Workers Compensation Lawyer Waukesha, WI
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 claim
Under 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 condition
In 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 injury
Workers’ 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 paperwork
The 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 behalf
A 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 compensation
One 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 Qualify
The 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 Time
You 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.
Common Mistakes to Avoid
Making sure you qualify and filing on time are the two biggest things to make sure you do. There are also a few things that you should avoid doing because they could put your claim in jeopardy.
Not Seeking Medical Care
If you have an injury, you need to go to the doctor right away. Not getting medical care is a huge mistake when you need to prove the injury occurred on the job. It also could show that your injury was not severe enough to warrant a claim. You may struggle to prove you even have an injury if there is no medical record.
Talking to the Insurer
While your employer’s insurer may contact you, you should not talk to anyone other than your workers’ compensation lawyer in Waukesha, WI. The insurer can use whatever you say against you to deny your claim. It may also try to get you to sign off on a settlement that is not in your best interests.
Getting help from a workers’ compensation lawyer in Waukesha, WI, can help you avoid common issues with securing workers’ compensation benefits. You need someone on your side to help you through the process and get the proper benefits.
Workers’ Compensation Benefits for Illnesses
For most people, when they hear about workers’ compensation benefits, they usually associate these benefits with a serious injury that occurs on a job site, like a back injury or broken bone. However, there are a great many workers’ compensation claims that are filed by workers who have developed an occupational illness. Many of these illnesses take years to develop before symptoms begin showing up, however, the outcome for the worker is often a devastating – and fatal – one. A Waukesha, WI workers compensation lawyer understands that exposure to toxic chemicals and materials can result in a number of occupational illnesses that can forever impact a worker’s life.
Whether a worker suffers a sudden work injury or an illness that took years to develop, Wisconsin law says that a worker is entitled to benefits under our state’s workers’ compensation statutes. It does not matter if the injury or illness was the fault of the employer or employee (as long as the employee’s behavior or action was not intentional in order to cause themselves harm). There are certain requirements under the law in order to protect the worker’s right to collect, such as the timeframe they have to file their claim, and a Waukesha, WI workers compensation lawyer can assist with that filing.
Two of the most common occupational illnesses that workers in this country suffer from include asbestosis and lead poisoning.
Asbestosis is caused by inhaling asbestos fibers that enter the lungs, causing severe damage. Asbestos is a material that was used for decades in all kinds of products, including building materials like cement and insulation. Asbestosis symptoms do not appear for decades after the victim has sustained long-term exposure, while the asbestos fibers create scarring of the lungs. Symptoms of the illness include shortness of breath and chronic coughing. There is no known treatment or cure for asbestosis and the condition leaves the victim at an increased risk of lung cancer.
Another common but dangerous occupational illness that works suffer from is lead poisoning. Just like asbestos, lead used to be a common ingredient used in house paint and many older buildings still contain this paint. Construction workers and others working in older builders may be exposed to the lead in paint and dust. It can take a long time for the symptoms of lead poisoning to appear since the lead needs to reach a high level in the victim’s blood before the issue can actually be detected. Lead poisoning can leave a worker suffering from pain, fertility issues, and long-term or permanent neurological issues.
If you or a loved one is suffering from an occupational illness, you need a skilled Waukesha, WI workers compensation lawyer advocating for you. These cases can be complex, especially when employers and insurance companies often dispute claims and attempt to avoid liability. Call Hickey & Turim SC and let us help you and your family get the compensation you deserve.
When You Should Hire a Workers Compensation Attorney
You Are Contacted by the Insurance Company
You may receive several types of contact from the insurance company. First, you may receive a claim denial. You may also be contacted by a claims administrator who is asking about the circumstances of your injury. Finally, you may receive a settlement offer. In all these cases, you should have the guidance of a workers compensation lawyer in Waukesha, WI, such as Hickey & Turim SC.
Your attorney will guide you in the appeals process when your claim is denied. These professionals also help you speak with claims representatives or administrators so that you provide enough information to prove the claim is valid. If you provide too much information, you may give the administrator cause to deny the claim.
If you receive a settlement offer, it will typically be too low to meet your financial needs. However, a workers compensation attorney should negotiate the highest possible settlement. If an agreement cannot be made, your lawyer should argue your case in front of a judge and jury, who will determine your necessary compensation.
If You Are Permanently Disabled
If you cannot return to your previous job, but you can do other work for the company and your employer is accommodating, you should return to work and do what you can. However, if you are partially or permanently disabled, you may need further medical treatment and financial assistance in the future. In these cases your workers compensation lawyer in Waukesha, WI may be able to negotiate or fight for weekly payments or a larger settlement to cover these costs.
However, a large settlement may impact the amount you are able to collect in Social Security Disability. The last thing you want is for your disability payments to be reduced because you received a settlement. Therefore, you need an attorney who understands how to structure your settlement so that your disability is not or is only slightly impacted.
