Why You Should Never Be Afraid Of Filing A Workers’ Compensation Claim

workers comp

You are working in the office in Milwaukee on Tuesday. You slip and go head over heels. As a result, you injure your back, neck, and hands. Suddenly, you cannot work for weeks. What will you do?

Your Milwaukee employer must usually have workers’ compensation insurance for workplace accidents. But many injured Milwaukeeans are leery of filing workers’ comp. They might be afraid they will get fired for filing or they do not think they will get significant compensation.

However, it would be best if you never were afraid of filing a workers’ compensation claim after a workplace injury. Learn more about filing a claim below, then speak to Milwaukee workers’ compensation lawyers Gillick, Wicht, Gillick & Graf for more information.

Workers’ Comp Does Not Mean Suing Your Employer

It is understandable – many injured workers think filing Wisconsin Workers Compensation is suing their employer. Every Wisconsin company has employees and must have workers’ comp according to state law. A claim filed after a workplace accident is against the insurance company, not your employer.

A workers’ compensation claim does not have a direct legal effect on your company. So while there is a chance their premiums could rise, it usually is not significant. The only exception is if the firm has had many workers’ compensation claims over several months or a few years.

A Workers’ Comp Claim Does Not Affect Your Job

This is an understandable but inaccurate fear. It is illegal for your company to fire you for filing workers’ compensation. If that happens, talk to a Milwaukee Workers’ comp attorney immediately. They may be able to file a lawsuit against your company for discrimination under the Americans With Disabilities Act.

Filing Will Not Affect Future Employment

Perhaps your current employer cannot fire you for filing workers’ comp, but what about when switching jobs? Will your new employer find out about the claim and avoid hiring you?

No. It is also against the law for a company to not hire you because of a past workers’ comp claim. According to the American With Disabilities Act, this is against the law.

You should be honest about why you were out of work with your new company. For example, it may have taken three months for your hands, back, and neck to heal after a fall. So, you stayed at home, collected workers’ compensation, and healed for several months. There is nothing wrong with healing from injuries caused at work. Remember, it is the employer’s responsibility to provide you with a safe workplace.

It is usually best to be honest with a new employer about your accident. You may find it best to speak about the workers’ compensation case while you are still being interviewed. Some workers let the firm find out on their own, but that can create problems and confusion. Honesty is the best policy.

Do Companies Hold Jobs For Injured Workers?

What about job security? Will your company hold your job open or give it to someone else? Wisconsin employers cannot eliminate you because of a workplace injury. Workers’ comp insurance is in place to prevent this.

If you think your employer eliminated your job while you were injured, a Milwaukee workers’ comp lawyer can help you.

Can An Employer Ask If You Have Filed Workers’ Compensation?

It is also against the law for an employer to ask if you have ever filed a claim. The ADA states there is a limit on the questions a company can ask about your disability. The employer may state job requirements that will affect your hiring likelihood. For instance, if it is a warehouse job, they can say you must be able to lift up to 50 pounds during the workday.

This question can filter out applicants who cannot meet the job requirements. However, it also can be a way to weed out people with a workplace injury recently.

It is understandable if you are concerned about filing a claim, but there are state and federal laws to keep employers in line. Do not allow the fear of filing a claim to prevent you from seeking the compensation you deserve to heal and recover.

What Does Workers’ Compensation Pay You?

If you are temporarily disabled in Wisconsin after a workplace injury, you may receive up to 2/3 of your average weekly pay before you were hurt. This amount can be up to $1,051 as of 2020. The payments for temporary disability last until you go back to work or your physician states you have gotten to maximum medical improvement.

If you are permanently partially disabled, your doctor must determine that and inform the insurance company. While the amount you receive in Wisconsin, in this case, is also 2/3, the maximum is lower than if you are temporarily disabled. The maximum amount in this case as of 2020 was only $360 per week.

You may receive total permanent disability if the injury prevents you from doing any work. Some injuries that may qualify are loss of eyes, arms, legs, and other damages. Talk to your attorney for more information when you have the case reviewed.

Contact Our Milwaukee Workers’ Comp Lawyers

Most people go through their workday without thinking about what they would do if injured on the job. How do you pay your daily living expenses and get the necessary medical care? While many injured workers file a workers’ compensation claim alone, they may get much less money than they should.

Milwaukee workers’ compensation lawyers know how to get as much money for injured workers as possible. They will negotiate aggressively with your insurance company to obtain the money you need for a full recovery.

Our Milwaukee workers’ compensation lawyers are pleased to work with injured employees in Milwaukee, Appleton, Brookfield, Fon du Lac, Green Bay, Kenosha, Madison, Manitowoc, Menomonee Falls, New Berlin, Oshkosh, and Wisconsin Rapids. Contact Gillick, Wicht, Gillick & Graf today for a free workers’ comp consultation: (414) 257-2667.

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