Work Injury Frequently Asked Questions
When you’ve been injured at work, you may need a Milwaukee work injury lawyer you can trust fighting for your rights. Hickey & Turim, S.C. has experienced workers comp attorneys waiting to take your call. When you’re ready to speak to a work injury lawyer in Milwaukee, call us at 262-797-6677 for your free consultation.
While you prepare for your free consultation, you may find some of the answers to some of your questions in our frequently asked questions below.
What is workers compensation?
It is a state-regulated program that is intended to provide benefits to workers who are injured on the job. It is a no-fault system, which means that even if the worker was injured due to their own actions (with some exceptions), they will likely be eligible for workers compensation.
How do I know if I qualify for workers compensation?
After suffering an injury at work, you might be wondering if you can be reimbursed for your costs but are afraid to ask your supervisor. It’s not unusual for workers to feel intimidated by management when it comes to workplace injuries. You may even fear retribution or the loss of your job. At Hickey & Turim, S.C., we understand. We offer injured workers a free consultation with a Milwaukee work injury lawyer from our firm to learn more about their rights.
What do you do after you’ve been injured at work?
If you’re injured at work, you should be familiar with your company’s policy on reporting accidents. In most cases, you may need to report the injury to your supervisor and then notify the workers compensation insurance provider.
Once you’ve notified the required parties, you may want to get a free consultation with a Milwaukee work injury lawyer to determine your next steps. A lawyer may also help you deal with your employer and insurance company so you don’t get tricked into saying something they can use against you.
What types of injuries are covered by workers compensation?
If you are in the workplace and sustain a very minor injury such as a papercut, bruised finger, etc., you will probably not qualify for workers compensation. As a general rule, if you do not need to get medical attention for your injury, it’s probably not going to be covered by workers compensation. That said, if you suspect you broke a bone on the job and subsequently go to the doctor for an x-ray and it comes back negative for any type of trauma, and if your supervisor authorized your trip to the doctor, that visit and the x-rays might be covered by workers compensation. If they refuse to cover those costs, contact a Milwaukee work injury lawyer for legal guidance.
What do you do if your employer says they don’t have workers comp insurance?
The majority of employers are required by law to have workers compensation insurance. If your employer says they do not have insurance, you may want to notify your state’s workers compensation board to verify this information. Additionally, you may want to let your Milwaukee work injury lawyer know what you’ve been told by your employer.
Can you be fired for filing a claim?
No, and if you are, it’s against the law. You should notify your state workers compensation board of any threats and actions your employer takes against you. Even threatening you or telling you not to file a claim may be illegal, so be sure to discuss this with your Milwaukee work injury lawyer as well.
What if you live in one state but you’re injured at work in another state?
In most cases, you should file your claim in the state where you were injured or in the state that your employer is based out of. This can get tricky in some cases, so determining just where to file by consulting a lawyer may be helpful. You may want to ask your Milwaukee work injury lawyer about your specific situation.
What types of compensation are you entitled to?
If you’ve been injured at work, you may be entitled to compensation for:
- Lost wages for as long as you are told to stay out of work by the workers’ compensation insurance company or your doctor.
- Permanent partial disability if your disability was caused by your work injury.
- Medical expenses you accrue due to your injuries, including but not limited to out-of-pocket expenses.
Your lawyer may be able to tell you what you can expect in terms of areas of compensation and amounts for your particular case.
What if my workers compensation claim is denied?
It’s possible that if your claim was denied, it happened for a good reason. However, it’s not unusual for claims to be denied even though they are valid claims. If you feel that your claim was unfairly rejected, give our firm a call and request a free consultation with a work injury lawyer in Milwaukee. These are the most common reasons for a claim denial:
- Your injury was not incurred while on the job.
- Your injury is a pre-existing condition.
- You caused the accident that resulted in your injury because you were intoxicated or under the influence of narcotics.
- You were intentionally trying to hurt someone and in the process were injured yourself.
- You incorrectly or incompletely filled out the workers compensation claim
What Is OSHA?
The federal agency most directly tasked with ensuring that American workers remain safe while they are on the job is the Occupational Safety and Health Administration. Established in 1970, this agency is a part of the United States Department of Labor. In addition to helping to promote safe working conditions, this agency both sets and enforces numerous standards related to working conditions and worker safety. It also conducts inspections of workplaces and cites those employers that have failed to comply with federal safety standards. In addition, it also provides education, outreach, training and other related forms of safety-related assistance to employers and workers throughout the U.S.
When workers are injured on the job, they do not generally turn to OSHA for help, as holding individual employers liable for failure to protect the safety of their workers is not the agency’s federally-regulated mission. Instead, injured workers turn to experienced legal professionals like those employed at Hickey & Turim, SC for assistance with obtaining any kind of compensation they may be entitled to as a result of their injuries. However, an experienced Milwaukee work injury lawyer may advise an injured worker to file an anonymous safety complaint with OSHA in order to help keep the victim’s coworkers from suffering in similar ways in the future. An anonymous complaint can help to alert OSHA that a specific workspace could benefit from a federal inspection. When employers are cited for safety violations, they are often inspired to maintain a safer workplace moving forward.
What Does OSHA Cite Workplaces for Most Often?
OSHA cites workplaces for numerous safety-related infractions. Some of the most common infractions include inadequate fall and respiratory health protections, failure to uphold scaffolding safety standards, inadequate control of hazardous energy, inadequate training and inadequate hazard-related communication with workers, unsafe machinery and inadequate fall protection. If you have been injured on the job as a result of any of these safety hazards (or any other safety hazards), please know that you are not alone. Nearly three million Americans suffer non-fatal injuries every year while on the job. Thankfully, speaking with an experienced Milwaukee work injury lawyer may help you to assist in preventing injurious accidents from occurring at your workplace in the future. In addition to helping you obtain necessary compensation, your attorney can help you to protect your coworkers whenever possible.
Can I Report My Employer to OSHA?
If you are concerned about unsafe working conditions and are concerned that if you speak up your employer will retaliate, please consider working with an experienced Milwaukee work injury lawyer in order to file an anonymous complaint and inspection request with OSHA. Once your Milwaukee work injury lawyer understands more about the situation you and your coworkers are facing, you may also be advised of any other relevant legal options currently available to you. The law protects the rights of workers to spend their time in safe working conditions. If your rights are being infringed upon, please do not wait to speak up.
How can a Milwaukee work injury lawyer make a difference?
If your claim was denied for any reason, a work injury lawyer Milwaukee can provide can review your case and determine if your claim is actually valid. At Hickey & Turim, S.C., a Milwaukee work injury lawyer may resubmit your claim with the information and proof required. If your claim is not approved after our efforts, you will not owe us a fee.
If you have questions about filing a workers’ compensation claim or are ready to begin your free consultation, call Hickey & Turim, S.C. at 262-797-6677 to speak with a Milwaukee work injury lawyer today.