Workers’ Compensation Lawyer Waukesha, WIIf you have been injured while on the job, you may be wondering whether it’s in your best interest to contact our workers’ compensation lawyer Waukesha, WI victims rely on. Injuries can not only bring on significant pain but also result in damages and financial loss, especially if you are unable to work as a result. Accepting workers’ compensation may be an option; however, it will be essential to have a workers’ compensation lawyer to advocate for your needs in the wake of an accident. Spending the time to research a Waukesha, Wisconsin workers’ compensation lawyer, you can trust can ensure that you can take advantage of the many benefits that Hickey & Turim, SC can provide. Seeking professional help can not only give you peace of mind but assist you in putting your best foot forward during this stressful time. Accepting Workers’ Compensation Workers’ compensation is a benefit available to those who are injured while at work. This form of insurance gives employees access to medical care and lost wages if they are injured on the job. Our Waukesha, WI workers’ compensation lawyer shares that this type of support assists both employees and employers. Employees can access benefits; once they accept workers’ compensation, they waive their right to sue or take legal action against the employer. This can protect employers from financial ruin. While this may seem like a reasonably straightforward process, working with a lawyer can be especially supportive to ensure that the employees’ rights are protected. Additionally, our workers’ compensation lawyer serving Waukesha, WI lawyer, can help by reviewing your case, protecting your rights, and determining whether any third parties can be held accountable for their negligence. Finding a Waukesha, WI Workers’ Compensation Lawyer You Trust The professionals at Hickey & Turim, SC, will tell you that finding a lawyer with experience in representing workers’ compensation cases can make all the difference. However, know that you will not just want any workers’ compensation lawyer to help you with your case in Waukesha, WI. This is a primary reason to carefully search for a lawyer who can support you in your case. Here are some tips we recommend when searching for a workers’ compensation lawyer:
- Get recommendations from people that you know
- Make sure that you choose a lawyer with experience with cases like yours
- Take the time to conduct a proper Internet search
- Schedule a consultation so that you can meet prospective attorneys and ask questions
- Choose a lawyer who feels like a fit for you
What Injuries Qualify For Workers’ Compensation?Getting injured on the job is a terrible experience, and it can leave you with more problems on top of your actual injury, as a worker’s compensation lawyer in Waukesha, WI can tell you. Because they are unable to work, workers are suddenly left with medical bills to pay, which is highly stressful. Worker’s compensation benefits can help to mitigate the extent of your financial struggles. However, as a worker’s compensation lawyer in Waukesha, WI can explain, such as one from Hickey & Turim, SC, not every type of injury is eligible to be awarded benefits. Find out if your injury, disease or condition will be covered by worker’s compensation.
What are common on-the-job injuries?Falls, slips, fractures, broken bones, and injuries sustained from repetitive motion are common among workers in all industries. Workers also commonly receive injuries from getting struck in the head by an object or using defective equipment. If you are a worker in a more dangerous occupation, such as construction work, the risk of sustaining a severe injury is even higher.
When should I report my injury?If you suffer an injury at work, you should report your injury as soon as possible. In Wisconsin, you have 30 days to report your injury to your employer. If you do not act in time, your claim may not get approved. If you are worried about whether your claim will be denied, submit a report anyway so that it’s on record that you notified your employer. Waiting too long or even until the last minute can result in complications with your claim.
What counts as an employment-related injury or illness?An employment-related injury is an injury or illness that arises while you are engaging in work tasks. This includes tasks completed outside of work but are done on company hours. If you are driving to and from your job, or the injury occurred in the company parking lot it will not count as a work-related injury. There are unique scenarios where it can be hard to tell if your injury counts, so it’s helpful to receive legal assistance. If you are unsure what exactly counts as an employment-related injury or illness, discuss your case with a lawyer and they will be able to tell you if your condition qualifies or not.
What injuries are not included under worker’s compensation?Worker’s compensation laws are strict concerning the injuries that are eligible. If your injury occurred because of your own negligence, while you were violating company policies, or while you were committing a crime, the injury will not be covered by worker’s compensation benefits.
