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.

You were injured on the job. Should you file for workers’ compensation? This is an extremely common question. On-the-job injuries happen all the time, and most workers are not familiar with their rights under Wisconsin law.

While the answer to this question ultimately depends on your specific circumstances, it will be a clear, “Yes,” in many cases. Most workers in Wisconsin are eligible to file for benefits when they get injured on the job. Keep reading to learn more about your legal rights in Wisconsin—and then contact us for a free, no-obligation consultation about your claim for benefits.

7 Important Facts About Filing for Workers’ Compensation in Wisconsin

What do you need to know about your legal rights if you were injured on the job? Here are seven important facts about filing for workers’ compensation in Wisconsin:

1. If You Are an Employee, You Should Be Covered

First and foremost, if you are an employee, you should be covered. In Wisconsin, employers are required to provide workers’ compensation coverage if they pay gross wages of $500 or more in any calendar quarter. This covers essentially all employers in the state. It covers out-of-state employers with employees in Wisconsin as well.

There is a distinction between employees and independent contractors—and, while employees are generally covered, independent contractors generally are not. If you are classified as an independent contractor, you may not be eligible for workers’ compensation benefits, although it may still be worth talking to a lawyer to make sure you have been classified appropriately.

2. If You Are Covered, You Have the Right to File for Benefits

If you are covered under your employer’s workers’ compensation plan, you have the right to file for benefits. The workers’ compensation system exists specifically to protect employees who get injured on the job, and your employer cannot try to prevent you from asserting your legal rights.

Importantly, this does not necessarily mean that your employer will accept your claim. In many cases, employers will dispute their employees’ claims in an effort to protect their bottom lines. The risk of facing issues with your claim is one of several reasons why it is important to have an experienced workers’ compensation lawyer on your side.

3. Your Employer Cannot Legally Retaliate Against You for Seeking Benefits

Just as your employer cannot try to prevent you from asserting your legal rights, it also cannot retaliate against you for seeking benefits. This is clear under Wisconsin law. If your employer retaliates against you illegally, your lawyer may be able to help you recover additional compensation.

Retaliation can take many forms; and, as an employee, it is important to know when you are (or might be) a victim. Firing you, demoting you, reassigning you, and reducing your pay are all examples of actions that could constitute retaliation. If you experience any of these after filing for benefits without a seemingly valid justification, you will want to discuss your options with your lawyer promptly.

4. Workers’ Compensation Covers Your Medical Costs Right Away

In Wisconsin, workers’ compensation covers your medical costs from the day you get injured. You have the right to choose your own doctor under Wisconsin law—your employer cannot tell you were to go. If you are not satisfied with the doctor you choose, you can change your doctor once without your employer’s approval. But, after the first change, “any further change may be made only by mutual agreement between the employee, employer and insurance carrier.”

A challenge that many injured workers face is deciding when to return to work. As the Wisconsin Department of Workforce Development (DWD) explains:

“If you have been advised by the doctor to return to work, an attempt should be made to return to the job even if you may not feel 100% up to it. By returning to work as directed by your doctor, you will be in a stronger position to obtain additional benefits if you attempted to return than if you refused an offer of work.”

Of course, returning to work too soon can be risky—as it can potentially lead to additional costs, pain, and complications that could (and perhaps should) have been avoided. If you have questions about whether you should return to work, your lawyer can help you make an infor

The recovery of workers compensation benefits in Wisconsin protects employees who suffer injuries on the job.  The system is intended to ensure that an injured worker will receive necessary medical treatment and wage replacement benefits. Unfortunately, many Wisconsin injured workers fail to file injury claims due to widespread misconceptions which can result in injured workers missing out on essential benefits they are legally entitled to. In this article, Attorney Lisa Pierobon Mays will debunk most of the misconceptions surrounding workers compensation in Wisconsin and clarify what the injured worker needs to know.

Misconception #1: If the Injury Was My Fault, I Can’t Get Workers Compensation

One of the biggest misconceptions about workers compensation is that an injured Wisconsin worker cannot receive benefits if they were responsible or “at fault” for their injury. Unlike personal injury claims, Wisconsin’s workers compensation system is No-Fault.  Injured workers can still get a remedy (through the payment of benefits) without concern of fault.  Monetary benefits are still available regardless of who caused the accident. There are, of course, exceptions, such as injuries that occur due to intentional self-harm or injuries caused by intoxication or drug use.  In essence, an injured worker can be distracted by their phone, slip and fall because they did not see a puddle of spilled oil on the floor and still recover workers compensation benefits for their injuries that stemmed from the slip and fall.

