Workers’ Compensation Lawyer Milwaukee, WI

Your Dedicated Workers’ Compensation Attorney

Our Milwaukee, WI workers’ compensation lawyer helps people obtain the benefits they are entitled to after getting injured on the job. Workers’ comp laws vary from state to state, so it is important to seek advice from an experienced attorney in your area if you have been injured on the job.

With over 70 years of combined legal experience, we offer attentive service and operate on a contingency fee basis. So, if we don’t win your case, you don’t owe us anything in legal fees. Contact our team at Hickey & Turim, S.C. today to set up a free case consultation.

The Family and Medical Leave Act

The family medical leave act otherwise known as the FMLA entitles eligible employees of covered employers to take unpaid, job protected leave. This unprotected leave allows the employee to take off time for specified family and medical reasons with the continuation of group health insurance coverage. There are some terms and conditions of this leave, and it is important to know them. Typically under this leave the same terms and conditions of the employer’s insurance apply as if the employee has not taken leave.

The FMLA is intended to provide families with the time and resources to deal with family emergencies, also guiding their employers and what to do with the employees workspace while they are on this unpaid break. The United States Department of Labor’s wage and hour divisions otherwise known as the DOL-WHD is in charge of the FMLA program.

The family medical leave act is a 1993 labor law that proposes to protect the jobs of employees who need to take a leave of absence for personal or family reasons. The law guarantees a qualified employee may take up to 12 weeks for reasons such as childbirth, adoption and personal or family illness. The family medical leave act allows you to take these days as you need them, you do not have to take them all at once. To qualify for FMLA an employee must work for a firm that employs 50 people within a 75 radius of the worksite and there must’ve been employed for at least 1250 hours within the last 12 month period.

This law was a huge change to the United States families, the workplace and the labor force. In 1993 when Bill Clinton signed it into law, the workplace was already changing. Single parent households or households in which both parents work were becoming more and more common, which meant that the employer’s and other employees had to change how they expected their workers to behave. Family had to come first in some of these cases.

The types of qualified medical and family situations also include foster care military leave, so if an eligible employee is a service member, spouse, son, daughter, parent or next of kin they are entitled to 26 weeks of leave. The employee takes unpaid leave from the workplace under the FMLA’s job protection which means that the employee can return to the same position that was held before the leave again and if this position is unavailable the employer has to provide a position that the sub eventually equal in pay, benefits and responsibility.

12 Workweeks Of Unpaid Leave During One-Year Period To Care for Self or Family Member

Under the FMLA, an individual has the right to take up to 12 workweeks of unpaid time off during any 12-month period for the following reasons:

• Birth of a child
• Adoption or foster care placement
• Caring for an immediate family member
• Recovering from serious illness or injury
• Any qualifying exigency due to someone in the immediate family responding to military active duty

When possible, employees should notify employers within a reasonable amount of time of needing to take leave, but sometimes doing so is unrealistic.

26 Workweeks Of Unpaid Leave During One-Year Period To Care for Servicemember,

Additionally, if you need to take time off to care for a servicemember in your immediate family who is seriously ill or injured, the FMLA grants you the right to take up 26 workweeks of unpaid time off during any 12-month period. Should your employer refuse to allow this care under the FMLA, reach out to our Milwaukee workers comp lawyers.

Continuation Of Employer-Sponsored Health Benefits

Another major aspect of the law is that it requires employers to continue any health insurance benefits you had before your need for leave occurred.

Flexibility To Take Leave Intermittently Or On A Reduced Schedule

Realistically speaking, it may not be possible for you to take all of your leave at the same time. For this reason, the law allows people to take time off intermittently or by reducing their schedules.

Job Security

After you are able to return to work, the FMLA requires your employer to provide you with your previous job or one that is equivalent.

What To Know About Workers’ Compensation Claims

Workers’ compensation insurance, also known as workers’ comp, is insurance required by state law for employees who are injured or taken ill in the course of doing their job. Workers’ compensation is always paid for by the employer. Here are the basics of workers’ compensation.

• Workers’ Compensation Is A No Fault System

Www doesn’t look at who’s at fault for the accident that injured the employee. It only looks at the question of if the employee was injured in the course of doing her job. That doesn’t mean she has to be doing her work when she’s injured. If she’s on her way to the bathroom and slips and falls, she’s eligible to file for workers’ compensation. One notable exception: if she was under the influence of drugs or alcohol, she may be denied workers’ compensation coverage. Milwaukee workers compensation lawyers from Hickey & Turim, S.C. can help you determine if your injury occurred in the course of doing your job.

• Workers’ Compensation Coverage

Www covers a variety of financial claims, including medical treatment for the injured employee, occupational hazards such as exposure to harsh chemicals, temporary disability, total disability, permanent impairment such as losing a finger, death benefits paid to surviving dependents, and more.

• Workers’ Compensation Versus a Lawsuit

When you’re on workers’ compensation, you are not permitted to file a lawsuit against your employer. If you believe your employer was responsible for your accident, you may choose to file a lawsuit instead of filing for workers’ compensation. You have the potential for a larger payout from a lawsuit. On the other hand, you have a guaranteed income from workers’ compensation. Milwaukee workers compensation lawyers can help you decide what’s the best course of action for you.

