If you have been injured on the job in Wisconsin, filing a successful workers’ compensation claim could be critical for avoiding financial strain during (and after) your recovery. While your medical bills and lost wages will add up quickly, if you are eligible to file for workers’ compensation, you can seek coverage for these costs—both now and in the future.

With this in mind, is it okay to try to handle your workers’ compensation claim on your own? Or, do you need to hire a lawyer to represent you?

You Will Want to Have an Experienced Workers’ Compensation Lawyer on Your Side

Technically, it is fine to try to handle your workers’ compensation claim on your own. You are not required to hire a lawyer to represent you, and you are well within your rights to try to navigate the process yourself. Many injured workers take this approach—typically because: (i) they have concerns about the costs of hiring a lawyer; or, (ii) they don’t realize that they can engage legal representation.

Unfortunately, many of these injured workers also end up with far less than they deserve.

These workers often also have an unfortunate misunderstanding of the costs of hiring a workers’ compensation lawyer. When you have a workers’ compensation claim, it does not cost you anything out-of-pocket to hire a lawyer. Workers’ compensation lawyers represent their clients on a contingency-fee basis, which means that their legal fees (if any) are calculated as a percentage of any disputed benefits they help their clients recover.

As a result, not only does hiring a lawyer cost you nothing out-of-pocket; but, even taking your lawyer’s contingency fees into account, you may still be able to collect more with an experienced lawyer on your side.

Let’s take a look at some of the ways an experienced workers’ compensation lawyer can help you:

• Making Sure You Are Eligible to File for Workers’ Compensation – Before you put the effort into filing a workers’ compensation claim, you first need to make sure you are eligible to do so. While most workers in Wisconsin are eligible to file, there are exceptions; and, if you aren’t eligible to file, you will need to explore your other options.
• Making Sure You Seek the Full Benefits You Deserve – When you have a workers’ compensation claim, it is up to you to make sure you are seeking the full benefits you deserve. If you don’t know how much you are entitled to recover (or don’t know how long you are entitled to receive payment), you won’t know if you are being treated fairly.
• Dealing with Your Employer and Its Insurance Company for You – When you file a workers’ compensation claim in Wisconsin, seeking the benefits you deserve generally involves dealing with your employer or its insurance company (or both). Your lawyer can deal with these companies for you to help ensure that they do not take advantage of you.
• Negotiating a Lump Sum Settlement (if Warranted) – If you are entitled to disability benefits for your on-the-job injury, it may be in your best interests to seek a lump sum settlement. Your lawyer can tell you if seeking a lump sum settlement makes sense in your case—and, if it does, your lawyer can negotiate for a favorable settlement on your behalf.
• Challenging a Wrongful Denial (if Necessary) – Even if you are clearly entitled to workers’ compensation benefits, this doesn’t necessarily mean that you will receive the benefits you deserve. If your employer or its insurance company wrongfully denies your claim, your lawyer can document the issues with your denial and file an appeal on your behalf.

Now, let’s say you don’t hire a lawyer to help you with your workers’ compensation claim. What can go wrong? If you try to handle your workers’ compensation claim on your own, some of the potential risks include:  

• You will make mistakes that lead to delays, deductions, or denials.
• You won’t know if you are receiving the full benefits you deserve.
• You won’t be able to secure a favorable lump-sum settlement.
• Your employer’s insurance company will try to take advantage of you.
• You won’t be prepared to deal with wrongful delays or denials effectively.

These are just examples. To be clear, your lawyer cannot guarantee a favorable lump sum settlement, nor can your lawyer prevent your employer’s insurance company from acting in bad faith. But, with an experienced lawyer on your side, you can be confident that you are making informed decisions about your workers’ compensation claim, and you are far less likely to encounter unnecessary issues during the claims process.

What to Expect When You Hire a Lawyer to Represent You

If you hire a workers’ compensation lawyer to represent you, what can you expect from your legal representation?

1. No Out-of-Pocket Costs and Contingency-Fee Representation

As we discussed above, you should not have to pay anything out-of-pocket for your legal representation in this scenario. Not only that, but you should not have to pay anything unless your lawyer helps you collect benefits that were in dispute.

