Workers Compensation Lawyer Milwaukee, WI
No worker is fully protected from being a victim of a workplace accident, no matter what industry they are employed in. According to statistics from the federal government, there are almost three million workplace accidents and illnesses reported each year. If you have been injured on the job or in any other work-related accident, a workers compensation lawyer in Milwaukee, WI can help you get the benefits you are entitled to under Wisconsin’s workers’ compensation laws.
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 injures occur more often than others. Each Milwaukee, WI workers 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 workers compensation lawyer today.
Work-Related Car Accidents
Generally, workers’ compensation will not cover any injuries from an employee who got into a car accident, even if he or she was on the way to work or leaving work. However, if an employee is driving as part of their job, then workers’ compensation insurance will normally cover medical expenses for injuries sustained from the car accident.
Injuries Received At Work
The laws regarding workers’ compensation vary from state to state. Most employers are required by law to purchase workers’ compensation insurance, which will generally cover any medical expenses the employee receives as a result of the work-related injury, and also recover any lost wages from the employee being out of work.
To receive workers’ compensation benefits, an employee must be injured in a work-related incident. This means that transportation between your house and job is not included in the realm of workers’ compensation coverage. Workers’ comp that will cover car accidents is normally covered by workers’ comp insurance for truck drivers, taxi drivers, etc. Also, if the employer demanded that an employee run an errand while on company hours, then workers’ comp will typically cover the injuries if the employee got into a car accident. Workers’ compensation will also normally cover these expenses even if the accident was the fault of the employee.
Acting Within The Scope Of Employment and Employer Liability
As long as an employee was proven to be “acting within the scope of employment,” then they will not be held liable for the car accident. This means that the liability will fall onto the employer as long as the employee was proven to be driving during working hours and without breaking any laws. If the employee was under the influence of drugs or alcohol during the time of the accident, then the employer will not be held liable since the employee was not acting within the scope of employment. In this case, the employee will ultimately be held responsible for the car accident.
Does the parking lot at work count as a workplace in a workers comp injury claim?
Company parking lots are part of the employer’s premises and therefore part of the establishment. This means that these areas are under the control of the employer, just like the buildings the employer owns.
So say that an employee finishes a scheduled workday at 5 PM, they clock out, and they leave the building. They are walking on the publicly owned sidewalk towards their car, the cars parked in a church parking lot where the church has agreed to allow the employees of this business to park. So while approaching his car the employee trips and fractures his ankle which requires medical treatment beyond first aid. According to OSHA, would this be a work-related injury?
The answer is no. This injury is not work-related, because not only was the employee clock out for the day, but the parking lot in which they were parked in and injured in was not under their employer’s jurisdiction. Therefore it would not be considered part of the employer’s establishment or the work environment.
Let’s take a look at another scenario, where employee A is driving to work, she parks her car in the company parking lot and is walking across the lot when she is struck by a car driven by employee B, who is commuting to work. Both employees are seriously injured in the accident, but under OSHA ruling, does this count as a work-related incident?
Neither employee’s injuries are recordable, while the employee parking lot as part of the work environment under section 1904.5, injuries that occur there are not work-related if they meet the exception in section 1904.5(B)(2)(vii) which accepts injuries caused by motor vehicle accidents occurring on the company parking lot while the employee is commuting to and from work. In the above scenario, both employees’ injuries resulted from a motor vehicle accident in the company parking lot while the employees were commuting and therefore the exception applies.
But what about if your job is to clean the parking lot or an access road and you are injured while doing that? Then this case would be work-related because the employee is injured as a result of conducting company business in the work environment, specific to their job. If the injury meets the general recording criteria of section 1904.7, which is death, days away from work, or more than it applies.
Every case is different, and therefore every case has to be looked back and study to ensure that all of the potential angles for a workers compensation claim have been considered.
