A workplace injury can be devasting to the financial stability of injury victims and their families. Having an experienced lawyer on your side can have a significant impact on the outcome of your claim. If you or someone you love has been injured in a work accident, the Oshkosh workers’ compensation attorneys at Sigman, Janssen, Sewall, Pitz & Burkham are ready to help review the details of your claim.
We have handled many workplace accident cases and recovered significant compensation for injury victims including a $500,000 recovery obtained by attorney Mark Sewall on behalf of a worker that suffered a foot injury resulting from a construction accident and $220,000 for a State of Wisconsin employee that suffered a back injury on the job. Our workers compensation lawyers charge no upfront fees and offer a free, initial consultation to help determine if you have a case.
Free Consultation. Ph: (877) 888-5201.
Am I Covered By Workers’ Compensation?
Employers that hire three or more workers are required to have workers’ compensation insurance. This coverage provides payment of medical costs and partial lost wages that may be associated with a worker's inability to return to work following a work-related injury.
Regardless of how long an employee works at a company, he or she is covered by workers compensation insurance as soon as he or she begins working. This includes part-time and seasonal workers and those who are minors. However, volunteers and independent contractors are not considered employees and are not covered under workers’ compensation insurance.
Certain kinds of workers are not covered by workers' compensation because they are covered by other laws. For example, interstate railroad workers, seamen and postal workers are covered by federal laws. Some farm workers may be covered, while many others may not be.
There are many factors involved in determining if you are eligible for benefits. Our Oshkosh workers' compensation lawyers can discuss those factors with you and explain how we can help you pursue benefits you may be eligible for.
Contact an attorney today. Call (877) 888-5201.
Work Injuries That May Qualify for Benefits
If your job is covered by workers' compensation, you may be eligible for benefits if you suffer a covered injury. A covered injury is any physical or mental harm that is caused by a workplace accident or disease.
Common injuries that may be caused by work duties include:
- Muscle strains
- Cuts and lacerations
- Head injuries
- Spinal cord injuries
- Traumatic brain injuries
- Torn ligaments
- Severe bruises
- Hearing loss
- Broken bones
Employees may also be at risk for developing occupational diseases. These can include medical conditions including mesothelioma, cancer or heart disease. There is a higher risk of developing these conditions when employees are exposed to dangerous substances for a long period of time.
Determining if you were injured in the course of your work can be complicated. In some instances, injuries occur outside of the main work site, such as while driving a company car or walking in the company parking lot. These may still be covered by the workers' compensation system, while injuries during lunch breaks may not be.
Our Oshkosh workers' compensation lawyers welcome the opportunity to review your injury and determine if you may be eligible for benefits.
Types of Workers’ Compensation Benefits in Wisconsin
Obtaining quality medical care after suffering a work injury can be cost prohibitive for many workers. If you have a valid claim, our Oshkosh workers’ compensation lawyers can work hard to obtain the benefits you need to cover your medical expenses. These may include:
- Past, present and future medical expenses
- Costs of surgeries
- Medical tests; CAT scans, x-rays, MRI’s
- Assistive medical equipment
- Prescription medications
Workers’ compensation may also provide compensation for lost wages when you have a temporary or permanent disability that causes you to miss days from work.
Temporary Disability Payments for Loss of Wages
These benefits are applicable when your injury or illness either prevents you from working in any capacity or prevents you from working as much as you used to. You may receive two-thirds of your average weekly wage, subject to an annual cap. These benefits are paid until you are able to return to work earning the salary you earned before the injury.
Permanent Disability Compensation
Workers who experience a permanent loss of function because of a work-related injury or occupational disease may be able to receive benefits for the rest of their lives. Like temporary disability benefits, permanent disability benefits equal two thirds of your average weekly wage.
If your injury still allows you to work in some capacity, you may be compensated for your permanent partial disability for a certain number of weeks or based on your percentage of disability. Only injuries that are extremely severe qualify for permanent disability, such as loss of limbs, loss of eye-sight or loss of hearing.
When Will I Start Receiving Benefits?
