Remember when your 3rd grade teacher told you that there was “no such thing as a stupid question?” Well, that same cliché applies when you are wavering on whether or not to ask your Workers’ Compensation lawyer the question that is keeping you up at night. Below is a list of important questions to ask your Workers Compensation lawyer:
1) Question: Do I have to give the Workers’ Compensation insurance company a recorded statement?
Answer: No. The Wisconsin Workers’ Compensation Act does not require an injured worker to provide the insurance company with a recorded statement. In fact, we advise our clients not to provide a recorded statement as anything you say could be used against you in the future. If you have not asked yet, this is an important question to ask your Milwaukee WI Workers’ Compensation lawyer.
2) Question: My employer is harassing me and not following my restrictions. Can I quit my job?
Answer: No, we highly recommend that you do not quit your job. If you do quit your job, you may not be entitled to valuable benefits such as temporary total/partial disability (lost wages) or loss of earning capacity/retraining. Please make sure to ask this important question to your Workers’ Compensation lawyer before you quit your job.
3) Question: My employer is accommodating my temporary restrictions, but they are making me do a job that wasn’t the job I was hired for. Do I need to do it?
Answer: Yes. The Wisconsin Workers’ Compensation Act requires an injured worker to make a good faith effort at performing the job duties requested as long as that job is within the injured worker’s temporary restrictions. If you do not make a good faith effort, it may be seen by a Judge as a “quit” or voluntary resignation. If you have not asked yet, this is an important question to ask your Workers’ Compensation lawyer.
4) Question: In Workers Comp., can I get payment/benefits for pain and suffering?
Answer: No. Under the Wisconsin Worker’s Compensation Act, an injured worker cannot receive benefits for pain and suffering. Please make sure to ask this important question to your Workers’ Compensation lawyer. If he/she says that you can receive benefits for pain and suffering, he/she is incorrect and you should consider hiring different representation.
5) Question: Can I make a Workers’ Compensation claim if my injury is due to repetitive work rather than a traumatic event?
Answer: Yes. This type of claim is referred to as an “occupational claim” or “occupational exposure.” If you are having symptoms as a result of your repetitive work duties, it is highly recommended that you file a claim with your employer/Workers’ Compensation insurance company. If you have not called to see if this claim can be brought please make sure to ask this important question to a Workers’ Compensation lawyer as soon as possible.
Please note that there are many more important questions to ask your Workers’ Compensation lawyer. Remember that the only “stupid question” is the one that is not asked.
Thanks to our friends and contributors from Hickey & Turim, S.C. for their insight into workers’ compensation practice.