After a Work Injury, do not Expect a Motherly Hug from the Workers Compensation Insurance Company

After a Work Injury, do not Expect a Motherly Hug from the Workers Compensation Insurance Company

While some injured workers are treated fairly in Wisconsin, most unfortunately are not. Most injured workers are treated rudely, even with skepticism as to whether they truly were hurt. One could even ask if Adjusters are trained to belittle the Wisconsin injured worker. Dont put up with it, call Mays Law Office at (866)257-0440 for a free consultation and tips on what the workers compensation carrier won’t tell you, such as 

You are entitled to 100% reimbursement for medical mileage to/from doctor and therapy appointments

If you are getting a lost time benefit (also called TTD benefit), is the average weekly wage calculated correctly – most are not; 

You can choose your own doctor/medical provider – never treat with the “company doctor

If instructed to see an IME or socalled “Independent Medical Examinerthere is nothing “independentabout this exam. You have rights on how to handle these insurance-paid exams

Nurses assigned to attend your medical appointments do not have the automatic right to come into your exams or guide your medical treatment; 

Employers have to offer you accommodating work that meets your physical restrictions while healing from a work injury, if not then a losttime benefit needs to be paid to you for missing work; 

If your injury is severe enough to cause permanent disability and you have lost your job, or an equivalent paying job, then likely you are eligible to pursue Retraining or a loss of Earning Capacity 

Claim; 

If your injury is severe enough that it leaves you disfigured, such as a serious scar, limp, amputation then you are entitled to an additional benefit called Disfigurement

Be cautious – don’t let the workers compensation insurance carrier stall, claiming week after week that they are “investigating” your injury. Likely, if the claim takes more than two weeks to investigate then it will be denied. Call Mays Law Office immediately. Never accept a denial of your work injury without calling or Emailing Mays Law Office first, Ipmays@mayslaw.net 

When Should I Call an Attorney after I Suffer a Work Injury in Wisconsin?

When Should I Call an Attorney after I Suffer a Work Injury in Wisconsin?

At Mays Law Office, Attorney Lisa Pierobon Mays is happy to talk to you at any time during the workers compensation process. However, there are crucial moments when you absolutely need to talk to us, such as: 

Call an attorney if the employer refuses to believe that you were injured at work or refuses to file the accident claim with their workers compensation carrier; 

Call an attorney if the employer fires you for reporting a work injury

Call an attorney if two weeks passes after your work injury and you have received no benefits for either lost time from work or payment of your medical bills; 

Call an attorney before going to any doctor appointment set up by the workers compensation carrier, especially if they claim it is an Independent Medical Examination.” This is false and nothing about it is independent or fair

Call an attorney if the workers compensation doctor disagrees with your doctor and the insurance company stops paying for your medical treatment or tells you to not follow the advice of your own doctor; 

Call an attorney if you cannot work and now the workers compensation carrier is not paying you a lost time benefit

Call an attorney if the workers compensation carrier wants you to sign a document in exchange for a money settlement; 

Call an attorney if you have physical restrictions and can do some level of work but the employer refuses to allow you back and now the workers compensation carrier is not paying you a lost time benefit

Call an attorney if your injury is so severe that you have concerns that you will never be well enough to return to the same type of employment. 

Lastly, always feel welcome to call Mays Law Office at any time you have questions. At Mays Law office, you will talk to a Wisconsin attorney who concentrates their practice in representing injured workers. At Mays Law Office you will work with an attorney, not just an assistance or paralegal. Have a question, Call (608)2570440 or Toll Free (866)2570440 or E-mail Ipmays@mayslaw.net 

Here’s What You Need to Know if You Get a DUI in Wisconsin During the Holidays

Here’s What You Need to Know if You Get a DUI in Wisconsin During the Holidays

Police departments in Wisconsin ramp up their DUI enforcement efforts during the holiday season. This is traditionally a time when more people drink and drive, and the night before Thanksgiving (often referred to as “Blackout Wednesday” and “Drinksgiving”) and New Year’s Eve are among the most dangerous nights of the year to drive.

