When you have a workers’ compensation claim in Wisconsin, your employer (or its insurance company) is supposed to pay the benefits you are owed. You are supposed to be treated fairly, and you are not supposed to have to fight for the benefits you deserve.

Unfortunately, this doesn’t always happen.

Injured and sick employees routinely run into issues when filing for workers’ compensation benefits in Wisconsin. Issues can arise at all stages of the process—from when you try to file your claim to when you are going through the recovery process. If you are dealing with a work-related injury or illness, keep reading to learn more.

5 Potential Issues When You File for Workers’ Compensation

Here are five examples of issues that can arise when you file for workers’ compensation in Wisconsin:

1. Denial of Your Workers’ Compensation Claim

Many employees who have valid workers’ compensation claims nonetheless find themselves dealing with a denial. Some examples of common reasons for denying employees’ claims for workers’ compensation benefits include:

• Your injury or illness isn’t work-related
• The insurance company can’t determine the cause of your injury or illness
• You didn’t report your injury or illness on time
• You don’t qualify for benefits because you were intoxicated when you got injured
• You don’t qualify for benefits because you faked your injury or intentionally injured yourself

While all of these can potentially be valid justifications for denying a workers’ compensation claim, wrongful denials are far too common. With this in mind, if you have received a denial and believe that you are entitled to benefits, you should not give up on your claim. Instead, you should promptly consult with an experienced Madison workers’ compensation attorney who can help you make informed decisions about your next steps.

2. Delays that Leave You Without the Benefits You Need

Unnecessary delays are common as well—and, sometimes, it can be difficult to tell whether you are dealing with a delay or a denial. If you are like most people, when you are dealing with an injury or illness that requires medical attention, you cannot afford to wait any longer than necessary to receive the benefits to which you are legally entitled.

When you have a workers’ compensation claim, your employer (or its insurance company) is supposed to process your claim efficiently. It is supposed to investigate your claim in good faith, and it is supposed to inform you of any issues with your claim so that you can address them promptly. If you have been waiting weeks to receive benefits or have questions you can’t get answered, you should consult with a Madison workers’ compensation attorney in this situation as well.

3. Denial of Disability Benefits Because You Should Be Able to Work

In Wisconsin, there are two main categories of workers’ compensation benefits: (i) medical benefits; and, (ii) disability benefits.

Medical benefits cover the costs of treating a work-related injury or illness, and eligible employees are entitled to these benefits regardless of whether they need to miss time from work. However, disability benefits are only available to those who need to miss work for at least three days.

Sometimes, employees will receive medical benefits but have their claims for disability benefits denied. If your employer (or its insurance company) says you should be able to work but your doctor says otherwise, this is another scenario in which you may need legal representation for your claim.

4. Underpayment of Disability Benefits

Along with disability benefit denials, underpayment of disability benefits is a common issue as well. Employers (and their insurance companies) may underpay injured employees’ disability benefits for various reasons—some of which reflect honest mistakes and some of which do not.

Calculating disability benefits is complicated; and, depending on the severity of your on-the-job injury or illness, you may be entitled to various different types of disability benefits (including temporary partial (TP), temporary total (TT), permanent partial (PP), and permanent total (PT)). If you do not believe that you are receiving the full disability benefits to which you are legally entitled, an experienced Madison workers’ compensation attorney can determine if you are entitled to more.

5. Premature Termination of Medical or Disability Benefits (or Both)

Even if your workers’ compensation claim is successful initially, you could still find yourself facing financial challenges if your employer (or its insurance company) terminates your benefits prematurely. This is a common issue as well; and, as an injured or sick employee, it is critical to make sure you know when your workers’ compensation benefits should end.

So, when should they end? Generally speaking, you should be able to continue receiving medical benefits until you get better or reach your “maximum medical improvement.” You should be able to continue receiving disability benefits for as long as you are unable to work (or limited in your ability to work)—though there are additional steps involved in transitioning from temporary to permanent disability benefits.

