A workers’ compensation lawyer in Franklin, Wisconsin at Hickey & Turim, S.C. knows that there are typically two main factors that will determine if you are covered by workers’ compensation. These factors include:
- If you are an employee
- If the injury occurred as a result of your employment
This may seem simple, however, workers’ compensation cases can become complex because these factors do not fully guarantee that you will be covered by workers’ compensation. It is important to speak with a lawyer that you trust about your specific situation so that you can be properly advised on your legal rights. If you have any questions, reach out to our law firm today.
As an employee, it is paramount that you understand what workers’ compensation is and how you can utilize it in the event of an injury or illness sustained due to work. Perhaps you had taken a trip and fall and broke a bone, or you got sick from repeated exposure to workplace chemicals. Those who have questions or are concerned that their employer hasn’t handled their claim properly, can meet with a workers’ compensation lawyer in Franklin, WI from Hickey & Turim, S.C. for more information.
What is workers’ compensation?
Workers’ compensation programs are intended to help alleviate the occurrence of disputes between employer and employee if a workplace accident or illness were to arise. Workers’ compensation may also be referred to as “workmen’s compensation”, “worker’s comp”, or “workman’s comp”. This program protects workers by getting them the medical care they need, while protecting a company from damages that could make a business financially vulnerable.
Does workers’ compensation programs always work as intended?
Unfortunately, while the concept of workers’ compensation programs is great, they aren’t always used with a strong moral compass. For example, some employees may intentionally get hurt at work in order to collect under workers’ compensation benefits, or an employer may wrongfully deny an employee’s claim as a way to save money. When an employer denies a workers’ claim for unfair reasons, that is when it’s time to talk with a Wisconsin workers’ compensation lawyer in Franklin from Hickey & Turim, S.C.
Is there anything not covered under workers’ compensation benefits?
Yes, in some situations an employee may not be covered under a workers’ compensation program. For instance, if the employee had gotten injured because of a fight he or she instigated at work, then the chances of being approved for coverage is slim to none. Additionally, a worker is unlikely to receive benefits if they intentionally injured themselves in an attempt to be fraudulent, was under the influence of drugs or alcohol, or was not hurt within the scope of the job.
What should I do if I am hurt or suspect I have an illness from the job?
If you were injured on the job, then report it to your supervisor on duty immediately. Workers should not hesitate or “wait out” an injury to see if it gets better on its own. As a Franklin workers’ compensation lawyer may tell you, by not reporting it that same day, you could be risking being approved for workers’ compensation benefits. If you start to experience symptoms related to a potential workplace illness, then you should notify your employer as soon as you feel them. Illnesses may take time to develop, so reporting when symptoms began is incredibly important.
Will I continue to receive workers’ comp benefits after returning to work?
This is determined on a case by case basis. In some states, if the employee receiving the benefits returns to work and begins making wages equal to or greater than what they were making before the injury, then the benefits will most likely end. If the employee returns to work and is experiencing wage loss because of the injury, then the employee may still continue to receive a percentage of the workers’ compensation benefits. For many years, we have helped our clients continue to receive the proper coverage.
Because of the “no-fault” system, can I recover workers’ compensation benefits no matter the cause?
Even though there is a “no-fault” system, not everything is covered under workers’ compensation. Generally, if you were under the influence of drugs or alcohol at the time of injury, you will not receive coverage. If you are unclear about whether or not your specific situation will qualify for workers’ compensation, call our law firm to discuss your options.
If I was not physically at the workplace, but my injuries are due to my work, can I recover workers’ compensation benefits?
This can vary from state to state, but overall, if the injury occurs within the scope of employment, it is covered by workers’ compensation. We understand the specific laws and regulations of our state and can provide the proper legal guidance necessary to get the benefits you need. An example of not being at the workplace but still obtaining injuries that are covered, would be running an errand for your employer. If you were out running an errand and sustained an injury, it would most likely be covered. However, if you deviated from the errand for personal reasons your benefits could be denied. Having a lawyer on your side can give you the best chances of getting the coverage you deserve.
Should I sue for my injuries?
Often times, you will not have to file a lawsuit against your employer due to workplace injuries. Workers’ compensation is there to help the employee get back to a healthy state and working once again. In most cases, if you were to file a lawsuit, you would become disqualified from collecting any workers’ compensation benefits.
Speak with Hickey & Turim, S.C. Today!
If you have questions about workers’ compensation benefits, then you can rely on our team to provide an answer quickly. If you are worried your employer mishandled your claim or denied it without a legitimate reason, then we urge you to contact us now. Speaking with a lawyer that understands the laws and has your best interest in mind can never hurt. Contact a workers’ compensation lawyer in Franklin, WI from Hickey & Turim, S.C. to discuss in more detail about your specific case.