Hiring a Workers’ Compensation Attorney
Workers’ compensation benefits may be available to employees who have been injured while at work. The repercussions of an injury on the job can be an incredible hardship faced by employees. The road ahead may be full of a number of unknowns. A workers’ compensation lawyer serving West Allis, Wisconsin at Hickey & Turim, S.C. may be able to help in managing the process you are about to endure.
Our legal team has years of experience in representing people who have been impacted by job-related accidents and are well aware of the hurdles you stand to face. You will have endless questions in the period of time following your accident, some of the most common include the following.
What makes an employee eligible for workers’ compensation?
While Wisconsin laws will definitely come into play when determining eligibility for workers’ compensation, Hickey & Turim, S.C. can help you determine if you are eligible for benefits. There are key elements that will determine eligibility for an employer who has been injured:
- Your Employment: You must be employed in order to obtain workers’ compensation benefits. There can be some exceptions to this, such as volunteers and independent contractors. If you fall under one of these categories, you will want to speak with a West Allis, WI workers’ compensation lawyer to discuss your specific situation.
- The Injury Was Work-Related: If you were injured while conducting work-related business, your injury may be eligible for workers’ compensation. While some cases may be straight-forward, others can be far more complicated.
- Filing on Time: You need to report your injury on time and file all the necessary paperwork in accordance with Wisconsin laws.
What happens if I am unable to work following an accident?
If you are injured in a work-related accident, you will not only need to recover from your physical injuries, you may also stand to face financial losses as a result of the time spent away from work to recuperate. Workers’ compensation may help accident victims to recover compensation from lost wages. A workers’ compensation lawyer can work with you to help recover compensation for your financial losses that have resulted from time away from work. We will support you in gathering the evidence needed to prove that you suffered financially and help in valuing your case.
What evidence do I need to help support my workers’ compensation case?
Proving that you have suffered an injury from a work-related accident may seem pretty straightforward for some. However, it will be key that you are able to put together a case with evidence that supports your claim. In many cases, strong evidence can include:
- Medical documentation
- Accident reports
- Proof of your employment
Will my employer dispute my workers’ compensation case?
There can be nothing more frustrating than to receive a work-related injury only to find that your employer is disputing your claim. Unfortunately, this is not uncommon. Here are reasons an employer may dispute workers’ comp:
- They do not believe that you were injured
- They do not believe your injury occurred at work
- They do not believe that your injury required time away from work
- They are trying to save money on their insurance premiums
Despite the reasons an employer may have for fighting your claim, it doesn’t make them true. A workers’ compensation lawyer may be able to help you when faced with this form of challenge.
Scheduling a consultation with a workers’ compensation lawyer West Allis, WI clients trust from Hickey & Turim, S.C. can help to provide insight into the process in which you are able to proceed with. We provide services that can not only help you to proceed with confidence, but keep lines of communication open so that you can regularly contact us for support, counsel, and answers to your questions.
If you were injured on the job and are having a hard time collecting workers’ compensation benefits, is it time to enlist the help of a workers’ compensation lawyer in West Allis, WI? That will depend upon the nature of your injury, what has been done so far in your attempts to collect the benefits, and the response, if any, from your company, your company’s workers’ comp insurance provider, or the state agency.
There are several situations where it should not be necessary to have the help of a workers’ compensation lawyer serving West Allis, WI in order to successfully collect workers’ compensation benefits. These situations include:
- Your employer has admitted that your injury did happen at work
- The injury was minor in nature, such as a sprained ankle, minor cuts, and bruises that require minimal medical attention
- You only missed a few days of work — or none at all — because of your injury
- You did not already have a condition in the same area of your body affected by your work injury that may question the symptoms or extent of the work injury to the pre-existing condition
Situations Where You May Want to Hire a Wisconsin Attorney
Any time it seems like your case is becoming complicated and you are not sure how to proceed, you should contact a lawyer to help with your case. The workers’ compensation lawyers at West Allis, WI at Hickey & Turim in West Allis, WI are experienced in difficult workers’ compensation situations and can advise you on the next steps to take. There are time limits to workers’ compensation submittals and they vary from state to state, so the sooner you can contact an attorney for assistance, the better your chances for recovering the benefits if your case is successful.
You should hire a workers’ compensation lawyer for West Allis, Wisconsin if:
- The settlement offered by your employer is not enough to pay all or medical expenses or lost wages. Do not think that just because a workers’ compensation judge approved the amount of the settlement that it is a fair amount. Unless the judge feels the settlement is entirely off base, they will sign off on the agreement. If that offer is not satisfactory, an attorney may be able to help you get the fairest settlement possible.
- Your claim is denied by your employer or they do not pay your benefits in a timely manner. Insurance providers and employers will try to deny legitimate workers’ comp claims with the hopes that the workers will not file an appeal. Most of the time they are correct and many employees never receive the benefits they were truly entitled to. Hiring an attorney will give you a better chance of receiving a fair compensation for your injury.
- You are fired as a retaliation for filing a workers’ comp claim. Any negative changes made to your employment as a result of you filing a claim is illegal and you should seek legal counsel.
Who Is Covered by Workers’ Comp?
If you have been injured while working, you probably have a huge number of questions about how workers’ compensation works. Or, if you want to be prepared in case you ever are injured, you may still have a few questions. Workers’ comp is a complicated matter, so it is difficult to fully understand how it works. One aspect that confuses many people is who is covered by it. This short guide will completely answer any questions you may have about coverage so you can be certain whether or not workers’ comp will cover you.
The good news is that essentially all workers are covered by workers’ comp in the US. If you are considered a paid employee, then you are covered by workers’ comp. The type of work that you do does not affect coverage in any way. This means that all kinds of injuries are covered. A construction worker who is struck by a falling object has just as much a right to workers’ compensation as an office worker who suffers from carpal tunnel syndrome.
A few special cases where a worker does not qualify for workers’ comp include:
- Unpaid volunteers
- Independent contractors
- Freelance workers
It is notable that part-time and seasonal employees are still covered. You do not have to be full-time to receive coverage.
So now that you know whether or not your employment type qualifies you for workers’ comp, you should know whether or not your specific injury qualifies. There are only two conditions you need to meet:
- You must have been injured while being paid
- You must have been injured while doing work-related activities
Essentially, only injuries that resulted from doing whatever it is you are paid to do are covered. If you are on break, and therefore not on the clock, then you are not covered for any injuries you suffer. This is a big reason why you should not do any work while off the clock.
Likewise, even if you are being paid, you cannot file a workers’ comp claim if the actions you took when injured are unrelated to your job. For example, a warehouse worker who cuts his hand while trying to get a candy bar out of vending machine would not be able to claim workers’ comp. It simply is not part of his job, even if he was on the clock at the time. If you are afraid you might not receive the compensation you are owed, contact a workers’ comp attorney.
If your workers’ comp claim is not being handled per your satisfaction, a workers’ compensation lawyer West Allis, WI families turn to at Hickey & Turim will go to work on your behalf to obtain the benefits to which you are entitled.