Now What Happens

Now What Happens

Now what happens?!  You have been hurt at work, you are scared and do not know what to do or who to listen to.   Mays Law Office hears this question every single day.

Attorney Lisa Pierobon Mays talks to injured workers on a daily basis – free of charge.  Every story varies but the emotions are always the same – fear, confusion, uncertainty, and even anger.  No one wakes up and thinks “Oh Boy, I sure hope I get hurt at work today.”  Accidents causing injuries at workplaces happen daily and fault, for the most part with certain legal exceptions, is not a factor in Wisconsin.  So, let’s say you slip and fall because a puddle of water was carelessly left on the floor, or you are walking too fast and miss a step running up the stairs and you blow out your knee.  In those kinds of situations, blame and fault is not a factor to be considered and not a reason to be denied workers compensation benefits. 

So, what is the process once a Wisconsin worker injures himself?  The first question is whether the injury is serious enough that medical treatment is required?  Obviously, any injury involving broken bones, stitches, serious pain, difficulties with mobility and clear thinking should be medically treated immediately.  All work injuries should be reported to the employer so that an Incident/Accident Report can be timely completed by you and your supervisor.  Work comp claims can and have been denied for failure to report them timely to the employer; by not doing so raises suspicion and puts the injured workers credibility and honesty at risk.  With such information, your employer is responsible for notifying their workers compensation insurance carrier so that a claim can be opened, an investigation started, and benefits for lost time and medical treatment paid.

Once a workers compensation claim is filed, everyone has responsibilities.  The Employer is responsible to comply with any requests for complete, truthful and timely information made by the workers compensation carrier.  The Workers Compensation Insurance Carrier is responsible to diligently investigate the claim, respond to the employer’s reporting of the claim, talk to witnesses, get a statement from the injured worker as to the details how the work injury occurred.  The insurance carrier should also be reviewing medical records and sending out medical authorizations for the injured worker to sign for the review of their relevant medical records.  All of this is necessary for the workers compensation carrier to make a timely decision to either accept or deny, in good faith, the workers compensation claim.

The Injured Worker is responsible to give true and accurate statements as to how the injury occurred to their employer, the workers compensation insurance carrier, and their doctors.  Every statement of recollection must be consistent as to date, time, details, witnesses, and pain symptoms.  Any inconsistency can, and likely will, be used against the injured worker in an attempt to deny the claim.  The injured worker must maintain a good relationship with their medical providers.  Meaning, do not miss doctor appointments.  Do not disregard your doctor’s advice, treatment, and recommendations.  Keep in mind that your doctor will not be keen to support your claim if you have been a difficult patient.  Doctors like patients that follow their treatment, listen to their recommendations, and appear to want to get better.  Maintaining integrity with your doctors is of utmost importance because your comments and behavior is being documented in your medical records with every single communication that you have with them and their medical office, meaning their medical assistants, nurses, and even receptionist.  Also, the injured worker must keep their employer informed of their physical restrictions and availability to work.  Don’t just do this verbally.   It should be done by phone, text, email, and in writing so that the employer does not claim that you abandoned your job by failing to communicate after the injury.

Remember, an Injured Worker must never be seen doing anything that would be considered inconsistent with their injury.  Stay away from posting on social media as pictures can be damaging and misunderstood.  For instance, an injured worker suffering from a sore knee should not be posting pictures with their volleyball club team in a competitive setting.  It is only logical to assume that an injured worker with a knee injury would not be able to play volleyball.  Likewise, keep in mind that insurance companies hire investigators to conduct surveillance so be watchful as to how you appear to others, in public and even in your own yard, garage, porch, and deck!

So, now the Wisconsin injured worker says “Damn It, I’ve done all of this and I have still been denied Wisconsin workers compensation benefits!  What next….?!

If a Wisconsin injured worker’s claim for workers compensation has been denied, or even has a sense that their claim for workers compensation benefits will be denied, then they should immediately call Attorney Lisa Pierobon Mays at Mays Law Office.  Attorney Mays will provide a free phone consultation.  She will ask a series of questions to get to know you and your injury claim better.  She will review your communication with the workers compensations insurance carrier.  She will go over your medical treatment to understand your diagnosis and prognosis.  At the end of your conversation, you questions will be answered and suggestions offered as to how to proceed next. 

Keep in mind that every work injury is different, unique, and requires it owns customized approach.  If the timing and circumstances of your claim calls for it, then Attorney Lisa Pierobon Mays will invite you to come to her Middleton/Madison office, if convenient, to discuss your claim further.  This in-person meeting is still part of the free consultation provided by Mays Law Office.  The meeting will last about an hour and half so that all the details of your denied claim can be thoroughly discussed and documented.  At the end of this meeting, a well-developed plan will be formalized as to how your workers compensation claim will be pursued.  Attorney Pierobon Mays will detail everything that you can expect and will be involved in the injury claim EVERY STEP OF THE WAY.  Your claim will NEVER be assigned to another attorney or a paralegal.  Every email, phone call, and correspondence will involve Attorney Pierobon Mays.

Attorney Pierobon Mays has been representing Wisconsin injured workers since 1997 – that’s 25 years of experience fighting and winning.  Attorney Lisa Pierobon Mays is not intimidated by any Wisconsin employer or workers compensation insurance carrier.  See her actual results by doing a simple Google review search.  You will see 5 Stars ratings from her actual clients who have found her effective, respected, and aggressive in achieving positive results for them. 

Mays Law Office knows that suffering a work injury is scary and intimating but Attorney Lisa Pierobon Mays is only a phone call away from answering all of  your questions and easing your concerns.

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