Workers Compensation Third-party Claims
Workers Compensation Third-party Claims – An injured employee who sustains injuries during the course of his or her employment cannot sue his or her employer. In the State of Wisconsin, an injured employee’s exclusive remedy against the employer is Workers Compensation. https://docs.legis.wisconsin.gov/statutes/statutes/102/03
Workers Compensation Third-party Claims are claims arising by virtue of injuries sustained during the course of an employee’s employment. Workers Compensation Claim in Milwaukee are governed by State Statute and overseen by the State of Wisconsin.
Q: Do I have to pay you upfront before taking my Workers Compensation Third-party Claims ?
A: No. Workers Compensation Fees are controlled by the Wisconsin Statutes and, how much we get paid depends upon how much we collect for and on your behalf or what is awarded during a Workers Compensation Hearing by the Administrative Law Judge.
Q: Who do I call when injured at work or in the course of my employment?
A: Immediately seek treatment for your injuries after notifying your immediate supervisor. Make sure that your supervisor or officer in charge knows about the accident and the circumstances are well documented including taking pictures, maintaining safe custody of the offending source if the cause of the accident is something that may disappear over the course of time. As soon as you are able to file your Workers Compensation Claim with your employer, you MUST do so immediately by requesting the necessary forms from your employer.
Q: What if the accident was caused by a negligent person that is not employed by my employer?
A: Workers Compensation Third-party Claim When your accident and injuries are caused by a Third-party, your claim is referred to as a Third-party Workers Compensation Claim. If injured by a Third-party, you have the right to sue that Third-party for your work injuries and, you are eligible to claim and be paid damages beyond what Wisconsin Workers Compensation Benefits permit. Pain and Suffering, Mental Anguish and Loss of Society and Companionship are some of the damage claims you the employee may claim.
Q: Do I have to reimburse my employer for money recovered from Third-parties as a result of my work related injuries arising from the negligence of Third-parties?
A: Yes. If your employer’s Workers Compensation Insurance Company or employer paid you benefits following your work injuries, they are entitled to reimbursement for what they paid which is usually your doctor or medical bills and disability benefits.
Q: How much would I owe you after you collect compensation for my work related injuries for a Third-party Claim?
A: Workers Compensation Third-party Claims Milwaukee The State of Wisconsin under Chapter 102.29 of the Wisconsin Statutes provides a formula for the disbursement of funds collected on behalf of a Wisconsin injured employee whose injuries were caused by the Negligence of a Third-party. 1/3 of the amount collected goes to the attorney as a cost of collection, 1/3 of the balance goes to the injured worker and, the balance is paid to the worker’s compensation insurer as:
1/3 of the amount collected goes to the attorney as a cost of collection, 1/3 of the balance goes to the injured worker and, the balance is paid to the worker’s compensation insurer as reimbursement, but only up to the amount it has paid. The balance if any, goes and belongs to you, the injured employee. https://dwd.wisconsin.gov/dwd/forms/wkc/pdf/wkc_170.pdf
[x_blockquote cite=”” type=”left”] If you or a loved one is injured at work or during the course of your employment, call the Accident & Personal Injury Law Firm of Emmanuel L. Muwonge & Associates, LLC at (414)933-4144 [/x_blockquote]
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