If you’ve been injured on the job and are unsure of your rights, call Hickey & Turim, S.C. to speak with a top workers’ comp lawyer Milwaukee WI offers. Your rights should be protected, but if you don’t know what they are, an experienced lawyer may help you understand them. Our attorneys have helped thousands of injured workers.
A Milwaukee WI workers’ comp lawyer may be aware of your employer’s responsibilities following a workplace accident. Your employer may not be aware of your rights, or they might deny them. Talk to an attorney at Hickey & Turim, S.C. to discover how our legal team might help you during a free case review. In advance of your case review, here is some general information that may be of interest.
Your Employer’s Responsibilities
A workers comp lawyer Milwaukee WI offers may tell you that your employer has responsibilities to its employees before any workplace injury ever occurs. This may sound confusing at first, but in most states, there are minimum duties that an employer must perform.
These duties may include:
- Posting a notice of workers’ compensation laws compliance in an obvious place at work or the job site.
- Providing immediate medical treatment for employees injured on the job and/or allowing injured employees to seek immediate medical treatment.
- Providing additional medical attention if the employee can’t select a doctor or decides not to.
- Completing a report of the injury and mailing to the workers’ compensation board and the employer’s insurance company. Your Milwaukee workers comp lawyer may inform you that any employer who fails to do so may be guilty of a misdemeanor.
- Making a written report of any accident resulting in personal injury that 1) causes a loss of time from normal duties beyond the shift or working day on which the accident occurred; or 2) that requires more than simple first aid treatment.
- Complying with all requests for additional information from the workers’ compensation board or the insurance company.
Additionally, it’s important to know that if you are injured at work, you are protected. Your employer is required by law to not retaliate against any employee who files a workers’ compensation claim.
If you are retaliated or discriminated against, you may want to contact a workers comp lawyer Milwaukee WI employees search for to defend them.
A workers comp lawyer Milwaukee WI supplies may tell you that retaliation isn’t always as obvious as firing or punishing an employee through a pay cut or a demotion. Sometimes it may be as simple as treating you differently or making the working environment unpleasant for you.
Compensation for Damages After a Workplace Injury
Every workplace injury is different, as the circumstances are rarely the same. However, as a worker injured on the job, you are entitled to certain rights. Only a qualified workers’ comp lawyer in Milwaukee WI can provide legal advice, but here are some helpful guidelines.
After sustaining an injury on the job while performing your job duties, you may be eligible for any or all of the following benefits:
- Lost wages. If the injury is such that you cannot perform your job until the injury heals sufficiently, you may be entitled to the money you would have earned, had you not gotten injured.
- Medical care. You may have the right to obtain medical care for your injuries and have that care paid for.
- Long-term or permanent injuries. If your injuries are severe and long-term, you may qualify for additional compensation to help you cope with these injuries.
- Physical therapy. If your injury requires you to undergo physical rehabilitation in order to perform your job, the employer must pay.
If the employer provides you with a replacement job until your injury heals, and that position pays less than what you normally make, the employer may have to pay you the difference. Your workers comp lawyer Milwaukee WI respects may warn you that you have the right to earn the same amount of wages as you did before the injury. This is also true for benefits that you originally earned, such as vacation time, medical insurance, and stock options.
If the injury prevents you from working, and you must work a different job, the employer is responsible for paying for any necessary training.
Make Sure Your Injury is Work-Related
If your injury is not related to your job, your rights might be limited, and you may not be eligible for compensation of any kind. In addition, you might be at risk of losing your job under certain circumstances if you are not able to perform your duties due to no fault of your employer. A workers comp lawyer Milwaukee WI can provide may be able to help you determine what is work-related in cases in which it’s not so clear. Here are some guidelines:
- Did the injury occur while you were performing your job duties? If the answer is yes, you probably qualify for benefits/
- Were you performing a task related to your job, or involved in a work-related activity when the injury happened? If the answer is yes, you probably qualify for benefits. Here are two scenarios:
- You were running an errand for your boss or employer when you were injured.
- You were at a work function, such as a holiday party or a conference, when you sustained the injury. There are exceptions that a workers’ comp lawyer Milwaukee WI injury victims trust may explain during a case review.
- If you were injured while on a break, but you were not involved in a work-related circumstance, and you were not on company property, you may not qualify for workers’ compensation.
- If you were injured in part because you had consumed alcohol or taken prescribed medication, but the injury happened while you were at a work-related event, you may still be eligible for workers’ compensation. If your employer says otherwise, consult with a workers’ comp lawyer Milwaukee WI employees rely on.
- If you have a preexisting condition that is aggravated by work performed while on the job, you may be eligible for workers’ compensation. A workers’ comp lawyer Milwaukee WI residents hire may request more details about your condition before giving you a legal opinion.
Contact a Workers Comp Lawyer in Milwaukee WI Today
Find out if your employer has denied your rights following a workplace injury. Contact us today at Hickey & Turim, S.C., to speak with a workers’ comp lawyer Milwaukee WI is proud to call their own.