Misconception #2: I Can’t File a Workers Comp Claim If My Employer Wasn’t Negligent

Many workers think that they must prove their employer was at fault to receive benefits.  This is not the case in Wisconsin. Our workers compensation laws do not require an employee to prove employer negligence to recover benefits. Again, whether the injury resulted from employer negligence, a coworker’s actions, or the worker’s own mistake, the worker is still eligible for benefits.  Think of it as social insurance which attempts to maintain employer-employee relations.  The concept of negligence by both employers and employee plays no part in our Wisconsin workers compensation system. A Wisconsin injured worker is precluded from bringing a separate tort claim against their employer and co-employees. Many injured workers really struggle with this reality because they want the employer punished with a multi-million punitive dollar lawsuit for allowing or causing the worker to be injured. In worker compensation, it is the insurance carrier, not the employer, who plays the central role in the workers compensation claim.

Misconception #3: Workers Compensation Covers Only Major Injuries

Some Wisconsin workers think that only severe injuries, such as broken bones or traumatic injuries, qualify for workers compensation benefit. This is not true. Wisconsin workers compensation covers a wide range of injuries from head to toe, including repetitive stress injuries (such as carpal tunnel syndrome), back strains, cuts and amputations, and occupational illnesses, such as breathing disorders. Any injury that affects an employee’s ability to work may be entitled to benefits.

It is true, however, that smaller work injuries, if denied by the carrier for benefits, are difficult for the injured worker to find an attorney interested in representing them.  Why?  Consider a hernia injury.  It costs thousands of dollars to surgically repair a hernia, but once the surgery is done the worker is generally back to 100%.  Under the Wisconsin Workers Compensation Act, an attorney is not allowed to take more than a 20% fee on the recovery of benefits which EXCLUDES the recovery of any medical expenses.  So, what is left when the surgery is 100% successful and the injured worker only lost one or two weeks of work?  A 20% attorney fee on $1000 of lost wages makes it difficult for the injured worker to find an attorney willing to take on their claim.  Attorney Lisa Pierobon Mays continues to challenge this scenario with the Wisconsin Workers Compensation Advisory Board as the reality of our current law is absolutely devastating for injured workers who only have medical expenses at issue.

Misconception #4: I Will Lose My Job If I File a Workers Compensation Claim

Fear of retaliation prevents many injured workers from filing claims. Attorney Lisa Pierobon Mays hears stories from injured workers that they have witnessed other co-workers being harassed, ridiculed, punished, and ostracized not just by their employer, but their fellow co-workers for seeking workers compensation benefits.  This is truly unfortunate.  Wisconsin law prohibits employers from retaliating against employees for filing a legitimate workers compensation claim. If an employer retaliates against an injured worker, legal action can be taken against them through the Wisconsin Department of Workforce Development (DWD).  However, to be successful, the injured worker needs to thoroughly document such conduct, perhaps by audio recording harassing comments and discussions, especially with supervisors and management.  Also pictures of any documentation or overt behavior that can be memorialized is powerful evidence against the employer. Otherwise, such conduct becomes a “he-said, she-said” situation if not preserved.

Misconception #5: I Can’t Choose My Own Doctor

When an injury occurs, many workers experience their medical treatment being directed by their employer.  There are on-site or near-site employer medical clinics, such as Concentra, Access, DISA Global Solutions, Bellin Health, associated with the employer and its workers compensation insurance carrier.  The employer, insurance carrier, and clinic have a relationship previously established that is not necessarily impartial in treating the injured worker.  Often, these clinics try to return the injured worker back to work as soon as possible in order to keep the lost time benefit (called TTD) minimal.  However, returning an injured worker back to work too soon can be detrimental to their healing. Under Wisconsin law, sec. 102.42(1), injured workers have their choice of treating doctors. If an employer or insurer tries to restrict this right, the worker can challenge it.

Misconception #6: I Have to Be Injured at the Workplace to Qualify for Benefits

As we know from post-Covid, many Wisconsin employees are permitted to work off-site.  With this, not all work-related injuries happen at the office, warehouse, or job site. If a Wisconsin employee is injured while performing work-related duties—such as making deliveries, traveling for work, working at home, or attending a social company event—the injury may still be covered under Wisconsin workers compensation. Compensation is factually driven for injuries sustained during a regular commute to and from work (which are generally not covered) where the worker was performing a work-related task at the time of the commute, such as running an errand for the employer.

Misconception #7: Filing a Claim Means Suing My Employer

Many workers wrongly think that filing a workers compensation claim means that they are suing their employer. With this misconception, some injured workers fear that they are getting their employer in trouble if they file a workers compensation claim.  Moreover, some employers will take advantage of this misconception to dissuade their employees from filing the claim.  In Wisconsin, workers compensation is an insurance system designed to provide benefits without litigation. By filing a claim, an employee is not suing their employer but simply accessing benefits provided by the employer’s insurance policy.  In Wisconsin, businesses are required to have workers compensation insurance.  Attorney Lisa Pierobon Mays tells injured workers to think of it like any other insurance claim, such as car insurance.  Consider if your friend smashes into your car, most people will not think twice about filing the damage claim against their friend’s insurance company.

