Workmans Comp Lawyer Milwaukee Trusts Explains Benefits Exemption
There are three basic requirements to qualify one 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 workmans 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 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.
Contacting a Milwaukee Workmans Comp Lawyer
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 workmans 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.
When Do I Need an Attorney for a Workers Comp Claim?
Milwaukee residents who sustain an on-the-job injury often consult with a workmans comp lawyer Milwaukee, WI locals prefer from Hickey & Turim, S.C. to assist them with their workers 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 workers 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 workmans comp lawyer Milwaukee, WI injured workers choose from Hickey & Turim, S.C., you can feel at ease knowing our attorneys are knowledgeable and thorough. After a workmans 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:
1) What if my claim is rejected?
2) What do I do if my boss decides to retaliate against me for filing a claim?
3) What exactly are my rights as a worker who has been injured?
4) What benefits may I be entitled to receive?
From start to finish, a workmans 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 workmans 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 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 workers comp claim process and would like the assistance of a legal professional.
Contact Us for 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 workmans comp lawyer Milwaukee, WI offers from Hickey & Turim, S.C.