4 Wisconsin Worker Compensation Laws Impacting your Injury Claim
Unable to Work Due to a Workplace Injury? You May Need to Hire a Lawyer to Get Compensation
If you’ve suffered a work-related injury or illness which prevents you from doing your job properly, workers’ compensation laws are in place to help you pay your medical bills and maintain your cost of living. Since workers’ comp is a form of insurance that provides wage replacement and medical benefits, often times work injury claims can be disputed by employers for one reason or another. Don’t lose money over an injury that wasn’t your fault – talk to the Milwaukee personal injury attorneys at Warshafsky today to learn when you need to go to court for your workers’ compensation injury.
1. Denied Workers' Comp Benefits Can be Disputed
Why Your Employers May Not Pay You Compensation
Sometimes employers will try to avoid workers’ comp claims. Compensation insurance can be very expensive, and workers will often just accept getting no money since they fear being fired or demoted from their job.
A personal injury attorney can help you get the money for your injuries by:
- Obtaining all your medical records to prove your injuries
- Getting an official medical opinion through an independent medical professional
- Obtaining testimony from an expert about the physical requirements of your job
- Obtaining statements from family and friends to prove you didn’t get injured somewhere else
- Finding evidence of your employer’s history of poor workplace safety or lack of training
Experienced personal injury attorneys can get you the compensation you’re entitled to for your injuries.
2. Compensation You Receive Should Cover Pain and Suffering
If your employer agrees to pay you workers’ compensation, but it’s not enough to cover your wages, medical bills, and pain and suffering, a personal injury lawyer may be necessary to appeal for more money. If you were injured at work, the worth of your case could increase if represented by a lawyer.
Some workers’ comp insurance may involve a long-term disability (LTD) policy, meaning you’re entitled to long-term compensation due to an injury or medical issue that prevents you from working any sort of job.
There are many exclusions and limitations of LTD policies that insurance companies will try to trap you with, including:
- Limited coverage for mental conditions, such as schizophrenia
- No coverage for disabilities as a result of alcoholism or substance abuse
- Long waiting periods with no payments to prove your disability isn’t short-term
- Stopping all payments at the age of 65
- Limiting payments after being required to file for Social Security Disability Insurance (SSDI)
Workplace Injuries that can Result in a Lawsuit:
- Lacerations and Contusions
- Sprained or Broken Ankles
- Arm, Shoulder and Elbow Injuries
- Back Injuries
- Broken Bones
- Concussions and other Brain Injuries
- Joint Injuries and Dislocations
- Eye Injuries and Loss of Vision
- Injuries to Face/Head
- Damage to Internal Organs
- Knee Injuries
- Amputation and Loss of Limb
- Spine Injuries
- Sprains and Strains
3. Social Security Disability Insurance Can Affect Your Compensation
Social Security Disability Insurance (SSDI) benefits may be significantly reduced if you’re already receiving workers’ compensation. The rules for workers’ compensation offset are very complex, and certain legal procedures can help you maximize the payments you receive as a result. A personal injury attorney can help you find the best way to get more money through both your workers’ compensation benefits and SSDI.
Warshafsky can help you maximize the benefits you receive via workers’ comp and SSDI, including:
- Additional expenses deducted from your workers’ comp settlement
- Spreading out a lump-sum payment month-over-month
- Getting more Social Security retirement benefits
4. You Can Sue a Third Party in Addition to Your Workers’ Compensation Claim
There can be many factors contributing to your workplace injury, and in addition to workers’ compensation, you may also be able to sue a third party for contributing to your injury.
Some examples of you being able to sue for damages caused by your injuries include:
- Egregious conduct at work – if an employer or coworker deliberately caused your workplace injury, then you have the option to sue them in civil court or collect money from a state fund.
- Defective product – if your injury was caused by a machine or piece of equipment at work that’s defective or had failed to work properly, then it’s considered inherently dangerous. You have the option to sue the manufacturer of the product as a means of warning your business and other employees of the danger.
- Toxic substance – if you become severely ill or injured due to exposure of toxic chemicals at work, you have the option of filing a complaint with the Occupational Safety and Health Administration (OSHA) for not making your workplace safe from toxic exposure.
Get the compensation you deserve for your workplace injury – Warshafsky Law is the personal injury law firm Milwaukee residents turn to when they need a powerful ally against the insurance companies and employers trying to deny your claim. Call now for a FREE consultation and find out how an experienced personal injury attorney can help YOUR bottom line.