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Worker's Comp Benefits - Hurt Me Twice, Shame on Who?

Worker's Comp Benefits - Hurt Me Twice, Shame on Who?

You may be asked to disclose previous conditions and worker's compensation claims before receiving an offer for a job. However, whether or not you are entitled to file a claim for worker's compensation benefits for a previous injury or an unrelated pre-existing condition is a complicated question that may be answered only by asking more questions. For instance, was there a prior claim for the same injury? Was the condition present when you accepted your current position? The short answer is, "It depends."

Pre-existing Conditions

Whether the condition was a result of a prior injury that resulted in a claim at another company or was unrelated to any on-the-job incident, you may only be entitled to reduced benefits. The amount paid may be less than it would be if this were a new injury, as the employer is only obligated to pay for the degrading effects of the condition.

If your pre-existing condition and the new injury affect different body parts, the original condition may have no bearing at all on the total amount of benefits to which you are entitled.

If you reinjured a previously trauma covered by the same employer and you haven't yet settled the original claim, the benefits will still include medical treatment. If you missed work due to the reinjury, you might be reimbursed for the additional lost time. If the new injury results in a permanent disability, the compensation for impairment may be increased due to the permanence of the resulting damage.

If you previously settled a claim, depending on the state in which you work, you may be able to reopen the old case. There are many conditions relating to reopening a case, and it may also depend on the agreement you made. For example, many employers require employees to accept "full and final" settlements that waive their right to any future claims for the same injury.

If you do file an additional claim, the benefits may still cover medical bills and lost wages, but any disability damages may still be limited to only the worsening of the condition.

Disputes

Pre-existing conditions can complicate your claim for benefits. If you are denied compensation or if you have questions about how you should proceed before filing a claim, consult licensed Glendale workers compensation lawyers experienced in worker's compensation cases to learn about your rights according to your state.

Thanks to Hickey & Turim, SC for their insight into workers compensation and double injuries.

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How to Protect Yourself Against Property Liability Lawsuits

There are few things worse than being personally sued. We have all heard cases where a friend of a friend has lost their home and savings due to someone becoming hurt on their property. Defending yourself from a property liability lawsuit can be a very expensive, stressful process. Not to mention the guilt you will feel if your negligence caused someone to become seriously injured on your property.

If you find yourself in a situation where you are being sued for someone becoming injured on your property, you owe it to yourself to talk with a qualified, experienced attorney as soon as possible. Even though you most likely have homeowner’s insurance, your best interests may not be aligned with those of the insurance company, and it is imperative that you have your own dedicated legal representation.

Of course, the best defense against a property liability lawsuit is prevention. There are many things you can do to protect your home and property and set up safe conditions that minimize the risk of harm for any visitors to your property, invited or not.

First and foremost, identify and fix/secure any dangerous areas.

Walkways hazards are the cause of many injuries. Here are a few tips for keeping walkways clear and safe:

Keep walkways free of debris and clutter.

Wipe/clean up any spills or slippery areas as soon as you see them.

Ensure you install proper lighting.

Stairways/Stairwells injuries can be very serious. Instead of just falling to the floor, a person can be much more injured if they topple 10 or 20 feet down a flight of stairs. To help keep stairs safer: 

Make sure you have a solid hand rail.

A non-slip pad at the tops and bottoms of stairs can help prevent slips.

Stairs at the top or bottom of the landing or carpeting the entire staircase is safest.

Keep staircases clutter free. 

Swimming Pools are a common source of danger. To minimize risk:

Install a fence around your pool. Some states and/or insurance companies require this by law.

Make sure swimming pool gates are self-closing and locking.

Remove ladders, nearby trees, trash cans or other items that a person could use to climb over the fence. 

Lock up any pool chemicals. 

General Maintenance and Prevention can go a long way toward keeping people safe on your property and avoiding a potential lawsuit. All property owners or managers should regularly:

Inspect the entire property for dangers and any new sources of potential damage.

Fix or clearly mark any hazards as soon as you notice them. The longer a hazard has been present, the worse the liability scenario.

Turn on lights at night.

Before visitors arrive, take a quick look around your property for any potential hazards such as water spills or debris that is newly present.

Also, consider installing a fence around your property.

Cameras can also aid in the investigation of any potential property liability lawsuit.

If someone is injured on your property, you need to find the best defense you can.  A slip and fall lawyer in Milwaukee, WI can represent you. Call a law firm today.

Thanks to Hickey & Turim, SC for their insight into workers compensation and protecting yourself against property liability.