2. A Commitment to Your Best Interests

Unlike your employer and its insurance company, your lawyer will have your best interests in mind. You can expect your lawyer to provide legal advice and representation focused on helping you recover the benefits you deserve as efficiently as possible.

3. The Help You Need to Fight for the Full Benefits You Deserve

Even though workers’ compensation is a “no fault” system in Wisconsin, injured workers are frequently forced to fight for their legal rights. When you hire an experienced workers’ compensation lawyer, you can rely on your lawyer to fight on your behalf while you focus on your physical recovery.

Schedule a Free Initial Consultation with a Madison Workers’ Compensation Lawyer Today

Are you thinking about trying to handle your workers’ compensation claim on your own? If so, we strongly encourage you to contact us for a free consultation before you do so. To discuss your claim with an experienced Madison workers’ compensation lawyer in confidence, call 608-305-4518 or tell us how we can reach you online today.

If you’ve been injured on the job in Wisconsin, you may be entitled to workers’ compensation benefits. Workers’ compensation is a “no fault” system (meaning that you do not need to prove your employer is responsible for your injury), and nearly all employers are required to provide workers’ compensation coverage under Wisconsin law.

But if you’ve been injured on the job, simply knowing if you are entitled to benefits isn’t enough. You also need to know how much you are entitled to recover. This starts with understanding the types of workers’ compensation benefits that are available.

Types of Workers’ Compensation Benefits in Wisconsin

In Wisconsin, workers’ compensation benefits broadly fall into three main categories. These are: (i) medical benefits; (ii) disability benefits; and, (iii) vocational rehabilitation benefits.

1. Medical Benefits

Medical benefits cover the “reasonable and necessary” costs of treating an on-the-job injury. If you qualify for workers’ compensation, you are eligible to receive medical benefits from the day you get injured on the job.

Unlike many other states, Wisconsin allows injured workers to choose their doctors. As long as you choose a doctor who accepts workers’ compensation, you can see any doctor you prefer. With that said, workers’ compensation insurance companies will often dispute whether treatment qualifies as “reasonable and necessary,” and this is just one of several potential issues that can require experienced legal representation.

2. Disability Benefits

Disability benefits cover a portion of your lost wages when you are unable to work due to a job-related injury. Disability benefits can be either “partial” or “total,” and they can be either “temporary” or “permanent”:

• Temporary Partial Disability (TPD) – Temporary partial disability (TPD) benefits help cover the difference between your normal earnings and your reduced earnings if you are only able to work limited hours or in a limited capacity.
• Temporary Total Disability (TTD) – Temporary total disability (TTD) benefits help cover your loss of income if you need to take time off from work during your treatment and recovery.
• Permanent Partial Disability (PPD) – Permanent partial disability (PPD) benefits help cover the difference between your previous earnings and your new reduced earnings if you need to transition to working part-time or take a lower-paying job.
• Permanent Total Disability (PTD) – Permanent total disability (PTD) benefits help cover your loss of income if you are never able to return to work as a result of your on-the-job injury.

Unlike medical benefits, disability benefits do not begin right away. You are only eligible to receive disability benefits if you miss four or more days of work. If you miss less than a week of work, the first three days you missed are not compensable. However, if you miss more than a week of work, you are entitled to retroactive payment for the first three days.

Temporary disability benefits are calculated based on your weekly wage, while permanent disability benefits are calculated based on the nature and severity of your disability. Here too, the insurance companies will often try to avoid paying the full benefits injured workers are entitled to receive, and an experienced workers’ compensation lawyer will be able to help make sure you receive the full benefits you deserve.

3. Vocational Rehabilitation Benefits

Vocational rehabilitation benefits are additional benefits that are available to injured employees who need help getting back to work. These are not financial benefits, but instead are services that you can receive to help you find new employment if necessary. More information is available in the Wisconsin Department of Workforce Development’s (DWD) pamphlet, Getting Back to Work.

What If I Have Lost a Loved One?

If you have lost your spouse or another family member in a fatal workplace accident, you may be entitled to death benefits through Wisconsin’s workers’ compensation system. Death benefits cover eligible family members’ burial expenses and the loss of income resulting from their loved one’s untimely death. If you need to know more about filing a claim for death benefits, we strongly encourage you to speak with one of our experienced workers’ compensation lawyers right away.

