Glendale Workers’ Compensation Lawyers

If you’ve been injured at work, you may want to hire Glendale workers’ compensation lawyers to help you with your case. Once you’ve filed a claim, you may be asked to have an independent medical examination to review your condition. If you’re asked to attend an examination, don’t panic — inform your workers’ compensation lawyers who may be able to tell you what to expect. For help, reach out to Hickey & Turim SC for a free consultation.

Independent Medical Examinations (IMEs)

We will inform you that an IME may be requested if there is any question about your condition or the level of compensation you deserve. A doctor usually performs the exam that your employer or their insurance company hired. In some cases, your state’s workers’ compensation agency may request the IME.

Once the exam is complete, the doctor may issue a report that includes answers to one or more of the following questions:

• Were you accurately diagnosed, and does that diagnosis match your claim?
• Is it possible that your accident was caused outside of work?
• What is the impairment rating of your condition?
• Will additional treatment or testing help? If so, what do you need?
• Have you reached the maximum medical improvement and aren’t expected to improve no matter what treatments are done?
• What work restrictions should you have?
• Are you able to return to work? If so, when?

Your workers’ compensation lawyers may be able to use the answers to the exam in your favor or may need to be prepared to counter them.

Preparing for the Exam

Before the exam, you may want to meet with your lawyers to go over what you can expect in the exam. Your lawyer may be able to tell you how these appointments usually go and help you be more relaxed in advance of the exam.

It would help if you were truthful about your medical history, including any injuries that may have happened in the past. You want to outline reasons why this injury caused at work is different from other injuries in the past.

The doctor may ask you how the accident happened and gather more information from you regarding your diagnosis and treatments so far. You’ll likely discuss your current symptoms and condition, and then the doctor will examine you.

Types of Workers’ Comp Benefits

If you are unable to work because you were injured while on the job, is there a way to get paid while you are recovering? Take a walk to your human resources office and report your injury as soon as possible after the event occurs; then call one of the best workers’ compensation lawyers in Glendale. Of course, seek immediate medical attention if the injury calls for it. Document everything — details of the actual accident, time of day, conditions of the area where the accident occurred, and note any witnesses present. Take lots of pictures, both of the area where the accident occurred and of any injuries you sustained as a result of the accident.

If the accident was work-related, you have witnesses, and you can provide pictures and medical evidence, you probably do not need the assistance of an attorney. As long as the benefit settlement reimburses you for medical expenses and lost wages and you are satisfied with the resolution, there is no need to pursue further action.

However, if you do not feel the compensation is fair or fails to cover the costs you incurred as a result of the accident, contact your lawyers.

There are four types of benefits you can receive through a workers’ comp claim. These include:

• Weekly wage compensation
• Reimbursement of medical expenses
• Benefits should you be permanently impaired as a result of the accident
• Cost for vocational rehabilitation

An experienced workers’ compensation lawyer will be able to look over each of these and determine how much each could be worth. It is crucial to have a lawyer on your side, especially for the more confusing numbers like how much future compensation you will need for medical expenses and how long you may need weekly wage compensation. It is easy to see the receipts from what you have already spent or lost out on, but calculating the damages for the future is more difficult. This is why you need an experienced workers’ compensation lawyer on your side. 

What you cannot collect as part of a workers’ comp settlement

The workers’ comp laws only provide for the items listed above. They do not provide compensation for any pain and suffering that may occur due to the accident. The benefits are there to cover wages when you are not able to work. If the injury is so bad that you cannot return to your job, you will continue to receive your weekly wages.

Workers’ Compensation Coverage

While most American workers are covered by workers’ compensation programs, a smaller percentage of workers might not be covered. Many states have laws mandating that companies operating in the state must have a workers’ compensation policy with a valid insurer. However, certain employers might not be required to have a policy. Before hiring a team of workers’ compensation lawyers, it’s a good idea to check if your employer has a workers’ compensation policy. Learn more about What types of benefits does workers’ compensation provide?

Injuries and Illnesses Covered by Workers’ Comp

Furthermore, some injuries might not be covered in a workers’ comp claim. The primary defining characteristic of a valid workers’ compensation claim is that the victim sustained the injury in a work-related task (or the illness developed due to a work-related task). Injuries sustained in certain situations may be exempt from a compensation claim. States typically set restrictions on what constitutes a “work-related activity,” and you can check with any of your local lawyers if you have questions about your injury.

