The workers compensation insurance adjuster is not being reasonable and now I need to go to a Hearing to have a judge decide my benefits? What should I expect?

Attorney Lisa Pierobon Mays represents only Wisconsin injured workers. Every client scheduled to go to Hearing is litigated by Atty. Pierobon Mays.  Prior to the hearing, Lisa will thoroughly prepare her client for the Hearing.  She meets with them a few days prior to the hearing and works with them over several hours to get them prepared and ready to give testimony – basically telling the Administrative Law Judge with the Office of Workers Compensation Hearings the details of the injury and how it has impacted the injured worker. Attorney Pierobon Mays’ clients always feel well-prepared for a Hearing.  Lisa believes the more prepared her clients are to give testimony, the more confident they will feel at the Hearing.  Another way she prepares her client is to take the mystery out of it, here is what occurs at a Hearing.

WHERE WILL MY WORKERS COMPENSATION HEARING BE HELD?

Hearings are scheduled at various locations throughout the state of Wisconsin. In general, the geographical location for the Hearing is determined by the location of the employee’s residence, or where the injury occurred. The greatest travel convenience for the injured worker (also called the Applicant) is the priority city for the scheduling of a Hearing. The biggest city closest to such will be selected.  So, for example. an Applicant who resides in Baraboo will have their Hearing scheduled in Madison.    

After a Hearing date is set, all parties are notified by a written, blue-colored notice. The Notice of Hearing is usually mailed to the parties eight to ten weeks in advance, but hearings can be scheduled with as little as ten days’ notice in emergency cases.

WHO ATTENDS THE HEARING?

The parties required to attend the Hearing is the Applicant (injured workers), her Attorney, the Attorney (called Opposing Counsel) for the workers compensation insurance company, a representative for the insurance company or employer, if desired by them.  Also, all relevant witnesses, the Judge, and the Court Reporter.

HOW LONG DOES THE HEARING TAKE?

The Office of Worker’s Compensation Hearings schedules Hearings in 4-hour time slots, starting at 8am and finishing at Noon.  Or, starting at 1pm and finishing at 4pm.  If the parties run out of time, then a continued hearing will be scheduled, usually within a few months, as the Scheduler needs to coordinate to ensure that all parties, including the judge, are available.

WHAT DOES THE JUDGE DO AT A HEARING, WILL SHE QUESTION ME?

At Hearing, the Administrative Law Judge is actively involved and in charge of handling all the preliminaries.  The Judge is responsible for making sure that all the necessary parties are present, that the issues of the claim are mutually understood.  The Judge is responsible for protecting the record of the claim by allowing testimony and evidence to be pursued by all the parties.  Any objections to such are resolved by the Judge with a ruling on the record.  The Judge swears in all witnesses who promise to give truthful testimony. The Judge is also protective of the Court Reporter, who transcribes/stenographs testimony and marks exhibits, by making sure that she can properly hear and see the live testimony. 

Hearings are intended to be somewhat informal, and the Judge will often interrupt when the injured worker (Applicant) is giving testimony for clarification or to ask her own questions of the Applicant.  Keep in mind, the Judge wants to make a well-informed and thorough decision so anything that the Judge feels is confusing or not explored, then she will follow-up on. 

WHAT DOES IT MEAN TO GIVE TESTIMONY AND THE BURDEN OF PROOF?

At Hearing, the injured worker (Applicant) has the burden to prove that he is entitled to monetary benefits because a work injury caused lost time/wages, medical expense, and permanent disability.  Such issues are proven by the Applicant testifying as to the details of the injury such as who, what, where, when, and why details of their injury.  As to the medical questions, a physician generally does not come to the hearing to testify but instead answers a series of questions on a 2-page form approved by the State of Wisconsin Division of Hearings and Appeals. 

Applicants should be prepared to testify and know what questions are going to be asked of them on direction examination.  Simple rules should be followed by the Applicant such as always speak with audible words.  Nodding or shaking of the head to respond Yes or No is not allowed because the Court Reporter only transcribes verbal words.  Also, “Uh uh” or “Uh huh” means nothing to the Court Reporter and should never be uttered by any witness when testifying.  Other Do’s and Don’ts when testifying, tantamount to winning and losing at Hearing, are taught at Mays Law Office.  Attorney Lisa Pierobon Mays always prepares her client’s a few days before the Hearing so that they are ready and confident to give testimony at the Hearing.

WILL OPPOSING COUNSEL BE MEAN TO ME ON CROSS EXAMINATION?

