Workers’ Compensation Lawyer Mequon, WI
If your work-related activities have made a pre-existing condition worse, please explore your legal options with an experienced workers’ compensation lawyer Mequon, WI residents trust. While workers cannot be awarded workers’ compensation benefits for pre-existing conditions that have nothing to do with their job duties, they may successfully file workers’ compensation claims in the event that work-related activities significantly worsen a pre-existing condition.
Some workers’ compensation claims are relatively straightforward and can be filed and approved in a timely manner without the assistance of an attorney. For example, if a worker bumps into a machine on a job site and sustains a superficial cut that requires stitches but no additional treatment and does not result in a need for time off work, a workers’ compensation claim related to that injury is going to result in a minor, straightforward payout and the corresponding claim can likely be filed successfully without a lawyer’s help. Any claim involving a pre-existing condition is not going to be so straightforward. Workers’ compensation claims adjusters are often trained to look for any viable excuse to reject or undervalue a claim. Especially if your pre-existing condition did not arise from a work injury or occupational illness, a claims adjuster may be very tempted to blame the aggravation of your condition on non-occupational factors. To better ensure that your claim is approved, fairly valued, and paid out in a reasonable amount of time, please connect with an experienced Mequon, WI workers’ compensation lawyer for assistance today.
Can I File a Workers’ Compensation Claim for a Pre-Existing Condition?
As noted above, the “short answer” to this question is “yes” if your work-related activities aggravated your pre-existing condition and “no” if your pre-existing condition was aggravated by non-occupational influences. In the event that your pre-existing condition was indeed aggravated by duties associated with your job, you should be able to secure a workers’ compensation award, provided that you’re eligible for workers’ compensation benefits. If you’re an independent contractor, you work for a very small company exempt from coverage requirements, or you work in certain specialty industries, the experienced Wisconsin legal team at Hickey & Turim S.C. will need to help you explore alternative paths to secure any compensation you may be entitled to.
Please note that a pre-existing condition may be aggravated by work-related injuries and/or occupational illness. Too often, workers overlook the idea that they might be entitled to benefits if they are made ill by their working conditions. Suffering from an occupational illness is an equally valid reason to request workers’ compensation benefits as a work-related injury is.
Legal Assistance Is Available
If your pre-existing condition has been significantly aggravated as a result of your job and you require additional medical care, time off of work, and/or occupational rehabilitation as a result, connect with our firm today to explore your options. An experienced Mequon, WI workers’ compensation lawyer on our team would be more than happy to answer your questions and advise you of your options during this challenging time.
Workers’ compensation is something that every place of work is required to have. At least, that’s what you’d think, right? Wisconsin has very specific rules in place to determine whether a workplace must have workers’ comp., and because the legal team at Hickey & Turim, SC cares about you, we’re going to walk you through it.
Workers’ comp. is a scary thing, we get it. We strive to make it easier for you to handle any legal matters relating to workers’ compensation.
Wisconsin Workers’ Compensation Rules
Workers’ compensation is an insurance policy that protects employees if they are injured while at work. Employers cannot be sued for damages, medical care or lost wages if their employees are injured while at work because worker’s comp. Ensures the employees receive medical benefits and pay benefits.
However, each state typically has different laws regarding when an employer has to have workers’ compensation available.
In Wisconsin, there are four rules regarding workers’ comp. and when an employer has to provide it.
- You must employee 3+ part-time or full-time employees. Insurance must be provided immediately.
- Employ 1+ part-time or full-time employees that have received $500+ in wages in a calendar quarter. They must provide insurance by the 10th day of the month in the next quarter.
- If you are a farmer and you employed 6+ workers on the same day for 20+ days, you must get insurance after the 10th day (after day 20 of employment).
- Out-of-state employers are required to have worker’s compensation if they have employees working in Wisconsin. This policy has to be with a company that is in Wisconsin or licensed to provide insurance in WI.
More or less, what that means is if you fall into these categories and you are an employer, your business must have workers’ compensation insurance. If you are an employee, and you think your work falls under these categories, feel free to ask your boss if workers’ compensation is available.
But you ask, what happens if your company does not have insurance and you are injured at work? Luckily, that’s something Wisconsin has taken into consideration.
What Is Uninsured Employers Fund
The Uninsured Employers Fund, or UEF, pays out worker’s compensation benefits on worker’s compensation claims where the employees were injured at work but their job is illegally uninsured. When a claim is filed and meets the standards, the UEF pays out benefits in the same manner that the company would if it had insurance.
The UEF is funded from penalties assessed against employers that illegally operate without insurance. These penalties are mandatory and are non-negotiable. If your company does not provide compensation insurance, then they will be fined and that money will go into the fund for other workers that need it. UEF also pursues the uninsured company for benefits that they (the UEF) paid to the employee.
A workers’ compensation lawyer in Mequon, WI can help you decide whether you need to go through the UEF or not. The team at Hickey & Turim, SC wants to see you safe, and ensure you receive the care you need after a workplace injury.
Reach out to the legal team at Hickey & Turim, SC today for all of your workers’ compensation needs.
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