Important: Filing a Workers’ Compensation Claim May Not Be Your Only Option

In addition to knowing what workers’ compensation benefits you are entitled to receive, it is important to know if you are entitled to receive any other benefits (or any other forms of financial compensation) as well. For example, depending on your individual circumstances, you could have a claim for one or more of the following:

• Unemployment Benefits – As the Wisconsin DWD explains in its Getting Back to Work pamphlet, “If your worker’s compensation benefits are suspended during your job search and/or retraining period, you may be eligible for unemployment benefits.”
• Social Security Benefits – Individuals who are unable to work due to job-related injuries may also be eligible for Social Security benefits. In many cases, eligible individuals can collect workers’ compensation benefits and Social Security benefits at the same time, though collecting  Social Security may limit the workers’ compensation benefits you are eligible to receive.
• Personal Injury (or Wrongful Death) Compensation – Injured workers will also have grounds to file a personal injury claim in some cases. While injured workers generally can’t sue their employers (though there are exceptions), they can sue other companies that are responsible for their injuries. In appropriate cases, grieving family members can file wrongful death claims as well.

Due to the complexity of protecting your legal rights after a job-related injury, it is important to have an experienced lawyer on your side. At Mays Law Office, we handle all job-related injury cases at no out-of-pocket cost to our clients.

Discuss Your Legal Rights with an Experienced Madison, WI Workers’ Compensation Lawyer for Free

Do you need to know more about protecting your legal rights after a job-related injury in Wisconsin? If so, we strongly encourage you to contact us right away. To speak with an experienced Madison workers’ compensation lawyer in confidence as soon as possible, call us at 608-305-4518 or request a free consultation online today.

Operating a motor vehicle while under the influence of an intoxicant is a serious offense that can have serious penalties and other consequences. In most states, a first offense is a crime (usually a misdemeanor). In Wisconsin, a first offense is not a crime, but a civil traffic forfeiture. Nonetheless, even a first offense in Wisconsin has penalties and consequences that only make subsequent OWI’s in Wisconsin more harsh. A second offense OWI in Wisconsin is a misdemeanor (if committed within 10 years of the prior, first offense). A third offense – no matter when it occurs relative to the first offense – is a misdemeanor.

But what happens when an OWI charge goes from being a misdemeanor to becoming a felony? Understanding the difference between these two classifications – a misdemeanor and a felony – and their accompanying penalties, can help you prepare for your case and what you will face as the potential penalties.

Misdemeanor vs. Felony OWI’s

As stated, in most states, a first and second OWI is classified as a misdemeanor. However, certain factors, if present – such as causing an injury or death, having certain prior convictions, or having an extremely high blood alcohol level (BAC), then it could be elevated to a felony. The classification of the offense depends on state laws and other individual circumstances.

Factors That Can Elevate a Misdemeanor OWI to a Felony

Several factors could cause a misdemeanor to be elevated to a felony, including repeat offenses, excessive speeding or reckless driving, driving with a suspended license, causing severe bodily harm or death while driving under the influence, and having children in the car at the time of the arrest. These aggravating factors can result in harsher penalties and longer jail sentences.

Penalties for Felony OWI Convictions

The penalties for felony OWI’s can vary depending on the jurisdiction and other individual circumstances. Generally, however, they often involve higher monetary fines and substantially longer jail sentences – up to and including a possible prison sentence – than those in misdemeanor OWI’s. Many states require mandatory rehabilitation programs or AODA (Alcohol and Other Drug Abuse) programs as part of a sentencing.

The penalties for an OWI conviction can be severe.

In Wisconsin, for a 1st offense, a person faces driver’s license loss of up to 9 months and a monetary forfeiture of up to $300, plus court costs. AND, if a first-time offender’s BAC is over the .15 thresh hold, an Ignition Interlock Device (llD) will be ordered for 12 months.

On a 2nd offense, which is a criminal misdemeanor, a person faces a mandatory minimum of 5 days in jail and up to 6 months; a revocation of their driver’s license for a minimum of 12 months and a maximum of 18 months; and a mandatory minimum fine of $350, plus court costs and a maximum of $1,100 plus costs. There is also an llD requirement, usually for the length of the revocation ordered.

