If you’ve been injured on the job, you’re likely facing significant challenges—from navigating your recovery to understanding your legal rights. Workers’ compensation is designed to help injured employees, but the process can often feel complex and overwhelming.

This guide simplifies the process, provides essential information about workers’ compensation in Dane County, and explains how an experienced workers’ compensation attorney in Madison can help you secure the benefits you deserve.

What Is Workers’ Compensation?

Workers’ compensation is a no-fault insurance program in Wisconsin that benefits employees injured or ill due to workplace conditions. As workers’ comp attorneys in Madison, we see firsthand how this system supports employees, covering medical bills, lost wages, and more.

Critical features of Wisconsin’s workers’ compensation system include:

• No-fault coverage: Benefits are available regardless of fault if the injury is work-related.
• Broad coverage: Includes medical expenses, wage replacement, and vocational rehabilitation.
• Exclusive remedy: Generally, workers’ compensation is your only recourse against an employer for a workplace injury.

If you’re unsure about your eligibility, consult a knowledgeable workers’ compensation attorney in Madison to clarify your rights.

Are You Covered Under Wisconsin Workers’ Compensation Laws?

Most employees in Wisconsin are covered, but there are exceptions:

• Independent contractors: Often excluded unless their work arrangement qualifies them as employees.
• Domestic workers: Typically excluded unless the employer opts for voluntary coverage.
• Volunteers: Unpaid workers are usually only covered if specified by law.

If unsure whether you qualify, consulting with an attorney specializing in workers’ compensation in Madison is crucial.

Steps to Take After a Workplace Injury

1. Report Your Injury Immediately

The first step is notifying your employer. Delayed reporting could give insurers grounds to dispute your claim. Provide details about when, where, and how the injury occurred. Keep a copy of your written report for your records.

2. Seek Medical Attention

Wisconsin law allows you to choose your doctor, but you may also need an independent medical examination (IME). Documentation from your healthcare provider will be essential in supporting your claim.

3. File a Claim

After reporting your injury, your employer must notify their workers’ compensation insurer. If your employer or insurer disputes your claim, you must apply with the Wisconsin Department of Workforce Development (DWD).

Having an experienced workers’ comp attorney in Madison by your side can make this process smoother and more effective.

Benefits You May Be Entitled To

Workers’ compensation provides several types of benefits, including:

Medical Coverage

Covers all necessary treatment related to your workplace injury, including:

• Doctor visits.
• Hospital stays.
• Physical therapy.
• Prescriptions.

Lost Wages

If you’re unable to work, you may qualify for temporary disability benefits:

• Temporary Total Disability (TTD): For workers who cannot work during recovery.
• Temporary Partial Disability (TPD): Workers earning reduced wages during recovery.

Permanent Disability

If your injury results in lasting impairment:

• Permanent Partial Disability (PPD): For partial but lasting injuries.
• Permanent Total Disability (PTD): For injuries preventing all work.

Vocational Rehabilitation

Retraining or job placement services may be covered if you can’t return to your former job.

Why Madison Workers Need an Attorney

Even though workers’ compensation is designed to be straightforward, disputes often arise. As seasoned workers’ comp attorneys in Madison, we help clients address common challenges, including:

1. Claim Denials

Insurance companies may dispute:

• Whether the injury is work-related.
• The severity of your condition.
• Timeliness of reporting.

2. Insufficient Benefits

Insurers often undervalue claims, leaving you without enough support for medical bills or lost wages.

3. Employer Retaliation

It’s illegal for employers to retaliate against workers who file compensation claims, but it happens.

4. Independent Medical Exams (IMEs)

IMEs often favor insurance companies, but we protect our client’s rights against biased evaluations.

Unique Insights for Workers in Madison and Dane County

We understand the unique needs of Dane County employees across various industries.

High-Risk Industries in Dane County

• Healthcare: Injuries from lifting, exposure to illnesses, and needle sticks.
• Manufacturing: Common risks include machinery-related injuries and repetitive stress.
• Education: Slip-and-fall accidents and workplace stress injuries.
• Agriculture: Hazards include heavy equipment accidents and exposure to pesticides.

