Workmans Comp Lawyer Milwaukee, WI
There are three basic requirements to qualify for workers’ compensation benefits. First, you must be an employee. This seems like a basic rule for workers’ comp but may be trickier in the grand scheme of workers’ comp laws. For example, if a private contractor is hired by somebody and the contractor gets hurt on the job, they may have to pay for their own medical expenses. The person who hires the private contractor is generally not legally obligated to purchase workers’ comp insurance.
The second requirement for eligibility for workers’ compensation benefits is an injury that was acquired on the job. A personal injury received at home or not during working hours will not qualify as a work-related injury and therefore will not be compensated by the insurance. If the injury sustained by an employee happened on work premises, workers’ comp will typically cover the medical expenses or lost hours.
Last, the employer must have workers’ compensation insurance. Most states require all companies to purchase workers’ comp insurance if they hire employees that are not considered shareholders or owners. There are some exceptions to this, such as companies that are sole proprietorships or partnerships that do not have any employees.
Other workers whose employers may not have to have workers’ comp insurance are listed below. It is important to note that employers must already have this insurance for employees to receive benefits after an injury. Although the employee may not receive workers’ comp benefits, they always have the right to file a lawsuit against their employers if the working conditions proved to be inherently unsafe, or if an employer showed negligence. The following is a general overview and a Milwaukee workman’s comp lawyer can explain more in detail.
Special Circumstances For Certain Jobs
Each state has its own laws regarding workers’ compensation and no two states will have the exact same rules. Generally speaking, there are a handful of jobs that most states do not require employers to purchase workers’ compensation insurance. Some jobs that may not be required to carry workers’ comp insurance include:
- Domestic Workers – This may include housekeepers, gardeners, and landscapers. Domestic work is considered to be a private contractor of sorts and most states do not require people to carry workers’ comp insurance if they want to hire domestic workers.
- Farmers or Agriculture Workers – Doing work in agriculture is considered to be stressful on the body by nature, so many states exempt them from workers’ comp benefits. Again, this is a generalization and all states have different laws regarding workers’ comp. Depending on which state an agriculture worker is employed in may determine whether they may receive workers’ comp benefits.
- Seasonal or Temporary Workers – Most of the time if somebody is hired under contract for a short period of time, the state will not require the employer to cover workers’ comp benefits.
When Do I Need an Attorney for a Workers Comp Claim?
Milwaukee residents who sustain an on-the-job injury often consult with a workman’s comp lawyer Milwaukee, WI locals prefer Hickey & Turim, S.C. to assist them with their worker’s compensation claim. It’s not uncommon for a worker to be concerned about retaliation from their employer if they file a claim. They may also face resentment from coworkers about taking advantage of workers’ compensation benefits which they deserve.
Our attorneys at Hickey & Turim, S.C. have handled thousands of cases like these since starting our business in 1989. We understand the complexities and challenges of dealing with a worker’s compensation claim. We can fight for your rights as a worker and will make every effort to make sure you receive the maximum amount of benefits to which you are entitled.
With a workman’s comp lawyer in Milwaukee, WI injured workers choose from Hickey & Turim, S.C., you can feel at ease knowing our attorneys are knowledgeable and thorough. After a workman’s comp lawyer in Milwaukee, WI from our firm begins working on your case, you can expect to get answers to common questions such as these:
- What if my claim is rejected?
- What do I do if my boss decides to retaliate against me for filing a claim?
- What exactly are my rights as a worker who has been injured?
- What benefits may I be entitled to receive?
From start to finish, a workman’s comp lawyer Milwaukee, WI community members recommend from Hickey & Turim, S.C. can assist with your claim. Whether you need help filing it, gathering proof for the claim, scrutinizing evidence provided by your employer, or conversing with the insurance company, we can take care of it on your behalf. Your Hickey & Turim, S.C. lawyer might also speak with your physician to confirm the status of your injury and document it for your claim. Hiring a workman’s comp lawyer Milwaukee, WI residents rely on from our firm can make all the difference in ensuring your claim is accepted and that you receive maximum benefits.
Information to Provide to Your Milwaukee Workmans Comp Lawyer
- a) Whether or not your injury is severe enough to require surgery.
- b) Whether or not your physician said that you cannot return to work due to the injury.
- c) Your physician’s diagnosis of your injury.
- d) Whether or not your physician said that you will entirely recover from your injury.
- e) Whether or not your medical bills are covered by your employer.
- f) Whether or not you have a pre-existing physical condition similar to your work injury.
- g) Whether or not you believe that you are receiving sufficient workers’ compensation benefits.
- h) Whether or not you understand the worker’s comp claim process and would like the assistance of a legal professional.
When Do Workers’ Compensation Benefits Run Out?
