Skip to main content

Milwaukee Workers’ Compensation Lawyer

Have a Question? Let Us Fight for You!

Get a Free Consultation

What Is A Workers’ Compensation Lawyer?

 A workers compensation lawyer is a legal professional who helps individuals obtain the benefits they are entitled to after being injured on the job. Workers compensation laws vary from state to state, so it is important to seek advice from an experienced workers compensation lawyer if you have been injured on the job.

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, SC 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 and expertise to get the best outcome for your case. That’s why you should consider hiring Hickey & Turim, SC. 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.

5 Rights the Family and Medical Leave Act Grants You

Milwaukee workers compensation lawyers

If you have been working in the United States for a while, you have likely heard of the Family and Medical Leave Act. Many people know the FMLA is a law that entitles them to certain rights regarding time off and medical care, but there is still a lot of confusion around what exactly it is. Passed in 1993, the law grants you the right to take a medical leave from work in a number of situations where you must care for yourself or a family member. In addition, it requires employers to protect your job and insurance benefits while you are absent. In a nutshell, the law exists to help people balance life’s responsibilities in both their work and personal lives. Discussing with Milwaukee workers compensation lawyers if you feel that your rights have been violated is always smart. Here are five ways it can do that.

What is the family 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.

1.12 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.

2.26 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 Milwaukee workers compensation lawyers, like the ones available at Hickey & Turim.

3.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.

4.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.

5.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.

My Family Medical Leave Was Denied

Unforeseen circumstances frequently occur in our lives. Some of these situations may require an extended leave from work. The Family Medical Leave Act law was passed in 1993 to protect employees needing to take extended or intermittent time off work for themselves or a family member.

Because some employees may abuse the system, employers may be too quick to disapprove FMLA even for those employees who truly need it. If you or a family member have a medical condition and have been denied FMLA by your employer, Milwaukee workers compensation lawyers at Hickey & Turim SC can assist you with obtaining the medical leave you requested.

Many employers are confused with the type of information required on FMLA forms and so are more likely to deny an employee’s request for medical leave. Here are three things that employers should not do when reviewing your request for medical leave.

Demand FMLA Forms Only Be Completed by a Doctor

The FMLA forms are required to be signed by a health care provider. Many employers understand this to mean that a doctor must sign the form, which is not true. FMLA forms can be signed by registered nurse practitioners, physicians’ assistants, clinical psychologists, and Christian Science Practitioners, and in some cases a chiropractor. Milwaukee workers compensation lawyers at Hickey & Turim SC can assist you in such a request if your employer has denied FMLA because a doctor did not complete the forms.

Limit FMLA to On-the-Job Injuries

Any illness considered a serious health condition by a health care provider could qualify for FMLA leave. A serious health condition involves hospitalization or treatment that requires visits to a medical clinic. The place where the illness or injury occurred is irrelevant.

Require a Doctor’s Note for Intermittent FMLA

FMLA, in many cases, is for extended periods of medical leave like maternity or to recover from surgery. There are instances when an employee will need intermittent leave for illnesses requiring outpatient clinic or doctor office visits. Intermittent leave could be once a week or multiple days a week, depending on the situation.

If you have been approved for intermittent FMLA, your employer should not require a doctor’s note each time you return to work after being off for medical leave. If you have been penalized for not providing a doctor’s note or denied a request to return to work, contact the Milwaukee workers compensation lawyers at Hickey & Turim SC for help.

Workers’ Compensation Basics

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 SC 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

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. Milwaukee workers compensation lawyers from Hickey & Turim SC can help you understand the complexities of workers’ compensation and FMLA benefits.

If you are in a situation where you feel that your employer has violated any of your FMLA rights, an experienced workers’ compensation lawyer can help you with your case. Call a legal professional today to get the treatment you deserve!

Workers’ Compensation Infographic

compensation infographic

Questions To Ask a Workers’ Compensation Lawyer

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.

How Can a Workers’ Compensation Lawyer Help Me?

Milwaukee workers compensation lawyers like Hickey & Turim SC can help in a variety of ways. Filling out workers’ compensation forms and providing all the relevant documentation and medical information can be quite overwhelming. An attorney can help to ensure you have all the documentation you need and that you submit it all by the required deadlines. Of course, many workers’ compensation cases are denied at first. For this reason, it’s important to have a licensed attorney on your side to help you fight for the compensation that you deserve.

What Can I Expect if My Claim Is Disputed?

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. 

Why hire Hickey & Turim, SC as your workers compensation lawyer?

Our Milwaukee workers compensation lawyers are compassionate and understanding when it comes to your needs. They will fight hard on your behalf so that you can receive the benefits that you deserve. You won’t find another firm with more dedication or knowledge than ours!

At Hickey & Turim, SC we understand that every case is different and requires a unique set of skills. Our goal is to provide our clients with exceptional service while protecting their interests throughout the entire process. You can rest assured knowing that we will fight hard to get you the compensation you deserve after an injury on the job.

Our Milwaukee workers compensation lawyers have decades of experience in handling all types of cases involving workplace accidents, including carpal tunnel syndrome, back injuries from lifting heavy objects, slips and falls in parking lots or grocery stores, construction site accidents caused by dangerous equipment or unsafe conditions and many more situations where a worker was hurt because someone else was negligent. When we take on your case we will handle everything so you don’t have to worry about all the legal hurdles, bureaucratic red tape and complicated personal injury litigation.

If you’ve been injured at work, it’s important to seek legal counsel as soon as possible. Workers compensation cases can be complex, and without an experienced lawyer on your side, you may not receive the benefits you deserve. Hickey & Turim, SC has years of experience representing workers compensation cases in Wisconsin. We know the ins and outs of the system, and we’re prepared to fight for your rights. Contact us today for a free consultation!

What You Need to Know About Workers Compensation in Milwaukee Lawyers

Workers compensation laws are designed to provide benefits to employees who suffer job-related injuries and illnesses. These laws require employers to pay for these injuries, even if they were not the employer’s fault. Benefits typically include medical treatment, some degree of disability payments, and vocational rehabilitation. This is why  Milwaukee workers compensation lawyers are so important when you need compensation for work-related injuries. 

Not all employers are subject to workers compensation laws. Generally, these laws apply only to employers with a certain number of employees, while a few states require virtually all employers to carry workers compensation coverage.

In addition, not all workers are covered by workers compensation. Independent contractors and unpaid volunteers are not employees under workers compensation law and therefore, generally cannot collect benefits through the system. In addition, state laws may exclude certain types of employment from coverage.

Workers compensation does not cover work-related injuries that are intentionally caused by an employer or that occur because an employee is drunk or high on drugs at work. Workers compensation also does not cover injuries that result from an employee’s intentional self-injury or horseplay on the job or that occur because an employee violates workplace safety rules on purpose or engages in serious misconduct at work.

Milwaukee Workers’ Compensation Law 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.

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.

Workers Compensation Infographic

How Do I Get Compensation For My Injuries Infographic

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

Dedicated To Getting You Results

Contact Us For A Free Consultation