Waukesha Worker’s Compensation Attorney

We Fight for the Injured of Injured Workers Throughout Waukesha County

Waukesha is one of the fast-growing communities in Southern Wisconsin. Over the last three decades, the population of the city has increased by nearly 40 percent. Named for the Anglicization of the Ojibwe word, Waukesha has been referred to as the “Spring City.” This is a term dating back to its 19th-century origins as a “spa” town. Downtown Waukesha is also home to one of the stages of the annual Tour of America’s Dairyland cycling event.

Workers help make Waukesha a strong and successful community. While the workplace is supposed to be a place of productivity and professional growth, that isn’t always the case. At Gillick, Wicht, Gillick & Graf, our Waukesha worker’s compensation lawyers are experienced, results-driven advocates for clients and their families. If you or your loved one was hurt on the job in Waukesha County, please call us today for a free, no-obligation initial consultation.

A Work-Related Injury or Illness Can Disrupt Your Life

Workers around the country all face the unpleasant possibility of sustaining a work-related injury. When one is injured, the injury carries the potential of causing significant physical and financial damage, as you may be forced to spend an extended period away from work while you recover. In the worst of cases, employees who sustained injuries were incapable of returning to work due to the severity of their injuries, leaving them with few financial resources.

Work-related accidents can happen in a wide variety of different ways. Hazardous conditions in the workplace often result in serious injuries such as:

Repetitive motion injuries;
Auto accident injuries;
Musculoskeletal injuries; and
Slips, trips, and falls.

Injured on the Job in Waukesha? Know Your Rights

The injured worker is protected by Wisconsin state law, whether the injury is physical or the result of an illness or virus. Wisconsin worker’s compensation laws allow American employees of the private or public sector to make a claim for compensation. Many Waukesha citizens are unaware that they have access to worker’s compensation benefits and fail to file a claim for their work-related injury. Here are some of the most important things to know about your rights under the Wisconsin worker’s compensation laws:

You Must Get Medical Attention and Report Your Accident: It is crucial that you know how to protect your health, safety, and legal rights after a serious work-related accident. First and foremost, you have the right to professional medical attention. You should always see a doctor after suffering a work-related injury or developing a work-connected illness. If you do not see a physician, you cannot file a claim. Further, you should report your injury to your supervisor/employer. Failure to report a job-related accident within 30 days could prevent you from filing a worker’s comp claim.
Financial Support is Available Through Your Coverage: You will likely require medical attention and time off after sustaining an injury at work. While you are recovering, you will still need to provide for your daily cost of living as you incur unanticipated medical bills. Worker’s compensation laws are in place to provide you with the financial support you need during this troubling time. There is also coverage available for partial and total disability for temporary and permanent injuries in the form of disability payments.
You Must File a Claim to Get Your Benefits: When you get injured at work, you may assume that your company will pay your medical bills and you will eventually be able to return to your job. That can only happen if your worker’s compensation claim gets approved. There are many instances of companies denying claims to avoid responsibility. If this happens to you, exercise your right to legal representation by acquiring a Waukesha worker’s compensation attorney.
You Have the Right to Legal Counsel: As an injured worker, you may have more questions than answers regarding your claim. You may be unaware of how to prepare and document your claim, whether your workplace will accept your claim, and what compensation you may ultimately obtain. A quality Waukesha worker’s compensation attorney can provide you with the legal guidance and representation you need. Gillick, Wicht, Gillick & Graf have represented the injured worker since 1948 and will fight to ensure adequate compensation for your work-related injuries.

You Can Rely On Our Waukesha Worker’s Comp Attorneys for Results

It is normal to feel stressed out or confused after a serious work-related accident. There are many different issues that can arise during the worker’s comp claims process. At Gillick, Wicht, Gillick & Graf, we are here to make sure that you are in the best position to get the financial compensation that you need to support your family. Our team will get started on your case right away. Among other things, our Waukesha worker’s comp lawyers are prepared to:

Answer your questions and explain your options during a free, no-obligation consultation.
Gather supporting evidence and handle all of the workers’ comp paperwork.
Take your claim as far as needed to maximize your workers’ compensation benefits.

We have over 65 years of experience and have also recovered Social Security Disability Insurance for various injuries and disabilities. During this difficult time, you should not have to worry about your ability to pay for the damages incurred by an accident that was not your fault. Contact us today at 414-257-2667 to speak with an experienced Waukesha worker’s compensation attorney. You don’t pay us anything until we win your case.

Frequently Asked Questions About Wisconsin Worker’s Compensation

What are medical work restrictions?