Your Injury Was the Result of Misconduct
If you were injured as a result of the serious misconduct of another person, such as your employer or a third party, you may be eligible for more than just workers compensation. Your workers compensation lawyer in Waukesha, WI should tell you that this insurance was adopted to reduce or prevent civil lawsuits against employers for injuries that occur at work. However, when misconduct is involved, you may be eligible to pursue a civil lawsuit against your employer. In addition, if your employer does not carry workers compensation insurance, you may need to file a civil suit to get any compensation. Law firms, such as Hickey & Turim SC, can give you guidance on civil litigation for workplace injuries.
Call Our Office Today
No matter the reason why your work injury claim was denied, a Waukesha, WI workers compensation lawyer from Hickey & Turim, S.C. can evaluate your case and see what legal options you may have for an appeal. You need to act quickly so that you do not miss any deadlines for filing. Call our office today to schedule a free and confidential consultation and find out how our legal team can help. We will be happy to answer any questions that you have and try to help you get the compensation that you deserve. Reach out today so we can get started.
Is it worth it to hire a workers compensation lawyer if I only suffered a minor injury on the job?
Every year, thousands of people suffer from workplace injuries that range from minor to serious. If you are one of the unlucky workers who suffered a minor injury, it is worth hiring a workers compensation lawyer in Waukesha, WI. If you’ve been injured at work, you may be entitled to workers’ compensation benefits. These benefits can help cover medical expenses and lost wages while you’re recovering. However, getting those benefits can be tricky, especially if your injury is minor. That’s where a workers’ compensation lawyer comes in.
Even if your workers compensation claim is minor, it may be worth your time to speak with a lawyer. In some cases, such as with a minor injury, you may be able to handle the claim yourself. However, in other cases, especially if your injury affects your ability to work, hiring an attorney can be crucial to getting the benefits you deserve. A qualified workers compensation lawyer Waukesha, WI can help you navigate the workers compensation system and ensure that you receive the full benefits to which you are entitled. Plus, they may be able to help speed up the process of receiving those benefits. So, if you’re considering filing a workers compensation claim, consider speaking with a lawyer first.
If You’ve Been Injured At Work, This Simple Trick May Help Your Case
Hickey & Turim SC is a trusted name for those seeking a workers compensation lawyer in Waukesha, WI. Over the years, they’ve seen many cases. Their experience in the field has taught them quite a few things, and they work hard to impart this knowledge to their clients.
A workplace injury is a stressful occurrence. Not only do workplace accidents bring about physical pain and financial concerns, but they also come with paperwork and administrative tasks. Dealing with human resources and insurance adjusters is the last thing that someone recovering from an injury wants to do. In order to make the process easier, Hickey & Turim SC recommend following one rule above all else. Doing so can make the difference between a claim that is quick and seamless, and one that is unnecessarily burdensome.
Keep a Record of Everything
Holding on to records and documents might sound obvious. However, when you consider that a WC claim is made up of several parties and moving parts, keeping good records is easy to overlook. Failing to keep a record of everything can make your case harder to prove. Conversely, having documents that reflect your experience can give your workers compensation lawyer in Waukesha, WI much more information to work with.
What Documents Should I Expect?
When you’ve been injured on the job, the first thing you need to do is notify your employer in writing. Whether it is your human resources department or direct supervisor, be sure that there is a written record of your correspondence. Should you run into problems down the road, not having a written notification may leave you unprotected.
When you seek medical treatment, make sure that you hold on to any bills, invoices, or receipts. Your medical bills will be needed to present proof of your expenses when you are seeking reimbursement via WC benefits.
Finally, when you notify your employer that you are filing for WC benefits you should be presented with a claim form. You’ll also need to be sure that you hold on to a copy of this form for your records.
Making sure that all of your records are in order is a great way to reduce friction in an already stressful process. That said, an attorney can also help you keep track of all the necessary documents and keep them safe for you. Your first priority is getting well. Hickey & Turim SC can help lighten the load.
Why hire Hickey & Turim, SC as your workers compensation lawyer?
Workers compensation is confusing, and you need to make sure that your rights are protected. We understand that this is a stressful time in your life, but we are here to help guide you through everything from beginning to end. We have over 25 years of experience helping clients get the compensation they deserve after an accident or injury at work. Our lawyers can also help if you’ve been hurt by a defective product or suffered an illness related to toxic exposure at work.
Our workers compensation lawyers Waukesha, WI are compassionate and understanding when it comes to your needs. They will fight hard on your behalf so that you can receive the benefits that you deserve. You won’t find another firm with more dedication or knowledge than ours!
The big insurance companies are going to fight your claim tooth and nail, but we can help. We will make sure that they pay for the medical bills you incur from the injury, as well as cover any lost wages or other expenses related to being hurt in an accident. Our goal is to get our clients fair compensation for their injuries without having them go through the stress of dealing with insurance companies on their own.
Hickey & Turim has decades of experience helping personal injury victims recover what they deserve after suffering an injury due to negligence or carelessness by another party. We work hard every day at getting our clients maximum compensation while keeping costs down so that everyone gets a fair shake when it comes time to settle out of court or take a case all the way through trial if necessary.
Sit Down with Attorney Josh Turim to Discuss the Importance of Seeking Treatment from Your Own Physician After a Workplace Injury