4 Wisconsin worker compensation laws impacting your injury claim Settlement offers from business lawyers & insurance companies depend partly on if they fear your lawyer.
Do I need a workers' compensation lawyer?
Yes. Sometimes employers will dispute work-related injury claims. Don’t lose money over an injury that wasn’t your fault – talk to theWisconsin personal injury attorneysat Warshafsky today to discuss options, refute lowball insurance claims and build a strong case for fair compensation.
Unable to work due to a workplace injury? You may need to hire a lawyer to get compensation
Sometimes employers will dispute work-related injury claims. Don’t lose money over an injury that wasn’t your fault – talk to the Wisconsin personal injury attorneys at Warshafsky today to learn when you need to go to court for your workers’ compensation injury.
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. If this sounds like you, a Warshafsky workers' comp attorney will be able to help. 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
Warshafsky's workers' compensation lawyers have been through this process before. We know what to do and how to do it. With our help, your chances of strengthening your case and getting the money you need is much higher. You don't have to do it alone.
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 policies 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:
About 90% of workers’ compensation claims filed in Wisconsin during 2018 were declared to be traumatic injuries, according to the Wisconsin DWD. From this 90%, about 69% of the traumas impacted bones, muscles, joints, etc. Other common workplace injuries include:
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 heighten 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. Suing 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 to 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 and Madison residents turn to when they need a powerful ally against the insurance companies and employers trying to deny your claim.
Injured? it is about the money®
What is workers' compensation?
In Wisconsin, workers’ compensation is a form of insurance that provides wage replacement & medical benefits. If you suffer a work-related injury or illness preventing you from doing your job, workers’ comp laws help pay medical bills and maintain your cost of living.
Why do I need a workers' compensation lawyer?
It's not uncommon for employers to dispute a work-related injury claim. A workers' comp attorney can help make sure you get all the money you need to cover expenses while you're unable to work during recovery. Without a workman's compensation lawyer, you might not get the money you need, or may miss out on money you're due.
What does a workers' comp attorney do?
A Warshafsky workers' compensation lawyer will communicate with the workers' compensation insurer for you, gather necessary medical records and evidence to support your claim, negotiate a better settlement, and represent you at your workers' compensation hearing.
How much money can I receive from a workers' compensation settlement?
In 2018, the State of Wisconsin Department of Workforce Development (DWD) reported that the average settlement payout for workers’ compensations claims in Wisconsin was over $10,000. Experienced personal injury attorneys can get you the compensation you’re entitled to for your injuries.