On a 3rd offense, again a criminal misdemeanor, a person faces a mandatory minimum of 45 days in jail and a maximum of one (1) year; a mandatory minimum 24-month revocation of driving privileges and a maximum of 36 months; and mandatory minimum fine of $600, plus court costs and a maximum of $2,000 plus costs. Again, there is an llD requirement.

The 4th offense in Wisconsin is a felony and a person faces a possible prison sentence. There is a mandatory minimum of 60 days jail up to a possible six (6) years in prison. There is a mandatory minimum fine of $600 plus costs up to $10,000. And there is a statutory revocation period of 24-36 months.

*And now in Wisconsin, the Department of Transportation (DOT) will impose a lifetime driver’s license revocation for any 4th offense OWI that occurs within 15 years of the previous OWI conviction. (Courts and judges are only allowed to impose the statutory maximum DL revocation of 36 months. But, regardless of any judicial revocation imposed, if within 15 years of the most recent prior conviction, DOT will administratively revoke for life).

And, with any level of OWI conviction (from a first offense through any higher number of offense) there will be court ordered Alcohol and Other Drug Abuse (AODA) assessment ordered. And, if not completed by the person convicted, that will be a bar to ever reinstating one’s regular driving privileges.

In addition, an OWI conviction can have long-term implications, such as increased insurance rates, difficulty finding employment, and difficulty obtaining a loan.

Fifth offense and higher OWI convictions require a mandatory prison sentence consisting of, on a 5th or 6th offense, a presumptive minimum 18-month period of incarceration followed by a period of extended supervision (formerly known as “parole.”) A 7th offense or higher requires a presumptive minimum of three (3) years of incarceration in prison.

Defenses in Elevated OWI’s

If you are facing a higher-level OWI charge, including a possible felony OWI charge, defenses may still be available. This is where a highly skilled, and specially trained OWI defense attorney can be of help. At Mays law Office, LLC we are highly skilled and specially trained OWI attorneys. We can help identify necessary defenses and argue them in court on your behalf. These defenses may involve challenging evidence obtained during an unlawful stop, detention or arrest or search or seizure or arguing that law enforcement did other things improperly or illegally in violation of your rights.

If you are charged with any OWI or any other traffic related or criminal charge throughout the entire State of Wisconsin, Mays Law Office, LLC is available to help. Our experienced firm, consisting of attorneys with a combined 80 +years of experience, understand the nuances of these laws and are here to protect your rights and secure the best possible outcome for your case.

Contact us at (608) 257-0440 to discuss your case, your legal options and take the steps needed to regain your liberty and freedom.

If you have been injured or fallen ill on the job in Wisconsin, you will want to talk to a workers’ compensation lawyer promptly. There are many ways a workers’ compensation lawyer can help you in this scenario; and, if you have a claim, there are many benefits to putting an experienced lawyer on your side.

When you hire a lawyer to represent you, you are entitled to certain expectations. Knowing what to expect can help you make an informed decision about hiring a lawyer, and it can also help you feel more comfortable and confident moving forward.

What to Expect When You Hire a Lawyer to Handle Your Workers’ Compensation Claim in Wisconsin

So, what can (and should) you expect from your workers’ compensation lawyer? Here are 10 things you can expect when you hire an experienced lawyer to handle your workers’ compensation claim in Wisconsin:

1. A Free, No-Obligation Consultation

The first thing you can expect is a free, no-obligation consultation. When you contact a law firm that handles workers’ compensation claims, the firm should work with you to schedule an appointment as soon as possible. Taking action promptly can be important for protecting your legal rights, so you will want to talk to a lawyer about your claim for benefits as soon as possible.

2. No Out-of-Pocket Cost Legal Representation

Along with providing a free initial consultation, your workers’ compensation lawyer will also provide no out-of-pocket cost legal representation. This means you pay nothing unless your lawyer helps you secure the benefits you deserve. If your lawyer helps you collect disability benefits for your work-related injury or illness, your legal fees will be calculated as a percentage of the benefits your lawyer helps you recover. Since your lawyer only gets paid if your claim is successful, your lawyer has an even greater incentive to provide effective legal representation.

