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.

It turns out that when you ask ChatGPT for recommendations on well-respected attorneys in Wisconsin for DUI and worker’s compensation, Mays Law Office is among those it suggests.

Specifically, when asked about experienced and well-regarded OWI (Operating While Intoxicated) attorneys in Madison, WI, ChatGPT highlighted:

**Mays Law Office:** Stephen Mays is a highly regarded DUI lawyer who has been recognized by Madison Magazine and Super Lawyers for his work.

**Mays Law Office, LLC:** This firm has a 5-star Google rating based on 86 reviews and provides criminal defense, DUI defense, and worker’s compensation services. Clients often praise our responsiveness, professionalism, and positive outcomes.

It’s always great to see our hard work and dedication recognized!

What are the benefits of hiring a workers’ compensation lawyer? If you have a claim for benefits, is it really worth hiring a lawyer to represent you?

While many injured and sick workers try to handle their workers’ compensation claims on their own, far too often, this proves to be a very costly mistake. If you are dealing with a job-related injury or illness, there are several ways an experienced lawyer will be able to help you.

7 Benefits of Hiring a Workers’ Compensation Lawyer

What can a lawyer do to help you after you’ve gotten sick or fallen ill on the job? Here are seven benefits of hiring a workers’ compensation lawyer in Wisconsin:

1. Finding Out if You Are Eligible to File for Workers’ Compensation

First, your lawyer will be able to determine whether you are eligible to file for workers’ compensation benefits. Not all workers are eligible—and, if you are not eligible, you won’t want to waste your time trying to file a claim.

Conversely, if you are eligible, it will be important to get started on your claim right away. Not only do strict deadlines apply to workers’ compensation claims in Wisconsin; but, if you wait any longer than necessary to start the process, this could make it more difficult to collect the benefits you deserve.

2. Finding Out What Benefits You Are Eligible to Receive

If you are eligible to file for workers’ compensation, you will also need to make sure you know what benefits you are eligible to receive. Broadly speaking, workers’ compensation benefits fall into two categories: (i) medical benefits; and, (ii) disability benefits.

While all workers who qualify for workers’ compensation are eligible for medical benefits, to collect disability benefits, you need to meet additional requirements. You also need to determine whether you are eligible for temporary partial disability (TPD), temporary total disability (TTD), permanent partial disability (PPD), permanent total disability (PTD), or some combination of the above.

3. Making Sure You Do Everything Necessary to File Your Claim on Time

Once you determine that you have a workers’ compensation claim, it is important to make sure you do everything that is necessary to file your claim on time. If you don’t file your claim on time, or if you don’t file your claim correctly, these are both mistakes that can leave you unable to collect the benefits to which you are (or were) legally entitled.

4. Making Sure Your Employer and Its Insurance Company Treat You Fairly

Even if you correctly file your workers’ compensation claim on time, there is no guarantee that you will receive the benefits you deserve. Employers and their insurance companies routinely dispute workers’ compensation claims—and, sometimes, they do so unfairly. When you hire a lawyer to represent you, your lawyer can deal with your employer and its insurance company on your behalf. Your lawyer can make sure these companies treat you fairly so that you do not unknowingly let them take advantage of you.

5. Getting the Answers You Need Throughout Your Recovery

When you are dealing with a job-related injury or illness, filing a workers’ compensation claim is just the first step in the recovery process. As you work through your recovery, you may encounter various issues, and you may have various questions about your legal rights.

Similarly, when you hire a lawyer to represent you, filing your claim is just the first step in your lawyer’s ongoing legal representation. Your lawyer will be available to answer any questions you may have; and, if you need help making informed decisions, your lawyer will be able to provide the advice you need to feel confident in your next steps.

6. Filing Any Other Claims You May Be Eligible to File

Another important benefit of hiring a workers’ compensation lawyer is that your lawyer will be able to determine if there are any other claims you are eligible to file. Regardless of whether you are eligible for workers’ compensation benefits under Wisconsin law, you could also be entitled to file claims such as:

• Personal Injury Claim – While employers that provide workers’ compensation coverage are generally immune from employees’ personal injury claims, you could have a personal injury claim against a property owner, product manufacturer, negligent driver, or any other third party that is responsible for your on-the-job injury.
• Social Security Disability (SSD) Claim – Social Security Disability (SSD) pays benefits to eligible workers who have been diagnosed with disabling injuries and illnesses. Your lawyer will be able to determine if your medical condition qualifies as a disability for purposes of seeking SSD benefits.
• Supplemental Security Income (SSI) Claim – Supplemental security income (SSI) is another Social Security program that pays benefits to qualifying employees. Here too, your lawyer can assess your eligibility and file a claim on your behalf if warranted.

These are just examples. When you sit down with an experienced workers’ compensation lawyer for a free initial consultation, your lawyer will help you assess all of your legal options. If you are eligible for compensation or benefits outside of workers’ compensation, your lawyer will be able to assist you with pursuing your other claims as well.

7. Being Prepared to Deal with Any Issues that Arise

From being denied benefits to having your benefits terminated prematurely, various issues can arise after you have filed for workers’ compensation in Wisconsin. With an experienced lawyer on your side, you will be prepared to promptly deal with any issues that arise so that you do not face adverse financial or health consequences unnecessarily.

