Workers Compensation Lawyer Racine, WI
In the U.S., the system for compensating employees who are injured while working is commonly referred to as workers’ comp. Although most workers in the U.S. are eligible to receive workers’ comp benefits in the event that they are injured on the job, not many people have a significant understanding of how the system works. This is understandable, as only workers who are injured on the job need to navigate the system’s ups and downs. For example, what does it mean for an injury to occur while “on the job”? Are workers eligible for compensation when they are hurt while on a lunch or personal break in the middle for the day? These are important questions, as their answers determine who can receive benefits and who can’t.
If you’ve been injured while at work or while engaged in work-related activity, please don’t make any assumptions about your case, for better or worse. Every case is different and context matters. Speaking with an experienced Racine, Wisconsin workers’ compensation lawyer at Hickey & Turim, SC will allow you to clarify your situation and better understand your options. The sooner you speak with a workers’ compensation lawyer Racine, WI residents trust, the sooner you can collect any compensation you may be entitled to receive at this time.
Qualifying for Workers’ Comp
There are two broad requirements that must be met for an injury to qualify for workers’ comp:
- The worker must be an employee (not an independent contractor, a volunteer, or other exempt position)
- The injury must be work-related
The second requirement helps injured workers to understand whether they will qualify for workers’ comp when an accident happens during “break time.” Typically, any injuries that happen while on your lunch break will not be considered work-related if you are eating lunch off-site, but there are exceptions to this rule. For example, if you’re eating lunch off-site but the lunch is part of a mandatory work meeting, your break time injury would likely qualify for workers’ comp. If your lunch break occurred on-site, you’re more likely to qualify for workers’ comp than you would be if your lunch break occurred off-site. Because context is so important to workers’ comp eligibility, it’s in your best interest to speak with an experienced Racine, WI workers’ compensation lawyer before making any assumptions about whether you qualify for benefits or not. A workers’ compensation lawyer can evaluate your specific situation and give you personalized guidance.
You may have noticed that fault is not mentioned in the workers’ comp requirements at all. An injury qualifies for workers’ comp whether the injured person causes it themselves, or if someone else causes it. Even if an injury results from ignoring safety precautions, a workers’ comp claim is still eligible in most states. The primary exception to this rule is that any injuries that are caused intentionally in order to profit from the workers’ comp claim are not eligible for benefits.
If you have any questions about whether your injury qualifies for workers’ comp, the best thing you can do is speak with an experienced Racine, WI workers’ compensation lawyer about your unique situation so that you can receive guidance that applies to your circumstances. Our firm is ready to help.