Local Resources for Injured Workers

• Madison Labor Temple: Offers support and advocacy for workers.
• DWD Resources: The Wisconsin Department of Workforce Development can guide claim filing.
• Vocational Rehabilitation Services: Helps injured workers transition to new careers.

How a Workers’ Comp Attorney in Madison Can Help

At Mays Law Office, we specialize in guiding injured workers through every stage of the workers’ compensation process, ensuring they receive the maximum benefits allowed by law.

Here’s How We Can Assist You:

• Claim Preparation: Ensuring accurate documentation to strengthen your case.
• Negotiation: Standing up to insurance companies to secure fair benefits.
• Appeals and Hearings: Representing you in disputes or denied claims.
• Protection from Retaliation: Safeguarding your rights if your employer takes adverse action.

Your Trusted Workers’ Comp Attorneys in Madison

Navigating workers’ compensation laws can be overwhelming, but you don’t have to do it alone. We are here to guide you through the process, protect your rights, and fight for the benefits you deserve.

If you’ve been injured on the job in Madison, Middleton, or Dane County, contact Mays Law Office today for a free consultation. Let’s work together to secure your recovery and future.

If you are facing a DUI charge in Wisconsin (either OWI or PAC), avoiding a conviction will involve preventing the prosecutor’s office from meeting its burden of proof. While prosecutors must prove your guilt beyond a reasonable doubt, they may be able to use several forms of evidence to do so—and facing a conviction is a genuine concern.

So, how can you prevent prosecutors from meeting their burden of proof? One option is to keep key evidence out of court. If prosecutors can’t use their evidence against you, they won’t be able to prove that you were operating while intoxicated at the time of your arrest.

5 Key Types of Evidence (and How to Keep Them Out of Your DUI Case)

With this in mind, here are five key types of evidence in Wisconsin DUI cases, as well as some of the options that are available for keeping each type out of court:

1. Breathalyzer Test Results

Prosecutors in Wisconsin have two ways to secure a DUI conviction—they can prove that either (i) the defendant was operating a vehicle while intoxicated (OWI) or (ii) the defendant had a prohibited alcohol concentration (PAC).

Police officers use the breathalyzer device to test DUI suspects’ blood alcohol concentration (BAC) on the side of the road. If your BAC is above the legal limit, you can be charged with PAC regardless of your actual level of impairment. As a result, your BAC reading is a powerful piece of evidence, and if you took the breathalyzer and blew over the legal limit, you must challenge your BAC reading by all means available.

How can you challenge your breathalyzer test result? There are several potential ways to question the accuracy and reliability of your BAC reading. The options that you have available will depend on the specific facts of your case. If the breathalyzer wasn’t correctly calibrated, if the officer didn’t properly administer the test, or if you have an alternate explanation for your high BAC, these are all issues—among others—that could provide a solid defense for your PAC charge.

2. Field Sobriety Test (FST) Results

Even if prosecutors can’t rely on your BAC, they may still be able to secure an OWI conviction by proving that you were driving while intoxicated. Your field sobriety test (FST) results could be critical evidence.

The FSTs are used to prove alcohol impairment. Each of the three tests—the one-leg stand test, the walk-and-turn test, and the horizontal gaze nystagmus test—is designed to assess the effects of alcohol consumption. If you “failed” the FSTs during your traffic stop, you can be almost sure that prosecutors will try to use this against you.

How can you challenge your FST results? While the FSTs are commonly used as evidence in OWI cases, they are notoriously unreliable. As a result, an experienced DUI defense lawyer may be able to challenge the admissibility of your FST results on various grounds.

3. Police Video Footage

Police in Wisconsin use both dash cameras and body-worn cameras to record their traffic stops and interactions with DUI suspects. If your traffic stop or arrest was caught on video—and if the footage suggests that you were driving under the influence—you can expect prosecutors to try to use this against you as well.

As expected, video footage can also be robust evidence in DUI cases. Suppose prosecutors show the judge or jury footage of you driving erratically or stumbling on the side of the road. In that case, this can weigh heavily in favor of a conviction unless you can raise issues with the footage.