Schedule a Free Consultation with an Experienced Madison Workers’ Compensation Lawyer Today

Are you on the fence about talking to a workers’ compensation lawyer? If so, we strongly encourage you to contact us for a free consultation before you make any decisions. To speak with an experienced Madison workers’ compensation lawyer in confidence as soon as possible, call 608-305-4518 or tell us how we can reach you online today.

In what is becoming more and more difficult for criminal defense attorneys these days, Attorney Stephen Mays and Mays Law Office, LLC prevailed – eventually – in a probation revocation hearing against the Department of Corrections (DOC) and a very pesky and persistent probation officer and his supervisor.

In April 2023, in Dane County, MLO client was convicted (while represented by another attorney) of Operating a Motor Vehicle While Under the Influence (OWI) as a Fourth Offense, a felony.  At sentencing, the court withheld sentence and ordered three years of probation, with some conditional jail time.

Almost two years later, in January 2025, this same person called the police because his house was burning down.  The now-MLO client, who was on scene when the officer arrived and identified himself via his state ID card.  The officer obtained information from MLO client, which he stated was in following protocol in relation to structure fires.  He first asked if there was anything flammable in or near the building, ostensibly for safety purposes, before moving on to asking about any items of value that may have been in the residence.  As to the former issue, MLO client stated that there would be ammunition in the residence, along with other potentially flammable or explosive items.  When asked about items of value, MLO client stated that there were guns in an unattached outdoor shed.

In total, law enforcement recovered five long guns (rifles or shotguns) from a shed over 150 yards from the burning house.  No handguns, other firearms, or weapons of any kind were located or seized.  Based upon those items being present and MLO client’s probation status, he was taken into custody for being a felon in possession of firearms.  MLO client was compliant in being taken into custody but lamented that he perhaps should not have told officers about the guns, as they would never have been found.

The DOC then sought to revoke MLO client’s OWI probation for the violation of possession of a firearm by a felon – a charge that was also brought separately by the District Attorney’s office and carries a potential of 10 years in prison.

At the revocation hearing, MLO client testified that he told the police that he was on probation and that he was not to be in possession of firearms.  He also testified that family members and others had access to the building for storage.  No firearms were recovered from the residence. The officer testified that MLO client was cooperative and forthcoming throughout their interactions and that he would not likely have been aware of the presence of any firearms, had MLO client not been honest and truthful with them.  In fact, the officer testified that he generally felt bad about having to arrest MLO client due to the infractions, given that he was so forthcoming and helpful to law enforcement.

At the hearing, MLO client admitted the firearms were in his shed.  He also admitted that his status as a convicted felon specifically prohibited him from possessing firearms or other weapons.  The only felony offense for which MLO client had been previously convicted was the underlying felony OWI 4th.  He had no criminal history outside of OWI and traffic-related offenses.  Nonetheless, by possessing firearms as a felon, MLO client had violated his probation.

With this, the Administrative Law Judge (ALJ) determined that the DOC had met its burden of proving a probation violation.  It was never established that MLO client ever handled the firearms himself at any point after he was convicted and became a felon and was subject to his rules of supervision.  However, a violation existed.  The next question was whether the violation warranted revocation of probation.

When revoking a person’s probation, such revocation is justified only if, based on the original offense and intervening conduct, the ALJ finds that:

(1) confinement is necessary to protect the public from further criminal activity by the client; or

(2) the client is in need of correctional treatment which can most effectively be provided if confined; or

(3) it would unduly depreciate the seriousness of the violation if supervision were not revoked; and there are no appropriate alternatives to revocation (ATR).

This is known as the “Plotkin” factors, based on the case of State ex rel. Plotkin v. Dep’t of Health & Soc. Servs., 63 Wis.2d 535, 544-45, 217 N.W.2d 641 (1974), Wis. Admin. Code § HA 2.05(7)(b)3.

In rendering his decision not to revoke MLO client’s probation, the ALJ noted that MLO client was 57 years old and on probation for OWI – the offense that resulted in his status as a felon.  However, the underlying offense shares no significant nexus to the violation in the revocation proceeding.  It was not alleged, or even suggested, that MLO client had consumed alcohol or any other substance on or around the time of the fire or his interactions with law enforcement.  There are no OWI or other motor vehicle related allegations.

MLO client’s probation began in April 2023.  Since his release to the community, there were no previous violations of his rules of community supervision.  On the contrary, MLO client was compliant with supervision, positively engaged with his agent, and reflected overall positive adjustment while on probation.  He had stable housing throughout his time in the community, at least until the fire claimed his home.  He also enjoyed stable employment, having been with the same company for roughly ten years.  He did not have any noted antisocial peers or associations.  The DOC did not have any concerns about him whatsoever during his period of probation, including any alcohol or drug use.  He did not raise any concerns and had completed his court ordered alcohol assessment.  In fact, the DOC stated that he had been doing so well on probation that the DOC petitioned the court to successfully discharge him from probation early – six months earlier than scheduled.

