A Rhode Island Work Injury Lawyer Explains How First Responders Can Assert Their Rights After a Workplace Accident
First responders know that every day at work could bring a measure of risk few other people would accept. Accidents may not be a regular occurrence, but they can have life-altering consequences, leaving good men and women without the means to support themselves or their families.
You don’t have to let your sacrifice go unpaid. In Rhode Island, police officers, firefighters, and first responders aren’t always eligible for workers’ compensation, but that doesn’t mean they don’t have options. Read more to learn about your rights, or contact Kirshenbaum & Kirshenbaum, Attorneys at Law, to schedule your free initial consultation as soon as possible.
How Workers’ Compensation Works
In Rhode Island, workers’ compensation is a form of no-fault insurance.
Barring several notable exceptions, every business or corporation that hires one or more employees is required to purchase a workers’ compensation policy. If an eligible employee gets hurt on the job, they are typically entitled to compensation for:
- The money they have to spend on medical care
- The income and wages they lose while in recovery
- Temporary disability or permanent disability
Although workers’ compensation is a lifeline for many Rhode Islanders, not everyone falls under its purview. Independent contractors, for instance, are almost always exempt. Similarly, first responders—including police officers and firefighters—can’t always receive the same benefits as other workers.
Workers’ Compensation for First Responders
First responders have inherently dangerous jobs and are, on average, much more likely to be injured at work than people working in most other professions. However, Rhode Island law very specifically exempts many towns, cities, and municipalities from having to purchase workers’ compensation policies.
Some cities, like Providence, have elected to self-insure. Many others haven’t, but that doesn’t mean first responders are without options.
Rhode Island’s Alternative to Workers’ Compensation
Rhode Island law may exempt many first responders from its workers’ compensation system, but other statutes provide similar benefits for public employees injured in the line of duty.
Under RI Gen L § 45-19-1, the following categories of first responders may qualify for accelerated relief, including the full payment of their salaries for the duration of injuries and illnesses sustained in the line of duty:
- Police officers. The statutory definition of “police officer” is any “chief or other member of the police department of any city or town regularly employed at a fixed salary or wage,” along with sheriff’s deputies, airport police officers, and other law enforcement professionals.
- Firefighters. The state’s definition of “firefighter” includes fire chiefs, firefighters, and other rescue personnel employed by most fire departments. This definition could include EMTs, paramedics, and other “rescue personnel.”
- Crash rescue crewpersons. A “crash rescue crewperson” is anyone who works in certain crash-rescue fields, including those employed by the Rhode Island Department of Transportation.
- Fire marshals. Fire marshals include people employed as fire marshals and deputy fire marshals. To qualify for salary repayment, they must typically be employed by the State of Rhode Island.
Rhode Island’s salary repayment law could provide a critical safety net for first responders, but some claims are held to higher standards than others. Police officers and firefighters, for instance, may have to show that they were responding to an emergency to receive full benefits.
Contact a Rhode Island Work Injury Lawyer Today
Rhode Island’s decision to leave many first responders out of its workers’ compensation system may seem like a frustrating oversight, but you could still be entitled to benefits for your sacrifice and your service.
Depending on the circumstances of your accident, you could be eligible for compensation through:
- Rhode Island Workers’ Compensation
- Your town, city, or village’s insurance policy
- Your department’s insurance policy
- State-mandated income repayment for certain first responders
If another person’s negligence caused your accident, you may have the option of filing a personal injury lawsuit. Unlike workers’ compensation claims, personal injury lawsuits allow accident victims to recover substantial damages, including damages for pain and suffering.
Since Rhode Island does not cap damages in personal injury claims, you could obtain as much money as you need to rebuild your life. However, you have to act fast: if you wait too long to contact a Rhode Island personal injury lawyer or Providence workers’ compensation attorney, you could forfeit your right to recovery.