How can you challenge police video footage? While video footage may not have the same reliability issues as breathalyzer and FST results, there are still various issues your lawyer may be able to raise in your defense. Is there an alternate explanation for your “erratic” driving? Did you slip or stumble because of the condition of the road? Is the prosecutor’s office only showing an (unfavorable) portion of the footage? If the footage simply indicates that you might have been drunk, this is not enough to warrant a conviction.

4. Police Officer Testimony

Police officer testimony plays a crucial role in many DUI cases. If your arresting officer is prepared to testify that you smelled of alcohol, that your eyes were bloodshot, or that you exhibited other clear signs of impairment, this could provide the prosecution with a strong case against you.

How can you challenge your arresting officer’s testimony? Here, too, there are several potential options. Is the officer really sure that you were drunk? Or is he or she making assumptions? Did the officer follow all the necessary protocols for making an arrest based on “failed” FSTs? Or is it possible that he or she skipped over the required procedures? Remember, you don’t necessarily need to prove that you are innocent. It would be best to prevent the prosecution from proving you are guilty. Raising issues that create a reasonable doubt could be enough to avoid a “Guilty” verdict at trial.

5. Your Admissions

If you admitted to drinking and driving on the side of the road, this can also provide the prosecution with a strong case against you. Prosecutors relish the opportunity to use defendants’ own words against them, and admissions will often lead to convictions (or plea deals).

How can you challenge your own admissions? One option may be to assert your constitutional rights. If the police interrogated you in custody without reading your Miranda rights, this could render your admission inadmissible in court. Another option is to raise issues with your admission itself. Even if you thought you were drunk, this doesn’t necessarily mean that you were actually “render[ed] . . . incapable of safely driving.” Wisconsin’s DUI laws are incredibly complex, and you should not let any assumptions or misunderstandings lead to an unwarranted conviction.

Discuss Your Case with a Madison DUI Defense Lawyer for Free

If you need to know more about the options for keeping key evidence out of your Wisconsin DUI case, we encourage you to contact us promptly. To request a free consultation with a Madison DUI defense lawyer at Mays Law Office, call 608-291-7609 or get in touch online now.

The Importance of Pre-Charge Representation in Criminal Defense

When facing the possibility of criminal charges, many people feel overwhelmed and unsure of their next steps. A common misconception is that legal representation is only necessary after being formally charged with a crime. However, *pre-charge representation* can be a critical step in protecting your rights, potentially avoiding charges altogether, and mitigating future legal consequences.

What is Pre-Charge Representation?

Pre-charge representation refers to legal assistance provided before formal criminal charges are filed. This often occurs during the investigation phase of a criminal case, when law enforcement is gathering evidence, conducting interviews, and determining whether to bring charges against a suspect. During this time, prosecutors and police may already be considering a case against you, even if you haven’t been arrested or formally accused.

A skilled criminal defense attorney can intervene at this early stage, advising you on your rights, guiding your interactions with investigators, and working to prevent charges from being filed.

Why Is Pre-Charge Representation Important?