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3 Injury Claims That You May Still File

Worker’s Compensation insurance has provided cushion for many individuals to rest, recover, then return to work. It has also provided a stable environment for employers, especially those that have dangerous jobs to oversee. Thankfully, due to this insurance, relations between workers and their employers have become less tense since the 1950s, with far fewer battles waged. We are building a safer environment.

However, specific instances may come about in which the lines become less clear. Are the cases still covered by Worker’s Compensation?

1.Mental Stress

Many occupations come with a mental toll. When working in one of these fields, worker’s compensation may step into play. If you can prove that your work has directly impacted your mental health to a serious detriment, then you may have a claim to file. For this to occur, a doctor’s word may be required as medical attention for mental health would support your case.

In one instance, you may have an anxious breakdown from the workload you have received. If it was given to you with protest, and it led to your downtime, then it should be covered.

2.Lunch Break

If you are injured during a lunch break, you are most likely “off the clock,” and are therefore not in a work-related activity, including leaving the premises to secure food. This would normally disqualify you for the benefits of this coverage. However, if you are on a lunch break, but you are also grabbing food for a company event, this could be considered work-related. Thus, you may file.

3. Disregarding Conduct

Willful misconduct on the employee’s side often results in a case dismissal. However, if you were to prove that your conduct involved the company’s interests, then your claim may be proven valid.

For example, if you knowingly acted in opposition to the employer’s rules, but still incurred injury, then you may still file. This will largely depend on your case, so no positive outcome is guaranteed. The focus should be that you were still operating with the employer’s intent in mind, even if things went awry. With this in mind, you may succeed in arguing for wage recovery.

Remember, the benefits of coverage may not be given unless the employee and employer are both enrolled in the policy, and the incident was work-related. If there is any confusion regarding this, it may be wise to hire a Milwaukee work injury lawyer. Cases like the above can blur the lines into a grey area. Why not ask for advice from someone who makes it their profession?

Thanks to Hickey & Turim, SC for their insight into workers compensation and filing your claim.

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Understand Workers' Compensation While Working at Home

You probably know that workers' comp is a system designed to protect workers in the event of an injury. If the injury was a direct result of work-related activities, then workers' comp should compensate the injured worker for 100% of his or her medical expenses. These expenses include:

Lost wages

Hospital bills

Purchase of medicine

Other expenses, such as canes or walkers

Loss of earning ability

Essentially, workers' comp aims to return an injured worker to the financial state they would be in if the injury never occurred. However, worker's comp is complicated when the worker is injured while working at his or her home. This simple guide will go over everything you need to know about how workers' comp applies to injuries in the home.

Qualifying for Workers' Comp

First things first, workers' comp only applies to injuries sustained while working. Specifically, this means you need to be paid to do whatever it is you were doing while you were injured. Volunteers do not qualify for workers' comp. In other words, you need to be "on the clock" to receive workers' comp.

Second, the action you took while you were injured must be part of your job. If you were fooling around and doing activities unrelated to the job, then workers' comp will not cover the injury, even if you were on the clock when it happened. These are the two biggest requirements for receiving workers' comp.

Home Injuries

Injuries sustained while working from home are still covered by workers' comp as long as the two previous requirements are still met. Many people are paid to do activities at their homes, which means workers comp can cover worker-related injuries regardless of where the injuries took place.

So, let's look at an example. Let's say a telemarketer writes many emails a day and frequently does his job from home. If he develops carpal tunnel from writing so many emails, workers comp would cover the medical expenses related to that injury. If the same telemarketer burned his hand while preparing lunch for himself, workers' comp would not cover that injury, even if he was on the phone and working while the injury took place. The injury itself was not related to work.

The burden of proof lies with the worker. It must be proven that the injury was a result of work-related activities. This is an added challenge, but it is still possible to receive compensation. If you are worried about not getting what you are owed, consider speaking with a Milwaukee work injury lawyer.

Contact Hickey & Turim, SC for their insight into workers compensation claims and injuries while working from home.

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Suing Your Employer for an At-Work Injury

Workers who are injured at work have legal rights to workers’ compensation benefits. Aside from Texas, every state requires employers to carry workers’ comp insurance to a certain degree. This is true for federal, state and local employers, as well as private and public schools. Beyond those entities, employers with 50 or more employees are also required to carry the insurance. If you are injured on the job, is it possible to sue your employer in addition to or in place of workers’ comp?

In Addition to Workers’ Compensation

In most cases, if you receive workers’ compensation benefits, you cannot sue your employer. Even if you feel your benefits aren’t enough, you forfeit your right to a lawsuit when you collect on workers’ comp. The compensation could cover medical benefits, permanent disability and lost wages. There are two scenarios that might allow for you to sue your employer in addition to receiving benefits. They are:

If your employer willfully hurt you. Did your boss do something to willfully hurt you? This doesn’t mean he or she was careless and it resulted in an injury. It means the injury was premeditated and obviously intentional. For example, perhaps during an argument your boss picked up a stapler and threw it at your face, causing an injury. He or she made the decision to pick it up and aimed for your head. You could have a case to sue the employer in that case.

