Workers’ Compensation Lawyer Milwaukee, WI
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Your Dedicated Workers’ Compensation Attorneys
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 Most Common Job Injuries
When a worker suffers a work-related injury or illness, they are entitled to receive workers’ compensation benefits which will cover any medical expenses for treating their condition. If they are unable to work, the benefits will also cover a percentage of their wages until they have recovered and are able to return to their job.
There are a variety of injuries that an employee can suffer, however, some injuries occur more often than others. Each Milwaukee, WI worker’s compensation lawyer from our firm has extensive experience working with clients who have suffered all kinds of work injuries, including the following:
- Slip, trips, and falls: Slip, trips, and falls often occur on wet floors, loose carpeted areas, or icy walkways, however, they can occur on many types of surfaces. There are also items such as wires, loose handrails, or objects on the floor that can cause an employee to suffer one of these accidents. Victims can sustain injuries such as sprains, fractured bones, and concussions.
- Car accidents: There are many occupations that require employees to operate vehicles, including truck drivers, emergency responders, delivery drivers, and salespeople. Workers who are injured in these types of accidents are entitled to workers’ compensation benefits.
- Repetitive movement injuries: Many jobs require a worker to perform the same motion over and over again and this repetitiveness can cause the worker to suffer a strain or sprain to the parts of the body that makes these movements. Construction workers, cashiers, and workers who use computers are all at risk of developing this type of injury.
- Contact with equipment or objects: There are many workplace accidents that occur because an employee was struck by some kind of object or a piece of equipment. For example, a piece of lumber may fall on a construction worker or products fall off a shelf on a grocery store clerk. How serious these accidents depend on what type of object the employee is struck with and where the injury lands. For example, if an employee is hit in the head with a heavy object, they could sustain a serious traumatic brain injury.
- Lacerations: Deep cuts often occur from failure to wear the correct safety gear or rushing to complete a project. No matter why a laceration or deep cut occurs, the worker is entitled to receive workers’ compensation benefits for any medical bills or loss of work time they have.
If you have suffered a work-related injury, do not let our employer jerk you around when it comes to collecting the benefits you deserve. Call Hickey & Turim SC. to speak with a Milwaukee, WI worker’s compensation lawyer today.
Common Reasons Why Worker’s Compensation Benefits Are Denied
As an experienced Milwaukee worker’s compensation lawyer can explain, even if you have a valid claim, it may be denied. The repercussions of not receiving benefits can be financially catastrophic. It can also mean the difference between getting or not getting proper medical treatment. Here are some of the most common reasons why workers’ compensation claims are often denied:
- Your employer or their workers’ comp insurance company claims your injury is a pre-existing condition and that it did not occur at work. A workers comp lawyer can enlist the help of a medical doctor who can determine if your injury is only a pre-existing condition, if it’s a pre-existing condition that has been worsened while working your current job, or if it is a new injury.
- Your employer or their workers’ comp insurance company claims your injury did not occur at work. When a worker’s compensation lawyer in Milwaukee, WI resident recommended by our firm takes your case, our legal team can determine the events of your accident. Information that we turn up, including witness statements, can then be included in your claim.
- Your employer or their workers’ comp insurance company claims you are not injured, or are not injured seriously and therefore do not need medical care or other benefits. A worker’s compensation lawyer Milwaukee, WI locals rely on for help can refer you to a medical doctor who can provide documentation about your injury after performing an exam.
- Your employer or their workers’ comp insurance company requires more documentation and proof that your injury is serious and that it occurred while you were on the job. A worker’s compensation lawyer in Milwaukee, WI injured workers hire from Hickey & Turim, S.C. can investigate your accident and supply the necessary proof for your claim.
- If your injury was caused by a third party, or a third party contributed in part to your injury, your employer’s workers’ compensation insurer may hold back some or all benefits. Your workers’ comp lawyer can undergo a settlement negotiation with the third party or file a lawsuit against them if necessary.