Workers’ Compensation Hearings are generally amicable.  Contentious behavior at a Hearing is deemed unproductive and Judges will be protective of a witness being treated with disrespect.  However, Cross-Examination questions feel different than those on direct.  For instance, a witness who is asked, “What is the weather like outside today?” is given broad freedom to answer the question.  On Cross-Examination, the questions will not be so open-ended, instead the same question will be asked “Isn’t is true that the weather is cloudy and cold today?”  A simple is suggested in the question, that answer being a “Yes” or “No”.  Applicants often feel cornered by questions on Cross-Examination because they are unable to break free and speak their own words.  Attorney Lisa Pierobon Mays always prepares her clients for this type of questioning.  She reminds them that she always gets the last word with her client on Redirect Examination where she can circle back to any questions asked on Cross-Examination that need further detail or explanation.

CAN I BRING A FRIEND OR SPOUSE TO THE HEARING?

Absolutely Yes you can bring someone to support you at the Hearing.  Attorney Lisa Pierobon Mays encourages a supporting person come to the Hearing. A Workers Compensation Hearing can be intimidating with the presence of a Judge, Court Reporter and Opposing Counsel.  Nervous feelings are expected so Lisa tells her clients that if they are feeling nervous when giving testimony then their support person will be seated in a visible spot where they can see a friendly face supporting them. 

If your support person is also going to be a witness, then the Opposing Counsel will likely make a Motion to Sequester your witness which means that the witness needs to remain out of the Hearing room until it is time for him to give testimony.  Once the testimony is done then they can stay and watch the rest of the Hearing.   

DOES THE JUDGE DECIDE WHETHER I GET BENEFITS AT THE CONCLUSION OF THE HEARING?

No, the Administrative Law Judge has a lot to consider after the Hearing.  They like to thoroughly review all the Exhibits, read portions of the testimony transcript, and allow the parties a few weeks to follow-up on anything that was discussed but not resolved at the hearing, such as updated medical records or billing itemizations.  Once the record is closed then the Judge should have a written decision in 90 days, however this is not mandatory, just suggested.

CAN MY CLAIM SETTLE AFTER A HEARING?

Workers Compensation claims often do settle after the Hearing.  A Hearing gives both sides the opportunity to see the strengths and weaknesses of their case.  An Applicant who testifies well at Hearing and if very little damaging evidence is presented by Opposing Counsel, then it is a good sign that the claim will likely go in favor of the Applicant.  In those cases, Opposing Counsel will go back to their client, the Worker Compensation Insurance Carrier, to update and advise them of such and encourage them to reinitiate settlement discussions.  Attorney Lisa Pierobon Mays always keeps her clients updated on all settlement discussions, patiently answering all questions, and addressing all concerns that her client’s may have.

A Wisconsin injured worker should never feel forced to settle their workers compensation claim. It is their right to have a Hearing decided by an Administrative Law Judge. When hiring a Wisconsin workers compensation attorney, the injured worker needs to choose carefully who they want as their advocate. Too many attorneys want to just settle claims and move on to the next client. Attorney Lisa Pierobon Mays never stops advocating for her client.  She always keeps the client’s best interest as a priority.      

Check out what our clients have said about our representation on Google and see our perfect 5 Star Google Rating.

The general public does not view recreational vehicles (snowmobiles, ATV’s and UTV’s, etc) as they would a regular car or automobile. And in turn, the general public doesn’t consider the consequences for recreational vehicle drunk driving offenses. However, under Wisconsin law, a snowmobile meets the definition of a “motor vehicle” (i..e., engine-driven vehicle) and thus the question of whether one can be cited for a drunk driving offense (i.e., OWI or DUI) when operating a snowmobile in Wisconsin – is answered “Yes.”
Wisconsin law treats driving or operating a snowmobile while under the influence of alcohol or drugs very similar to driving or operating a motor vehicle while intoxicated. The legal – or illegal – blood alcohol concentration (BAC) limit for operating a snowmobile in Wisconsin is typically the same as for driving a car, which is 0.08%.

Who May Operate A Snowmobile In WI?

A driver’s license is not required to operate a snowmobile. However, there are restrictions based on age and birth year. No person under 12 may use a snowmobile unless accompanied by a parent or guardian or someone over 18. The statute defines “accompany” as being on the same snowmobile as the operator.

In addition, any snowmobile driver who is at least 12 years of age and born on or after January 1, 1985, may only operate a snowmobile if they hold a valid snowmobile safety certificate. If a snowmobile driver is required to have a safety certificate, they must carry proof of the certificate and display it upon request from law enforcement.