Misconception #8: Workers Compensation Benefits Last Forever

While some work injuries may lead to long-term benefits, the Wisconsin Workers Compensation System was not designed to compensate the injured for the true value of their financial and personal loss. Instead, it was generally designed to provide basic or temporary relief until the employee can return to work. The length of benefits depends on the severity of the injury, the employee’s recovery progress, and whether they can return to their previous job or need vocational rehabilitation.  The basic benefits available under the Wisconsin workers compensation system includes temporary total disability (TTD), medical expense and mileage  reimbursement, and permanent partial disability.  In fatal cases, benefits are recovered  by the deceased workers’ spouse and minors, along with funeral expenses.

Misconception #9: If My Claim Was Denied, I Have No Other Options

Way too many injured workers think that if their workers compensation is denied then all is lost. Absolutely not!  Workers compensation insurance carriers expect that a fair number of injured workers whose claim is denied will be intimidated and walk away from pursuing benefits. Sadly, many do! Many legitimate claims are initially denied due to paperwork errors, missing documentation, discrepancies in medical records, and insurance company tactics.  Insurance companies are looking for reasons to deny work injury claims.   Injured workers in Wisconsin have the right to appeal a denial through the Wisconsin DWD.  A workers compensation attorney, like Atty. Lisa Pierobon Mays, can assist in ensuring that the claim is being fairly handled.  Never accept that the denial of your work injury claim is correct.  At the very least, call Attorney Lisa Pierobon Mays for a free consultation.

Misconception #10: Workers Compensation Only Covers Medical Bills

While medical expenses are a major component of workers compensation, benefits often extend beyond just covering medical bills. Wisconsin workers compensation may also include wage replacement benefits for lost income, disability benefits if the employee is unable to work, and vocational retraining programs for employees who can no longer perform their previous job.

Misconception #11: If I Work a Desk Job, I Can’t Qualify for Workers Compensation

Many people associate workplace injuries with physical labor jobs, such as construction or manufacturing. However, even office workers can suffer injuries that qualify for workers compensation, such as repetitive motion injuries, back pain from prolonged sitting, and slip-and-fall accidents.  For instance, Attorney Lisa Pierobon Mays recovered workers compensation benefits for a data processor who suffered from carpal tunnel syndrome in both hands requiring surgery, substantial lost time from work, and medical treatment expense.

Misconception #12: I Can Wait to Report My Injury

Some injured workers delay in reporting their injury because they believe they have plenty of time or think the injury will heal on its own. While Wisconsin does not have a set deadline to report a work injury to the employer, it is advisable to give notice within 30 days.  In the case of an occupational disease, like repeated exposure to harmful substances which cause an injury, it is still possible to give notice anytime within two years of the date the injury occurred, the onset of the disease, or the date the injured worker first realized that such injury or disease was caused by his or her work.  Failing to report an injury timely can jeopardize a claim, making it crucial for workers to notify their employer as soon as possible. Insurance carriers are dubious of claims that are not timely filed and will likely be denied.  A Wisconsin injured worker should never be talked into waiting to complete an Incident Report of Work Injury to their employer.  Moreover, take a picture on your phone of the completed Incident Report for your records and preservation.

Misconception #13: Independent Contractors Can’t Get Workers Compensation

While it is true that independent contractors generally do not qualify for traditional Wisconsin workers compensation benefits, some workers classified as independent contractors may be misclassified as such. It is tempting for employers to describe an employee as an “independent contractor” to avoid premiums for workers, unemployment compensation, and Social Security taxes

In Wisconsin, under sec. 102.07(8) there is a nine-factor test for determining independent contractor status for workers performing services for employers.  All nine requirements must be met in order to be deemed an independent contractor so it’s worth consulting with a legal professional to determine eligibility.

Misconception #14: If I Return to Work, My Case Is Over

When an injured worker returns to work, it does not necessarily mean that their workers compensation case is closed.  If the injured worker continues to require medical treatment or experiences complications from the injury, they are still entitled to benefits.

In some cases, injured workers return to light-duty or part-time modified work while continuing to receive partial benefits (called TPD). An injured worker will always be entitled to medical mileage reimbursement (.51 cents/mile) for therapy, doctor appointments, and pharmaceutical prescription pick-ups. Injured workers that reach a point of healing (called a “Healing Plateau”), even if they were returned to work with or without restrictions, may have a permanent disability which will give rise to permanency benefits, called permanent partial disability (PPD).  This rating is assessed by the treating practitioner and the percentage of disability will equate to a particular sum of money.

Misinformation and misconceptions about workers compensation prevents way too many injured workers from seeking the benefits they deserve. Understanding the truth behind these common misunderstandings empowers workers to take the right steps after a workplace injury.

If you have suffered a work-related injury in Wisconsin, it is important to seek legal advice to ensure that your rights are protected. Mays Law Office offers free consultations and Attorney Lisa Pierobon Mays talks to every injured worker who calls her office. Mays Law Office has the authentic Google 5 Star Rating for client satisfaction. Don’t let misconceptions keep you from getting the benefits you are entitled to under the law.