How to Deal with These Issues and Seek the Workers’ Compensation Benefits You Deserve

Let’s say you have a workers’ compensation claim in Wisconsin. What can you do to make sure you receive the benefits you deserve?

If it’s not already too late, it’s best to work with an experienced Madison workers’ compensation attorney from the beginning of the process. Your attorney will be able to explain everything you need to know and handle your workers’ compensation claim for you while you focus on your recovery.

If you filed for workers’ compensation and are now struggling to obtain full benefits, this is also a scenario in which an experienced attorney may be able to help. Your attorney can work to determine what has gone wrong and why, and then your attorney can use this information to determine what next steps he or she may be able to take on your behalf.

Need Help With Your Workers’ Compensation Claim? Contact Us for a Free Consultation Today

Do you need to know more about your right to workers’ compensation benefits in Wisconsin? If so, we invite you to get in touch. To schedule a free consultation with a Madison workers’ compensation attorney at Mays Law Office, please call 608-291-7609 or contact us online today.

As a defense attorney, representing clients charged with DUI or OWI (Operating While Intoxicated) offenses in Wisconsin requires a deep understanding of not only the legal and procedural aspects of these cases but also the impact of certain penalties, such as the installation of ignition interlock devices (IIDs). Ignition interlocks play a critical role in the sentencing phase of DUI cases, and it’s crucial for both defense attorneys and their clients to fully comprehend the requirements and potential consequences. Let’s take a closer look at the ignition interlock requirements in Wisconsin.

What Is an Ignition Interlock Device?

An ignition interlock device (IID) is a breathalyzer system installed in a vehicle to prevent an individual from starting the car if their blood alcohol content (BAC) exceeds a preset limit, which is .02 in Wisconsin. The device requires the driver to blow into it before starting the car, and in some cases, while driving. If an alcohol level is detected above the determined preset, the vehicle will either fail to start or prompt a rolling retest, requiring the driver to blow again during the journey.

From a defense attorney’s point of view, understanding when and why an IID is mandated is critical for advising clients about the potential consequences of a DUI conviction.

When Are Ignition Interlocks Required?

Under Wisconsin law, ignition interlocks are often a mandatory penalty for individuals convicted of DUI Lawyer or OWI offenses, particularly those with higher BAC levels or repeat offenders. It is important for a defense attorney to understand the specific scenarios in which an IID will be required, as this can have significant implications for their client’s driving privileges, financial situation, and overall lifestyle.

1. First-Time Offenders with a High BAC:
   • If a first-time offender has a BAC of 0.15 or higher, an IID is mandated as part of their sentencing. This requirement generally lasts for a minimum of one year after the individual’s license is reinstated.
   • As a defense attorney, it is important to inform clients that even for a first offense, if their BAC is high, they may face the installation of an ignition interlock device, which can be both financially and logistically burdensome.
2. Repeat Offenders:
   • For individuals with prior DUI or OWI convictions, ignition interlocks are required for all subsequent offenses. In cases of repeat offenders, the court often mandates longer IID installation periods, sometimes for several years.
   • A defense attorney should be proactive in negotiating possible reductions in the period of IID installation, especially for repeat offenders who may have made efforts toward rehabilitation or who are facing significant hardships.
3. Drivers Who Refuse Chemical Testing:
   • Wisconsin imposes strict penalties for individuals who refuse to submit to chemical testing during a DUI stop. A refusal may lead to the mandatory installation of an ignition interlock device, in addition to other consequences like extended license revocations and alcohol education or treatment requirements.
   • Defense attorneys must thoroughly examine the circumstances surrounding the chemical test refusal and explore whether there are legitimate grounds for challenging the refusal in order to avoid the IID requirement.

