage, so it’s a good idea to report the accident as soon as possible.

WHAT SHOULD I DO IF I AM INJURED AT WORK?

Your work is likely to have a protocol for reporting accidents. Be sure to tell your supervisor or any injuries that you sustain as well as getting immediate medical attention. Your company may have reporting forms to fill out. Get copies of these forms and keep them for your records. It may also be necessary to contact the police to make a report outside of your company.

Many workers are covered by Worker’s Compensation. This covers all types of on-the-job injuries. In many cases you are entitled to weekly payments, medical bill payments and money for scarring, disfigurement and loss of limbs/use of limbs.

In all Rhode Island personal injury cases, THE SOONER YOU ACT, the better your chances for recovery!

At Mesiti Law we have successfully represented countless Personal Injury cases. When you’ve been injured, call us for your free consultation.

IF YOU HAVE BEEN INJURED IN RHODE ISLAND, CALL MESITI LAW AT (401) 274-3331 TO SPEAK TO A LAWYER IMMEDIATELY. WE ARE AVAILABLE 24 HOURS A DAY!

The State of Rhode Island Workers' Compensation Rules
Coordination of Benefits

RULES AND REGULATIONS FOR COORDINATION OF BENEFITS

Pursuant to RIGL §28-33-45

1. The employer, upon notice of retirement by an employee being compensated under the Workers’ Compensation Act for an injury, shall notify their workers’ compensation claim administrator of employee’s intent to retire.

2. Upon receipt of notice from the employer, the claim administrator shall complete the appropriate information in Sections 1 through 6 on the RI Department of Labor and Training form DWC-36 entitled, Coordination of Retirement Benefits. The claim administrator shall send the form, with the appropriate Sections completed, to the employer within ten (10) days of the notice of retirement.

3. The employer, with the assistance of the employee if necessary, completes Section 7, relating to retirement information.

4. Upon completion of Section 7, the form shall be signed by the employer (or his or her designee) and by the employee attesting that the information requested has been supplied and is correct to the best of their knowledge.

5. The employer or employee shall send the original completed form (DWC-36) back to the claim administrator within twenty-one (21) calendar days from the date of original receipt.

6. If the employee is not eligible for continued benefits, the claim administrator shall check the appropriate box in Section 8, print their name and date on the bottom of the form and send a copy of the form to the RI Department of Labor and Training, Division of Workers’ Compensation, the employer, and the employee and his or her attorney.

7. In the event that a dispute exists regarding benefits, either party may file a petition at the Workers’ Compensation Court pursuant to Rhode Island General Law §28-35-11.

8. If the employee may be eligible for continued benefits, the claim administrator shall complete the appropriate Section(s) 9 and/or 10. In determining the offset, the following must be considered.

A. If the employee did contribute to their retirement benefits, Section 9 must be completed. The total amount of employee’s exclusive contribution is divided by the weekly retirement benefit amount. The resulting figure will be the number of weeks where there is no offset of workers’ compensation benefits. If necessary, Section 10 would be completed to determine the amount of offset that will occur after the completion of the non-offset weeks.

B. If the employee did not contribute to their retirement benefits, Section 10 shall be completed to determine the amount of offset to the employee’s workers’ compensation benefits. As noted above, Section 10 will also be completed to determine the amount of offset that will occur after the completion of the nonoffset weeks as calculated in Section 9.

9. Upon receipt of the Coordination of Retirement Benefits form from the employee or employer, the claim administrator shall complete the form and forward a copy thereof to the RI Department of Labor and Training, Division of Workers’ Compensation, the employer, and the employee and his or her attorney within ten (10) days of receipt of the form.

10. In the event that a dispute exists regarding offsets, either party may file a petition at the Workers’ Compensation Court pursuant to Rhode Island General Law §28-35-11.

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  Our Address:
986 Hartford Ave.
Johnston, RI USA 02919
  Hours of Operation:
Mon. to Fri. 9am to 7pm
Weekends / After Hours by Appointment Only

At Mesiti Law, we represent clients throughout all of Rhode Island and Southeastern Massachusetts, including the Rhode Island cities and towns of Providence, Central Falls, Coventry, Cranston, East Providence, Johnston, North Providence, Pawtucket, Warwick, W. Warwick, Foster, Scituate, Cumberland, Bristol, Barrington, Smithfield, Lincoln and Woonsocket; and Massachusetts cities and towns of Attleboro, N. Attleboro, Fall River, Seekonk, Milford, Wrentham, Swansea, New Bedford and Taunton, as well as all of Providence County, Bristol County, Kent County and Washington County in RI and Bristol County in MA. Free Initial Consultation.

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