What Is The Legal Alcohol Limit On A Snowmobile?

Much like operating motor vehicles, it is illegal to:

1. Operate a snowmobile under the influence of an intoxicant “to a degree which renders the person incapable of safe snowmobile operation.”
2. Have an alcohol concentration of .08 or more when operating a snowmobile.
3. If the person is not 19, they may not operate the snowmobile with an alcohol concentration of more than 0.0 but not more than 0.08.
4. Have a detectable amount of a restricted controlled substance in their blood.

If Stopped On A Snowmobile, Do I Have To Provide A Preliminary Breath Test (PBT) Sample?

Wisconsin state law requires a person to provide a sample of their breath for a preliminary breath screening test if the officer has “probable cause to believe” the person is operating while intoxicated. The PBT is only for the purpose of confirming that the officer had probable cause to arrest. There is no penalty for refusing the preliminary breath test.

Where Can I Be Arrested For Drunk Snowmobiling In WI?

Snowmobile operators can be arrested for drunk driving on publicly or privately owned land regardless of whether a fee is charged for using that property.

On private land not designated as a snowmobile trail, it does not apply unless an accident involving injury occurs and the snowmobile was operated on the private land without the consent of the land owner.

Do I Have To Provide A Chemical Sample If Arrested For Drunk Snowmobiling?

According to Wis. Stat. §350.103, any person who operates a snowmobile on the public land highways of Wisconsin has already given (implied) consent to provide a sample of their breath, blood or urine.

Before requesting the sample, law enforcement must inform the person that:

1. They are deemed to have consented to the tests under Wis. Stat. §350.103.
2. A refusal to provide a sample is subject to the same penalties and procedures as a violation of operating while under the influence while snowmobiling.
3. Besides the test requested by the officer, the driver may have an additional chemical test.

What about an unconscious person who is incapable of withdrawing consent for a chemical test. In such a situation, Wisconsin law presumes that the person did not withdraw consent (but only if law enforcement has probable cause to believe the person was operating while intoxicated.)

What Happens If I Refuse To Provide A Sample?

The refusal to provide a sample is subject to the same penalties and procedures as a violation of operating under the influence while snowmobiling.

What Are The Penalties For Snowmobiling While Intoxicated?

A first-time offender will be fined not less than $400 nor more than $550.

A second offense with a prior snowmobile OWI (or refusal conviction) within five years of the current offense will be fined no less than $300 or more than $1,000 and imprisoned for less than five days or more than six months.

A person who, within five years before their arrest for the current violation, was convicted two or more times of a snowmobile OWI or refusal violation will be fined not less than $600 nor more than $2,000 and shall be imprisoned not less than 30 days nor more than one year in the county jail.

Any person who fails to stop at the request of law enforcement or causes injury to another while operating a snowmobile while intoxicated will be fined not less than $300 nor more than $2,000 and may be imprisoned for not less than 30 days nor more than one year in the county jail.

In addition to the penalties listed above, a conviction will result in an order by the court to submit to, and comply with, an assessment of the person’s use of alcohol or controlled substances.

Consult With Counsel

If you’ve been arrested for drunk driving on a snowmobile in Wisconsin, don’t wait to contact a competent legal defense. The experienced drunk driving defense attorneys at Mays Law Office, LLC will fight for you and help you through the legal process.

Our firm has nearly 80 years and a proven track record of success in representing our clients in all sorts of drunk driving and other criminal and workers compensation cases. Contact us today to schedule a consultation.

If you are facing a DUI charge in Wisconsin, you do not want to try to handle your case on your own. While this might seem like the best (or cheapest) option, trying to handle your case without a lawyer can end up being extremely costly. Successfully defending against a DUI charge is not easy, and getting convicted can have serious consequences. As a result, it is strongly in your best interests to seek experienced legal representation as soon as possible.

Why You Should Hire a DUI Lawyer in Wisconsin

Were you arrested for driving under the influence in Wisconsin? If so, here are 9 reasons why you should hire a lawyer to handle your DUI case:

Reason #1: You Are Facing Substantial Penalties

Regardless of whether this is your first offense or you are a repeat offender, a DUI conviction can lead to substantial penalties. For first-time offenders, potential penalties include up to a nine-month driver’s license suspension, hundreds of dollars in fines and surcharges, and mandatory installation of an ignition interlock device on your vehicle (if your BAC was 0.15% or above). If you have a prior DUI within the past 10 years, you are facing even greater penalties—including jail time.