1. Protect Your Rights
   Law enforcement officers are trained to gather evidence and build cases, and they may attempt to question you without informing you of your rights. A criminal defense attorney can ensure you don’t unintentionally incriminate yourself during questioning or give law enforcement unnecessary information. They can also prevent unlawful searches or seizures of your property, safeguarding your Fourth Amendment rights. Further, by invoking your Fifth Amendment right to counsel, you are likely to dissuade law enforcement from further attempts to interact with you.
2. Early Case Intervention
   A defense attorney can intervene before charges are filed, potentially influencing the prosecutor’s decision to pursue or drop the case. This could involve presenting exculpatory evidence or arguing that the investigation lacks probable cause or sufficient evidence to bring a successful prosecution and that further pursuing the matter would be a waste of time and resources. By addressing weaknesses in the prosecution’s case early, an attorney may convince prosecutors not to pursue charges or seek lesser charges. In many counties in Wisconsin there are programs for what it known as a deferred prosecution. This involves taking responsibility for any potentially unlawful conduct and abiding by terms of an agreement for a period of time after which a charge may be dismissed. This may be done after formal charges have been filed and the case has wound its way through the criminal justice system. This, of course, involves fully retaining an attorney and paying a substantial fee. By being proactive and hiring an attorney before charges are filed at a reduced fee, a pre-charged deferral is one possibility to avoid criminal charges altogether. Such a positive and swift outcome can not only spare our clients the stress and expense of defending against formal criminal charges, but can also spare them the humiliation of having an easily accessible public court record of a criminal prosecution having been brought against them no matter the outcome.
3. Guidance on Cooperation
   Pre-charge representation helps you navigate how much, if any, cooperation is in your best interest. In some cases, cooperation with law enforcement can lead to favorable outcomes, such as immunity or reduced charges. In other cases, it may expose you to unnecessary risk. An attorney can guide you on the best course of action for your specific situation. Attempting to handle such complex circumstances without the benefit of years of experience in gauging likely outcomes of varying degrees of cooperation could likely run a significant risk of greater legal jeopardy.
4. Negotiating Terms
   If charges are likely to be filed, a defense attorney can negotiate the terms of your surrender, reducing the chances of a public arrest or other disruptive actions. They may also be able to arrange for a signature bond rather than substantial cash bail or other conditions that minimize the impact of a potential arrest.
5. Mitigating Public Relations Consequences
   Criminal investigations can become public knowledge, potentially harming your reputation, career, or personal life. Having an attorney involved early can help manage any media attention or public scrutiny. They can work to protect your privacy and advise on how to handle any necessary public relations aspects of the case.

Examples of Pre-Charge Scenarios

White-Collar Crimes: When suspected of fraud or embezzlement, financial records may be under scrutiny before you are even aware of an investigation. An attorney can work with accountants and financial experts to present a strong defense during this stage.

Drug Crimes: In drug-related investigations, law enforcement may rely on confidential informants or other means of surveillance ranging anywhere from intercepted phone records to GPS monitoring of vehicles. An attorney can assess the legality of such actions and challenge the constitutionality of improper police procedures.

DUI Charges: If you are involved in an accident and suspected of driving under the influence, pre-charge representation can help ensure proper protocols are followed and provide sound and experienced advice on steps to minimize suspicion and avoid disclosing incriminating information to law enforcement.

When Should You Seek Pre-Charge Representation?

If you are aware that you are being investigated for a crime, or if you believe you may be under suspicion, it is crucial to consult with an attorney as soon as possible. Some common indicators that pre-charge representation may be needed include:

• Law enforcement contacts you for questioning.
• You receive a subpoena or search warrant.
• You are aware of an internal investigation at your workplace.
• You believe you may have been implicated in a crime by someone else.

Conclusion

Pre-charge representation can make the difference between being charged with a crime and avoiding prosecution altogether. By involving an experienced criminal defense attorney at the earliest stages of an investigation, you are taking proactive steps to protect your rights, defend your reputation, and reduce the potential consequences of criminal charges.
If you suspect you are under investigation or have been contacted by law enforcement, don’t wait until it’s too late. Reach out to the experienced and qualified criminal defense attorneys at Mays Law Office, LLC. at 608-305-4518, for pre-charge representation and protect yourself from the outset.

If you are facing a drunk driving charge in Wisconsin (either an OWI or a PAC), it is critical to ensure that you are making informed decisions about your defense. This includes making informed decisions about your legal representation. While it is expected to have concerns about the costs of hiring a lawyer, the reality is that it can be far more costly to try to handle your OWI or PAC case on your own.

For several reasons, putting an experienced OWI/PAC lawyer on your side makes financial sense. There are many other reasons to hire a professional lawyer as well. As a result, trying to handle your case on your own isn’t worth it.

Why You Need Experienced Legal Representation for Your Wisconsin OWI or PAC

Why shouldn’t you try to represent yourself in your Wisconsin OWI or PAC case?

Here are ten reasons (among many more) why you will want an experienced lawyer on your side:

1. You Are Facing Substantial Penalties

Under Wisconsin law, OWI and PAC charges both carry substantial penalties. Regardless of your blood alcohol concentration (BAC) and your prior record (if any), a conviction could lead to fines, surcharges, and loss of your driving privileges. If your BAC was 0.15% or above, or if you have a prior OWI or PAC conviction, you may also be required to install an ignition interlock device (at your expense) if you get convicted.

