Good Milwaukee workers compensation lawyers know that when dealing with workers compensation cases, it may seem like the issues should be black and white. Any work-related injury is eligible for workers compensation. But does that apply only when you are on work property? What if you are outside of the office? Does workers compensation still apply? In this post, we’ll explain what type of injuries that are outside of the office are covered to receive workers compensation and why workers compensation lawyers for Milwaukee can be a big help during this process.
What is work-related?
Generally speaking, “work-related” is anything that you are doing on behalf of your employer. It is something that you are being paid to do and that you wouldn’t do normally if it wasn’t for your job. This includes going into the office, going on business trips, or meeting with clients.
Let’s walk through a few scenarios covered by workers compensation:
- You are traveling out of town for business and are staying in a hotel. If you get injured while staying at the hotel, this would be covered by workers compensation.
- If you are out to dinner with a client and slip and fall in the restaurant resulting in an injury, this would be covered by workers compensation.
- You are running an errand on behalf of your company. While running that errand you experience an injury. This would be covered by workers compensation.
- You attend the company holiday party. You eat the food from the caterer and that evening develop a severe case of food poisoning. Because this was food provided to you at a work event, it would qualify to receive workers compensation.
All of the scenarios mentioned above are work-sanction trips or events. If you and your coworkers went out for drinks after work and you were injured, you would not receive workers compensation since that was not a work sponsored event. Or, if you were running work errands, but then decided to throw in an errand of your own and were injured while running that specific errand, workers compensation lawyers serving Milwaukee may tell you that you would not qualify for workers compensation.
What if I work from home?
It’s very common nowadays for many employees to work from home. It is still possible for you to be injured at your home while performing a work task, however, it does make it more difficult to file a workers compensation claim. The law varies from state to state, which workers compensation lawyers in Milwaukee will know, but one thing is clear: when reporting your workers’ compensation claim from working from home, you need to be very specific about what happened. Because your employer can’t supervise your conditions when you are working at home, it’s important that you have a designated work area in your home – a home office. Work from home workers compensation cases can be tricky. It’s best to reach out to Milwaukee workers compensation lawyers to help you navigate your claim.
The bottom line when it comes to workers compensation is that, if you can prove your injury was caused during a work-sponsored or work-related event, you have the right to receive workers compensation. It does not matter if you are physically on your employees’ property, in the office, on a business trip, or even working from home. Any work-related injury has the basis for a workers compensation case. If you have any further questions, please contact the Milwaukee workers compensation lawyers at Hickey & Turim today to discuss your case!
Filing a Worker’s Comp Claim: When and Where
Accidents occur, and they sometimes happen at inopportune times. When you are looking at a hospital bill from a work incident, filing an insurance claim may be the last thing on your mind, but it is still an important part of the process.
If you are unsure of where to start when you file, then first look at where you stand. If you are injured, seek medical attention immediately. Afterward, explore your options with coverage, then file your claim. Remember to gather information secondly, and consider these questions:
- Have you reported your injury yet?
- Have you confirmed your eligibility?
- Do you have the specifics of your case written down? (I.e. location, contact information)
- Do you have your wage information available?
With both hospitals and insurance companies, the more information you have, the more likely you are to receive proper care. The companies will probably expand upon the former questions. Once ready, you can look at both when and where to file your claim.
When to File?
This first step is important because if you are hurt, your health should be a top priority. You may have trouble making sound decisions if you are in pain or stressed over your recovery. One note should be taking your time with this process. You have some time before filing a claim, but giving notice is equally significant. In most cases, you will have a maximum of 90 days to give notice but be aware that 10 is a good rule to follow. It should give you enough time to recover while keeping your employer in the conversation.
The maximum deadline for claim filing is between one and three years, but it can be extended depending on time and injury severity. For example, if you sustained heavy debilitating damage, your claim may be extended simply since your recovery is an ongoing process. Some states will allow for a longer filing time as well.
One final note is about unfinished claims. If you have a worker’s compensation claim still open due to sustained injury, you have on average four years to seek to reopen the claim.
Where to File?
Worker’s compensation claims should be filed either through your employer or directly to your state’s specific agency. You should have either available by the time you are ready to file. At this point, either party may contact you to proceed with the process. If you have your information with you, it should go smoothly.
However, some may be perturbed by the efforts of filing. If you feel overwhelmed, consider contacting a Worker’s Compensation attorney. They should be able to assist, making your recovery easier.