The first workers’ compensation payment is generally available within 14 days of your last day working day. However, you may not receive compensation for the first three days you did not work unless your disability lasts more than seven calendar days.
If you have been injured on the job, it is important that you contact an Oshkosh workers’ compensation attorney to discuss the value of your disability benefits. There is no risk in contacting us, you only take legal action if you decide to do so.
Need some help? Call (877) 888-5201.
Can I Appeal a Claim?
If your workers’ compensation claim is denied, you may have the right to appeal the decision. Hiring a knowledgeable Oshkosh workers’ compensation lawyer can be very beneficial at this stage. The appeals process can be complicated and having a lawyer who understands the legal procedures of the appeals process can allow you to focus on your recovery.
Claims are often denied because:
- There was a lack of evidence to support your claim
- You do not have the current versions of workers’ compensation forms
- Forms are not fully or accurately filled out
- Your injury occurred outside the scope of your job
Your lawyer can attempt to resolve disputes about your claim by negotiating with your employer and its workers’ compensation insurer. He or she may also request a hearing before an Administrative Law Judge and represent you at the hearing, presenting a comprehensive case for why you deserve to receive benefits.
At Sigman Janssen, if you have a valid claim, we can handle the entire appeals process on your behalf so that you can put your focus on recovering from your injuries. Call our firm today at (877) 888-5201.
Important Steps to Take Following a Work Accident
It is important to know what to do before a work injury occurs. Taking the right steps may help improve your chances of receiving benefits in a timely fashion so you do not end up in a financial crisis.
If you get injured on the job, our Oshkosh workers' compensation lawyers recommend you take the following steps:
- Report your injury to your supervisor – Failing to report the injury within 30 days of it happening may result in your claim being denied. However, it is a good idea to report the injury right away because otherwise the insurance company may get suspicious. Waiting could cause your claim to be denied, with the insurance company claiming you have a preexisting condition or were hurt outside of work.
- Seek immediate medical treatment – Getting the medical attention you need is vital to your health and your work injury claim. Failure to get the right help may prolong your injuries.
- Keep track of important documentation – Although your supervisor is responsible for submitting your injury report to the insurance carrier and the Wisconsin Workers’ Compensation Division, it is best to keep copies of all documentation.
- Contact a lawyer – Having a lawyer who understands the workers’ compensation process is highly beneficial.
Our attorneys are well-versed in workers’ compensation regulations and procedures, including the kinds of injuries that are covered, employees who are covered and the types of benefits that may be available.
Common Workplace Accidents and Injuries
In 2017, 5,147 people died from a work-related injury in the U.S. A total of 971 of those deaths occurred in the construction industry.
Some of the most common types of injury accidents in the workplace include:
- Fires/explosions – Fires can happen anywhere, but fires and explosions most commonly occur in dangerous fields, such as the petroleum industry.
- Motor vehicle accidents – Workers who are required to drive, such as commercial truck drivers and those operating public transportation vehicles have a higher risk of getting into an accident.
- Lifting accidents – Lifting heavy objects can put a strain on your muscles. You may also accidently pull a muscle and this injury may prevent you from working until it heals.
- Machine malfunction incidents – In many workplaces, such as factories and construction zones, employees must work with heavy machinery. Any malfunction with this machinery can create a dangerous situation that severely injures the machine operator or those working nearby.
- Ladder or scaffolding accidents – Employees who must use ladders or scaffolding often risk falling from elevated heights, which can result in death or life-changing injury.
At Sigman Janssen, we are ready to assist you with all of your needs in the workers’ compensation process. Contact us to discuss whether you have a valid claim.
Contact Our Oshkosh Workers’ Compensation Lawyers
At Sigman, Janssen, Sewall, Pitz & Burkham, we have nearly 100 years of experience providing legal counsel to Wisconsin residents. We have helped many injured workers recover the benefits they needed to take care of themselves and their families.
To learn about your legal rights and further understand how we can assist you with your workers’ compensation claim, contact us today for your free consultation. There are no upfront fees or costs for our services. We are only paid if we obtain compensation on your behalf, through a settlement or victory in court.
Speak to an attorney at (877) 888-5201.