Workers Compensation Lawyer Waukesha, WI
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 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.
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. Call our office today to schedule a free and confidential consultation and find out how our legal team can help.