3. A Clear Explanation of Your Legal Rights

Throughout your workers’ compensation claim, you can expect your lawyer to clearly explain your legal rights. This includes (but is not limited to) your rights regarding:

• Your choice of healthcare providers
• The benefits you are entitled to receive
• How your employer (or its insurance company) handles your claim

Understanding your legal rights is important because it will help you make informed decisions throughout the process. If you don’t know your rights, you could make mistakes that prevent you from collecting the full benefits you deserve.

4. A Clear Understanding of the Benefits You Are Entitled to Receive

Speaking of the benefits you deserve, you can also expect your lawyer to clearly explain the medical and disability benefits you are entitled to receive for your work-related injury or illness. This includes not only explaining the types of benefits you are entitled to receive, but also how much you are entitled to receive and for how long. These are all key pieces of information you need to ensure that you do not give up on your claim or settle your claim too soon.

5. Commitment to Your Best Interests

When you hire a lawyer to handle your workers’ compensation claim, you can expect your lawyer to be fully committed to your best interests. An experienced workers’ compensation lawyer will understand what it is like to be in your situation, and will want to help you effectively assert your legal rights by all means available.

Not only will your lawyer have a financial interest in helping you collect the benefits you deserve, but your lawyer will have an ethical responsibility to put your best interests first as well. Additionally, many workers’ compensation lawyers (including ours) do what they do because they are truly passionate about helping people in your shoes.

6. The Advice You Need to Protect Yourself

Even though workers’ compensation is a no-fault system in Wisconsin, collecting the benefits you deserve won’t be easy. Employers and their insurance companies routinely dispute injured and sick workers’ claims for benefits. To collect the benefits you deserve, you will need to be very careful to protect yourself. You can expect your lawyer to provide the advice you need.

7. Direct Communication on Your Behalf

You can also expect your lawyer to communicate directly with your employer and its insurance company on your behalf. When you have a workers’ compensation claim, effective communication is vital. Relying on his or her experience, your lawyer will be able to present the evidence needed to establish your right for benefits, deal with any issues that arise, and negotiate for a fair settlement while you focus on getting better.

8. Representation Throughout the Workers’ Compensation Claim Process

From filing your workers’ compensation claim to negotiating a settlement or filing an appeal if necessary, your lawyer will provide representation throughout the workers’ compensation claim process. You will be able to rely on your lawyer’s advice and representation every step of the way, and you will be able to feel confident that your claim is being handled effectively.

9. Advice Regarding When (and If) to Settle

For many injured and sick workers, negotiating a settlement is the best-case scenario. If it makes sense to try to settle your workers’ compensation claim, your lawyer will negotiate for a fair settlement on your behalf. If a settlement offer is on the table, your lawyer will also help you make an informed decision about whether to accept the offer based on whether it provides adequate compensation for the costs of your work-related injury or illness.

10. Assistance with Any Other Claims You May Have

Finally, you can expect your lawyer to provide assistance with any other claims you may have as well. For example, injured workers will also have grounds to file a personal injury claim in some cases. If you have a claim outside of workers’ compensation, your lawyer can assist you with seeking any additional compensation to which you are legally entitled.

Schedule a Free Consultation with a Madison Workers’ Compensation Lawyer at Mays Law Office

Are you interested in speaking with a Madison workers’ compensation lawyer? If so, we invite you to get in touch. Give us a call at 608-305-4518 or contact us online to schedule a free consultation today.

Attorney Lisa Pierobon Mays shares some practical tips on what To Do immediately after a workplace injury to protect your health and your legal rights. Workplace injuries happen fast!  How you respond the hours and days afterward can affect your health, job, and financial future for years to come. Whether you slipped on a wet floor, strained your back lifting equipment, or developed a repetitive stress injury over time, it’s critical that you take the right steps from the start As an established Wisconsin workers compensation attorney of more than two decades, I see too many good people get denied benefits because they did not know how to properly document their injury. That’s why I created this Injury Report Checklist for Wisconsin Workers.  It is a a practical tool that helps you stay organized and avoid common pitfalls.

