Workers injured on the job are usually entitled to workers compensation. Nearly every employer is required to keep workers compensation insurance coverage.
Just because your employer has this coverage, doesn’t mean you don’t have the right to speak with a workers compensation lawyer of your own. The team at Hickey & Turim, SC has represented countless numbers of employees hurt on the job. We will fight to ensure you receive the full benefits available to you. If you have been injured, it is important you take the following steps:
Seek Medical Attention
If you’ve been injured on the job, you should see a doctor as soon as possible.
If warranted, go straight to the emergency room. If the injury is not severe, ask your employer if there is a certain doctor you should see or if you can choose who to go to. Some workers compensation plans work within a network of specific medical professionals.
Sometimes you may not be satisfied with the employer’s physician. When this happens, you may be entitled to a second opinion from the doctor of your choice. The workers compensation coverage may not pay for you to get this second opinion. However, it could be worth paying out of pocket or seeing if your health insurance will cover the claim. Without proper medical treatment, you stand to lose much more.
Make an Accident Report
Talk with your employer about the documentation process for your case. Often, there is a short window of time to file a report in a workers compensation case.
Because of this, it’s important to file accident reports regardless of the extent of injuries. Even if your injury does not warrant full medical care, the accident report could result in the implementation of new safety measures to keep all employees safe.
Consult with a Trusted Workers Compensation Lawyer
Some workers compensation cases are clearcut, but many are not. You should consult with a trusted attorney to see if your case warrants further action.
The team at Hickey & Turim, SC has helped workers in Milwaukee recover the full benefits and compensation they deserve.
Some things to consider that can help you determine if it’s time to call an attorney:
- Severity of the Injury: If you have suffered minor cuts and bruises then your case should be handled routinely. If on the other hand, you are hospitalized for days or weeks or require surgery then you should consult with Hickey & Turim, SC.
- Referral to a Specialist: If you get referred to a specialist such as an orthopedic surgeon or neurosurgeon this is another red flag that you should call an attorney.
- Employer Cooperation: Is your employer angry about you seeking treatment? Is the company dragging their feet on getting a workers comp claim started? This is a troubling sign and can cause delays and problems with you getting the healthcare you need.
- Refusal to Pay Weekly Benefits: If you are unable to work but are not getting the weekly benefits you deserve then it’s time to call Hickey & Turim, SC.
- Injury caused by Third Party or Defective Machinery: This type of situation means you may be entitled to seek additional compensation from those responsible.
These are just some of the reasons why our clients seek help from us. Regardless of your circumstances, we will assess your claim for free.
When it’s time to hire top workers’ comp lawyers Milwaukee WI offers, you may not realize it right away. This is one reason why the lawyers of Hickey & Turim offer a free, no-obligation case review.
Milwaukee WI workers’ comp lawyers may greatly increase the success of your claim, and may help you receive maximum compensation. Very often, the amount of damages they recover on your behalf is greater than the amount of compensation you were initially offered by the insurance company.
Guidelines for When It May Be Time to Hire a Workers’ Comp Lawyer
Many workers’ comp lawyers in Milwaukee WI do not charge clients a fee unless they win a lawsuit or negotiate a settlement, but confirm this when speaking with them. There is no substitute for legal advice from a qualified lawyer, but this guideline may help you with what to consider before making a decision.
- If you’ve suffered a major injury. Many workers’ comp lawyers Milwaukee WI victims trust would consider a major injury to be one that requires hospitalization or causes long term symptoms or effects.
- If the insurance company is not cooperating with you, and as a result you have not received payment after a reasonable period of time.
- If your workplace injury case is complicated, and your injury is severe or permanent.
- Your employer denies your claim, or your employer has retaliated against you in some way for filing a workers’ comp claim. This can include an undeserved demotion, termination, or intimidation. These are serious charges to make on top of a workers’ comp claim, which is why a respected attorney on your side may make a substantial difference.
- You might have an additional claim against a third-party. Though you cannot take legal action against your employer for accident damages if you accept workers’ comp, you can file a lawsuit against a third-party. Proving third-party liability is usually tricky, which is where an attorney can help. Most workers’ comp lawyers Milwaukee WI employees hire have resources that are unavailable to laypeople. This often includes medical and technical consultants who may help prove a strong case.
Who Is Eligible for Workers’ Comp?
You have probably heard about workers’ compensation. This is the system that protects anyone who is injured while working. This means that anyone with a dangerous job can rest easy knowing that all their expenses will be taken care of if the worst case scenario becomes a reality. However, you will be able to have more peace of mind if you know who is eligible for workers’ comp. This guide will answer this simple question.
The Conditions for Workers’ Comp
There are two conditions that must be met for a worker to be eligible for workers’ comp. These are:
- Being paid
- Being an employee
The first condition is very straightforward and simple to understand. If your job pays you, then you meet this condition. This means that unpaid volunteers are ineligible for workers’ comp. The second condition is a little more complicated. To be considered an employee, certain aspects must be true for the work you do, but the simplest way to determine this is whether a portion of your paycheck is withheld for taxes. If so, that means you are an employee, as opposed to an independent contractor, paid volunteer, or freelance worker. Only workers who meet both of these conditions can file a workers’ comp claim.
In addition to the above conditions which are placed on the type of employment, there are two more conditions that the injury itself must meet. These are:
- While on the clock
- While performing work-related activities
The first condition means that you must have been being paid at the time of the injury. You should never do any work while on break, before clocking in, or after clocking out because any injuries that occur will not be covered.
The second condition means that you are only covered if the injury resulted from an action expected of you by your employer. If you are doing something unrelated to your job and it results in injury, then you are out of luck.
If you are unable to qualify for workers’ comp, then you have a few other options. If workers’ comp is no longer an option, then you most likely will want to use your insurance policy to pay for your medical bills and other expenses. If you believe the denial was made in error or due to some discrimination, you have the legal ability to file a lawsuit against the responsible party. You should speak with a workers’ comp attorney to learn more.
Don’t Take Chances
Because our attorneys offer a free case review, you have nothing to lose by calling us. If you have suffered a major injury in a workplace accident, find out if an attorney might be of help. Contact the lawyers of Hickey & Turim for a free consultation with an experienced workers compensation lawyer Milwaukee WI has to offer.