Understanding the Duration and Cost of Ignition Interlocks

Once an ignition interlock device is installed, the duration of its use depends on the specifics of the case. For first-time offenders with a BAC above 0.15%, the duration of the order is exactly one year, no more, no less. For repeat offenders or those involved in felony DUI offenses, the installation period can extend up to several years. In common practice, for repeat offenders, the IID requirement is for the same duration as the license revocation. However, by statute, in any case the IID requirement can be as low as one year.

From a defense attorney’s standpoint, the client should be made fully aware of the financial burden posed by the installation and maintenance of the ignition interlock. The monthly costs associated with IIDs can range in a monthly average from $70 to $150 per month, which consists of both the installation and ongoing maintenance, including calibration and monitoring. However, different vendors apportion installation fees and rental fees differently.

Navigating Compliance and Violations

While an IID is installed to ensure compliance with DUI regulations, there are strict guidelines that must be followed to avoid further penalties. Clients must understand that the ignition interlock requires regular breath tests, not only before starting the vehicle but also periodically while driving. Failure to comply with these rules can result in significant consequences. In particular, tampering with an IID is a criminal offense subject to jail time, as is failing to install an IID that is operated by an individual subject to an IID order.

A defense attorney’s role is to help ensure that clients fully understand their obligations under the court’s order.

Legal Options for Challenging or Modifying IID Requirements

As a defense attorney, it is critical to look for every possible avenue to help your client avoid unnecessary or overly harsh penalties. In cases where an IID is required, there may still be room for negotiation or legal challenges:

1. Negotiating a Reduced IID Period: In some cases, especially for first-time offenders, it may be possible to negotiate with the prosecution for a reduced IID installation period or for alternative sentencing options. As mentioned above, even where the revocation period ordered by the Court may be as much as 36 months, the mandatory minimum IID period remains 12 months. And for first-time offenders with a BAC over .15, firm negotiations may result in the parties formally stipulating to a BAC of .149 or below, thereby avoiding the IID requirement altogether. In the case of particularly intransigent prosecutors unwilling to enter into such an agreement, an aggressive defense advocate can request a trial specifically on the issue of whether the client’s BAC actually was above .15 at the time of driving, versus the time of operation, due to post-operation absorption of recently consumed alcohol. The attorneys at Mays Law Office have enjoyed great success with all three approaches.
2. Challenging the IID Requirement: In certain situations, a defense attorney may be able to challenge the requirement of an IID altogether, particularly if there are valid concerns regarding the circumstances of the DUI charge or the client’s eligibility for certain exemptions.
3. Seeking Payment Assistance: Wisconsin offers a payment assistance program for those unable to afford the cost of the device. As a defense attorney, ensuring your client is aware of this program and helping them apply can significantly reduce the financial strain caused by an IID requirement.
4. Assisting with Compliance: In Wisconsin, the IID requirement applies to any vehicle owned or operated by the subject of the order. This means that in order to obtain any form of driver’s license, IIDs must be installed not only on the vehicle that the subject intends to drive, but also on any vehicle titled in his or her name. In other words, often spouses’ or children’s vehicles, company vehicles, collector vehicles in storage, or even vehicles that may have been scrapped or totaled years or even decades ago and never retitled. It can be a seemingly overwhelming situation to face, and the assistance of a skilled and experienced attorney is critical for making sure you can get back on the road with as little delay as possible.

Conclusion

In order to achieve the best possible outcome for your case, it is critical for your defense attorney to understand the specific situations in which an IID is required, the challenges it presents for clients, and strategies and techniques for mitigating or eliminating this requirement. From negotiating the duration of the IID to seeking potential vehicle exemptions or payment assistance, it is our goal at Mays Law Office to advocate for the best possible outcome for our clients, minimizing the impact of DUI penalties and helping them regain their driving privileges with as few complications as possible.

If you’ve been injured on the job in Wisconsin, you may be entitled to workers’ compensation benefits. But, this doesn’t mean that filing for benefits will be easy. From strict deadlines to challenges that can arise along the way, there are several important issues to be aware of—and you will want to work with an experienced lawyer who can help you seek the full benefits you deserve.