How do I keep an accurate record of the injury or illness?A good practice to ensure that you have evidence to back up your worker’s compensation claim is to maintain a written record of your injury. This includes documents like medical bills, doctor reports, as well as photos of your injury and its progression over time. Describe your injury and the pain and symptoms you experienced as a result of it. Receive legal help for a worker’s compensation claim by reaching out to a reputable worker’s compensation lawyer in Waukesha, WI now. If you sustained an injury in a work accident, you may want to talk to a workers compensation lawyer in Waukesha, WI from Hickey & Turim. You may be entitled to receive compensation for your medical bills and lost wages. Here are some frequently asked questions and answers about workers compensation.
How Does Workers Compensation Work?Employers are legally required to purchase workers compensation insurance to protect their workers when they get injured. Employees who get hurt on the job are eligible to receive compensation for their medical expenses and lost wages. Workers compensation also protects companies from injured workers who may file a lawsuit seeking more than just compensation for their medical bills and lost wages.
If My Workers Compensation Claim Is Denied, Is That It?No. In fact, many initial workers compensation claims get denied for one reason or another. For example, if your employer does not believe that your injury occurred at work, he or she could decide to reject your claim. You can still file an appeal. An experienced workers compensation lawyer can help you with that.
What Is a Third-Party Workplace Injury Lawsuit?If there is a third-party responsible for your work injury, you have the option to file a separate personal injury lawsuit. For instance, if you have to drive a vehicle for your job and get into an accident caused by another driver, you may be able to pursue a lawsuit against that driver.
Is It Necessary to Hire a Lawyer?If your injury is minor and your employer agrees your injury occurred at work, you might not need a workers compensation lawyer in Waukesha, WI. On the other hand, if your employer denies your claim, your injury is very severe or your employer has retaliated against you for filing a claim, it may be in your best interest to hire a lawyer.
What If the Accident Was My Fault?If you’re to blame for your work accident, you’re still eligible to receive workers compensation benefits. This is because fault isn’t a factor in these cases. If you got hurt because you were not paying attention, you can still file a claim. However, if drugs or alcohol were involved, you won’t be eligible for benefits. If you were injured at work, schedule a consultation with a workers compensation lawyer in Waukesha, WI today. Getting injured in an accident at work in Wisconsin can become a burden both financially and medically because medical bills compile up while you are not receiving a paycheck since you cannot work. This causes unpaid bills to pile up. This can be stressful and confusing. It is critical that you minimize the disruption in your life by getting the assistance you need. Worker’s compensation laws are designed to protect workers when they are injured in an accident on the job or during job-related activities, and you can receive the necessary medical treatment in which benefits you will be receiving while you are out of work.
Can I cash the check from the insurance company or am I signing off on my claim?But you may be wondering how you get money from the insurance company, and that depends. If you receive payment of benefits on their workers’ compensation insurance carrier or insured and you may cash the check without fear of losing any legal rights for additional benefits for your claim. A settlement that may affect your rights to make additional claims for workers’ compensation benefits may be made only by a compromise agreement, which is a formal document that must be signed by all parties involved approved by the Department of workforce development. The worker does not compromise his claim by accepting benefits voluntarily paid by the insurer, so don’t worry about that.
Do I have to sign a full release for full disclosure of my medical records?You may be wondering if you have to sign a full release for full disclosure of your medical records. After you have acquired an attorney all correspondence between you and the insurer is going to be conducted to your lawyer, it is not uncommon for knowledgeable insurance adjusters to obtain information that seems unimportant to you at first but could be potentially damaging in the future. Let your lawyers specifically indicate a situation when your lawyer or when you should correspond directly with Workers Compensation insurers and keep in mind that by law the insurance company does have the right to review your medical records as part of their defense to your claim.