Reason #2: You Are Also Facing Serious Collateral Consequences

Along with these penalties, a DUI conviction can have several other serious consequences. For one thing, your auto insurance rates will skyrocket for the next several years. Having a DUI conviction on your record can also make it hard to land a job; and, if you have a professional license, are a member of the military, or are a foreign citizen, you could face consequences in these areas as well.

Reason #3: You May Need to Assert Multiple Defenses to Avoid a Conviction

To successfully fight your DUI charge, you may need to assert multiple defenses in court. Prosecutors may have several forms of evidence against you, and they will be able to secure a conviction by proving that either: (i) your BAC was over the legal limit, or (ii) your driving abilities were impaired. They do not need to prove both. As a result, if you challenge the prosecution’s evidence of impairment but not your BAC (or vice versa), you will still be at risk for a conviction.

Reason #4: Your Lawyer Can Seek to Negotiate a Plea Bargain if Warranted

In some cases, negotiating a plea bargain will be your best option. However, you should not pursue a plea bargain unless you are certain that there are not better options available. While a “wet reckless” carries substantially fewer consequences than a DUI, you should not subject yourself to any consequences unnecessarily.

Reason #5: You May Have Several Defenses Available (Even if You Were Drunk)

There are several ways to fight a DUI charge in Wisconsin. If you have grounds to fight your charge, your lawyer will be able to evaluate your case and determine which defenses he or she can assert on your behalf. Based on this evaluation, you can then make an informed decision about how best to handle your case.

Reason #6: Prosecutors Win DUI Convictions All the Time

Despite the fact that there are several defenses to DUI charges in Wisconsin, prosecutors win DUI convictions all the time. Many prosecutors are extremely good at what they do; and, in many respects, the legal system is built in their favor. As a result, avoiding a conviction requires a knowledgeable and strategic approach—and this requires experienced legal representation.

Reason #7: Prosecutors May Not Be Able to Use Their Evidence Against You

Even if prosecutors have enough evidence to secure a conviction (as is often the case), they may not be able to use their evidence against you. For example, if the police stopped you without reasonable suspicion or arrested you without probable cause, this may render the prosecution’s evidence inadmissible. However, to keep the prosecution’s evidence out of court, you must be able to prove that the police violated your constitutional rights. Prosecutors aren’t going to withhold their evidence voluntarily, and it isn’t the judge’s responsibility to protect you.

Reason #8: A Wrongful Conviction or Unjust Sentence is a Very Real Possibility

Given these considerations, a wrongful conviction is a very real possibility. Additionally, even if a conviction is warranted, you could face a far greater sentence than necessary if you try to handle your case on your own. Simply put, hiring an experienced DUI lawyer is the best way to minimize the risks you are facing.

Reason #9: Hiring a Lawyer is Your Least Costly Option

While you will need to pay for your lawyer’s services, hiring a lawyer is ultimately likely to be your least costly option. If your lawyer helps you avoid fines, surcharges, or increased insurance premiums—and if your lawyer protects your driver’s license or keeps you out of jail—your legal representation will more than pay for itself.

Schedule a Free Initial Consultation with a WI DUI Lawyer Today

If you are facing a DUI charge in Wisconsin, we strongly encourage you to contact us for more information. We provide free initial consultations, and we can help you make smart decisions about your next steps. To discuss your case with an experienced WI DUI lawyer in confidence, please call 608-305-4518 or send us a message online today.

Drunk driving charges come with serious risks in Wisconsin. If you get convicted, you will be at risk for substantial penalties, and your conviction could negatively impact your life in a variety of other ways.

10 Free Resources for Individuals Facing a DUI in Wisconsin in 2024

To protect yourself, you need to make sure you are making smart decisions. There is a lot you need to know, and there are a lot of myths, misconceptions, and mistakes you need to avoid. We published several articles on fighting DUI charges in Wisconsin throughout 2023. Here are some of the key takeaways if you find yourself awaiting trial on a DUI charge in the New Year:

1. Understanding Wisconsin’s Drunk Driving Laws

The first thing to know is that there are two different types of DUI charges under Wisconsin law. You can be charged with either: (i) operating while intoxicated (OWI); or, (ii) operating with a prohibited alcohol concentration (PAC).

When you are facing an OWI charge, prosecutors must prove that your ability to drive was impaired—and they can do so without your blood alcohol concentration (BAC). Conversely, in a PAC case, the only question is whether your BAC was over the legal limit. Learn more: OWI vs. PAC: What’s the Difference in Wisconsin.