Why Reporting Matters in Wisconsin Workers Compensation Claims

Under Wisconsin law, workers compensation provides benefits to employees who suffer job-related injuries or illnesses. But it’s not automatic. You must report your injury to your employer and take specific steps to qualify. Failing to report your injury quickly or documenting it poorly will lead to delays, denials, or even permanent loss of benefits. Common consequences of failing to properly report an injury:

• Employer denies claim due to “lack of notice”
• Delay in receiving medical treatment
• Lost wage replacement denied or underpaid
• Insurer claims injury happened outside of work
• Disputes arise over pre-existing conditions

This Checklist walks you through each step so that your injury is documented properly and your rights are protected.

Mays Law Injury Report Checklist

1. Immediate Actions After the Injury
   • Stop working immediately
   • Notify a supervisor or manager in writing as soon as possible (Even a text or email counts as written notice.)
   • Ask for an Incident Report form and fill it out in detail – get a copy of the completed Report or take a picture of it on your phone
   • Request medical attention right away—don’t take a “wait and see” approach to treatment
2. When Documenting the Scene
   • Take photos of the location where you were injured
   • Take pictures of the body part that was injured, if feasible
   • Take pictures of any hazards (e.g., spill, broken equipment)
   • Identify and write down names of any witnesses and their contact information
   • Send a text or voice message to a loved one explaining the injury for documentation purposes
   • Save all emails or texts you send about the incident
3. Medical Treatment
   • Tell the doctor it was a work injury, THIS IS CRUCIAL!
   • Provide a full history, including how the injury happened and when symptoms began
   • Ask for a written work status report after every visit
   • Do not miss any medical appointments
   • Be cooperative and respectful to your doctor and their medical staff
   • Keep all receipts and records from medical visits
4. Ongoing Reporting and Follow-Up
   • In writing, provide all medical notes and updates to your employer and workers compensation adjuster. Emal is a good way to document that you sent it.
   • Track your missed days from work (dates + reasons)
   • Write down any changes in job duties or restrictions
   • Keep a personal log of your symptoms and pain levels
   • Keep taking pictures of your injured body, especially if it involves swelling
5. When to Talk to an Attorney
   • Your claim is denied or delayed
   • Your employer is pressuring you not to file it as a workers compensation injury
   • You’re being asked to return to work before you’re ready
   • The insurance company wants to send you to an Independent Medical Exam (IME)
   • You don’t understand your rights or benefits

Wisconsin Law: How Long Do You Have to Report a Work Injury?

In Wisconsin, you must report a work injury “as soon as practicable.” There is no specific number of days written into the law, but credibility is important and delay causes the employer or insurance company to question your claim. To stay safe, report within 24–48 hours whenever possible. Delays can give the impression you weren’t really hurt, or that the injury didn’t happen at work.

Real-Life Example: What Happens If You Don’t Document Properly?

Let’s say you strain your shoulder lifting a heavy box at work. You think it will get better on its own, so you say nothing. A few days later, it worsens, and you finally go to the doctor, but you never mentioned it was job-related. Now, the insurance company claims you didn’t report it in time, and the employer says there’s “no record” of the incident. Even though your injury is legitimate, your claim will be denied. This happens far too often, and it’s avoidable.

Real-Life Example: What Happens When You Do It Right?

Now imagine the same scenario, but this time, you:

• Texted your supervisor right after it happened
• Took a photo of the box and work area
• Asked a coworker to write a statement
• Told your doctor it was a work injury and followed up with every note

Now your injury is documented, your employer knows about it, and your claim has a much better chance of approval.

Final Thoughts: Protect Yourself, Not Just Your Job

Attorney Lisa Pierobon Mays understands fear and intimidation from employers. You don’t want to cause trouble at work. You might be afraid of retaliation, getting fired, or being labeled a complainer. But your health and financial well-being come first. Wisconsin law protects injured workers from retaliation and as long as you follow the proper steps, you have a legal right to workers comp benefits. Use this Checklist as your personal roadmap. Share it with coworkers, post it on the fridge in your break room, even keep it with your safety materials.

Attorney Lisa Pierobon Mays is Here to Help

If you have been injured at work and aren’t sure what to do next, or you feel like your employer or the insurance company is giving you the runaround, we are here to help. Call us for a free consultation at: (608)257-0440 or visit our website at www.mayslaw.net We are here to fight for the benefits you deserve.