If your employer’s workers’ compensation insurance is insufficient. Most states allow for an individual who was injured on the job to sue his or her employer if the employer does not have enough insurance to provide for the injuries. In such a case, the employee could receive a certain amount of benefits in addition to settlement money from the trial.

In Place of Workers’ Compensation

In some cases, employees may feel it to be more beneficial to sue an employer in place of receiving workers’ compensation benefits. Punitive damages are not recovered through insurance, so if you felt you could receive a good chunk of change towards punitive damages, in addition to the compensation for medical bills, lost wages and more, you may consider suing instead.

Contacting a Lawyer for Help

Perhaps the most effective way to make the proper decision about whether to sue an employer is with the help of a workers’ compensation attorney. Contact workers comp lawyers in Milwaukee, WI today to have your questions answered and to get started on your case no matter which route you take.

Call Hickey & Turim, SC for their insight into workers compensation claims and suing your employer.

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Know What Workers' Comp Forms Not To Sign

Workers' comp is designed to help any employees who are injured while working. However, taking advantage of workers' comp can be a complicated process. This simple guide will go over which papers you should and should not sign to be absolutely certain that you get all the compensation you have the right to.

What To Do

The first thing you need to understand about workers' comp is that every state handles it slightly differently. There are two main forms workers' comp can take, and it greatly affects the paperwork. In some states, workers' comp is a state agency, while in other states it is simply handled by private insurance companies. You can probably already tell that these two systems will have vastly different paperwork. Rest assured, however, that every single state legally requires employers to provide workers' comp to his or her employees. If your employer does not have workers' comp, you should report him or her.

In general, you should trust your employer and sign whichever forms he or she gives you. It is largely the responsibility of employers to handle the process of filing a workers' comp case. You are responsible for reporting the injury to your employer, but he or she should take it from there. Your employer may need more information or for you to sign some paperwork, however.

What Papers To Avoid

Workers' comp involves signing a lot of papers, but very few of them can hurt you. You should always be aware of what you are signing, even if there are only a small number of forms that you should watch out for and refuse to sign. There are essentially only three forms that you should not sign:

Statements that describe the events of the injury differently than you remember it

Waivers that remove the responsibility of the injury from your employer

Direct compensation agreements that do not make use of workers' comp

All of these forms are signs that your employer is acting maliciously. Your employer should have your best interests at heart, but that is not always the case. Any of these forms may make you ineligible to receive your workers' comp benefits, no matter what your employer may say. If you suspect your employer is trying to get out of compensating you for your injury, the very first thing you should do is speak to work injury lawyers in Milwaukee, WI. A legal professional will be able to give you advice that is specific for your situation.

Contact Hickey & Turim, SC for their insight into workers compensation claims and what forms not to sign.

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Is Your Job on the Line While on Workers' Comp?

Workers' comp is a system that compensates workers who are injured while doing their job for all medical expenses. This is essentially a safety net to protect those who have dangerous jobs. If you have been injured while working, or you want to be prepared if that ever happens, you may be wondering about your job security if an injury ever happens. Unfortunately, many workers think they may be fired if they were to file a workers' comp case. This guide will go over this aspect thoroughly, and explain every aspect.

Can You Be Fired?

The law states that no worker may be fired because of a workers' comp case. Workers' comp is a right that is guaranteed to all employees, and exercising that right is not grounds for dismissal. If you are fired for filing a workers' comp claim, then you can file a lawsuit against your employer for wrongful termination, and you will almost certainly win the case. It is completely illegal for any employee to be fired for this reason.

There is a slight complication in this matter, however. Many states are considered "at will employment" states. This means that any employee may quit or be fired at any time, for any reason, and without warning. This means that an employee can be fired while they are out on workers' comp, but they cannot be fired because of workers' comp. This also would not stop the benefits from workers' comp, as long as the employee was not fired prior to the injury. At will employment does not make it legal to fire an employee because he or she filed a workers' comp case. If you suspect this is the reason you were fired, you should seek out a Milwaukee work injury lawyer to evaluate your options. You need proof, but you may be able to sue for wrongful termination.

How Workers' Comp Works

If you are injured while working, this is what you should do:

Seek out medical help – Your first priority should always be to get the medical attention you need. Do not attempt to report your injury or worry about workers' comp while injured.

Report the injury – Within 30 days, report your injury to your employer. Filing for workers' comp is your employer's responsibility.