2. Understanding Wisconsin’s Implied Consent Law

Along with Wisconsin’s OWI and PAC laws, it is also important for you to know about the state’s implied consent law. This law requires you to take the breathalyzer during your traffic stop if your arresting officer asks you to do so (though some exceptions apply).

Violating Wisconsin’s implied consent law can lead to an additional charge—and you can be penalized for an implied consent violation regardless of whether you were driving under the influence. But, there are defenses available, and your defense lawyer will be able to help you fight your “DUI refusal” charge if necessary. Learn more: What is Wisconsin’s Implied Consent Law.

3. Why You Shouldn’t Ignore Your DUI in Wisconsin

It might be tempting to ignore your DUI, especially during the holiday season. But, this is a mistake that you cannot afford to make. Prosecutors will not ignore your case; and, if you don’t show up in court, they will seek (and almost certainly win) a conviction in your absence.

In fact, rather than ignoring your DUI, you should make defending against it your top priority. While this might not be fun, it is important—and you will thank yourself later. To learn more about the importance of prioritizing your DUI defense, you can read: What Happens if You Ignore Your OWI or PAC in Wisconsin?

4. The “Dos” and “Don’ts” of Facing a DUI Charge

When you have an OWI or PAC charge pending, knowing that to do and knowing what not to do are equally important. To ensure that you are making smart decisions with your future in mind, you can read: “Dos” and “Don’ts” to Protect Yourself After a Drunk Driving Arrest in Wisconsin.

5. There Are Many Mistakes You Need to Avoid

While our “’Dos’ and ‘Don’ts’” article covers some of the mistakes you need to avoid when facing a DUI charge in Wisconsin, there are many more mistakes that can leave you facing unnecessary consequences. To learn more about what not to do while your DUI case is pending, you can read: 10 Mistakes to Avoid After a DUI Arrest in Wisconsin.

6. Know Your Rights!

You have clear legal rights as a defendant in Wisconsin’s criminal justice system. You also had clear legal rights during your traffic stop and arrest. If the police violated your rights, or if prosecutors violate your rights during your DUI case, this may provide you with a defense regardless of whether you were driving under the influence. Learn more: Asserting Your Constitutional Rights in a Wisconsin OWI/PAC Case.

7. What if You Admitted to Driving Drunk?

But, what if you admitted to driving drunk on the side of the road? Even in this scenario, you could still have defenses available. This includes (but is not limited to) defenses based on violations of your legal rights. To learn why you should always fight your DUI charge, you can read: Why You Shouldn’t Plead Guilty Even If You Admitted to Driving Drunk in Wisconsin.

8. “Defenses” that Could Lead to a DUI Conviction

While you have clear legal rights, and while there are many potential defenses to OWI and PAC charges, there are also “defenses” that don’t work. If you were to try to assert one of these “defenses” in court, you would very likely find yourself facing a conviction. Learn more: 10 “Defenses” that Won’t Protect You Against a DUI Conviction in Wisconsin.

9. Protecting Yourself if You Were Charged with DUI After an Accident

DUI charges are always serious. But, they can be even more serious if you are charged with causing an accident while driving under the influence. In this scenario, you can face enhanced penalties—and you can even be charged with a felony in some cases. To find out what you need to know about facing a DUI charge after an accident, you can read: What Happens if You Get in an Accident While Driving Drunk in Wisconsin?

10. What You Need to Know if You Refused the Breathalyzer

Finally, if you weren’t aware of Wisconsin’s implied consent law when you got pulled over, you may have refused the breathalyzer. As we mentioned above, this could mean that you are facing an additional charge for a “DUI refusal.” But, how will your refusal impact your DUI case?

As we also mentioned above, prosecutors can secure an OWI conviction without your BAC. So, even if you refused the breathalyzer, you still need to be prepared to fight your drunk driving charge. To learn more about how your refusal will impact your DUI case, you can read: Can You Be Convicted of DUI in Wisconsin if You Refused the Breathalyzer?

Schedule a Free DUI Defense Consultation in Madison, WI

Are you facing a DUI charge in Wisconsin? If so, we can help. To speak with an experienced defense lawyer at Mays Law Office in confidence, call 608-257-0440 or request a free consultation online today.

I HAVE BEEN HURT AT WORK – WHAT SHOULD I DO TO PROTECT MYSELF?