Employee Negligence Resulting In The Car Accident
If it is found that the negligence of the employee was the cause of the car accident, then he or she was not acting within the scope of employment and may be held liable in a civil lawsuit (if the car accident resulted in a third party injury). The employer still may be found liable, as well, and may still have to pay for any injuries or property damage, despite the fact that the employee was at fault. The employee is normally protected by the employer’s liability insurance, so he or she will not have to pay for any injuries or damages if a lawsuit is filed.
In the case of a lawsuit against a negligent employee that caused a car accident, the employer will normally have to pay for the legal fees of the employee. Also, since workers’ compensation is considered a no-fault system, the negligent employee may still be awarded workers’ compensation benefits for his or her injuries.
Common Reasons Why Workers Compensation Benefits Are Denied
As an experienced Milwaukee workers 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, or 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 workers compensation lawyer in Milwaukee, WI residents 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 workers 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 workers compensation lawyer 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.
Questions You Should Ask Your Workers Compensation Attorney
What if I Am Partially at Fault?
Workers compensation claims don’t typically focus on fault. If you are injured at work, you should be entitled to some form of compensation, even if it is just paying your medical bills. However, if you start a fight or behave in a way that puts you and other employees in immediate danger, you may be facing a more difficult case.
This does not apply to general negligence. For example, if you are joking around and doing something dangerous, such as jumping from platform to platform and hurting yourself, you may be deemed at fault and your actions may be considered in your settlement. However, if you misstep, someone else causes a fight or you drop something on yourself, your actions may be considered negligence, which shouldn’t affect your settlement.
A workers compensation lawyer in Milwaukee, WI, such as Hickey & Turim SC, will help you determine whether your accident is eligible for compensation based on the cause of your accident. Be sure to give your attorneys all the details of the accident so they aren’t surprised later.
Do I Have To Return To Work?
If your injury is not severe and your physician allows you to return back to work, you do need to return to work. Your employer should be able to accommodate you, even if you are given restrictions. However, if accommodations cannot be made for your restrictions, you may not have to return. In these cases, you may be eligible for temporary disability payments. However, your workers compensation lawyer in Milwaukee, WI may tell you that it is better to try to work with your employer.
What Do I Tell the Claims Administrator and My Doctor?
The claims administrator is a representative of the insurance company. These individuals look for any way to deny your claim. Therefore, although you should share details about the injury and how it occurred, your workers compensation lawyer in Milwaukee, WI should guide you in how much detail to give and how to structure your answers so the claims administrator has no reason to deny your claim.
Your doctor, however, needs all the details, from how you were injured to the effect your injury is having on your life. You need to share any pain, movement challenges or other difficulties with this professional. Your doctor will probably request a follow-up appointment, so speak with a reputable law firm, such as Hickey & Turim SC, before this follow-up so you know what information to share with your physician.
Request a Free Consultation with One of Our Milwaukee Workers Compensation Lawyers
A serious injury can result in huge medical bills and the inability to return to work. With no income, proper medical treatment may be difficult or even impossible. This is what can happen if you are denied workerS’ compensation benefits. If you’ve been seriously injured while on the job, contact a workers compensation lawyer Milwaukee, WI turns to from Hickey & Turim, S.C.
If you are not receiving benefits, you may find an advantage in talking to a workers compensation lawyer Milwaukee, WI turns to from Hickey & Turim, S.C. We have helped thousands of injured workers get the compensation and medical care they deserve. Call us today to request a consultation with one of the workers’ compensation lawyers from our firm. There will be no charge for this confidential case review, and we encourage you to take advantage of this no-obligation opportunity.
4 Reasons Your Workers’ Compensation Claim Could Be Denied
Most businesses are required to carry workers’ compensation insurance so that any employee who is injured on the job can have assistance with medical expenses or lost wages. Unfortunately, even if you have a valid claim, it could be denied for a variety of reasons. Depending on the reason, you may want to hire a workers’ compensation lawyer in Milwaukee, WI to help you get the compensation you deserve. Here are 4 of the most common reasons workers get their claims denied.