So, what do you need to know about filing for workers’ compensation in 2025? Here is a guide for Wisconsin residents:

Who Can File for Workers’ Compensation in Wisconsin

As a general rule, workers’ compensation benefits are only available to employees. As the Wisconsin Department of Workforce Development (DWD) explains, “Nearly all employees in Wisconsin are covered. . . . [and] when talking about worker’s compensation, it is easier to discuss the exceptions.”

So, who isn’t covered? Independent contractors are not classified as employees under Wisconsin law, and, as a result, they generally are not eligible to file for workers’ compensation benefits. Wisconsin’s workers’ compensation statute also excludes:

• Domestic workers
• Certain religious and farm employees
• Volunteers who receive no more than $10 per week

Additionally, certain types of employees are covered under federal workers’ compensation statutes instead of Wisconsin law. These statutes—which apply to federal employees, postal workers, railroad workers, and maritime workers, among others—have different eligibility requirements. If you’ve been injured or fallen ill on the job, an experienced workers’ compensation lawyer will be able to assist you with determining your eligibility.

How Long You Have to File for Workers’ Compensation

Technically, employees in Wisconsin typically have up to two years to file a claim for workers’ compensation benefits. When this two-year “limitations period” starts to run depends on the circumstances involved:

• If you were injured in an on-the-job accident, the limitations period will typically run from the date of your accident.
• If you have a work-related repetitive stress injury, the limitations period will typically run from the date that you first realized that you needed medical care.
• If you are coping with an occupational illness, the limitations period will typically run from the date that you got sick (or, in some cases, from the date you realized you were ill).

These are just the general rules—various exceptions can apply, and the two-year limitations period can be extended to six or twelve years in some cases. However, while you may have years to file your workers’ compensation claim, it is best to file your claim promptly. Not only will this help you avoid unnecessary issues with your claim, but it will also help ensure that you receive the benefits you deserve as soon as possible.

How to File for Workers’ Compensation Benefits in Wisconsin

There are a few steps involved in filing for workers’ compensation benefits in Wisconsin. First and foremost, you should see a doctor to diagnose, treat, and document your work-related injury or illness right away. Under Wisconsin law, you have the right to see a doctor of your own choosing.

Once you have obtained treatment, your next priority should be to report your injury or illness to your employer. As the Wisconsin DWD also explains, “You should act to notify your employer… without delay. A delay may negatively affect your health and may even jeopardize your potential worker’s compensation benefits.”

After you report your injury or illness to your employer, your employer should begin the claims process with its insurance company. If it doesn’t, you can file a complaint with the Wisconsin DWD. In any case, it will be important to have an experienced lawyer on your side at this stage, as you need to make sure you do not unknowingly settle for less than you deserve.

Calculating Your Workers’ Compensation Benefits

What workers’ compensation benefits are you entitled to receive? The answer to this question depends on your specific circumstances. Generally speaking, three types of workers’ compensation benefits are available to eligible workers in Wisconsin:

• Medical Benefits – These benefits should cover “all reasonable and necessary medical expenses” related to your workplace injury or illness.
• Disability Benefits – If your injury or illness prevents you from working (or restricts your ability to work), you may be eligible for temporary or permanent disability benefits.
• Vocational Benefits – If you need help getting back to work after your injury or illness, you may be eligible to receive vocational rehabilitation and retraining benefits as well.

The specific amount of benefits you are entitled to receive depends on your medical needs, your current wage or salary, how long you will be unable to work, and various other factors. Once again, an experienced workers’ compensation lawyer can help make sure you do not unknowingly leave any money on the table.

Dealing with Issues After You File Your Workers’ Compensation Claim

While some workers’ compensation claims go fairly smoothly, employees can encounter a variety of issues when pursuing their claims for benefits. Insurance companies deny workers’ compensation claims for various reasons, and many workers have their benefits terminated far too soon.