You have been hurt at work, you are scared and do not know what to do or who to listen to.  Mays Law Office hears this question every single day. Attorney Lisa Pierobon Mays talks to injured workers daily – free of charge.  Every story varies but the emotions are always the same – fear, confusion, uncertainty, and even anger.  No one wakes up and thinks “Oh Boy, I sure hope I get hurt at work today.”  Accidents causing injuries at workplaces happen daily and fault, for the most part with certain legal exceptions, is not a factor in Wisconsin.  So, let’s say you slip and fall because a puddle of water was left on the floor, or you are walking too fast and miss a step running up the stairs and you blow out your knee.  In those kinds of situations, blame and fault is not a factor to be considered and not a reason to be denied workers compensation benefits.

So, what is the process once a Wisconsin worker injures himself?  The first question is whether the injury is serious enough that medical treatment is required? Obviously, any injury involving broken bones, stitches, serious pain, difficulties with mobility should be medically treated immediately.  All work injuries should be reported to the employer so that an Incident/Accident Report can be timely completed by you and your supervisor.  Work comp claims can and have been denied for failure to report them timely to the employer; by not doing so raises suspicion and puts the injured workers credibility and honesty at risk.  With such information, your employer is responsible for notifying their workers compensation insurance carrier so that a claim can be opened, an investigation started, and benefits for lost time and medical treatment paid.

Once a workers compensation claim is filed, everyone has responsibilities.  The Employer is responsible to comply with any requests for complete, truthful, and timely information made by the workers compensation carrier. The Workers Compensation Insurance Carrier is responsible to diligently investigate the claim, respond to the employer’s reporting of the claim, talk to witnesses, get a statement from the injured worker as to the details how the work injury occurred.  The insurance carrier should also be reviewing medical records and sending out medical authorizations for the injured worker to sign for the review of their relevant medical records.  All of this is necessary for the workers compensation carrier to make a timely decision to either accept or deny, in good faith, the workers compensation claim.

The Injured Worker is responsible to give true and accurate statements as to how the injury occurred to their employer, the workers compensation insurance carrier, and their doctors.  Every statement of recollection must be consistent as to date, time, details, witnesses, and pain symptoms. Any inconsistency can, and likely will, be used against the injured worker to deny the claim.  The injured worker must maintain a good relationship with their medical providers.  Meaning, do not miss doctor’s appointments.  Do not disregard your doctor’s advice, treatment, and recommendations.  Keep in mind that your doctor will not be keen to support your claim if you have been a difficult patient.  Doctors like patients that follow their treatment, listen to their recommendations, and appear to want to get better.  Maintaining integrity with your doctors is of utmost importance because your comments and behavior is being documented in your medical records with every single communication that you have with them and their medical office staff, meaning their medical assistants, nurses, and even receptionist.  Also, the injured worker must keep their employer informed of their physical restrictions and availability to work.  Don’t just do this verbally.  It should be done by phone, text, email, and in writing so that the employer does not claim that you abandoned your job by failing to communicate after the injury.

Remember, an Injured Worker must never be seen doing anything that would be considered inconsistent with their injury.  Stay away from posting on social media as pictures can be damaging and misunderstood.  For instance, an injured worker suffering from a sore knee should not be posting pictures with their volleyball club team in a competitive setting.  It is only logical to assume that an injured worker with a knee injury would not be able to play volleyball.  Likewise, keep in mind that insurance companies hire investigators to conduct surveillance so be watchful as to how you appear to others, in public and even in your own yard, garage, porch, and deck!

HOW LONG DOES IT TAKE TO GET MY WORKERS COMPENSATION BENEFITS?

If the workers compensation insurance company does not make payment of your benefit within 14 days of receiving notice of the injury, then they must notify you that they are still in the process of investigating your claim.  If the insurance company denies your claim, then they must inform you within 7 days of its decision.  If these timelines are violated, call Attorney Lisa Pierobon Mays for her guidance and potential involvement.

CAN MY EMPLOYER FIRE ME FOR GETTING HURT AT WORK?

In Wisconsin, employers are not allowed to penalize you for claiming an injury or filing a work injury.  Being terminated will not preclude 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.

CAN I CHOOSE WHAT MEDICAL DOCTOR TREATS ME?

The injured Wisconsin worker has the sole right to choose their own doctor.  If you want a second opinion, you must notify the workers compensation carrier of such.   In an emergency, the employer may arrange for your treatment until you are able to choose for yourself.  Employers and their workers compensation carriers will try to persuade you to see “the company doctor.”  Letting the employer dictate who and where you get medical treatment is never going to be in your best interest because the company doctor, employer, and insurance carrier are all sleeping in the same bed and their interests are aligned against yours.

