These days, more people than ever are working from home. While most employees who work at home spend their time in front of a computer, accidents can still lead to injuries. These injuries can be expensive, and they can make it difficult (if not impossible) to do your job.

So, if you got injured while working at home in Wisconsin, are you eligible for workers’ comp?

Employees Who Work at Home are Generally Eligible for Workers’ Comp

In general, employees who work at home are eligible to receive workers’ comp benefits when they get injured on the job. Employers cannot avoid liability for job-related injuries simply by having their employees work from home. While many work-at-home injuries result from slip-and-fall and trip-and-fall accidents, accidents involving tools and equipment are common as well, and many employees are just as susceptible to repetitive stress injuries at home as they are in the office. As long as an injury is job-related (and an employee otherwise qualifies for benefits), it doesn’t matter where the injury occurs.

But, this does not mean that filing a successful workers’ comp claim will be easy. Among other issues, there is a good chance that your employer (or its insurance company) will question whether your injury is truly work-related. If you file a claim because you slipped and fell in the bathroom, for example, your employer (or its insurance company) may argue that you can’t prove you fell during work time. What if you fell before your workday started? What if you were taking a break from working (and not simply going to the bathroom in the middle of working)? If you can’t prove that you were “at work” when the accident happened, you will struggle to collect the benefits you deserve.

Another issue that can make it more difficult to obtain workers’ comp benefits for a work-at-home injury is that there aren’t any witnesses. When you get injured in the office or at a job site, there will often be someone there who can confirm that you got injured on the job. At the very least, you can report your injury right away; and, if you weren’t injured when you got to work, your injury report will help confirm that you did in fact get injured during the workday.

Steps You Can (and Should) Take if You Got Injured While Working at Home

With these challenges in mind, there are some important steps you should take if you have suffered a job-related injury while working from home. As soon as possible, you should:

1. Document Where and When the Accident Happened

When seeking workers’ comp for a work-at-home injury, it is important to have thorough documentation. Take photos of the location where you got injured, the issue that caused your injury (i.e. a slippery floor or dangerous tool), and the injury itself. If you take these photos with your phone, they should be accurately time-stamped. If you were working on a computer or tablet, save your work—as this will also create a timestamp that can help prove you were injured within the scope of your employment.

2. Report Your Injury to Your Employer

With work-at-home injuries, it is especially important to report your injury to your employer right away. Unnecessary delays will open up more opportunities for your employer (or its insurance company) to argue that you can’t prove that your injury is job-related.

When you report your accident, provide as much information as possible, and do not embellish any details. Stick to the facts. Make sure you have a copy of your report before you submit it to your employer.

3. See a Doctor

You will want to see a doctor as soon as possible. In Wisconsin, you are not required to see a company-approved doctor, and you should not let your employer tell you where to go for treatment. Tell your doctor exactly what happened, describe your symptoms in detail, and let your doctor know that you will be filing for workers’ compensation.

4. Follow Your Doctor’s Advice

Depending on the nature and severity of your injury, you may be able to go back to work right away, or you may need to take time off. Even if you are working from home, if your doctor says you should rest, you should rest. If you ignore your doctor’s advice, not only could it take longer for you to recover, but it could also become much more difficult to secure full workers’ comp benefits.

5. Talk to a Madison Workers’ Comp Lawyer

Given the challenges involved in obtaining benefits for a work-at-home injury, it is best to seek help from a Madison workers’ comp lawyer promptly. You can get a free initial consultation, and it costs nothing out-of-pocket to hire a lawyer to handle your claim. Your lawyer can deal with your employer (and its insurance company) on your behalf, and your lawyer can help you avoid mistakes that could jeopardize your recovery.

Are You Still Eligible for Workers’ Comp if You Could Have Prevented Your Injury?

A common question we get from individuals who suffer job-related injuries at home is whether they are still eligible for benefits if they could have prevented their injuries. For example, what if you slipped on a wet floor because you had recently taken a shower? Or, what if you were using your own tools and they weren’t in great shape?