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.
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.
Do Many Worker’s Compensation Claims Get Rejected?
The worker’s compensation system is a valuable resource for workers who have suffered a workplace injury, resulting in financial difficulties as well as a difficult physical recovery, as a worker’s compensation lawyer in Milwaukee, WI knows. A workers’ compensation lawyer in Milwaukee, WI, like one from Hickey & Turim, SC, can provide assistance if you need help during this challenging period. Many people who file for worker’s compensation find that it is often not an easy process, especially when some employers do not make the application process straightforward.
When do I need to submit a claim?
The time limits for filing a worker’s compensation claim vary. From the date of your injury, you must notify your employer within 30 days of sustaining your injury. In Wisconsin, the statute of limitation for worker’s compensation claims is 12 years, which is quite long. In the state of Wisconsin, insurance companies must decide whether to approve or deny a claim within 14 days.
How many claims are denied?
Most worker’s compensation claims do get approved, however, in recent years the percentage of denied claims has increased. Roughly 7% of claims get rejected for a variety of reasons. This is why it’s important to have a worker’s compensation lawyer to support you during this process. If you are going through any issues filing what you believe to be a valid worker’s compensation claim, reaching out to a qualified lawyer can help improve your chances of having your claim approved.
What are common errors in worker’s compensation claims?
Some of the most common mistakes that people make when they file a claim is not notifying their employer of the injury on time, providing inaccurate or sufficient information about their injury, spelling, and grammatical errors, and not complying with doctor’s orders regarding their treatment and recovery. All of these errors can result in your claim getting thrown out. Reviewing the steps you need to take and going over information in your claim multiple times can keep you from submitting one that contains errors.
Can I appeal a rejected claim?
If your claim gets rejected the first time, it is possible to appeal the decision. You can request a hearing with the Wisconsin circuit court if you do not believe that your claim should have been denied. However, in Wisconsin be aware that both the victim and the employer can dispute benefits that have been denied or approved as well.
How can I increase my chances of having my claim approved?
Keeping a written record of your injury can help you increase the chances of your claim getting approved. Gather all of your doctor’s reports and bills so that you can provide them as evidence. The more detailed information you can provide, the more likely that the claim will get approved.
Handling a worker’s compensation claim can be stressful and often frustrating. You do not need to do it alone, however. Contact a reliable and qualified lawyer so you can go through the process with less hurdles and have the legal support you need.
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
Request a Free Consultation with One of Our Milwaukee Worker’s Compensation Lawyers
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.
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!
In my opinion, 5 stars isn’t enough for this firm!!
I was very apprehensive about contacting a lawyer for my workmen’s comp. claim. I’ve never had any good experience in the lawyer department. But thanks to Joshua Turim, I have new found gratitude! To say he went above and beyond for me is an understatement. Anytime I contacted him, he answered me lightning fast. Even though my claim wasn’t a huge amount, he still went out of his way to get me what I deserved. If anyone you know needs a great lawyer, Josh and his firm is the place to call!!
Tracy D.
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Josh made my workers' compensation claim move along with apparent ease and kept the atmosphere casual, yet composed.
He settled my case after many months of preparation and ultimate negotiation, keeping me informed along the way. He knew what I expected for an outcome, and explained every detail in laymen’s terms. Josh took all the time necessary to explain the process. I never felt like I didn’t understand. I recommend Josh to anyone looking to resolve a workers’ compensation claim without additional strain.
Denice L.
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I can’t speak highly enough for the work Joshua Turim and his Law firm did for me.
I found him from the Yellow Pages and after consulting with several other of his peers I hired Josh. The fit was right. He’s been my counsel for nearly 5 years now. My case was not an easy one. Workers’ Comp moves slow and methodical. Believe me, I’m thankful I had a professional who is very experienced and knowledgeable about the system on my side. We’ve reached a very good settlement and I know I can continue to count on Joshua Turim should any need arise.
Thanks Josh.
Terry B.
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