Follow your employer's instructions – Your employer may need more information or for you to sign some papers. This varies from state to state, so simply follow your employer's instructions to get the workers' comp you need.

Contact Hickey & Turim, SC for their insight into workers compensation claims and if you should worry about your job.

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Falling at a Store

Businesses that invite the public into their stores have a legal obligation to keep the premises ‘reasonably’ safe. Therefore, if you slip and fall and get hurt in a store, you may be able to file a legal claim against the business. 

It makes no difference if it is a big chain store like Target or TJ Maxx, a grocery store such as Wegmans or Kroger, or the small retailer in your town, all are required to do what is necessary to keep their customer’s safe. That sounds like an open and shut case; however, there are many considerations that need to be addressed when pursuing a personal injury claim for a slip and fall injury.

What are the Store’s Responsibilities?

The store’s responsibility includes making sure the premises is in a reasonably safe condition for the safety of their consumers. If someone falls at a store, whether it be a large chain store or a small, local store, the business may be held liable for injuries if it is proven that the slip and fall happened because of unsafe conditions on the premises. The damages that may be rewarded to the customer will differ based on the details of the specific incident, but there are some conditions commonly associated with slip and fall injuries in stores.

What are Some Accidents that Constitute Slip and Fall Injuries?

Entryways are a very common occurrence, especially when the weather is rainy or snowy. Ice or snow, or even puddles of water can accumulate at the store’s entrance causing someone to slip and fall. Wet floor mats may become slippery. Display items that are not stacked correctly may fall in the aisles causing a trip hazard. If the store’s lighting is poor, visibility may be diminished. A customer may spill a drink on the floor, leaving a puddle for someone to slip on. These are just a few of many possible scenarios, but despite what caused the slip and fall, the store’s legal responsibility depends on whether the store knew about the hazardous condition, how soon they knew about the condition and did not take action to correct the issue.

When is the Store Liable?

If the owner of a store knows of a slippery floor and does not remedy the situation in a reasonable amount of time, or at least, display a caution sign at the point of the hazard, they can be held liable for any injuries that occur as a result of the slippery floor.

Evidence must be available that proves the spill was there for a long enough time that the store had to have known about it and yet did not clean it up. Also, the customer who was injured has to prove that the spill or condition wasn’t obvious enough that the customer could have avoided the unsafe area. A customer is expected to exercise reasonable caution to take care of her or himself, and can’t expect the store to be responsible for everything that goes awry. 

Proving Liability

In order to win a slip and fall case, your slip and fall lawyer in Milwaukee, WI will need documented proof of the injuries and pictures of the scene of the occurrence. The store will argue that you should have realized the unsafe area and avoided the situation. These points will be key to deciding how much, if any, damages will be awarded.

Thanks to Hickey & Turim, SC for their insight into personal injury claims and slip and fall accidents at stores.

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Why It’s Important to Act Swiftly After a Workplace Accident

Many companies have established and enforce workplace safety rules, in an attempt to minimize or avoid employee injuries from happening. An employer may strive to create a working environment that is safe, to save money from having to pay out in medical bills for those hurt on the job. Despite the best efforts, an accident can still occur. When they do, it is important that a worker responds by quickly reporting the incident to their supervisor. 

Q: Isn’t reporting a workplace injury an obvious first step?

A: Yes, but sometimes an employee may be part of an accident but believe that they didn’t suffer any injury. Or, there is an obvious visible injury but the employee is afraid to report it to their employer out of fear of consequences or being blamed. Other employees may wait until they have serious symptoms before saying anything to their employer. 

However, when too much time has gone by between when the accident happened and when the worker came forward, there is more of an opportunity for the employer to doubt whether the injury happened at work or not. By reporting right away, it helps reduce the chances of a dispute developing between worker and employer. 

Q: What happens if I do not report the accident on time?

A: Your employer may be able to deny you medical care and workers compensation-related benefits if you did not report the accident within a certain timeframe. Then, you may be on your own having to pay for medical treatment related to the injuries, that would have otherwise fallen onto your employer. 

Q: If my employer gives me an option to see a doctor same day, what do I do?

A: Your employer may offer you a chance to see a work-assigned doctor the same day that the accident happened. It is advisable that you take your employer up on this offer. If you deny seeing a doctor the day of your accident but then injuries worsen, your employer may get suspicious and wonder why you hadn’t sought medical care in the first place. Even if you don’t have symptoms yet, the work-assigned doctor can run diagnostics if needed to see if there are any potential injuries that can be addressed. 

Q: Can coworkers be an ally if the workplace accident turns into a dispute?