If you get a DUI in Wisconsin during the holidays, you need to make smart decisions and be very careful to avoid unnecessary consequences. Here are ten important facts you need to know about facing a DUI charge in Wisconsin:

1. You Should Not Try to Handle Your Situation on Your Own

Facing a DUI charge is a challenging and high-risk situation—and it is not a situation you should try to handle on your own. Mistakes can be incredibly costly, and you could very easily get convicted even if you have defenses available. Rather than risking your finances, your reputation, your job, and even your freedom if you caused an accident or are a repeat offender, you should seek help from an experienced Madison DUI defense lawyer.

2. You Aren’t Guilty Until You Plead Guilty or Get Proven Guilty in Court

While defending against a DUI charge in Wisconsin is not easy, it is important to keep in mind that the government has the burden of proof. This means that you aren’t guilty until either: (i) you plead guilty or (ii) you are found guilty in court. If the government’s attorneys cannot prove that you were driving under the influence (or “operating while intoxicated”), then you cannot be convicted.

3. There are Several Defenses to a Wisconsin DUI Charge

There are several potential ways to defend against a Wisconsin DUI charge. One option is to argue that the government cannot meet its burden of proof. If the judge or jury is not convinced that the government has met its burden, the judge or jury cannot render a verdict in the government’s favor.

Other options for fighting your DUI charge include asserting defenses such as:

  • Challenging your field sobriety test results
  • Challenging your breathalyzer test result
  • The “rising BAC” defense
  • Providing an alternate explanation for your appearance or driving behavior
  • Asserting your right to remain silent

4. Even if You Were Driving Drunk, You Could Have Defenses Available

While defending against a DUI charge may involve challenging the government’s evidence that you were drunk, there are also defenses that you may be able to assert even if you were drunk behind the wheel. For example, suppose the police did not have “reasonable suspicion” to pull you over or “probable cause” to arrest you. In that case, all of the government’s evidence against you may be inadmissible in court.

5. Defending Against a Wisconsin DUI Charge is Not Easy

To reiterate, while there are several potential defenses to a Wisconsin DUI charge, defending against a DUI charge is not easy. You need to know which defenses to assert, and you need to know how to assert them effectively. It would help if you were careful to avoid miscues throughout your case. As a result, it is extremely important to have an experienced Madison DUI defense lawyer on your side.

6. The Penalties for a DUI Conviction are Significant

A first-time DUI conviction carries hundreds of dollars in fines and fees in Wisconsin and a six or nine-month driver’s license suspension. If your blood alcohol concentration (BAC) were 0.15% or above, you would also be subject to mandatory installation of an ignition interlock device or participation in a 24/7 sobriety program for 12 months. If you are being charged as a repeat offender, you may be facing enhanced penalties.

7. A DUI Conviction Can Impact Your Life in Many Ways

In addition to statutory penalties, a DUI conviction can have a variety of other consequences. Your insurance rates will go up, you may find it difficult to land a job (or you may lose your current job), and you may face various other practical impacts as well. Over time, the total costs of a DUI conviction can easily climb into the thousands – or even tens of thousands – of dollars. 

8. You Should Not Make Any Assumptions about Your DUI Case

Given what you have at stake and the defenses you may have available, you should not make any assumptions about your DUI case. You need to make sound decisions based on strategic legal advice, and you need to focus on doing everything you can to avoid a conviction if at all possible.

9. You May Be Eligible to Participate in a Diversion Program

Depending on the circumstances of your Wisconsin DUI case, you may be eligible to participate in one of the state’s diversion programs. If you are able to participate in (and successfully complete) one of these programs, you can avoid having a DUI conviction on your record. While completing a diversion program requires effort, the effort will be well worth it if it helps keep your record clean.

10. You Won’t Get a Free Pass Because It’s the Holiday Season

Finally, you cannot expect a free pass because it is the holiday season. Prosecutors and judges take DUI cases very seriously, and they will not simply let you walk away. While you might be tempted to ignore your situation until the holidays are over, this is a mistake you cannot afford to make. You need to take several steps to protect yourself, and this starts with talking to a lawyer about your case right away.

Get a Free Consultation with a Madison DUI Defense Lawyer 24/7

Did you get a DUI in Wisconsin during the holiday season? We can help, but you must contact us promptly. To schedule a free and confidential consultation with a Madison DUI defense lawyer as soon as possible, call 608-257-0440 or tell us how we can reach you online now.

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