2. OWI and PAC Convictions Have Other Consequences As Well

Along with Wisconsin’s statutory penalties for OWI and PAC charges, convictions can also have other consequences. These include increased auto insurance premiums, loss of job opportunities, academic outcomes, professional consequences, and immigration consequences—among others. As a result, for many people, the costs of an OWI or PAC conviction far surpass the fines and surcharges they incur in court.

3. No One Else is On Your Side

If you don’t hire a lawyer, no one involved in your OWI or PAC case will be on your side. The prosecutor’s job is to convict you, and the judge’s job is to enforce the law. If the prosecutor presents evidence that warrants a conviction—and if you don’t do anything to challenge it—the judge will have no choice but to find you guilty of OWI or PAC.

4. An OWI or PAC Conviction is a Very Real Possibility

To be abundantly clear, an OWI or PAC conviction is a very real possibility regardless of the facts of your case. If you do not defend yourself successfully, you will almost certainly face the life-altering consequences of a drunk driving conviction.

5. You May Have Several Defenses, and It is Critical to Choose the Right One(s)

While a conviction is a very real risk, there are also several ways to defend against OWI and PAC charges under Wisconsin law. The key is to choose and present the right defense (or defenses) based on the facts of your case. Keep in mind that asserting one defense might not be enough. For example, even if your blood alcohol concentration (BAC) reading is unreliable, the prosecutor may still be able to use other evidence to convict you.

6. Fighting Your OWI or PAC in Court May Not Be Your Only (or Best) Option

Another important fact to remember is that fighting your OWI or PAC in court may not be your only (or best) option. For example, if prosecutors have the evidence they need to convict you, your best approach may be to seek a plea bargain that minimizes the consequences of your arrest.

7. You Need to Protect Your Right to Appeal

Protecting your right to appeal will be critical if you decide to take your drunk driving case to trial. Several issues can justify appeals—and if you get convicted, filing an appeal could be the next step. But, if you don’t protect your right to appeal during your OWI or PAC trial, you can lose it.

8. Mistakes and Assumptions Can Prove Very Costly

In addition to failing to protect your right to appeal, many other mistakes can prove very costly when you are facing an OWI or PAC charge in Wisconsin. Assumptions can prove extremely costly as well. To avoid making these mistakes and assumptions, you will need an experienced Wisconsin OWI/PAC lawyer on your side.

9. Successfully Defending Against an OWI or PAC Charge is Not Easy

If it’s not abundantly clear, successfully defending against an OWI or PAC charge in Wisconsin is not easy. Regardless of the facts of your case, if you are not extremely careful, there is an excellent chance that you will end up facing unnecessary consequences.

10. Successfully Defending Against an OWI or PAC Charge is Extremely Important

While successfully defending against an OWI or PAC charge is not easy, it is imperative. From the court-imposed penalties to the collateral consequences of having an OWI or PAC on your record, a conviction can impact your life for years to come. You owe it to yourself to avoid these consequences if possible, and, at this stage, hiring an experienced lawyer is the most cost-effective option.

Schedule a Free, No-Obligation Consultation with a Wisconsin OWI/PAC Lawyer Today

We invite you to contact us if you would like more information about hiring a lawyer to fight your OWI or PAC charge in Wisconsin. Call 608-291-7609 or contact us online for a free, no-obligation consultation.

The mark of a good attorney is when she finds a way to use her opponent’s evidence against them. August 2024 brought Attorney Lisa Pierobon Mays’ client K.K. (initials used to preserve client’s anonymity) a successful settlement by intimidating opposing counsel with his own medical expert’s report.

KK worked for a machine fabricator which required him to repeatedly lift 50-pound parts when fabricating grain shoots. From July 23 thru July 26, 2022, KK was tasked to repeatedly bend at the waist from floor to chest to lift, load, and unload heavy parts into a machine. In doing so, he felt a pop and pain sensation in his low back with ongoing throbbing pain. Realizing that this was more than a pulled muscle, KK promptly informed his supervisor of his pain who instructed him to go home to rest, apply ice, and medicate. The next day, KK had worsening pain, so he went to urgent care and then follow-up with his primary doctor. He was prescribed strong pain medication and physical therapy. Despite weeks of therapy, KK had no improvement so his doctor ordered MRI imaging of his spinal cord in October 2022. The 2022 MRI showed a disk herniation in his low back requiring surgery. The surgery was performed in July 2023.