In Wisconsin, workers’ comp is a “no fault” system. This means that employees can file claims for benefits regardless of who is at fault for their injuries (with only a few very narrow exceptions). Just as you could have filed a claim if you accidentally injured yourself at the office or on a job site, in most cases you can file a claim if you got injured at home even if the accident was due to an issue within your control.

Schedule a Free Consultation with a Madison Workers’ Comp Lawyer

If you were injured working at home in Wisconsin and need to file for workers’ comp benefits, we encourage you to get in touch. To schedule a free consultation with a Madison workers’ comp lawyer as soon as possible, call 608-305-4518 or request an appointment online now.

You got arrested for drunk driving. You are facing a DUI charge (technically, an operating while intoxicated (OWI) charge in Wisconsin), and you are facing all of the various penalties that go along with it. So, you need to know: Can you beat a Wisconsin drunk driving case? Or, is it time to accept the consequences of your arrest?

There are several potential ways to beat a drunk driving case in Wisconsin. As a result, under no circumstances should you throw in the towel. Even if you were driving drunk, you may have defenses available. Additionally, even if you cannot avoid a conviction entirely, fighting your DUI charge could result in a reduced sentence—and this could significantly mitigate the costs and other consequences you incur.

10 Potential Ways to Fight a Wisconsin DUI or OWI Charge

Every drunk driving case is unique, and the defenses that are available to someone else might not be available to you. On the same token, you may be able to assert defenses that were not available to someone you know who got convicted of DUI.

To find out what defenses you can use to fight your DUI, you will need to discuss the details of your case with an attorney. With this in mind, here are 10 potential ways to fight a drunk driving charge in Wisconsin:

1. Challenging Your Traffic Stop

The police cannot pull you over just because they want to. In order to conduct a traffic stop, the police must have “reasonable suspicion” to believe that the driver (or a passenger) is engaged in (or has been engaged in) unlawful activity. If the police pulled you over without reasonable suspicion—including if they pulled you over based on your race, color, or ethnicity—then you may be entitled to have all of the government’s evidence excluded from your drunk driving case. Without evidence, the prosecution won’t be able to secure a conviction.

2. Challenging Your Arrest

In addition to challenging your traffic stop, it may also be possible to challenge your arrest. While a traffic stop requires reasonable suspicion, an arrest requires “probable cause.” If the police did not have reason to believe that you were driving drunk but arrested you anyway, this could also provide grounds for having the government’s evidence excluded from your case.

3. Challenging Your Field Sobriety Test Results

If you took the field sobriety tests (FSTs) during your drunk driving stop, the prosecution will almost certainly try to use your test results against you. However, it is possible to challenge field sobriety test results in various ways. Did the arresting officer carefully observe the entire test? Was the ground uneven or unsteady? Was the area where you performed the tests dimly lit? These are just a few examples of numerous potential issues that could call your FST results into question.

4. Challenging Your Breathalyzer Test Result

Just as there are several possible ways to challenge FST results, there are several possible ways to challenge breathalyzer test results as well. Did the arresting officer provide all required information before administering the test? When was the last time the breathalyzer device was calibrated? Do you have a health or medical condition that could have impacted your blood alcohol concentration (BAC) reading? Again, these are just a few examples of numerous potential issues your lawyer may be able to raise in order to fight your DUI.

5. Asserting the “Rising BAC” Defense

When you consume alcohol, your BAC does not rise immediately. Rather, it rises gradually over time. Thus, if you drove shortly after drinking, it is possible that your BAC was below the legal limit when you were behind the wheel even though you registered 0.08% or above on the breathalyzer. This is known as the “rising BAC” defense, and it will prove effective for preventing the prosecution from meeting its burden of proof in many drunk driving cases.