A: Your coworkers can become useful witnesses to the accident and your most influential allies if your workplace accident turns into a dispute. You may want to get ahead of the game and ask a coworker for a statement about what they saw when your injury accident occurred before things escalate. You coworkers can verify your account of the incident in the event that you are challenged by your employer and/or their insurance company. 

A workplace accident can develop into a tense conflict if the employer accuses the worker of compensation fraud or that the injury occurred off the clock. You may want to seek help from work injury lawyers in Milwaukee, WI for support as you go through the process of getting the care you need. 

Thanks to Hickey & Turim, SC for their insight into workers compensation and why to act fast.

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Personal Injury Case: How to Maximize Your Compensation Award

After an injury accident and consulting with personal injury lawyers in Milwaukee, you may decide that filing a personal injury claim is in your best interest. With help from your attorney, you can take certain steps to maximize your potential compensation award. Everything you do, from the moments after the accident up to filing a case, can make a difference in how much monetary compensation you receive.

Q: How important is evidence in my personal injury case?

A: The outcome of your case is going to heavily depend on the quality of your evidence. The opposing side then decides how much to offer you in a settlement based on the strength of your case. So, the more you can preserve evidence, the higher of a chance you have at not only winning the case, but getting the amount you deserve to fully recover.

Q: What if I wasn’t able to take pictures at the accident scene?

A: It is possible that you were ushered to the hospital after the accident due to sustaining serious injuries that required prompt emergency care. In this case, you don’t have to worry as much about photographs of the scene. You can obtain a copy of the police report from your local law enforcement office once you are of stable health. The fact that your condition was so serious that you couldn’t stay on the scene to capture photographic proof can still weigh the case into your favor.

Q: What if there were witnesses nearby?

A: Witnesses can be a crucial element of any personal injury case. If you were able to gather witness contact information at the scene, then your attorney can follow up in the days after for a more official statement. If you weren’t able to get witness names and phone numbers, try to remember if the people who came out to help were nearby shop workers or residents. You can ask around at these locations to see if you can track down these bystanders.

Q: Can I ask for copies of my medical documentation related to the accident?

A: Yes, you can request from your doctor’s office to obtain copies of paperwork related to your accident injuries. Examples of useful documents can be doctor’s exam, diagnostics like bloodwork or x-rays, prescription medication, emergency hospitalization bills, and more. By providing this information, it encourages the opposition to come forward with a fair settlement offer so you get the money you require to overcome the incident.

Q: What if I get a settlement offer quickly? Should I take it?

A: After getting hurt and feeling the weight of unpaid medical bills on your desk, it can be tempting to accept the very first settlement offer by an insurance company or the opposition. Unfortunately, this initial offer is usually way under what you really deserve. In order to get the maximum compensation possible, you must make it clear to the other side that you are ready to go the distance to get what you need.

Contact Hickey & Turim, SC for their insight into personal injury claims and how to maximize your compensation.

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Steps to Take After a Personal Injury Accident

As we go about our daily lives, at one point or another we may find ourselves in an accident where we sustained an injury. It can be a confusing and stressful time, as we may not know exactly what to do or who to report such an incident to if what happened was because of another’s mistake or negligence. To help protect yourself from loss, there are important steps you can take. Many victims of personal injury accidents consult with a reputable lawyer near them to find out more information about how to handle the situation.

Here we have listed some of the most commonly asked questions victims have during a legal consultation:

Q: What if I haven’t sought medical help yet?

A: The first thing anyone must do after an injury accident is to seek medical attention. If you haven’t yet, then do so as quickly as possible. Some people may wait days or weeks until aches and pains have gotten so bad that they can’t stand it any longer. But unfortunately, holding off medical attention after a personal injury accident can have a negative impact on your claim or lawsuit. If you were to seek compensation, the opposition may argue that if your injuries were so severe, then you would have gone to the doctor that same day.

Q: What types of injuries may not show symptoms right away?

A: Injuries like soft tissue damage or brain injuries may not show any symptoms until days, weeks, or perhaps even months later after the injury accident. By seeking medical care early, a doctor can perform a thorough evaluation and diagnose injuries before they have a chance to worsen. A doctor may be able to uncover injuries that you had not realized were a problem yet.

Q: Is it necessary to meet with an attorney about my accident?

A: Those who suffered an injury that did not require more than what a standard first aid kit offers, may not need to take legal action regarding the incident even if another entity was at-fault. If a person didn’t face any significant financial or emotional damages due to the incident, then it may not be worth the money and time filing a lawsuit. However, it is highly recommended that those who endured substantial monetary loss, property damage, and emotional turmoil consult with an attorney about what happened to find out if they have a strong foundation for a lawsuit.

Q: What are considered recoverable losses and damages?