Having documentation from a doctor and an independent medical exam is one way to bolster your chances of successfully arguing your case. In the event of a repetitive motion injury or a stress-related injury, it’s wise to have as much documentation as possible regarding your injury. This is because you may have to prove that a work-related task was the primary cause of your injury.

Suppose you have recently been diagnosed with an occupational injury, such as mesothelioma (from asbestos exposure) or black lung disease (from exposure to coal mine dust). In that case, it’s essential to stay mindful that your workers’ compensation claim may look a little different from the average claim. For these illnesses, the statute of limitations would apply from the date that you were diagnosed — not the date at which you were first exposed to the harmful substance.

Denied Workers’ Compensation Claims

A large percentage of workers’ comp claims are denied each year. It’s not uncommon for some insurers to look for any possible reason to deny a claim; after all, insurance companies are businesses looking to turn a profit. The more money they pay out in claims, the less money they retain as a profit. If you’ve already filed a claim and have been denied, this may be an excellent time to speak with some of the top workers’ compensation lawyers in Glendale, WI. Some claims are denied due to lack of evidence, while others are denied due to minor clerical errors. It may be possible to appeal your claim and successfully negotiate for a fair settlement. Deadlines in the appeals process are often very short, so it’s wise to turn to our workers’ compensation lawyers for legal counsel as soon as you are able. This will ensure that you can have a fair chance at getting compensation and are not just shot down without a chance to appeal.

Tips for Managing a Denial of Workers’ Compensation Benefits

Our workers’ compensation lawyers have represented clients struggling to retain the benefits they are entitled to following a work-related incident. It comes as no surprise that a claim denial can be both frustrating and worrisome. Knowing the best way to move forward can leave many injured workers scratching their heads, unsure of what to do next. 

• Understand Why Your Claim Was Denied

It can be incredibly stressful for someone injured and reliant on workers’ compensation benefits to receive a denial letter. One of your first questions will be, “Why?” Sometimes, making sense of the denial letter is confusing; however, understanding the reason behind your claim is critical to sorting out how best to rectify the situation. Common reasons employees may receive a denial letter include:

• You failed to seek medical treatment
• You are unable to tie your injuries to the accident that happened at work
• You did not notify your employer after the accident, leaving them to question the validity of your claim
• You did not follow recommendations for medical treatment
• Your employer is disputing the claim
• You have a pre-existing condition

Should you receive a denial after attempting to obtain workers’ compensation benefits, it’s critical to reach out to our workers’ compensation lawyers in Glendale, Wisconsin. We can assist in correcting the situation and providing the best opportunity to receive the benefits you need. 

If you are currently managing a denial of your workers’ comp benefits, consider keeping the following tips in mind:   

• Contact a Lawyer with Experience

Should you receive a denial letter, take immediate action before it’s too late. By contacting our firm, we will be able to review the situation, determine what happened, and sort out the proper next steps to take. Often, having a legal professional on your side can offer much peace of mind. With our assistance, you provide yourself with the best opportunity for a favorable outcome. We have handled so many cases like yours in the past that we have the necessary experience to assist you in getting compensation for your accident. We know how to calculate what your case is worth, what arguments to use to have the best chance at a claim, and how to argue for you in court. We can file all of the necessary paperwork and talk to the other parties on your behalf while you focus on healing from your accident. 

• Gain an Understanding of Why Your Claim Was Denied

If you have received a denial letter for your claim, it’s crucial that you not give up or delay moving forward with the next steps. Know that it could be possible to rectify the situation. The first step to this will be gaining a better understanding of why your benefits were denied. In some situations, you may be able to correct the issues rather quickly. Having your lawyer review the denial letter is recommended as they will be able to sort out how to proceed. It is not uncommon for a workers’ compensation to be denied, only to be overturned at a later date. It is important to not give up if you think that you deserve to get compensation for your accident. A lawyer can find loopholes in a denial of a claim and determine what the next steps you need to take will be. This takes all of the guesswork out of your claim and enables you to utilize an expert’s skills for your claim. 

• Consider Whether it’s Necessary to File an Appeal

Your denial letter should include a timeframe to respond. In some situations, it may be in your best interest to file an appeal. Because the process can be complicated and vary from state to state, pursuing guidance from a workers’ comp lawyer will be in your best interest. 