What is an IME?The insurer is entitled by law to conduct a medical examination by a doctor of its choice to render an opinion on your condition. This person is going to be called an independent medical examiner, and the procedure is going to be called an independent medical examination. Really this procedure is going to be called an insurer’s medical examination, as the insured is permitted by the law to send you to an IME at reasonable intervals and it generally has to be the same doctor every time. You are not forming a doctor-patient relationship by attending this examination so the doctor does not have the right to actually treat you. And if the insurance is undoing that they must pay you for the examination and the mileage to get you to the examination. If a person gets injured on the job, not only do they suffer from the effects of the injury itself but there can also be potential financial burdens, such as medical expenses for treatment and not being able to work and earn wages while they recover from their injuries. That is why when a worker gets injured while performing job-related duties, Wisconsin law says that the worker is entitled to workers’ compensation benefits. Although the law is very clear on who should qualify for benefits, many employers and/or insurance companies still try to deny an injured worker’s claim. This is why many injured workers turn to a workers compensation lawyer in Waukesha, WI for legal help. In some cases, there may be a legitimate reason why a workers’ compensation benefit may be denied. Some of the more common reasons for a denied claim include the following:
The injured worker waited too long to report their injury and file their claimUnder Wisconsin’s workers’ comp rules, an injured worker should notify their employer of their injury within 30 days of discovering the injury and its connection to the worker’s job. There are some exceptions to the 30 rule. A worker can give an employer notice any time within two years from the date of injury, the onset of the medical condition, or the date the worker first realized that the injury or condition was caused by their job. However, keep in mind, the two-year limit is not applicable for injuries and conditions the worker did know about. The state also has a 12-year rule for prior workers’ compensation claims. A Waukesha, WI workers compensation lawyer can evaluate your case to see if this rule applies in your situation.
The injured worker had a pre-existing conditionIn some cases, a worker’s claim may be denied if they had a pre-existing condition. Even if that is the situation, this does not mean your employer does not have a responsibility for your current state of health. If the pre-existing condition was aggravated by a job injury, a person may still qualify for benefits.
The injured worker’s actions or behavior contributed to their injuryWorkers’ compensation does not cover injured workers if the injury was a result of intention or misconduct of the worker. For example, if a worker was under the influence of alcohol or drugs when the accident occurred, the employer is allowed to deny the claim. You need to hire a lawyer if you are considering filing a workers’ compensation claim. Here are some of the things a lawyer will help you with:
A workers’ compensation lawyer will take care of the paperworkThe experienced workers’ compensation lawyers from Hickey & Turim, S.C. know how to file the paperwork for workers’ compensation claims and when the deadlines will be. Your lawyer will ensure you file everything in a timely fashion and do not miss any of the important details for your case.
A lawyer will speak to others on your behalfA workers’ compensation lawyer can speak to your employer and other parties on your behalf so that you can focus on healing from your injuries. This is also incredibly helpful because you do not have to worry about saying the wrong thing that could potentially jeopardize your case. The lawyers at Hickey & Turim, S.C. are very experienced in the workers’ compensation field and know what a judge will and will not like hearing. We will proceed with caution and do our research before moving forward with your case. We also have been through this so much that we do know what may be seen as a favorable argument for getting workers’ comp, so will utilize our experience throughout the entire case.
A workers’ comp lawyer will calculate potential compensationOne of the most difficult things in a workers’ compensation case can be determining how much to seek in damages. There are many factors you need to keep in mind for your case. First, how much medical costs have already been, but also how much you may spend in the future on treatments and things to make your life more normal. Second, you need to look at lost wages due to missed work. You should be compensated for all of the work you have already missed. You should also get compensation for future missed work. If your injuries are temporary and expected to heal, you should get compensation for all the work you will likely miss. Sometimes, though, injuries are severe and lifelong. If this is the case, you and your family should not have to suffer. You should be compensated for the work and career you were planning to do before you were injured. We can seek damages for this as well as past damages. These can be more difficult to calculate, but the lawyers at Hickey & Turim, S.C. know how to do this in a way a judge will find appealing.
How Can I Avoid a Workers’ Compensation Claim Denial?Workers’ compensation benefits come from private insurance your employer buys. It is not a state program, but the state does set requirements, guidelines, and other policies for how the system works. Getting benefits under the system is usually not too difficult, but you have to take all the correct steps. A workers compensation lawyer in Waukesha, WI, can help you to understand the system and navigate it properly to avoid common mistakes.