A: There are several losses and damages that a person may be compensated for due to an injury accident that was another party’s fault. A Milwaukee personal injury lawyer can talk with you further about how you were impacted after the incident, and calculate an estimate for how much you could be awarded if legal action were taken. Here are examples of recoverable losses and damages for a personal injury accident:

Prescription medication

Doctor visits

Loss of wage

Pain and suffering

At-home care

Punitive damages

Contact Hickey & Turim, SC for their insight into personal injury claims and what steps to take to file your claim.

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Who Provides Workers’ Compensation Benefits?

The requirements for workers’ compensation benefits vary from state to state. In some states, an employer has to purchase insurance through an insurance carrier, whereas in other states if a company has enough assets, they can self-insure or act as an insurance company. Then, with some companies, if they have too few employees, they may be exempt entirely. If you’re dealing with a work-related injury, then this is particularly important for you to know. Workers’ compensation is supposed to protect employers from lawsuits and protect and pay for damages that employees deserve.

Who Provides the Insurance?

The employer purchases and provides insurance benefits to employees. The employer purchases from an insurance company and in most states are required to have this coverage. Now, if a company chooses to, they can have their own in-house workers’ compensation coverage. Even this type of coverage, however, has to cover work-related injuries and illness.

Are There Penalties?

If an employer tries to skip out on workers’ compensation, they may wind up in a lot of trouble for it. If the employer is not offering workers’ compensation, here are some of the penalties:

Criminal prosecution

Fines

Personal liability

Lawsuits

Keep in mind that if your employer does not have workers’ compensation coverage, you are allowed to file a suit.

Can an Employer Retaliate?

Many employees worry about retaliation from an employer after filing a workers’ compensation claim. The idea behind workers’ compensation is to provide remedies to the employee. It also protects the employer from personal lawsuits. Still, you may find that some employers frown on workers’ compensation claims. If an employer does not agree with the claim or doesn’t like that an employee filed a claim, he or she does not have the right to discriminate against the employee.

If an employer discriminates against, harasses or fires an employee for filing a workers’ compensation claim, then he the employee can make another claim against the employee. If you ever feel like you are being unjustly punished for workers’ compensation claims, contact an attorney right away to find out your options.

When it comes to the workers’ compensation benefits, your employer sets it all into motion and the insurance company steps in and takes care of the claims. The insurance company protects both the employee and the employer. The employer does not carry the risk of being sued and the employee can receive awards for damages. If you’re considering a workers’ compensation case, talk to Milwaukee workers compensation lawyers today about your options.

Contact Hickey & Turim, SC for their insight into workers compensation claims and who provides the benefits for workers comp.

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What to Expect from Workers’ Compensation Coverage for Carpal Tunnel

Workers’ compensation covers all workplace injuries. When people think about workplace injuries, they think of pulled muscles, construction accidents or breathing issues connected to firefighting. These aren’t the only injuries covered, however. Some work-related injuries develop over time. This includes repetitive motion injuries such as carpal tunnel. If you’re wondering if your repetitive motion injury or carpal tunnel entitles you to workers’ compensation, the answer is that it probably does.

Workers Who Qualify

There are certain industries where repetitive stress injury is more common. If you work with a computer all day long, then odds are you’re covered under the workers’ compensation coverage. As long as you can prove your injuries are because of your job, you have coverage. Some of the high-risk jobs are:

Delivery workers

Nurses and health care aides

Janitors

Housekeepers

Bus drivers

Professional athletes

Agricultural workers

Meat processing workers

Musicians

Firefighters

Of course, these aren’t the only industries where repetitive motion injuries are a problem.

How to File a Claim

Filing a claim always depends on the laws in your state. In some cases, you will file the claim but in others, it may be your employer who files it. Generally, carpal tunnel and other RSIs are covered under workers’ compensation. There are some limitations in different states, however. For instance, you may have to deal with a higher standard of proof. Likewise, there are sometimes deadlines on when to file. For instance, when you experience disability or miss work for it, the clock may start ticking.

If you need to file a claim or are uncertain of whether your case will qualify, you can speak to a lawyer. Lawyers are up to date on workers’ compensation laws and can help you figure out the ins and outs of your claim and whether you should file.

Act Quickly With Workers’ Compensation

As soon as you begin to see warning signs of an RSI, you should receive medical attention. Have a doctor check out your problems and give you a full diagnosis and recommendation. If you tough it out and make your injury worse, you may have trouble when filing your claim. It’s important to visit a doctor. Not only will it help you manage your RSI, but it helps with the workers’ compensation process.