6. Providing an Alternate Explanation for Your Appearance

In addition to FST and breathalyzer test results, police officers may consider various other factors when deciding whether to make a drunk driving arrest. This includes factors related to your appearance. However, while bloodshot eyes, a flushed face, and other appearances can be indicative of alcohol intoxication, they can have a variety of other explanations as well.

7. Providing an Alternate Explanation for Your Driving Behavior

Likewise, while drifting from your lane or slowing down unexpectedly can be signs of impairment, they can also have a variety of other explanations. Did you see something on the road? Was your mind wandering? Did your passenger interfere with your driving? Here too, there are multiple potential explanations besides being drunk behind the wheel.

8. Asserting Your Right to Remain Silent

One of the best ways to protect yourself after a drunk driving arrest is to assert your right to remain silent. It is true that anything you say can be used against you (although there are some exceptions), so staying silent will limit the prosecution’s options for securing a conviction.

9. Asserting Your Right to an Attorney

When you get arrested for drunk driving in Wisconsin, it is extremely important to assert your right to an attorney. Hiring an experienced attorney will give you the best chance to beat your DUI, and you should schedule a free consultation as soon as possible.

10. Raising Questions about the Prosecution’s Case

Finally, regardless of the circumstances involved in your case, the prosecution has the burden of proving your guilt beyond a reasonable doubt. If you can raise questions about the prosecution’s case (i.e. by questioning the validity of your BAC reading), this alone can be enough to avoid a finding of guilt.

Get a Free Consultation about Your Wisconsin Drunk Driving Case

Have you been arrested for drunk driving? If so, Madison DUI attorney Stephen Mays can help. To find out if you may be able to beat your Wisconsin drunk driving case, call 608-305-4518 or request a free consultation online now.

Driving under the influence (DUI) is a crime under Wisconsin law. It carries steep penalties, and having a DUI conviction on your record can impact many aspects of your life.

But, if you are facing a DUI charge, this does not necessarily mean that you will be convicted. Prosecutors must prove that you are guilty—and they must do so “beyond a reasonable doubt.”

So, what does it take to prove a DUI charge in Wisconsin?

Understanding the “Elements” of a Wisconsin DUI

The crime of driving under the influence (technically, operating under the influence, or OUI, in Wisconsin) is defined in Section 346.63(1) of the Wisconsin statutes. This section of the law states:

“No person may drive or operate a motor vehicle while: (a) Under the influence of an intoxicant [or] controlled substance . . . to a degree which renders him or her incapable of safely driving . . . ; or (b) The person has a prohibited alcohol concentration.”

To see what prosecutors need to prove in order to secure a DUI conviction, we need to break Section 346.63(1) down into its “elements.” In Wisconsin, these are the elements of a DUI charge:

• You were driving or operating a motor vehicle; and,
• You either (a) were under the influence to a degree that renders you incapable of safely driving, or (b) had a “prohibited alcohol concentration.”

1. Driving or Operating a Motor Vehicle

Under Wisconsin law, you don’t actually have to be driving in order to be convicted of DUI. Wisconsin law allows prosecutors to pursue charges in cases in which someone is “driving” or “operating a motor vehicle.” So, what’s the difference?

Section 346.63(3)(a) of the Wisconsin Statutes defines “driving” as follows:

“‘Drive’ means the exercise of physical control over the speed and direction of a motor vehicle while it is in motion.”

Section 346.63(b) of the Wisconsin Statutes defines “operating” as follows:

“’ Operate’ means the physical manipulation or activation of any of the controls of a motor vehicle necessary to put it in motion.”

Basically, “driving” means what you think it means. If you are going somewhere in your car, truck or SUV and you are behind the wheel, then you are driving for purposes of Wisconsin’s DUI law.

However, you can also face a DUI charge for “operating” a motor vehicle. Using any of the controls of a motor vehicle constitutes operating for purposes of Wisconsin’s DUI statute. This includes putting the key in the ignition (or pushing the button on your dashboard or key fob). It also includes releasing the handbrake, shifting out of park, or even turning the wheel from the passenger seat. Thus, not only is it possible to get a DUI if you are parked, but it is also possible to get a DUI as a passenger.