Make Sure You QualifyThe main thing to do when it comes to workers’ compensation claims is to make sure you qualify to make one. In Wisconsin, all employers that have three or more employees must carry workers’ compensation insurance. This covers most employers. However, you may also have an employer that has coverage under another type of system. If you work for the federal government or on the railroad, you may have federal benefits instead, so you cannot make a claim under workers’ compensation. There are also some exceptions, such as domestic workers, farm employees, religious workers, and volunteers. Qualification also means that your injury occurred at work while you were on the job. You will need to show you were doing assigned work duties when the incident occurred and you suffered the injury. Your injury also needs to be from something out of your control. For example, if you were doing something you were not supposed to do, you might not get approval for your claim.
File At the Right TimeYou must also file your claim at the right time. This is where a workers’ compensation lawyer in Waukesha, WI, can be helpful. He or she can ensure you get your claim in on time. The law says you must file your claim within two years of the incident or upon finding out about your medical condition. You also must provide your employer with a notice of your injury within 30 days of it happening or you discover it. Finding the right workers compensation lawyer Waukesha, WI residents rely on knows how to help residents with their claim is essential if you want to obtain the best possible case results. When an accident happens at work, you should do the steps necessary to see if you are eligible for a claim. Don’t miss out on your chance to recover compensation which can go towards your losses. Contact an experienced and reliable worker’s compensation lawyer like one from Hickey & Turim, SC if you need assistance with a claim.
Workers Compensation Lawyer in Waukesha, WIAs a workers’ compensation lawyer in Waukesha, Wisconsin can explain, employers do not always make the application process simple, which makes it hard for employees to actually receive their benefits. Having a lawyer guide you through every stage of the claims process can simplify the steps you need to take, grant you peace of mind, and give you a higher chance at being awarded a higher benefit amount. The experienced team at Hickey & Turim, SC know what is necessary to provide clients the outcome they deserve. To receive legal assistance with a workers’ compensation claim, contact our office so that you can set up an appointment.
Common Injuries That Workers’ Compensation Lawyers SeeCommon workers compensation injuries include the following:
- Muscle strains
What To Do If You Suffer an On-The-Job InjuryDoing the right steps if you suffer a workplace-related injury can help protect your rights. You must inform your manager or supervisor at your work right away so that they are aware of the problem. After reporting the incident, see a doctor and get medical attention promptly so that your injuries can get treated. Avoid making mistakes that can harm your claim. Remember to take these actions if you get seriously injured at work so that you are able to file a claim properly. When you are considering filing a workers’ compensation claim, our workers’ compensation lawyer Waukesha, WI understands that it is hard to know if you need to lawyer up for your workers’ compensation claim or try to file it and fight it on your own. Many people believe that filing a workers’ compensation claim will likely not be hard. This is true for some people who have a fairly simple claim and who may not need long periods of hospitalization. If you have already filed your claim and your employer and their insurance company did not dispute it, congratulations! If you are having any problems with filing your claim or trying to appeal a denied claim, however, it is time to speak with an attorney. Determining When You Should Have an Attorney Especially if a dispute pops up with your company’s insurance agency, it is a good idea to work with a Waukesha, Wisconsin workers’ compensation lawyer. When you are working with a denied claim, it is particularly good to speak with an attorney who will know which evidence is necessary to gather in order to challenge the insurance company’s assertion. Other important things that an attorney will help you with are getting a second opinion regarding your medical information and speaking with expert witnesses. Other Times You Should Have an Attorney There are a few other times when having an attorney on your side will be very valuable.
- You need treatment. If you need to get surgery for your medical condition and are unable to afford it on your own, an attorney can help work with the insurance company to get them to approve medical treatment deemed “necessary.”
- You have a pre-existing condition. Many insurance companies love to use this as an excuse for why your claim shouldn’t be accepted. While this may be a difficult battle, your attorney can show that you were still injured on-the-job.
- You can’t work in the same capacity. If you cannot work in the same position you used to work in or if you are unable to work at all, this is serious and should be addressed immediately. A lawyer can help show how difficult it will be for you to change careers and get new training if necessary.