Medical work restrictions are specific limitations placed on an injured worker’s job responsibilities based on their current physical or mental health condition. These restrictions take into account the type and severity of the injury and are determined by a licensed healthcare provider. Common restrictions may involve limitations on lifting weights beyond a certain threshold, standing or walking for extended periods, bending, or working in specific environmental conditions that could aggravate the injury. It’s important to note that these restrictions are not arbitrary; they are carefully evaluated to ensure a worker’s safety and facilitate the healing process.

Who determines my work restrictions?

Your treating physician, who is responsible for your care and recovery, will assess your medical condition during regular appointments. Based on their evaluation, they will outline specific work restrictions that you must adhere to as you recover. Employers are legally obligated to respect these restrictions to prevent any further injury or complications. It is essential that these restrictions be documented clearly in writing and shared with both your employer and the workers’ compensation insurer to ensure everyone is on the same page regarding your capabilities and needs during recovery.

What is “light duty” work?

Light duty work refers to modified job tasks that are specifically designed to align with your medical restrictions. This type of work might involve reduced hours or responsibilities, limiting the need for strenuous physical activity, or even reassigning you to tasks that are less demanding. Employers in Wisconsin are not only encouraged but often required to provide light duty work when it is feasible, ensuring that employees have the opportunity to remain part of the workforce during their recovery period.

Can I refuse light duty work?

You have the right to refuse a light duty work assignment if it is genuinely incompatible with your medical restrictions or if it imposes an undue burden on you. However, it is crucial to understand that if your employer offers a legitimate light duty position adhering to your specified restrictions, declining it without valid justification may impact your workers’ compensation benefits. If facing such a situation, you should seek to document your concerns with medical evidence and possibly retain legal support to advocate for your rights.

What if my employer ignores my restrictions?

Employers are legally bound to honor documented medical restrictions set forth by your healthcare provider. If you find that your employer is assigning you tasks that violate these limits, it is critical to take action. You should first report the issue to your physician to obtain further advice. Additionally, notify your workers’ compensation insurer about the violation and consider reaching out to the Wisconsin Department of Workforce Development (DWD) for further assistance. Seeking the advice and support of an attorney specializing in workers’ compensation may also be beneficial to ensure that your rights are fully protected.

How long do restrictions last?

The duration of work restrictions is contingent upon your medical progress and is determined by your healthcare provider. These restrictions will remain in effect until your doctor assesses that you have achieved maximum medical improvement (MMI) or have fully recovered from your injury. Some restrictions may only be temporary, reflecting a gradual recovery, while others might be more permanent, depending on the nature of your condition and the extent of your injuries.

Do restrictions affect my wage replacement benefits?

Yes, medical work restrictions can significantly affect your wage replacement benefits. If you return to work with adjusted hours or modified job duties that result in lower pay, you may qualify for temporary partial disability (TPD) benefits, which help compensate for the income loss. Conversely, if your injury prohibits you from working altogether, you may be eligible for temporary total disability (TTD) benefits until you receive clearance to resume either modified duties or full duties.

What if my employer doesn’t have light duty work?

In situations where your employer cannot provide a suitable light duty position that accommodates your restrictions, you are entitled to continue receiving wage replacement benefits until either a fitting role becomes available or you fully recover from your injury. Additionally, you may explore options for vocational rehabilitation services that can assist you in retraining for a different role suited to your capabilities.

Can mental health conditions lead to work restrictions?

Absolutely. Mental health conditions such as post-traumatic stress disorder (PTSD), anxiety disorders, or depression can significantly impact a worker’s ability to perform job duties effectively. If these conditions interfere with job performance, they may result in work restrictions as well. Such mental health diagnoses must be formally assessed and documented by a qualified mental health provider and are processed under Wisconsin workers’ compensation law in a manner similar to that of physical injuries. By understanding the implications and details surrounding medical work restrictions, injured workers can better navigate their recovery and rights within the Wisconsin workers’ compensation system

Call Our Waukesha, WI Worker’s Comp Lawyers for Immediate Help

At Gillick, Wicht, Gillick & Graf, our Waukesha worker’s compensation attorneys are standing by, ready to get started on your case. If you or your loved one suffered a serious injury on the job, we can help. Give us a call now at 414-257-2667 or contact one of the Waukesha worker’s compensation lawyers directly online to schedule your free consultation. We provide worker’s comp representation throughout Waukesha County, including in Waukesha, Milwaukee, Brookfield, Muskego, New Berlin, Oconomowoc, and Pewaukee.