• Employers’ Responsibilities

Generally speaking, most employers are required to offer workers’ compensation to their employees. Large companies with sufficient assets are permitted to self-insure, while very small companies with only a few employees may be exempt. Whenever a worker is injured, the employer submits the claim to her insurance company, which will pay medical and disability benefits according to a formula set forth by the state. Milwaukee workers compensation lawyers can help you figure out that formula for your case.

• Workers’ Compensation and the FMLA

If your workplace injury turns into a serious health condition, FMLA benefits may kick in. If that occurs, your workers’ compensation benefits and FMLA may run concurrently. Your employer will have to inform you if they’re placing you on FMLA while you’re out on workers’ compensation. You must be notified in writing if that’s the case. 

How We Can Help You

Milwaukee workers compensation lawyers help employees who have been injured or become ill as a result of their job. If you have been injured on the job, it is important to speak with a workers compensation lawyer to understand your rights and options. A workers compensation lawyer can help you file a claim and may be able to get you the benefits you need while you are recovering.

If you’ve been injured at work, you need to seek legal assistance as soon as possible. It can be difficult to navigate the workers compensation system on your own, and Hickey & Turim, S.C. can help. We have years of experience helping people file claims and get the benefits they deserve.

When you’re looking for a quality workers compensation lawyer in Milwaukee, it’s important to find one with the experience to get the best outcome for your case. That’s why you should consider hiring our attorneys. With decades of experience helping injured workers get the benefits they deserve, we know how to get the job done right. So don’t hesitate to contact us today. We’ll be happy to discuss your case with you and answer any questions you may have.

Milwaukee Workers’ Compensation Infographic

Workers’ Compen Statistics

According to the Bureau of Labor Statistics, there are an estimated 3.8 million workers’ compensation claims filed each year in the U.S.

• • The average workers’ compensation claim costs $30,000.
  • The most common types of workers’ compensation claims are injuries to the back, neck, and head.
  • Workers’ compensation benefits can include medical care, lost wages, and vocational rehabilitation.

FAQs

Can I Start A New Job While On Workers’ Compensation?

When you talk to Milwaukee workers compensation lawyers Hickey & Turin SC, you’ll learn that it is possible to start a new job even if you are receiving workers’ compensation benefits. Wisconsin’s laws were designed to allow you to keep working as you can while still providing you with the compensation you deserve for lost wages or due to expensive medical bills.

There are some stipulations, though. To keep receiving benefits, your new job must pay you less than what you were earning at the one that is now paying you benefits. You can also return to your previous employer but must be earning less than they used to pay you. 

How Are Workers’ Compensation Benefits Calculated?

The way workers’ compensation benefits are calculated in Wisconsin varies slightly depending on the type of disability you’re receiving. Most commonly, people receive temporary total disability in the amount of two-thirds of their average weekly wage. As of 2020, the maximum someone could receive was $1,051 per week. People usually receive TTD benefits until they can return to work or until their doctors say they have reached maximum medical improvement.

According to many Milwaukee workers compensation lawyers, some people receive temporary partial disability. This means they can return to work but can’t earn as much as they were before. These benefits pay two-thirds of the difference. For example, if someone is making $300 less per week than they used to, TPD will pay $200. As with TTD benefits, the maximum is $1,051 as of 2020.

What If My Claim Gets Denied?

If the employer or its insurance company denies your claim, you will need to apply for a hearing. From there, expect a pre-hearing conference that allows for an informal discussion of the claim. If no agreements can be reached, a hearing will be scheduled. The hearing may require consulting with staff members, talking to the opposite team’s legal representation, undergoing physical examinations, and treating doctors as expert witnesses. 

How Do I Get Compensation For My Injuries?

Injuries in the workplace can happen at any time and for a variety of reasons. Workers’ compensation is designed to ensure that workers who are injured on the job receive medical benefits and income replacement benefits while they are unable to work. In other cases, injured workers may receive compensation for permanent injuries or death.

• • • Contact your employer right away. If you’re injured on the job, you should tell your employer as soon as possible so they can file a claim with their insurance company. This can help you get the financial and medical help you need sooner rather than later.
    • Seek medical attention immediately. If you have an injury, it’s important to get medical attention immediately after the incident. Your doctor can assess your injuries and let you know what kind of treatment is necessary for recovery.
    • Keep all paperwork related to your injury and treatment in one place. If you’re seeing multiple doctors for various injuries, keep all of their paperwork in one place so it’s accessible when you need it later on.
    • Take note of how much time off work you’ve taken for each injury or illness. Keep a log of how much time off work each medical issue has cost you so that if your case goes to court, there won’t be any questions about the amount of time lost at work due to the injury or illness caused by your job duties.

Even if your injuries are minor, you still have the right to file a claim for workers’ compensation benefits. Failing to report an injury can result in you being denied benefits later on if you decide to file a claim.

Hickey & Turim, S.C., Milwaukee Workers’ Compensation Lawyer

735 N Water St, Milwaukee, WI 53202

Contact Our Team Today

If you have been injured at work, it is critical that you immediately contact Milwaukee workers compensation lawyers. At Hickey & Turim, S.C., we will work closely with you to ensure your rights are protected during this vulnerable time. Contact our Milwaukee workers compensation lawyer today!