Do You Have a Valid Case?After an injury on the job, or the development of a work-related illness, you might be in physical pain and unsure about where you should begin. The following information can help you to understand what you should do in the coming days. If you have any further questions, or know you need a workers’ compensation lawyer in Waukesha, WI, please call Hickey & Turim, S.C. Does Your Employer Carry Workers’ Compensation Insurance? In Wisconsin, most employers are required to carry workers’ compensation insurance. This insurance is made available to full and part-time employees, as well as domestic workers. The details for coverage should be posted in a visible location at your job. If your employer was required to carry this insurance, but failed to do so, they could be penalized by the state. They may also be liable for any compensation to an injured or ill employee. Are You Eligible? Although most employees will be eligible for workers’ compensation, some will not be. For example, any federal, railroad, or maritime workers are not eligible. However, there are special programs designed just for them. Independent contractors are also not eligible for workers’ compensation. That being said, there may be programs available through the state. If you have concerns about your eligibility, please don’t hesitate in calling a workers’ compensation lawyer in Waukesha, WI. Is a Third Party Claim Available? Workers’ compensation benefits are available so you don’t file any claim (or lawsuit) against your employer, an employee, or a related party. In the event you were harmed by a third party, who is unassociated with your employer, a workers’ compensation lawyer in Waukesha, WI might recommend you filing a personal injury claim. Examples of third parties include a manufacturer, subcontractor, or vendor. Whether this is possible will solely depend on the circumstances of your case. To explore your legal options, or to get help recovering your workers’ compensation benefits, call Hickey & Turim, S.C. to speak with a Waukesha, WI workers’ compensation lawyer. When Do I Need a Workers’ Compensation Lawyer After an on the job injury, or work related illness, it may be in your best interest to hire a workers’ compensation lawyer Waukesha, WI trusts. The process can be completed without legal advocacy; however, complications often occur. With a lawyer at your side, you can feel peace of mind in knowing your legal rights are protected. Maximum benefit can also be sought and recovered. When you file for workers’ comp, you will need to provide medical records, insurance forms, and a number of other documents. Failure to include these things, or any error, will likely delay the process. A workers’ compensation lawyer in Waukesha, WI can ensure everything goes as smoothly as possible. Documents can be organized from the very beginning, and communication with the appropriate parties can be made. Not everyone realizes the importance of a lawyer. They might find themselves in the middle of a complicated case, and without any advocacy. If you are on this page, you most likely are wondering whether or not it is time to hire a workers’ compensation lawyer in Waukesha, WI. The following are a few considerations. You Are Having Trouble with Your Employer or their Insurance Company If you are being ignored by your employer or insurance company, or they are giving you a difficult time during the process, this is a red flag. Calling a lawyer is advisable. Sometimes, either party will refuse or deny your claim based upon false allegations. This is actually more common than many people realize. Sadly, many denied injured workers’ don’t know they can appeal the case. What happens, is they are left with all the bills, as well as, no compensation for lost wages. You Are Concerned About Retaliation It is not legal for an employer to retaliate against you. They cannot threaten, harass, belittle, or fire you. If you are concerned about this, please call a Wausheka, WI workers’ compensation lawyer right away. In addition to workers’ compensation, punitive damages may be available. Furthermore, your employer could face repercussions from the state. You Have Serious Medical Issues Serious medical issues, or a disability, can cause many complications in a case. If you are rendered permanently partially or totally disabled, weekly payments or a lump sum payment may be available. These are extremely expensive cases for insurance companies which means they might make this time very difficult for you. Hiring a lawyer is highly recommended. You Are Receiving Social Security Benefits If you will be receiving social security benefits, you should not delay in hiring a workers’ compensation lawyer in Waukesha, Wisconsin. The settlement you receive from the workers’ compensation insurance company must be structured in a specific way in order to get the most benefits. For years Hickey & Turim, S.C., has provided legal services for injured workers’. If you are dealing with a work related injury or illness, please know that legal advocacy is available. You don’t have to fight for your benefits on your own, and unless you have a simple, straightforward case, you should not. Call a workers’ compensation lawyer in Waukesha, WI today.
Legal Assistance is AvailableWorkers’ compensation claims are not always easy to file, but with a lawyer’s support you are much more likely to get the benefits to cover your expenses. Don’t wait to talk to a lawyer and receive assistance with a claim. Contact a trusted workers’ compensation lawyer in Waukesha, WI.
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