The ALJ went on in his decision, stating the following when addressing the aforementioned Plotkin factors:

• “Generally, a felon being in possession of a firearm is a highly dangerous situation that creates untold opportunities for harm to occur.  Due to the seriousness and dangerous nature of that conduct, revocation is largely justified as necessary to not unduly depreciate the seriousness of the violation and to provide for public protection from harm or risk of harm.  It is also noted that [MLO client] does not have any apparent treatment need at this time; therefore, there is no support under Plotkin that revocation is justified to provide him with treatment that would be most effective in a confined setting.

Ultimately, though, this is a very unique case and set of circumstances that does not justify revocation of [MLO client’s] probation.  [He] has been completely compliant with the department and his rules of supervision while in the community for over two years and on probation for nearly three.  The only exception to this statement is the instant violation wherein [he] had been in possession of several long guns for an apparently extended period of time, while on probation.  He was aware that he was not to possess firearms; however, it appears that he did not fully understand or appreciate the full extent of what it meant to possess those items.  [MLO client’s] ignorance of the law or his rules of supervision is not a defense or mitigating consideration in this matter, but it is relevant to this decision. That is because [he] has been entirely forthcoming and cooperative with law enforcement and the department in regard to the violations.  That he contested them here is not viewed as avoiding consequence, as he did not particularly contest any of the facts alleged in the report or by the department. In fact, [he] essentially self-reported the violation to … law enforcement [who] would not likely have been aware of the presence of firearms on the premises {MLO client] volunteering that information.  After doing so, he remained compliant with law enforcement.   While [MLO client’s] conduct is serious and he has at least been referred to new felony charges of being a felon in possession of a firearm, revocation is not necessary in this matter.

By the time this decision is final, [he] will have been in custody awaiting revocation for approximately four months.  That period of time is a sufficient sanction for the proven conduct, if not in excess of what may be necessary to impart the severity of the offense on [him]. This was his first violation of any rule of community supervision.  His adjustment was otherwise impeccable and stable over the course of years.  He was honest to his own detriment but has appeared to be understanding of why the department has sought revocation.  It does not appear that this incident is cause for concern regarding his ongoing relationship with the department or [his agent].

Finally, as previously mentioned, revocation is not supported by any treatment need that [MLO client] may have that is not being adequately addressed in the community.  The conduct does not justify a lengthier term of incarceration for any need, much less treatment.  [He] has not been directed to treatment by the department during his period of supervision and has not received any alternatives to revocation, based at least partially upon his lack of treatment needs.  [He] should not be penalized with a term of confinement because, at least in part, he does not have an easily identifiable treatment need that he can be connected to services on.

It is therefore ORDERED that the probation of [MLO client] Dane County case 22CF*** is not revoked.”

However, as is becoming par for the court in revocation hearings in which the DOC loses, the DOC filed a barely one-page appeal seeking to overturn the above decision not revoking probation.  This act, alone, kept MLO client in jail – on the continued probation hold – for at least another 21 days.

Then, 28 days after the DOC’s appeal was filed – and Attorney Mays filed a rebuttal to the DOC’s appeal the day the DOC appealed – the Administrator for the Division of Hearings and Appeals filed this brief decision.

“After review of this appeal pursuant to Wis. Stats. § 301.035, the Decision and Order of the Administrative Law Judge (ALJ) is Sustained for the following reasons:

• The Department of Corrections (DOC) appeals the underlying decision not revoking [MLO client’s] probation supervision.  The sole allegation was proven.  To wit, on January 9, 2025, [MLO client] possessed firearms.  They were discovered by law enforcement responding to a fire at his residence, at which time [MLO client] disclosed that there were rifles in his shed when asked whether there were any potentially flammable items nearby.  Emphasizing [MLO client’s] previous excellent adjustment to probation and lack of evidence that he actually handled or used the long guns while on probation, the ALJ did not revoke probation, which would have returned [MLO client] to court for sentencing after revocation on the underlying offense of OWI (4th).

On appeal, the DOC requests reversal, emphasizing the danger of [MLO client] maintaining the firearms in an unlocked shed on his property.  It submits that not revoking would unduly depreciate the seriousness of a felon in possession of firearms.  In reply to the appeal, [MLO client’s attorney, Stephen Mays] argues that the underlying decision must be sustained.  [Attorney Mays] notes the mitigating factors, including no violent criminal history, his truthfulness with the authorities to his own detriment, and his otherwise impeccable performance on probation to the point that the DOC had petitioned to discharge him early.  On this de novo review, the record supports the decision.

This case presents unique circumstances making revocation unnecessary.  In addition to the mitigating factors listed above, [MLO clients] is likely to have penal consequences as a result of being charged criminally for possessing the firearm, and he has now been in custody for nearly four months.  Further, the violation bears no nexus to his underlying offense or criminal history.

Notably, OWI-related offenses constitute his only criminal history.  The decision [not to revoke probation] is well-reasoned and supported by the record. It is sustained.”

So, while justice sometimes takes some time, if you have the right attorney, who is knowledgeable and well-versed in both the law and the criminal procedure, and is willing to fight on your behalf, justice can ultimately prevail as it did for her.