Are you dealing with complications following your work-related accident? Was your claim recently denied, and you are struggling to obtain the assistance you are so desperately in need of? Don’t hesitate a moment longer—our team from Hickey & Turim, S.C. is prepared to help you. No matter the reason for the denial, we can help understand what happened and strategize the best way to move forward. To learn more, contact our Glendale workers’ compensation lawyers to get started.

Glendale Workers’ Compensation Infographic

Glendale Workers’ Compensation Statistics

According to the National Safety Council (NSC), the number of preventable work deaths increased 5% in 2022, totaling 4,695. In addition to preventable fatal work injuries, 791 homicides and suicides occurred in the workplace in 2022. These intentional injuries are not included in the preventable-injury estimates. The NSC also reports that 159,379 workers suffered injuries that year. If you have been injured at work, call our law firm to ensure you receive the benefits you are entitled to.

Glendale Workers’ Compensation FAQs

There is no question too great or small about your workers’ compensation claim. Feel free to reach out to our team to set up a consultation and speak about your case. We can answer your questions, take a look at what happened to see if you have a good shot at winning your case, and will give you the best advice we can on how to proceed. The ultimate decisions you make will be up to you, but we can help explain legally what you may be entitled to and what the best decisions to get compensation could be.

What is workers’ compensation?

Workers’ compensation is a federal program that dispenses monetary benefits to eligible employees if they have suffered a workplace-related injury. It is designed to protect both employees and businesses so that they don’t suffer losses as a result of a worker’s injury. Employees and businesses won’t have to deal with the related expenses. Eligible companies that are legally obligated to provide workers’ compensation benefits must allow workers to apply. The amount of benefits awarded depends on the type of injury, the severity of the injury, and other factors.

Do I need to hire a workers’ compensation lawyer?

You do not need to hire a workers’ compensation lawyer if you have suffered an injury at work, but if you feel like you are not sure how to file a claim it can be helpful. A workers’ compensation lawyer can guide you through the process and advise you so that you don’t make mistakes. They can help you maximize your benefit amount. If your employer is making the application process difficult, a lawyer can help you so that you can receive the benefits that you are entitled to. 

Are there injuries that don’t qualify for workers’ compensation?

It is important to note that not every injury qualifies for workers’ compensation. Just because you suffered a work injury, does not mean that you automatically qualify. Injuries that do not qualify for workers’ compensation include injuries that occurred as a result of horseplay, criminal acts, or other behavior that violates company policy. If your injury occurred during your commute, it also does not qualify for workers’ compensation. To find out if your specific injury is eligible, meet with a workers’ compensation lawyer so that they can assess your case. 

Can I recover compensation if I don’t seek medical attention?

If you decide not to seek medical attention right after suffering a workplace injury, it can complicate your case. This is a critical mistake that many injured workers make. Your claim will likely be denied if you didn’t see a doctor right away. The insurance company might not believe your claim because you did not seek medical attention. While you can recover compensation, be aware that your chances are much lower. 

What damages can I recover?

You can recover several types of damages for workers’ compensation, such as medical expenses, lost wages, loss of life enjoyment, reduced earning capacity, and more. Hiring a lawyer ensures that your list of damages is accurate. To learn more about filing a claim properly, see an experienced Glendale workers’ compensation lawyer right away to get started. 

How long do workers’ comp benefits last?

The length of time you can collect workers’ comp benefits varies from state to state. There is no limit on how long you can receive permanent disability benefits; however, some states will stop the benefits once a person reaches the age of 65. It is best to speak with a lawyer to determine how long you may be able to collect benefits and how much to expect after your settlement. 

How much will I get in a week?

Total disability is about two-thirds of your average weekly wage, which may include overtime. There is a cap in most states at about $1000 per week. Partial disability is figured out a bit differently. If you can work part of the time, your average weekly wage is deducted by the percentage of time you are capable of working.

Workers’ compensation lawyers in Glendale can help if you are not getting satisfactory assistance from your HR representative or your claim has been denied.

Hickey & Turim, S.C., Glendale Workers’ Compensation Lawyers

735 N Water St #1222, Milwaukee, WI 53202

Contact Us Today

At our firm, we want you to be as prepared as possible for your entire injury claim. We offer free case evaluations for new clients who would like more information about the workers’ compensation claims process. We have over 70 years of combined experience. For more information, call the Glendale workers’ compensation lawyers at Hickey & Turim, S.C. today.