When you hire a lawyer to represent you, your lawyer can help you avoid unnecessary issues—and, if any issues arise, your lawyer can deal with them on your behalf. Depending on the circumstances, this may involve dealing with your employer (or its insurance company) directly, or it may involve filing a workers’ compensation appeal. In either scenario, it is critical to ensure that you are making informed decisions, as mistakes and oversights can leave you without the benefits you need for your recovery.

Schedule a Free Consultation with a Madison, WI Workers’ Compensation Lawyer Today

At Mays Law Office, we have decades of experience helping Wisconsin residents claim the workers’ compensation benefits they deserve. If you are dealing with a work-related injury or illness, we invite you to contact us for more information. To schedule a free consultation with a Madison, WI workers’ compensation lawyer as soon as possible, call us at 608-291-9402 or tell us how we can help online today.

Attorney Lisa Pierobon Mays is dedicated to fighting for injured workers, ensuring they receive the compensation they deserve. Recently, she successfully represented Rosa, a hardworking immigrant mother from Mexico, in a contested Administrative Law Hearing, securing the workers’ compensation benefits the insurance company tried to deny.

Rosa’s Story: A Journey of Hard Work and Sacrifice

Rosa immigrated to the United States in 2015, determined to build a better future for her three daughters. With limited options, she turned to housekeeping—the only industry she knew well. She found steady work at a large apartment complex, where she remained employed for nine years. Rosa built a reputation as a reliable, hardworking employee, known for her strong work ethic, good attendance, and ability to handle physically demanding tasks without restrictions.

Her job as the main housekeeper required continuous movement, lifting, bending, and carrying heavy loads. She rarely took breaks and was only seated during her designated lunch period. Outside of work, Rosa led an active, fulfilling life—biking, fishing, snow playing, and playing basketball with her daughters. She also took daily walks with her 70-pound Husky to the park.

Rosa was in excellent health, with no history of back pain or prior injuries. She never smoked, drank, or used drugs. But on Monday, October 4, 2021, everything changed.

The Workplace Injury That Changed Everything

On that Monday, Rosa was performing a routine task—emptying an outdoor dog waste bin that was about three to four feet tall and securely attached to a pole. As she attempted to remove the plastic bag, she realized it was stuck on a screw inside the bin. Using both arms, she applied force to dislodge it. Suddenly, the bag released, and the unexpected momentum sent Rosa falling backward onto the hard asphalt surface.

The impact was brutal. A sharp, stabbing pain shot through her lower back and into her left leg. She lay on the ground, unable to move, her body overcome with pain. As tears streamed down her face, two concerned residents rushed to her aid, bringing a chair for support while they called an ambulance.

At the hospital, Rosa was diagnosed with a serious lower back injury, and doctors immediately restricted her from returning to work. She was placed on a treatment plan, but as time went on, her condition did not improve.

A Battle Against the Insurance Company

Despite acknowledging Rosa’s injury, the workers’ compensation insurance carrier refused to take responsibility for the full extent of her disability. They claimed that she suffered only a minor strain and had fully recovered—a blatant misrepresentation of her medical reality.

To justify their decision, they relied on an outdated and incomplete medical evaluation from an adverse examiner who:

• Ignored three MRIs that showed nerve root encroachment, a condition that matched Rosa’s pain symptoms.
• Failed to conduct a full neurological assessment of Rosa’s left leg, ankle, and foot.
• Did not ask Rosa to remove her shoe and orthotic, missing the fact that she could not move her toes or bear weight on her left heel.
• Contradicted his own findings, noting that Rosa had limited lumbar mobility, positive straight leg raises, difficulty walking, and reliance on crutches and an AFO brace, yet still concluding that she had healed.

With this flawed evaluation, the insurance company denied further treatment and compensation, leaving Rosa in pain and without financial support.