If you were hurt on the job and are expecting to earn benefits as a result, it may be worthwhile to contact a workman’s comp lawyer in Milwaukee, WI. This is especially true when a worker sustains a serious or catastrophic injury. The reason for this is that most workers do not have a thorough understanding of their state’s workers’ compensation laws. As a result, they can be taken advantage of by their employer and/or their employer’s workers’ compensation carrier. At Hickey & Turim, our Milwaukee, WI workman’s comp lawyer does not charge clients upfront; rather, you will only pay a reasonable percentage of the monies that they are able to secure for you from the compensation carrier. Find out if our worker’s compensation lawyer may be able to increase the amount of the benefits you are expecting to receive. In addition, if benefits were denied to you, this is another reason to contact us at Hickey & Turim. We may be able to get your denial reversed. Call us for a free consultation.
Wisconsin Workers’ Compensation Benefits
Generally speaking, a worker who is seriously injured on the job is eligible to collect workers’ compensation benefits for the duration of their recovery. The benefits they receive will be a percentage of their regular earnings, which is usually about two-thirds. Regardless of the severity of their injury, they will probably not receive benefits equal to their normal income. However, the medical care they require should be covered by their benefits. Understand that this is not always a straightforward process. For instance, the worker’s compensation carrier may claim that the injury is not as serious as it actually is and therefore is unwilling to pay for the necessary medical treatment. Even before this happens, contact a workman comp lawyer serving Milwaukee, WI to make sure your rights are protected.
Temporary Total Disability
If your work injury prevents you from being able to return to work but you are expected to eventually recover completely, you will likely qualify for temporary total disability payments. These are also known as time-loss compensation benefits.
- These payments will last until you are able to return to work as per your worker’s compensation physician’s approval.
- The number of benefits for which you will qualify will be a percentage of your usual wages, usually two-thirds of what you normally earn.
- Your worker’s compensation lawyer will make sure that if you also qualify for receiving an amount of funds equal to what your employer pays for your employee health insurance benefits.
- You may be paid these benefits twice per month. Your Milwaukee, WI workman’s comp lawyer can tell you if the law allows your employer to pay you once a month or once per week.
Permanent and Total Disability
When a worker is totally and permanently disabled while working on the job, they will likely qualify for a type of workers’ compensation benefits package known as a pension or life pension.
Workers’ Comp and Existing Injuries
Workers’ comp is designed to act as a safety net for workers with dangerous jobs. It seems like the system should be completely straightforward and clear-cut. If you are injured while working, then you are eligible for compensation for all financial losses, right? Unfortunately, things are not always quite as simple as they may seem. For instance, a lot of people are completely unsure if they are eligible for workers’ comp for aggravating or re-injuring a previous injury. Does it matter whether the original injury was from a different job? This simple guide will answer all your questions about existing injuries and workers’ comp.
You will be happy to hear that all injuries that are truly related to your work are covered by workers’ comp, regardless of whether or not it is just an aggravation of an existing injury. There are conditions that determine eligibility, but the age of the initial injury does not factor into those matters in any way. This means all of these cases would be covered just fine:
- After breaking an arm during a construction job, Luke’s bone strength was compromised. This led to him breaking his arm again in his current warehouse position.
- Carla dislocated her shoulder while playing sports. The original injury was not work-related, but she dislocated it again while working.
- While unloading boxes from a truck 15 years ago, Matthew hurt his back. Today, he aggravated this same injury while unloading boxes with the same company.
The most important thing to remember when determining eligibility is that the current injury is related to work directly. Generally, only non-work-related injuries are rejected for workers’ comp.
There are no limitations on the type of injury, although some injuries are more commonly re-aggravated than others. Among the most common are repetitive stress injuries, such as carpal tunnel. These injuries happen initially due to performing a physical action over and over for hours at a time, such as typing or lifting heavy objects. Due to the nature of these injuries, it is common for performing the same action that initially caused the injury to injure it again. Rest assured that these kinds of injuries and re-aggravations are covered by workers’ comp.
While an employer cannot deny workers’ comp due to an existing condition, an employer may refuse to hire an individual in the first place due to the higher risk of aggravating or re-injuring an existing injury. If you have any legal questions about your workers’ comp eligibility, you should speak with a workers’ comp attorney.
Contact Us for a Free Milwaukee Workmans Comp Consultation
Although your occupation may fall under those that are exempt from providing workers’ compensation benefits, there are ways to recover medical expenses. Filing a lawsuit against your employer may be necessary if you wish to be compensated for the injury. If you believe the carelessness of your employer directly resulted in an injury, it is advised to consult with a personal injury attorney. A workman’s comp lawyer Milwaukee clients recommend will help you exercise any rights you may have regarding the injury and how to proceed, and will advise you on the steps to take in court to help you receive just compensation.
If you were hurt on the job and it has resulted in a significant injury, protect your rights to receive the maximum possible benefits for which you qualify. Contact Hickey & Turim and our workman’s comp lawyer for Milwaukee, WI will be happy to discuss your case during a free consultation.
We offer the first consultation for free to help get you started with filing a successful claim. Please do not hesitate to contact us to reach a skilled and compassionate workman comp lawyer in Milwaukee, WI offers from Hickey & Turim, S.C.