When it comes to workers’ compensation, RSIs and carpal tunnel do meet the qualifications for coverage. Of course, it all depends on your circumstance and situation. Talk to a workers compensation lawyer in Milwaukee, WI today to find out more about RSIs and workers’ compensation.

Contact Hickey & Turim, SC for their insight into workers compensation claims and coverage for carpal tunnel.

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Workers’ Compensation Eligibility When You Are at Fault

If you are injured on the job and are worried about filing a workers’ compensation claim because you feel the accident was your own fault, you might be surprised to find out that many similar cases are won in the injured person’s favor. Workers’ compensation is unlike other cases because an employee does not have to prove fault to receive the benefit. It is freely given to the entire workforce. Because of this, many cases are won.

Situations That May Disqualify You

While many injuries on the job qualify for workers’ compensation, there are some situations that could disqualify you from receiving compensation. Some of them can be turned around with a lawyer fighting your case, so it’s important to always obtain counsel. A few scenarios in which you could be disqualified from receiving your workers’ compensation benefits include:

Intoxication – If you were clearly intoxicated and your injury was a direct result of drug or alcohol use, your employer may not be found responsible. For example, if you have drunk well beyond the legal limit, walk into your office, trip over your own feet and receive a head injury, the judge may look at the alcohol content in your body and find that as the fault of your injury. However, if you walk into the office drunk and trip over a poorly placed chair, thus resulting in a head injury, your employer could be held responsible.

Policy Violation – If a court has proof that certain company policy was drilled into your head over and over again, but you directly violated that policy and were injured as a result, your employer may be exempt from providing compensation.

Horseplay – Unless horseplay is a common occurrence in which your management does nothing, it could be a reason to disqualify you from receiving benefits. For example, if you and your co-workers are typically well-behaved, and disciplined if you goof off, and you are injured because you were doing a cartwheel in the warehouse, it might disqualify your employer from providing compensation.

What You Should Do

After any workplace injury, it’s important you get in touch with a workers’ compensation lawyer. Your lawyer can discuss with you exactly what happened to determine whether or not you have a case and are entitled to compensation. You don’t need to admit fault to your employer or anyone else. Your lawyer will let you know how to proceed. Contact a workmans comp lawyer in Milwaukee, WI today to start the process of receiving the compensation you deserve.

Contact Hickey & Turim, SC for their insight into workers compensation claims and eligibility when you are at fault.

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Workers’ Compensation: Is Every Worker Covered?

For most employees who suffer injuries while on the job, they are covered by workers’ compensation. There are some exceptions to the rule, however. It’s always important to check with your company or speak with a lawyer when you have questions involving a specific case. However, for general information, a few different factors determine your eligibility for workers’ compensation.

Employee Coverage

Most employees have coverage under workers’ compensation. Federal and state employees have these benefits under their employers. Now, there are some exceptions to this rule. For one, in some states, if you are an agricultural employee, seasonal employee or independent contractor, you may be exempt from the policy. In other states, you may find out that an employer only has to have workers’ compensation coverage if there are a minimum number of employees. It’s important if you’re not sure if you qualify that you speak to an attorney. Now, if you are not covered, you may be able to bring a civil claim against the employer.

Independent Contractor Coverage

Many states exempt independent contractors from workers’ compensation coverage. First, it’s important to find out the details of your specific case. If you’re injured as an independent contractor, then it’s crucial for you to contact an attorney to discuss your case. Your employer may cover you. If they don’t and you were injured due to negligence or any other reason, you still might be able to file suit.

Small Company Coverage

Not all companies have to carry coverage. While most employers are required to have workers’ compensation coverage, there are exemptions based on the size of the company. This varies state by state. Sometimes these exemptions have to do with how many employees there are or how much the employees make. An attorney can help you figure out the rules in your state so that you know whether you have coverage. In most states, if there is at least one or more employees, coverage is mandatory. However, in other states, the number could be as many as five employees.

When it comes to workers’ compensation, it’s important to have all of the facts. There are always exceptions and even if you don’t qualify under your employer’s coverage, you still might be able to file a personal claim against the employer. When you suffer work-related injuries or illnesses, you shouldn’t ignore it or settle for being on your own with the medical bills. Speak with a workers compensation lawyer in Milwaukee, WI and find out the options. Contact a workers’ compensation lawyer today for more answers to your questions.

Contact Hickey & Turim, SC for their insight into workers compensation claims and who is covered.

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Truck-Only Highways

One of the most devastating types of vehicle accidents that truck accident attorneys handle is those involving commercial trucks. A law firm is dedicated to aggressively fighting for truck accident victims and their families in order to ensure they receive the financial compensation they deserve. If you or a loved one has been injured in a truck accident, contact a law office to find out how they can help your family.

Can We Prevent Truck Accidents?