Your Employer Claims Your Injury Did Not Occur at Work
It’s important to not give your employer or your employer’s insurance company any reason to believe that this injury could have happened outside of work. Without the proper proof, your claim could easily be denied. You can start generating evidence as soon as the injury happened by reporting the injury to your supervisor, no matter how minor. Sometimes, workers don’t report injuries that seem minor at first, but if they get worse over time, you’ll want to have documentation that it was a work-related injury. Whenever possible, gather witnesses to help corroborate your claim.
Your Injury Was Not Considered Serious Enough
Here, it’s essential that you receive medical treatment for any work-related injury so that you’re generating a medical file. Through a doctor, you’ll have proof of diagnosis and treatment that you can present as part of your claim. If you didn’t get immediate medical treatment, a workers’ compensation lawyer can assist you with getting evaluated.
The Injury Was Due to Employee Negligence
If it is determined that your injury was a result of your negligence, your claim could be denied. This includes being under the influence while on the job, which would make you automatically liable for your own injuries. Workers’ compensation is typically awarded regardless of fault, but you may receive far less than you normally would. Hire a workers’ compensation lawyer in Milwaukee, WI to help get the maximum payout.
You Missed Your Deadlines
In order to qualify for workers’ compensation insurance, you must file a claim within the statute of limitations. In many states, your employer will file a claim on your behalf after you report the injury. Otherwise, you may have to file with the state on your own. A workers’ compensation lawyer in Milwaukee, WI will know all the state regulations you’d need to follow, including the timeline and the level of paperwork.
When Truck Drivers Get Injured
According to the U.S. Bureau of Labor Statistics Census of Fatal Occupational Injuries and Survey of Occupational Injuries and Illnesses, more than 750 American truck drivers lost their lives on the job and more than 65,000 private sector truckers suffered non-fatal work-related injuries and illnesses during 2012 alone. As these kinds of fatality and injury/illness statistics do not tend to vary much from year to year, the trucking industry generally braces itself for these numbers to repeat over and over again. However, being involved in accidents should never be treated lightly. Nor should the risk of accidents ever be treated as “just part of the job.” It is important for injured truckers to speak with a Milwaukee, WI workers’ compensation lawyer about their rights – because trucker safety rights absolutely do exist.
The rates of injury, illness, and death among American trucking professionals are simply unacceptable. Federal regulators, trucking companies, and other interested parties need to work much more diligently to ensure the safety of the nation’s truckers. Thankfully, the law recognizes that truckers should be protected from unreasonable safety hazards at work. As a result, those truckers who do get injured may be able to work with an experienced Milwaukee, WI workers’ compensation lawyer in order to obtain access to financial compensation associated with their work-related injuries. Even those truckers not covered by workers’ compensation coverage may obtain financial restitution using alternative legal options, depending on the nature of their situation.
Trucking Accidents Within the Scope of Work Duties
In general, injuries must be sustained while an individual is “on the clock” in order for workers’ compensation benefits eligibility requirements to be fulfilled. However, there are some exceptions to this rule. Truckers may travel in their rigs while “off the clock” because they have no other access to transportation while seeking rest for the night, etc. If a trucker is injured in such a capacity, he or she may still be eligible for workers’ compensation benefits under limited circumstances. An experienced Milwaukee, WI workers’ compensation lawyer will be able to advise truckers affected by such situations of what their legal options may be.
Legal Guidance Is Available
If you are a truck driver and have been injured while on the job, please do not hesitate to contact a Milwaukee, Wisconsin workers’ compensation lawyer in order to explore your legal options. You work in an inherently dangerous industry. But that doesn’t mean that you should have to assume an unreasonable amount of safety-related risk when you get behind the wheel. If you have been injured, you are almost certainly entitled to workers’ compensation benefits associated with the harm you have suffered. And if for some reason you are not eligible for these benefits, you may be able to work with the legal team at Hickey & Turim, SC in order to explore alternative routes to receiving the compensation you deserve. Speaking with an attorney does not commit you to filing a claim, but doing so will (at minimum) help you to make informed decisions about your situation. We look forward to speaking with you.