When it comes to medical treatment, the injured worker has the right to every type of treatment which is reasonable and necessary to cure you if it is prescribed by your doctor.  This includes clinic visits, tests and imaging, therapy, hospitalizations, and prescriptions.  Reimbursement for your travel/mileage to receive such treatment is also paid to you at .51 cents a mile.  Keep receipts and provide such to the insurance adjuster assigned to your claim.

DO I HAVE TO LET THE WORKERS COMPENSATION NURSE CASE MANAGER INTO MY APPOINTMENTS?

Wisconsin workers feel that their privacy is being violated when the workers compensation nurse shows up at her medical appointment and insists on going into the examination room and participates in the medical appointment by asking questions of the doctor.   Attorney Pierobon Mays cautions every injured worker to deny such access and forbid this intrusion. All that is required of the injured worker is to sign medical authorizations that allow the nurse case manager access to the medical records and doctor.  The nurse can always request to speak to the doctor about the injured worker’s medical care and treatment.  Whether the doctor is willing to have such discussions is up to him or her.

DO I GET MY FULL SALARY FOR BEING OFF WORK DUE TO PHYSICAL RESTRICTIONS?

While in a healing phase, the Wisconsin worker gets only 2/3 of their average weekly wage up to a determined maximum rate for the year of injury.  It is 2/3 because it is tax free.  Payment is based on a 6-day work week, regardless of the number of days per week that you worked.   So, your daily payment is 1/6 of your weekly payment.  The Wisconsin Department of Workforce Development can determine, if in doubt, whether your benefit payment is accurate. Your first lost time disability (referred to as “TTD”) check should be paid to you within 14 days of your last workday due to the injury.    You can cash your check without any concern of waiving your legal rights.

DO I HAVE TO RETURN TO WORK WHEN I AM ON PHYSICAL RESTRICTIONS?

The simple answer is Yes but only if the kind of work being offered is truly accommodating within the injured workers doctor mandated physical restrictions.  The employer knows that offering an injured employee accommodating work keeps the exposure of lost time benefits low.  Moreover, good employees are an asset and every company knows that it is better to work with their employees rather than lose them.  Every employee lost is a loss to the business in terms of productiveness, efficiency, skills, profit, and morale.

If the employee refuses truly accommodating work then their lost time benefit, also known as temporary total disability will be waived.  Never refuse work.  If doubt, call Attorney Lisa Pierobon Mays so that she can review the circumstances of your claim to better advice.

THE WORKERS COMPENSATION WANTS ME TO SEE THEIR DOCTOR, CALLED AN INDEPENDENT MEDICAL EXAMINER – DO I HAVE TO GO?

Oftentimes, Attorney Lisa Pierobon Mays gets calls from an injured worker because they have been instructed that they must go see a workers compensation insurance doctor, termed “Independent Medical Examiner” or an “IME.”  Ironically, there is nothing independent about these doctors.  These doctors are hired by the workers compensation insurance companies with a bent toward denying benefits.  These doctors do not offer medical treatment.  They see the injured worker for 15-30 minutes, usually at a rented facility, ask a few questions, all in the hopes that the worker will say or do something inconsistent to give them a bit of information to use against the worker.  Like, when one injured worker told the doctor that, before the injury, he enjoyed weightlifting.  The alleged Independent Medical Examiner then used this information of weightlifting against the injured worker claiming that the injury was not caused by the lifting of the 100-pound machine which caused the worker to drop to his knees screaming in pain because he herniated a disk in his back.

The quick answer is that the injured workers does have the attend the independent medical examination, but it is essential that they call Attorney Pierobon Mays so that she can prepare 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.  Also, if time is lost from work to attend the appointment, then the carrier needs to reimburse the injured worker accordingly.

WHAT HAPPENS IF MY WORKERS COMPENSATION CLAIM IS DENIED?

If your claim is denied by the workers compensation carrier/handler then you can request a formal hearing with an administrative law judge at the Wisconsin Department of Workforce Development. An application for hearing must be completed to get this process started.  Also necessary is medical proof in the form of a document called “Practitioner Report of Injury in Lieu of Testimony” which needs to be completed properly by your treating physician, specialist, or surgeon.  In this form, your medical provider will describe your diagnosis and prognosis and give an opinion as to whether he/she agrees that such injury is work-related.  These forms can be obtained on the State website at dwd.wisconsin.gov/wc.  You can represent yourself at a hearing, however it may be best to hire an attorney as the paperwork and legal process gets complicated, confusing, and difficult to complete. Moreover, injured workers often feel overwhelmed and intimidated having to communicate with the judge and attorney representing the workers compensation carrier.  The playing field is equalized when each side has an attorney.

