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Understand the benefits of workers' compensation

When you're hurt on the job, one of the things you may be entitled to is workers' compensation. Workers' compensation provides several major benefits to those who are injured in Wisconsin.

Some of the benefits you should expect if you're injured and receive workers' compensation coverage include:

  • Payment for lost wages
  • Vocational rehabilitation
  • Death benefits
  • Medical coverage

Thanks to these benefits, you shouldn't have to worry about covering the cost of a workplace injury. You should not have to pay associated medical bills or for training to get a new position. Additionally, you should have a portion of your wages paid to you, so that you can focus on recovery instead of worrying about trying to get back to work.

Are there incidents not covered by workers' compensation?

There are a few situations that may not be covered by workers' compensation. Workers' compensation covers injuries that result from a person's carelessness on the job. Some cases that might result in the denial of coverage include if:

  • The worker was intoxicated or on drugs at the time of the injury
  • The worker was not performing work-related duties or was not on the job when the injury took place
  • The worker intentionally caused the injuries to themselves

Independent contractors are not covered by workers' compensation, either, so those who are classified as such will typically have a claim denied. However, cases of misclassification are somewhat common and something to discuss with an attorney.

Can you sue your employer if you take workers' compensation benefits?

No. In fact, if you collect workers' compensation, you're giving up your right to sue your employer completely. You may not know why that matters if you are already receiving benefits. Remember, workers' compensation doesn't cover pain and suffering. If you want to seek coverage for pain and suffering, you'll need to sue instead of taking workers' compensation.

Will you receive all your wages on workers' compensation?

Not exactly. You'll receive around two-thirds of what your average wages were (up to a fixed maximum). However, despite the lower amount you'll receive, you should remember that these funds aren't taxed. You'll become eligible for wage replacement after you miss just a few days of work, so you shouldn't have too much to worry about in terms of your continuing finances and income.

Workers' compensation is a protection that you deserve when you're working. If you get hurt, make sure you get your claim approved quickly.

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We invite you to contact our office today by calling 414-727-7003 or by sending us an email to schedule a free initial consultation regarding your workers' compensation claim. We are located in Wauwatosa, Wisconsin. Our office hours are Monday through Friday from 9 a.m. to 5 p.m., and evenings and weekends by appointment. If we take on your case, we only charge fees when we obtain compensation for you.

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Paul M. Erspamer Law Offices, S.C.

Paul M. Erspamer Law Offices, S.C.
8112 West Bluemound Road
Suite 108
Wauwatosa, WI 53213

Phone: 414-727-7003
Fax: 414-727-7004
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