The last definition we need to examine is the definition of a “motor vehicle.” This definition appears in Section 340.01(35). A motor vehicle includes any “device in, upon, or by which any person or property is or may be transported or drawn upon a highway” that is “self-propelled.” This includes pretty much anything you could possibly think of as a vehicle, although electric bicycles are specifically excluded.

2. Driving Under the Influence or With a “Prohibited Alcohol Concentration”

So, let’s assume you were driving or operating a motor vehicle. The next question is whether you were legally impaired. Wisconsin law gives prosecutors two ways to prove impairment—they can present evidence to show that you were “incapable of safely driving,” or they can present evidence of your “prohibited alcohol concentration.”

Driving Under the Influence To a Degree That Renders You Incapable of Safely Driving

In Wisconsin, prosecutors do not need to prove that your blood alcohol concentration (BAC) was above the legal limit to secure a conviction. While this is an option, it is not the only option prosecutors have available. Thus, while disputing the reliability of your BAC reading can be an effective defense strategy in some cases, it is important not to assume that you will be found not guilty if your breath or blood test result is unreliable.

Besides your BAC, there are a number of ways prosecutors may seek to prove that you were legally impaired. Some examples include:

• The arresting officer’s testimony regarding your driving behavior
• The arresting officer’s testimony regarding your speech, physical appearance, or unsteadiness
• The arresting officer’s testimony regarding your performance on the field sobriety tests (FSTs)
• Body camera or dash camera footage
• Your statements during your traffic stop or after your arrest

Driving with a “Prohibited Alcohol Concentration”

Regardless of whether you were “incapable of safely driving,” prosecutors in Wisconsin can also secure a DUI conviction by proving that your BAC was over the legal limit. The Wisconsin Statutes refer to this as “prohibited alcohol concentration,” because different BAC limits apply under different scenarios. For example:

• In most cases, adults over the age of 21 cannot drive with a BAC of 0.08% or above.
• Adults over the age of 21 who have three or more prior DUI convictions cannot drive with a BAC of 0.02% or above.
• Adults over the age of 21 who have previously refused a breath test or who have previously received a DUI with a BAC of 0.15% or above cannot drive with a BAC of 0.02% or above.

Even if you took a breath test and blew over the legal limit, it may still be possible to fight your DUI. There are several potential ways to challenge a BAC reading—and there are several other potential defenses to Wisconsin DUI charges as well. The key is to build a defense based on the particular facts of your case, and hiring an experienced defense lawyer will give you the best possible chance to avoid life-altering consequences.

Get a Free Wisconsin DUI Defense Consultation

Are you facing a DUI charge in Wisconsin? If so, we can help. To speak with an experienced Madison DUI lawyer in confidence, call 608-305-4518 or request a free consultation online now.

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If you’ve been injured on the job in Wisconsin, you may be entitled to workers’ compensation benefits. But, even if you are clearly entitled to compensation, this doesn’t mean that it will be easy to collect the benefits you deserve. You need to take several steps to protect your rights, and there are also several costly mistakes you need to avoid.

Here are 10 common mistakes you need to avoid when filing for workers’ compensation benefits in Wisconsin:

1. Waiting Too Long to Report Your Injury

In Wisconsin, you only have 30 days to report a job-related injury. If you wait longer than 30 days, you could lose your right to workers’ compensation benefits.

However, while you have up to 30 days, you really shouldn’t wait any longer than necessary. Even if you report your injury within 30 days, waiting could make it more difficult to prove that you are entitled to benefits. Your employer may try to dispute that the accident happened, and your employer’s insurance company may try to argue that you can’t prove your injury is work-related.