Mays Law Office, Attorney Lisa Pierobon Mays has been successfully representing and winning for Wisconsin injured workers for over 25 years.  She understands the workers compensation system and will pursue every single benefit for the injured worker.  Injured workers are relieved when they learn that they do not have to pay her anything upfront for her representation.  Attorney Pierobon Mays gets paid when she gets money for the injured worker.  The recovery attorney fee is 20% of such recovery, plus reimbursement for claim expenses.

WHAT DOES IT MEAN TO HAVE A PERMANENT PARTIAL DISABILITY (PPD) BENEFIT?

Once you are healed, or deemed at a healing plateau by your doctor, permanent disability will be considered.  If your injury has resulted in a permanent disability, then you will receive a monthly check, often described as PPD.  This is not paid in a lump sum but over a period of weeks/months, depending on the location of your injury.  Each part of the body has a different number of weeks assigned.  For instance, if you doctor assesses 10% permanent disability to your shoulder, this is equal to 10% of 500 weeks or 50 weeks.  Very serious injuries like those injuries to the back or head are compensated differently if it involves future wage loss.  These types of complex injuries should always involve an attorney representing the injured worker.  Attorney Lisa Pierobon Mays at Mays Law Office has handled many of these types of complex injury claims.

WHAT IF MY WORK INJURY IS SO SEVERE THAT I CANNOT RETURN TO MY OCCUPATION?

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 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.

WHEN SHOULD I HIRE A WORKERS COMPENSATION ATTORNEY?

While the Wisconsin Workers Compensation System was originally developed to relieve the injured worker from the cost of hiring an attorney, that only applies in a perfect world where the work injury claim has been fully conceded/accepted and the worker is getting ALL the benefits that he is entitled, without argument, delay, or hassle from the workers compensation insurance carrier.

Sadly, rarely does this “Perfect World” happen when a Wisconsin worker is injured.  The workers compensation insurance carrier always has an eye out looking for an opportunity to deny the claim, lessen its exposure and responsibility.  With that mindset, the insurance company looks for any reason to not pay, delay and ultimately find a reason to deny the claim.  These carriers have many tricks up their sleeves to either never pay or stop benefits.  They may claim that the injury never occurred at work, or that the injury is personal to the worker, and therefore not related to what happened on the job.  Or, they may claim that the worker did not report the injury timely, or that the factual rendition of how the injury occurred is not true.  Sometimes, the carrier just ignores the workers and does not even respond to the report of injury and just hopes that the worker will just go away.

Mays Law Office has seen and heard it all from workers compensation insurance carriers.  When hiring an workers compensation attorney, the injured worker needs to make sure that they are choosing an attorney who has years of experience representing injured workers and aggressively advocates to ensure that the worker is getting every benefit they are entitled to under the law.

Even if you are not quite ready to hire an attorney, at the very least, make a call to Mays Law Office for a free consultation to discuss with Attorney Lisa Pierobon Mays if you are being treated lawfully by the insurance company and getting every monetary benefit under the law.

I HAVE NEVER HIRED AN ATTORNEY BEFORE, WHAT SHOULD I EXPECT WHEN MEETNG WITH A WORKERS COMPENSATION ATTORNEY?

Keep in mind that every work injury is different, unique, and requires it owns customized approach.  If the timing and circumstances of your claim calls for it, then Attorney Lisa Pierobon Mays will invite you to come to her Middleton/Madison office, if convenient, to discuss your claim further.  This in-person meeting is still part of the free consultation provided by Mays Law Office.  The meeting will last about an hour and half so that all the details of your denied claim can be thoroughly discussed and documented.  At the end of this meeting, a well-developed plan will be formalized as to how your workers compensation claim will be pursued.  Attorney Pierobon Mays will detail everything that you can expect and will be involved in the injury claim EVERY STEP OF THE WAY.  Your claim will NEVER be assigned to another attorney or a paralegal.  Every email, phone call, and correspondence will involve Attorney Pierobon Mays.

Attorney Pierobon Mays has been representing Wisconsin injured workers since 1997 – that’s over 25 years of experience fighting and winning.  Attorney Lisa Pierobon Mays is not intimidated by any Wisconsin employer or workers compensation insurance carrier.  See her actual results by doing a simple Google review search.  You will see 5 Stars ratings from her actual clients who have found her effective, respected, and aggressive in achieving positive results for them.

Mays Law Office knows that suffering a work injury is scary and intimating but Attorney Lisa Pierobon Mays is only a phone call away from answering all of your questions and easing your concerns.