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:

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 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

1. a) Whether or not your injury is severe enough to require surgery.
2. b) Whether or not your physician said that you cannot return to work due to the injury.
3. c) Your physician’s diagnosis of your injury.
4. d) Whether or not your physician said that you will entirely recover from your injury.
5. e) Whether or not your medical bills are covered by your employer.
6. f) Whether or not you have a pre-existing physical condition similar to your work injury.
7. g) Whether or not you believe that you are receiving sufficient workers’ compensation benefits.
8. 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.

Previous Injuries

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.

Common Cases

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.

Types Of Workplace Accidents

Navigating the complexities of workers’ compensation can be overwhelming. When a workplace injury occurs, knowing your rights and the types of accidents covered under workers’ compensation laws is crucial. Here, we will explain various workplace accidents and why it’s important to consult with a knowledgeable Milwaukee, WI workmans comp lawyer. Hickey & Turim, S.C. has over 70 years of combined experience between lawyers and we would be more than happy to assist with your case.

Slips, Trips, And Falls

Slips, trips, and falls are among the most common workplace accidents. These incidents can happen in any work environment, from offices to construction sites. Common causes include wet or uneven floors, poor lighting, and loose cables. These accidents can result in a range of injuries, from minor bruises to severe fractures or head injuries.

Overexertion And Muscle Strains

Overexertion injuries are prevalent in jobs requiring repetitive motion or heavy lifting. These accidents occur when an employee pushes their body beyond its physical limits, often leading to muscle strains, back injuries, and other musculoskeletal problems. Employers should provide proper training and ergonomic equipment to prevent these injuries. These can be trickier, but a skilled Milwaukee workmans comp attorney can help determine if you qualify for compensation.

Being Struck By Or Caught In Objects

Work environments with heavy machinery or moving objects pose a significant risk of employees being struck by or caught in objects. These accidents can occur in manufacturing plants, warehouses, and construction sites. Injuries from these accidents can be severe, including broken bones, crush injuries, and even amputations.

Vehicle-Related Accidents

For employees who drive as part of their job, vehicle-related accidents are a significant risk. This category includes delivery drivers, sales representatives, and truck drivers. Accidents can happen on the road or even in parking lots, leading to injuries ranging from whiplash to severe trauma.

Exposure To Harmful Substances

Workplaces dealing with chemicals or hazardous materials expose employees to the risk of inhalation or contact injuries. Long-term exposure can lead to chronic illnesses such as respiratory conditions, skin disorders, and even cancers. Proper protective gear and safety protocols are essential in these environments.

Fires And Explosions

Fires and explosions, though less common, can cause catastrophic injuries or fatalities. These accidents often occur in environments where flammable materials are present, such as factories or labs. Injuries from such incidents include burns, respiratory damage, and blast injuries.

Repetitive Motion Injuries

Jobs requiring repetitive tasks, such as typing or assembly line work, can lead to repetitive motion injuries. Carpal tunnel syndrome, tendonitis, and bursitis are common ailments resulting from repetitive strain. Ergonomic workstations and regular breaks can help mitigate these risks.

Machinery Accidents

Machinery accidents are common in industrial and manufacturing settings. They can result from improper maintenance, lack of safety guards, or operator error. These accidents often lead to severe injuries, such as lacerations, crush injuries, and amputations, emphasizing the need for strict adherence to safety protocols.

Falling Objects

In workplaces like warehouses and construction sites, falling objects pose a significant hazard. Objects falling from heights can cause head injuries, fractures, and other serious injuries. Wearing appropriate safety gear, like helmets, and securing loads properly are critical preventative measures.

Workplace Violence

Unfortunately, workplace violence is a reality in many environments. This category includes physical assaults, threats, and harassment. Such incidents can lead to physical and psychological injuries, highlighting the importance of effective workplace policies and support systems for employees.

Electrical Accidents

Electrical accidents can occur in any workplace, particularly where electrical maintenance or equipment use is common. Electrocution, shocks, and burns are common injuries resulting from these accidents. Ensuring all electrical systems are up to code and employees are trained in electrical safety is vital.