2. Including Inaccurate Information on Your Injury Report

When reporting your injury to your employer, you need to be as accurate as possible. You do not want to say anything that isn’t true. Do not make any assumptions; if you don’t know something, state that you don’t know. Even if you inadvertently provide false or misleading information, this could create problems for your workers’ compensation claim.

3. Seeing a Company Doctor

Under Wisconsin law, you have the right to see a doctor of your choosing (this isn’t the case in all states). You should exercise this right—and you should not see a company doctor if one is available to you. If you needed emergency treatment and you saw a company doctor, that’s okay, but you will want to choose your own doctor going forward.

4. Failing to Follow Through with Your Medical Care

Once you receive a diagnosis and treatment recommendations, you need to follow through with your medical care. Ignoring medical advice is among the most common mistakes workers make after getting injured on the job. If you ignore your doctor’s advice, not only could this hinder your recovery, but it could lead to challenges with your workers’ compensation claim as well.

If you aren’t sure what your doctor has recommended, you should call the office to inquire. Make sure you get your prescriptions filled and make arrangements to be at all of your follow-up appointments on time.

5. Returning to Work Too Soon

As part of following your doctor’s advice, you need to make sure you do not return to work too soon. Even if you feel good enough to work, you still need to rest if this is what your doctor recommends. Broken bones, strains and tears, tendonitis, and other common types of work injuries can take several weeks or months to heal, and resuming work too soon could lead to setbacks with your recovery. If the insurance company says that you are responsible for these setbacks, your additional medical expenses might not be covered.

6. Letting the Insurance Company Calculate Your Benefits

Most employees who file for workers’ compensation on their own let the insurance company calculate their benefits. While the insurance company might calculate your benefits correctly, it also might not. To make sure you receive the full benefits to which you are legally entitled, you will want to double-check the insurance company’s calculation and raise any concerns you have.

This is especially important concerning disability benefits. Temporary and permanent disability benefits are calculated differently, and the amount you are entitled to receive depends on your individual circumstances. The insurance company might try to pay less than the full amount you are owed; and, if it does, you will need to know so that you can address the issue promptly.

7. Accepting a Denial of Benefits

Sometimes insurance companies will deny benefits outright. If you receive a denial of benefits, you should not let this be the last word on your claim. Instead, you should talk to a lawyer to find out if the denial was justified. If it weren’t (as is often the case), your lawyer would be able to deal with the insurance company for you and work to address any issues that may be responsible for your denial.

8. Failing to Prepare for Your Independent Medical Exam (IME)

After you file for workers’ compensation benefits, your employer’s insurance company may say that you need to attend an independent medical exam (IME). This is an exam conducted by a doctor who works with an insurance company. As such, it really isn’t “independent” at all.

Before attending an IME, you need to prepare. You need to know what to say, what not to say, and what to do once the exam is over. A lawyer can help you with this as well.

9. Giving Up on Your Claim

Given all of the challenges involved in filing for workers’ compensation benefits, some workers simply give up. They get tired of dealing with the insurance company, and they decide that the hassle isn’t worth any benefits they may eventually be able to recover.

However, you should not give up on your claim under any circumstances. Job-related injuries can be incredibly costly, and you deserve to collect benefits if you qualify. Down the line, you will be happy that you put in the effort to file a successful claim.

10. Trying to Handle Your Situation on Your Own

If you need to file for workers’ compensation, you don’t have to handle your situation on your own. A lawyer can help you, and you can hire a lawyer at no out-of-pocket cost. Legal fees for workers’ compensation claims are capped at 20 percent of the amount in dispute, and an experienced lawyer may be able to help you recover far more than you could recover on your own.

Schedule a Free Workers’ Comp Consultation at Mays Law Office

Do you need to file a claim for workers’ compensation benefits? If so, we encourage you to contact us for a free, no-obligation consultation. To speak with an experienced workers’ compensation lawyer at Mays Law Office in confidence, call 608-302-6614 or tell us how we can reach you online now.

