An injury at work can have far-reaching consequences. Besides the obvious potential loss of income and the pain of an injury, there are other factors to consider. One of the biggest is how to handle returning to work.
Given the access to quality medical care and the choice of physicians, injured workers in Wisconsin return to work faster than virtually every state in the country.
Delivery drivers, both commercial and freight, subject themselves to serious injury on the roadway. Alongside you, drunk and distracted drivers infiltrate state highways and residential roads. Though you obey traffic laws, other drivers may hit you, injuring you while you're on the job.
In Wisconsin, if another driver injures you while you perform your job duties, you may be eligible for workers' compensation while you're unable to work--including payment of lost time benefits and medical treatment expenses. Importantly, you can pursue a worker's compensation at the same time as a personal injury action against the faulty driver.
Since filing your workers' compensation claim six months ago, you've been diligent about attending every required medical appointment to treat your injury. While the treatment has helped thus far, your doctors say that more visits will be necessary to ensure a full recovery. Your employer's insurance company, however, wants you to get a second opinion. They have scheduled an Independent Medical Examination (IME) performed by a doctor of their choice, of which you are told your attendance is required.
When workers receive notice of an IME, they often have many questions. Here are some answers to frequently asked questions regarding IMEs to give you a better understanding of the process.
The steps you take in the days and weeks following a work-related injury can greatly impact your workers' compensation claim. Without adhering to proper procedures, your claim may be denied, your benefits could be delayed or your injury may worsen if you don't take proper care.
What should you do if you've been injured on the job?
Seasonal work like construction is picking up as the Wisconsin spring slowly arrives. Road work, sidewalk and median maintenance, and new building construction will soon be underway throughout the area.
Given the physical nature of the job and the heavy machinery used, construction is one of the state's most dangerous jobs. Nationwide statistics highlight this danger all too well. In 2016, 991 private industry construction workers died on the job--21.1 percent of total workplace fatalities in the country that year (the most recent year with statistics available). Put in simpler terms, one of every five workplace deaths was from a construction accident.
Wisconsin's workers' compensation laws can be difficult to understand. If you've been hurt in the course of employment, however, confusion about the benefits you're entitled to receive can only serve to aggravate your injury. With that in mind, here are answers to five of the most commonly asked questions following an on-the-job injury in Wisconsin.
1. What benefits are available to me if I'm hurt while on the job?
If you were hurt at work, you may think filing a workers' compensation claim is your only option. In most situations, a work comp claim is the only recourse - paying lost time benefits, medical bills and potentially permanent disability or vocational benefits. That means no damages for pain and suffering or the impact on your family.
However, in certain situations filing a personal injury lawsuit is also a viable course of action!
You may already be aware that workers' compensation covers most injuries and certain health conditions you sustain on the job. However, you might find yourself wondering if cardiac disease and strokes qualify.
Many employers and the medical community are aware of how taxing toxic work environments and stress are on employee health. They are also aware that heart disease and heart attacks can occur from other causes that have nothing to do with work.
Even when you have the proper training, there are many occupations that come with inherent risks. After all, accidents happen in virtually any employment setting. If you sustain an injury on the job, you may be eligible for workers' compensation benefits. Depending upon the factors surrounding the injury or illness, you may also be able to file a third-party claim against a non-employer. Specifically, if someone/something outside of your employer or coworker was responsible for your injury, you may explore a third-party personal injury lawsuit.
In order to file your claim successfully, you must understand all that it entails. There are a few different types of third-party claims you may file.
For certain individuals who are unable to work, there is assistance available. If you are eligible for workers' compensation benefits, you may also be able to receive Social Security Disability Insurance (SSDI).
Some people may have the false notion that utilizing both benefits will result in "double-dipping." However, the benefits generally are separate from each other, and those individuals who receive both may do so in most instances.
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