Reach Out To Hickey & Turim, S.C. Today

If you or a loved one has suffered an injury due to a workplace accident, it’s essential to seek professional legal advice. Experienced Milwaukee workmans comp attorneys can help you navigate the complex process of filing a claim and ensure you receive the compensation you deserve. Don’t wait—contact us today for a free consultation and let us help you get back on your feet. We will make sure that insurance companies do not take advantage of you, just for not knowing how to handle these cases. Contact Hickey & Turim, S.C. today to get assistance.

Workman’s Compensation Q&A

When faced with a work-related injury, navigating the process of obtaining compensation can feel overwhelming. Having a Milwaukee, WI workmans comp lawyer by your side can make a significant difference in securing the benefits you deserve. Below are some common questions about how a workman’s compensation lawyer can assist you. Hickey & Turim, S.C. would be happy to assist and offers free consultations to go over your case. It is important to have a lawyer on your side so that you do not get taken advantage of. Many companies have lawyers to protect themselves, so individuals should as well. Here are some questions we are asked often.

 What Can A Lawyer Do To Ensure My Claim Is Filed Correctly?

A lawyer helps ensure that your claim is filed properly and on time. Missing crucial deadlines or submitting incomplete paperwork can lead to delays or denial of benefits. An experienced Milwaukee, WI workmans’ comp attorney will guide you through each step, ensuring that all necessary documents are completed accurately and submitted before the deadline.

 How Does A Lawyer Help If My Claim Gets Denied?

If your claim is denied, it’s not the end of the road. A lawyer can review the reasons for denial and work with you to build a strong appeal. They may gather additional evidence, such as medical records or witness statements, to strengthen your case. They also represent you during hearings, ensuring your rights are protected and advocating for the compensation you are entitled to receive.

 Can A Lawyer Negotiate A Better Settlement For My Case?

Yes, a lawyer can negotiate on your behalf to secure a fair settlement. Insurance companies may offer a lower amount than you deserve, hoping you will accept it without question. A workman’s compensation lawyer knows how to evaluate your case’s worth and negotiate a settlement that covers your medical expenses, lost wages, and other related costs. Their experience ensures that you aren’t shortchanged.

 What If My Injury Prevents Me From Returning To Work?

If your injury results in permanent disability or prevents you from returning to your previous job, a lawyer can assist in obtaining long-term benefits. They will work with vocational experts, doctors, and other professionals to prove the extent of your injury and how it impacts your ability to work. They can help you access benefits for permanent disability or vocational retraining to transition to a different role if necessary.

 Do I Need A Lawyer If My Employer Is Cooperating?

Even if your employer is cooperative, having a lawyer is still beneficial. Employers and insurance companies may appear supportive but could be more focused on protecting their interests than ensuring you receive maximum benefits. A lawyer acts as your advocate, ensuring that you receive all the compensation you’re entitled to, including any overlooked or undervalued benefits.

 How Does A Lawyer Handle The Complexities Of My Case?

Workman’s compensation cases can be complex, especially if multiple parties are involved or if the injury is severe. A lawyer can manage these complexities by investigating the incident, working with medical experts, and coordinating with other professionals to build a comprehensive case. They also stay on top of all legal requirements, saving you the stress of navigating a complicated process alone.

 Will A Lawyer Represent Me In Court If Necessary?

Yes, if your case goes to trial, a lawyer will represent you in court. They’ll present evidence, call witnesses, and argue your case before a judge or jury. Having legal representation is crucial in these situations, as the opposition will likely have their own lawyers fighting to minimize your compensation. An attorney’s expertise increases your chances of a favorable outcome.

 What Does It Cost To Hire A Workman’s Compensation Lawyer?

Most workman’s compensation lawyers work on a contingency fee basis, meaning they only get paid if you win your case. This structure allows you to access legal assistance without upfront costs, as the fee is typically a percentage of the benefits you receive. This arrangement also motivates your lawyer to work hard to secure the best possible outcome.

Reach Out Today

Navigating a workman’s compensation claim alone can be daunting, but having a lawyer on your side makes a significant difference. From filing claims and appealing denials to negotiating settlements and representing you in court, experienced Milwaukee, WI workmans comp attorneys are there to ensure you receive the benefits you deserve. If you’ve been injured at work and want to protect your rights, contact our team today for a consultation. Let’s work together to get you the compensation you’re entitled to.