I’ve Suffered a Work Injury, Should I Call an Attorney?

I’ve Suffered a Work Injury, Should I Call an Attorney?

by | Jun 26, 2023 | Workers Compensation

At Mays Law Office, Attorney Lisa Pierobon Mays is always happy to talk to injured workers at any point in the workers compensation process.  However, there are crucial moments when an injured worker should absolutely call an attorney about their injury.  These moments include:

Call Attorney Pierobon Mays if your employer does not believe that you were hurt on the job or refuses to file the accident claim with their workers compensation carrier.  In those situations, Attorney Pierobon Mays will guide you on how you can file the work injury claim on your own with your employer’s workers compensation insurance carrier.  In Wisconsin, employers are required by law to inform their insurance carriers of injuries that occur on the job or because of the job.

Call Attorney Lisa Pierobon Mays if your employer or the workers compensation insurance adjuster is dictating who and where you go for medical treatment after a work injury occurs.  In Wisconsin, injured workers are allowed to choose their own medical practitioner.  Employers and the insurance carrier like to suggest where to go for treatment, but you cannot be forced to accept their recommendations.  Regardless of where you go for medical treatment, the workers compensation insurance carrier is required to pay for your medical treatment.

Call Attorney Lisa Pierobon Mays if your employer fires you for reporting a work injury.    In Wisconsin, employers are not allowed to penalize you for claiming an injury or filing a work injury.  Being terminated will not prevent the injured worker from receiving their workers compensation benefits.  The employer’s carrier will still be responsible for covering lost time benefits and medical bills.  In those situations, Attorney Pierobon Mays will advise you how to discuss the employer’s behavior with the insurance adjuster because employers who behave this badly are likely not being honest with their insurance companies about you and your work injury.

Call Attorney Lisa Pierobon Mays if two weeks have passed since your work injury was reported and you have not received lost time benefits or your medical bills are not being paid.  In Wisconsin, the workers’ compensation carrier must be diligent in investigating your claim of injury.  If more than two weeks pass without word from the carrier, then call Attorney Pierobon Mays for assistance as your claim is likely being denied.

Call Attorney Lisa Pierobon Mays if you medically cannot work and now the workers compensation carrier is not paying you a lost time benefit.  Insurance adjusters cannot deny lost time benefits without a factual or medical basis.  They must have factual or medical support from a medical doctor to not pay you your lost time benefit.  In fact, not paying you without a factual or medical basis can give rise to a penalty claim.

Call Attorney Lisa Pierobon Mays before going to any doctor appointment organized by the workers compensation carrier, often termed an “Independent Medical Examination.”  These appointments are not independent but rather adverse to you and paid for by the insurance company, hoping to get the doctor to deny your claim and deem it not work-related.  Attorney Pierobon Mays will guide you on how to behave, suggest that you take a witness, what to document, and what to say and not say at this appointment.  Also, the carrier is required to pre-pay your roundtrip mileage before, not after, the appointment.  If not, there are consequences for the insurance carrier.

Call Attorney Lisa Pierobon Mays if the workers compensation doctor disagrees with your doctor and the insurance company stops paying for your medical treatment.  When this happens, a dispute has arisen, and you need to hire a workers compensation attorney to help fight for the recovery of benefits.

Call Attorney Lisa Pierobon Mays if the workers’ compensation carrier, or their attorney, wants you to sign a document for the release of your medical information.  In Wisconsin, the Department of Workforce Development has very specific approved forms for the injured worker to sign that allows the insurance carrier to access your relevant medical information.  It is ridiculous when insurance companies want access to your dental or mental health records for a shoulder or knee injury.  Attorney Lisa Pierobon Mays will be happy to provide a copy of the appropriate release you need to sign for releasing your medical records to the workers compensation insurance.

Call Attorney Lisa Pierobon Mays if the workers compensation carrier wants you to sign a document in exchange for a money settlement.  NEVER, NEVER sign anything before talking over the specific details of your workers’ compensation claim with Mays Law Office.  Doing so, you might be waiving future workers compensation benefits.  Attorney Lisa Pierobon Mays will review the value of your claim and indicate when/if you should settle your work injury claim.

Call Attorney Lisa Pierobon Mays if you have physical restrictions from your doctor that allows you to do some level of work but the employer refuses to offer accommodating work and now the workers compensation insurance is not paying you a lost time benefit.  When this occurs, there’s some level of miscommunication between the employer and the insurance carrier, or perhaps your claim has been denied for workers compensation benefits.  Attorney Lisa Pierobon Mays will guide you on how to communicate with the carrier and get some clarity on their position.  If a denial, then it is time to hire an attorney.  Mays Law Office specializes in advocating for injured workers.

Call Attorney Lisa Pierobon Mays if your injury is so severe and you have concerns that you will never be well enough to return to the same type of employment.  Wisconsin law includes benefits that consider scenarios like this called vocational claims.  If your injury causes permanent physical restrictions that prevent you from returning to work and making the same rate of pay, then a claim for retraining or in some situations, loss of earning capacity may apply.  These are valuable but complex claims that require an attorney’s assistance.  Attorney Lisa Pierobon Mays represents only Wisconsin injured workers.

Always feel welcome to call Mays Law Office if you have questions.  Attorney Lisa Pierobon Mays is a Wisconsin attorney that concentrates her law practice on representing only injured workers.  You will work with an attorney at Mays Law Office, not a paralegal or legal assistant.  Mays Law Office has a 5.0 Star Rating from Google based on client reviews.  This is not an easy rating that Google gives out and one that we are extremely proud of because it exemplifies the lengths we go to achieve good results for our clients.