The Medical Evidence That Proved Rosa’s Disability

In contrast, Rosa’s treating medical specialists provided extensive evidence proving the severity and permanence of her injury. Since January 2022, Rosa had undergone:

• 1.5 years of physical and water therapy, which improved mobility but did not relieve pain.
• Multiple cortisone injections, all of which failed to provide lasting relief.
• Neurological and surgical consultations, with no viable treatment options left.

Her physician collaborated with an Orthopedic Manual Therapist, who conducted a Functional Capacity Evaluation. The results were clear: Rosa could not even perform sedentary work.

A Vocational Specialist later reviewed all medical records and concluded that Rosa was permanently and totally disabled for employment purposes.

Justice for Rosa: A Hard-Fought Victory

At the Administrative Law Hearing, Attorney Lisa Pierobon Mays challenged the insurer’s flawed medical assessment and presented overwhelming evidence of Rosa’s permanent disability. She highlighted the clear discrepancies in the adverse examiner’s report, demonstrating that the insurance company’s denial was based on incomplete and misleading information.

Her compelling arguments, supported by Rosa’s credible testimony and thorough medical and vocational evidence, left no room for doubt. The court ruled in Rosa’s favor, granting her the workers’ compensation benefits she was rightfully owed.  The benefits of:

*Lost Time from Work  (termed TTD in Wisconsin) with NO offset for Long Term Disability Benefits already paid to her for the same time period;

*15% Permanent Disability rating (termed PPD) in Wisconsin;

*Payment of all of Rosa’s medical treatment expense and reimbursement of her medical mileage, and;

*The Insurance Carrier will continue to be responsible for all future medical treatment and potential for future claims.

The Judge did reserve ruling on an award for Rosa’s claim for loss of earning capacity because she had not attempted to return to the workforce in any capacity since her injury or attempted any vocational rehabilitations.  Mays Law Office will pursue this claim on Rosa’s behalf in the near future once she has achieved better English language skills and attempted to return to work and/or seek services with the Department of Vocational Rehabilitation.

A Life Forever Changed

Before her injury, Rosa was an independent, energetic mother, fully engaged in her daughters’ lives. She worked hard to provide for her family, balancing work and recreation with ease. Now, her injury has taken away her ability to work and enjoy the activities she once loved.

She struggles with chronic pain, mobility limitations, and the emotional toll of losing her independence. Tasks that were once simple—cooking, cleaning, even walking—are now difficult and exhausting. Despite these challenges, Rosa remains determined to rebuild her life. Thanks to Attorney Pierobon Mays’ tireless advocacy, she now has the financial support needed to focus on her health and care for her daughters.

Attorney Lisa Pierobon Mays – Fighting for the Rights of Workers

Attorney Lisa Pierobon Mays continues to fight for injured workers, ensuring they are not ignored, dismissed, or denied their rights. Insurance companies may try to minimize claims, but with a skilled attorney, workers can get the justice they deserve.

For those struggling with workers’ compensation denials, Attorney Pierobon Mays is ready to stand up, fight back, and win. Because every worker—regardless of their background—deserves fair treatment under the law.

As discussed last month, we have seen a recent trend of insurance companies denying injured employees’ claims for workers’ compensation benefits. As a result, if you have recently had your workers’ compensation claim denied, you are not alone. In this situation, it is essential to make sure you know your options—and to make sure you take action before you lose the options you have available.

So, what can (and should) you do?

While some workers’ compensation denials are justified, many are not. If your denial was unjustified, you can file an appeal. Keep reading to learn about the grounds for filing an appeal, the steps involved in filing an appeal, and why it is essential to hire an experienced workers’ compensation lawyer to represent you (which costs you nothing out-of-pocket).

What You Need to Know if Your Workers’ Compensation Claim Was Denied

The most important thing you need to know is that a denial is not necessarily the end of your workers’ compensation claim. If your denial was wrongful, you have clear legal rights, and an experienced workers’ compensation lawyer can assert your legal rights on your behalf. Here are seven more essential facts to know if your workers’ compensation claim was denied in Wisconsin:

1. Why Was Your Workers’ Compensation Claim Denied?

When facing a workers’ compensation denial, one of your first steps should be determining why your claim was denied. This will then allow you (or your lawyer) to determine if you have grounds to file an appeal.