According to national statistics, there are more than half million truck accidents every year, responsible for killing more than 4,000 people and leaving thousands of others seriously injured. The majority of victims who are killed in truck accidents, approximately 65 percent of them, are people in other vehicles. Another 15 percent of fatal victims are pedestrians or cyclists. Only 15 percent of victims killed in truck crashes are in the truck.

Tragically, this number keeps increasing each year. In 2016, there were 30 percent more truck accident fatalities than there were in 2009. And for victims who do survive the crash, the injuries are often so catastrophic that they suffer with permanent disabilities for the rest of their lives, often leaving the victim physically and financially overwhelmed. Some of the more common truck accident injuries include paralysis, traumatic brain injuries, amputations, and disfigurement.

These statistics have led one state – Georgia – to begin the process of building a highway that would run from Atlanta to Macon and would be for commercial trucks only. The state is doing this in response to the prediction that commercial truck traffic will double within the next 20 years. Could this be something that State and other states may propose to help minimize the risk of truck accidents?

Common Causes of Truck Crashes

There are many reasons why a truck accident can occur, but a trucking accident attorney from Hickey & Turim often see certain causes over and over again in the cases we represent. According to studies conducted by the Federal Motor Carrier Safety Administration (FMCSA) and the National Highway Traffic Safety Administration (NHTSA), the following are the most common:

Improper maneuvering of the truck

Improperly loaded cargo

Loss of control because of mechanical failure, including brake failure or tire blowout

Not driving appropriately for weather or road conditions

Overloaded cargo

Speeding

Truck driver drifting into another vehicle’s lane

Truck driver drifting off the edge of the road

Truck driver fatigue

Contact a Truck Accident Attorney

If you or a loved one has been injured in a tractor-trailer crash, contact a skilled Milwaukee personal injury lawyer to find out what your legal options may be against the at-fault party or parties responsible for the accident. Truck accidents often involve claims against multiple parties and can be more complex than other types of vehicle accident claims. This is why you need a seasoned legal team advocating for you against trucking companies and insurance companies looking to deny your claim. Call a law office today to set up a free and confidential case evaluation.

Contact Hickey & Turim, SC for their insight into personal injury cases and truck accident injuries.

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Calculating Pain and Suffering After a Car Accident

Car accidents can cause the human body substantial amounts of pain and damage. Victims of serious collisions may end up dealing with newly developed emotional struggles and financial hardships. When meeting with an attorney, victims may ask how pain and suffering are calculated and how much they may receive in compensation. Since each car accident is unique, we recommend consulting with an attorney for a thorough evaluation and estimate.

Your Insurance Company May Not Be On Your Side

Unfortunately, people may find that their insurance company is supportive up until they actually file a claim. Insurance agencies are a for-profit business, that often want to pay victims as little as they can after a car accident happens. Many insurance companies push for a fast settlement, to avoid covering more expenses that come up.

Injuries after a car wreck may not be felt to the fullest extent until weeks, months or years later. Especially when it comes to back injuries and whiplash, symptoms can have a delayed onset. Your insurance company may try to lure you with what seems like an expensive check, to get you to settle and close the claim. Then, any other expenses related to your car accident injuries must come out of your pocket. The amount initially offered by a car insurance company, is often way below what the victim truly deserves.

By consulting with an attorney before accepting a settlement, they can help ensure that the amount you agree to is fair.

Calculating Pain and Suffering

It is relatively easy to add up your medical bills from the hospital, doctor, or pharmacist to figure out how much loss you’ve endured thus far. Perhaps the more difficult calculation is figuring out the amount a person should receive for emotional damage, since the insurance industry doesn’t have a strict formula for pain and suffering. Medical documents that emphasize the severity of your condition may be used as a guide when calculating pain and suffering. It is important to talk with an attorney about this scale before settling, so we can see that your insurance company hasn’t left this out of the equation entirely.

Multiply By Three Rule

Your car insurance agency may or may not use the “multiply by three” rule. By multiplying your losses by three, this can help you get an idea of about how much you deserve for pain and suffering. This calculation is designed to cover emotional damage, in addition to your current and future medical expenses. Examples of financial loss to include in this calculation are things like your vehicle repair costs, hospital bills, prescription medication, loss of wage from missing work, chiropractic care, and any other related expenses you would not have had to deal with if the accident didn’t occur.

If you or someone you love was recently in a terrible car accident, we encourage you to contact a personal injury lawyer Milwaukee, WI offers at your earliest convenience. They can see to it that your compensation settlement amount is fair and can assist you on the road to recovery.

Contact Hickey & Turim, SC for their insight into personal injury cases and calculating pain and suffering after a car accident.