Can You Be Convicted of DUI in Wisconsin if You Refused the Breathalyzer?

Can You Be Convicted of DUI in Wisconsin if You Refused the Breathalyzer?

by | Jun 1, 2023 | DUI Defense

If the police stopped you on suspicion of drunk driving and you took the breathalyzer on the side of the road, there is a good chance that prosecutors will be able to use your blood alcohol concentration (BAC) reading against you. Unless the police violated your rights during your traffic stop or you can show that your BAC reading is invalid, prosecutors can most likely use it against you in court.

But, what if you refused the breathalyzer?

While Wisconsin’s “implied consent” law requires drivers to take the breathalyzer (provided that the police comply with the law’s requirements), some people don’t know this law exists, and some people refuse the breathalyzer for other reasons. If you refused the breathalyzer—and prosecutors don’t have your BAC to present as evidence in court—can you still be convicted of DUI?

Understanding What Happens When You Refuse the Breathalyzer During Your DUI Stop in Wisconsin

The short answer is, “Yes.” This is due to the language of Wisconsin’s DUI law. Under Section 346.63(1) of the Wisconsin Statutes, prosecutors have two ways to prove that a driver was drunk behind the wheel.

The first way prosecutors can prove a DUI case is by showing that the driver was over the legal limit. Section 346.63(1)(b) provides that:

“No person may drive or operate a motor vehicle while . . . [t]he person has a prohibited alcohol concentration.”

What does it mean to have a “prohibited alcohol concentration”? This term is defined in Section 340.01(46m) of the Wisconsin Statutes:

“Prohibited alcohol concentration” means one of the following . . . If the person has 2 or fewer prior convictions, suspensions, or revocations. . . an alcohol concentration of 0.08 or more[; or,] [i]f the person is subject to an [ignition interlock device order] or if the person has 3 or more prior convictions, suspensions or revocations . . . an alcohol concentration of more than 0.02.”

So, as you can see, a DUI charge under Section 346.63(1)(b) requires evidence of the driver’s BAC. In fact, a DUI charge under this section is based entirely on the driver’s blood alcohol concentration at the time of his or her arrest. If you are driving with a prohibited alcohol concentration (i.e., a BAC of 0.08 percent or above), this is all prosecutors need to prove that you are guilty of DUI.

Now, let’s take a look at the second way prosecutors can prove a DUI case in Wisconsin. Section 346.63(1)(a) states:

“No person may drive or operate a motor vehicle while . . . [u]nder the influence of an intoxicant . . . to a degree which renders him or her incapable of safely driving . . . .”

This form of DUI does not require evidence of the driver’s blood alcohol concentration. Under Section 346.63(1)(a), if prosecutors can show that you were drinking and that this rendered you “incapable of safely driving,” then it doesn’t matter whether your BAC was over the legal limit at the time of your arrest.

How can prosecutors prove that you were under the influence of alcohol if they don’t have your BAC from the breathalyzer? Depending on the circumstances of your case, prosecutors may be able to use a variety of forms of evidence to prove that you are guilty. For example, in many cases, prosecutors will be able to use evidence such as:

  • An open container in the vehicle
  • The driver’s admissions to the police
  • The driver’s performance on the field sobriety tests (FSTs)
  • The arresting officer’s testimony regarding the driver’s behavior or appearance
  • Dash camera or traffic camera footage

Again, these are just examples. Since prosecutors don’t need your BAC to prove that you were driving drunk, even if you refused the breath test, it is still extremely important that you discuss your case with an experienced DUI defense lawyer as soon as possible. If prosecutors have other evidence against you, they may still be able to secure a conviction—and, if so, you are still at risk for substantial penalties.

What Are the Consequences of Refusing a Breath Test in Wisconsin?

Since prosecutors can prove a DUI case regardless of whether they have the driver’s BAC reading, does it really matter whether you refused the breathalyzer during your DUI stop? One again, the short answer is, “Yes.” There are two very important reasons why:

1. “Implied Consent” Violations Carry Substantial Penalties in Wisconsin

First, “implied consent” violations carry substantial penalties under Wisconsin law. Since this violation relates to your breathalyzer refusal—not your actions behind the wheel—you can face these penalties regardless of whether you were driving drunk. In Wisconsin, the penalties for first-time “implied consent” violations include:

  • A 12-month driver’s license suspension
  • A 30-day waiting period before you can apply for an occupational license
  • Mandatory installation of an ignition interlock device for 12 months

2. Prosecutors Can Use Your Refusal Against You in Your DUI Case

Second, while prosecutors won’t be able to rely on your BAC if you refused the breathalyzer, they will be able to rely on your refusal. Under Wisconsin’s “implied consent” law, refusing the breathalyzer creates an inference that you knew you were driving drunk. While it may be possible to overcome this inference by arguing that you refused the test for other reasons (i.e., you didn’t understand the test was mandatory or you were worried about a “false positive”), there are never any guarantees in court.

Discuss Your Case with an Experienced Wisconsin DUI Defense Lawyer in Madison

If you are facing a DUI charge in Wisconsin after refusing the breathalyzer during your traffic stop, it is important that you discuss your case with an experienced defense lawyer as soon as possible. We offer free initial consultations, and we can explain everything you need to know about fighting your DUI (and your “implied consent” violation). To speak with a Wisconsin DUI defense lawyer in Madison as soon as possible, call 608-257-0440 or tell us how we can reach you online now.

CALL NOW