As we said above, some workers’ compensation denials are justified. For example, if you are not an eligible employee or did not file your workers’ compensation claim in time, you may not be entitled to benefits (though you may have other options for seeking financial compensation). However, filing an appeal could be your next step if your denial was unjustified, which is not uncommon.

2. Is the Denial Unjustified?

When is a workers’ compensation denial unjustified? As we discussed in our previous article, some of the most common reasons for workers’ compensation denials include the following:

• Not reporting the work injury promptly
• Inadequate medical documentation of the injury
• Inadequate other evidence of the injury or its cause
• A dispute about whether the injury is work-related
• A dispute about a pre-existing condition
• Violations of company policy
• Failure to cooperate during the claims process
• Missing deadlines during the claims process
• Employee classification issues
• Inconsistent or conflicting statements

While these can all potentially be legitimate grounds for denying a workers’ compensation claim, insurance companies frequently use these as excuses to unfairly deny benefits to injured workers unfairly. Your workers’ compensation lawyer will be able to determine if your denial was unjustified, and if it was, your lawyer will assist you with fighting for the benefits you deserve.

3. Do You Have the Documentation You Need to Prove Your Right to Benefits?

In some cases, overcoming a workers’ compensation denial involves providing additional documentation to the insurance company. While workers’ compensation insurance companies are obligated to process injured employees’ claims in good faith, they do not have to pay benefits if there is a legitimate question about whether benefits are owed.

Once you determine the reason for your denial, one of the following steps is determining if you have (or can obtain) the documentation you need to prove your right to benefits. Your workers’ compensation lawyer can assist with this as well, and, depending on the circumstances, it may be possible to submit this additional documentation and secure the benefits you deserve without going through the formal appeals process.

4. Filing a Workers’ Compensation Appeal

If your employer’s insurance company is unwilling to pay the benefits you deserve, you will likely need to file a workers’ compensation appeal. Due to the stakes and complexity of the issues involved, having an experienced workers’ compensation lawyer on your side is essential.

You will need to file your appeal with the Wisconsin Workers’ Compensation Division. The Division’s Alternative Dispute Resolution (ADR) Unit will handle your appeal. Depending on the circumstances, at this stage, you may need to participate in informal alternative dispute resolution or attend a hearing at the ADR Unit, or both.

5. The Informal Alternative Dispute Process

The informal alternative dispute process allows you to obtain the benefits you deserve without going to a formal hearing. The ADR Unit can require insurance companies to participate in the formal hearing process; however, it cannot require them to agree to pay benefits.

6. Formal Hearings Before the Workers’ Compensation Division ADR Unit

If the informal alternative dispute process is unlikely to be effective or fails to produce a favorable outcome, you have the right to fight for the benefits you deserve at a formal hearing before the Workers’ Compensation Division ADR Unit. An administrative law judge (ALJ) at the ADR Unit will hear arguments and evidence from both sides, and then it will render a binding decision.

7. Appeals to the Labor and Industry Review Commission (LIRC) and Circuit Court

While the ALJ’s decision is binding, it is not necessarily the final word on your workers’ compensation claim. If you disagree with the decision, you can file another appeal with the Labor and Industry Review Commission (LIRC). If the LIRC rules against you, you can take your claim to Circuit Court. All of these are formal legal procedures that also require experienced legal representation.

Discuss Your Claim with an Experienced Madison Workers’ Compensation Lawyer for Free

Are you dealing with a workers’ compensation denial in Wisconsin? If so, we encourage you to contact us for a free, no-obligation claim assessment. To speak with an experienced Madison workers’ compensation lawyer at Mays Law Office in confidence as soon as possible, call us at 608-305-4518 or tell us how we can reach you online now.