Before the disk herniation discovery, the workers compensation carrier accepted responsibility for the claim, meaning they were paying workers compensation benefits and agreed that the injury occurred at work. However, once the insurance carrier got notice that an MRI showed a serious disk herniation, they scheduled KK for a medical examination with a doctor of their choosing. The insurance carrier self-named this examination an “independent medical examination,” however nothing could be further from the truth as such examinations are far from independent, complete or even honest.

The so-called Independent Medical Examiner met with KK only once in April 2023 and from that he declared that his work-injury was no more than a lumbar strain and that all he needed was a four-week course of physical therapy.  With this, all benefits were denied, and KK was left to fend for himself in terms of his finances and medical treatment expenses.  This was devastating for KK and his family; KK had never suffered pre-existing issues with any part of his back.  He did everything his employer asked of him repeatedly, over days, lifting heavy 50-pound material causing injury.  He reported his injury immediately, sought medical treatment, and tried everything to get better.  When he became too expensive with an upcoming surgery, the workers compensation carrier found a hack doctor to deny his claim arguing that he suffered no more than a strain when an MRI indicated a disk herniation.

With the insurance denial, KK was forced to find legal counsel to fight for him.  He contacted Mays Law Office and hired Attorney Lisa Pierobon Mays in May 2023 before his July 2023 surgery.  The surgery was successful, and the surgical findings were consistent with the MRI for a disk herniation.  KK was able to return to work and is now working without restrictions.

Attorney Lisa Pierobon Mays filed an appeal with the State for the workers compensation insurance carrier’s denial of benefits.  A hearing was scheduled for August 1, 2024.  Before this hearing, the insurance company expressed interest in settlement.  Attorney Pierobon Mays responded that while Client KK would be interested in settlement short of going to hearing, the settlement monies would have to be enticing if the insurance carrier wanted a closed file.  Attorney Pierobon Mays told opposing counsel that she would not discount the claim too much as she felt confident that she would win the claim at hearing.  Attorney Pierobon Mays noted to opposing counsel that the report of their doctor was poor.  First, the report pre-dated the July 2023 surgery, so it was missing any discussion of the July 2023 surgery and the surgical findings which proved that KK suffered more than a lumbar strain, and in fact had a disk herniation with stenosis.  So, the surgical findings substantiated the seriousness of the work injury and undermined the credibility of the insurance doctor.  Moreover, remember the insurance company’s doctor accepted that an injury had occurred at work and that physical therapy was necessary with a period of healing and restricted work.   Yet, the insurance carrier never paid the therapy bills nor did they pay KK a lost time benefit while he was unable to work without restriction.  Failure by an insurance company to pay conceded benefits is illegal in Wisconsin under our Workers Compensation Act.  Attorney Pierobon Mays made it clear to opposing counsel that, if a successful settlement was not reached prior to the August hearing then she would file a penalty claim (awardable up to $30,000) for failing to pay a conceded/undenied benefit.  Opposing counsel fought back very little because he knew that he was trapped due to the poor handling of the claim and the facts and evidence were in favor of a win for KK.

KK‘s workers compensation injury claim was settled before the hearing giving KK more money in his pocket than if he had gone to hearing and won!  Moreover, the insurance carrier was responsible for paying back the private health carrier and a large portion of the unpaid medical expense.  KK was very happy with the results that Attorney Lisa Pierobon Mays got for him.  He avoided having to testify at a hearing, got more money in his pocket, and did not have to worry about past medical treatment expense.  He has returned to work with no residual symptoms from his back injury and working without restriction.

Mays Law Office is proud to announce another successful representation and result for a Wisconsin injured worker who recovered workers compensation benefits.  Feeling frustrated too?  Call Mays Law Office at 608)291-9402.  Attorney Lisa Pierobon Mays is only a call away for a free consultation to answer all your questions