When the police pull you over and ask if you’ve been drinking, you need to make a lot of very important decisions in a very short period of time. One of these decisions is whether to take the breathalyzer test.

Wisconsin, like all other states, has an “implied consent” law. Under this law, you give your consent for the police to take a breath, blood, or urine sample when you get pulled over on suspicion of DUI. Typically, the police ask suspects to take a breath test, as this test can be performed quickly on the side of the road using a breathalyzer device.

Criminal Penalties for Violating Wisconsin’s Implied Consent Law

Just like any other law, you can break Wisconsin’s implied consent law. In other words, you can refuse to take a breathalyzer test during a DUI stop. However, just as there are consequences when you break any other law, there are consequences for breaking Wisconsin’s implied consent law as well.

These consequences can be substantial.

For a first-time offense, violating Wisconsin’s implied consent law carries the following penalties: (i) loss of your driver’s license for one year, (ii) mandatory installation of an ignition interlock device (IID) for one year; and, (iii) a 30-day waiting period before you can apply for an occupational license (a limited driver’s license that allows you to drive back and forth to your job). If you have a child under the age of 16 in your vehicle, these penalties double.

If you have a prior conviction on your record, you will face enhanced penalties as a repeat offender.

Crucially, you can be convicted of an implied consent violation and face penalties for refusing a breath test even if you were not driving under the influence. If the police lawfully stopped you and requested that you take the breathalyzer in accordance with Wisconsin’s implied consent law, you were required to comply. It doesn’t matter if you weren’t actually drunk behind the wheel.

Inference of Guilt for Refusing a Breathalyzer Test in Wisconsin

In addition to facing penalties under Wisconsin’s implied consent law, you can also face what is known as a “negative inference” in your DUI case. Basically, this means that prosecutors will be able to use your refusal of the breathalyzer test as evidence against you.

Does this mean that you stand no chance of avoiding a DUI conviction? Absolutely not. While prosecutors will assert that you refused to take a breath test because you knew you were drunk, your attorney can argue that this wasn’t actually the case. Maybe you weren’t aware of the implications of Wisconsin’s implied consent law. Or, maybe you refused the test because you didn’t want to risk a “false positive.” Or, maybe you were concerned about taking the test for other reasons. Whatever the case may be, a skilled attorney will be able to argue that the factfinder (i.e. the judge or jury) shouldn’t use your refusal against you.

How To Defend Against an Implied Consent Violation in Wisconsin

In order to protect your driver’s license and avoid installing an IID device in your vehicle (at your expense) as the result of refusing a breathalyzer test during a DUI stop, you must request a hearing within 10 days. You will want to have an attorney represent you at this hearing, as you need to present a sound defense strategy, and you need to do everything you can to avoid losing your driver’s license for a year (or longer if you are being charged as a repeat offender).

Some examples of potential defenses to implied consent violations in Wisconsin include:

• Your DUI Stop was Unlawful – The police cannot stop you for any reason. In order to conduct a traffic stop, the police must have “reasonable suspicion” that you have committed or are in the process of committing a crime. If your traffic stop was unlawful (i.e. because the police racially profiled you), this could provide a justification for your breath test refusal.
• The Officer Did Not Have Reason to Believe that You Were Driving Drunk – In order to validly request a breath test before arresting you, the arresting officer must “detect[] any presence of alcohol” on your person or have other “reason to believe” that you were driving drunk. If the arresting officer did not detect the presence of alcohol or have other reason to believe you were driving drunk, this may provide you with a defense.
• The Officer Failed to Provide All Required Information – Prior to administering a breath test, an officer conducting a DUI stop must read the statement required under Section 343.305(4) of the Wisconsin Statutes. If the officer fails to provide any of the information required under Section 343.305(4), this may provide you with a defense as well.

These are not the only potential defenses to a breath test refusal in Wisconsin. An experienced DUI attorney will be able to thoroughly evaluate the circumstances of your case and identify all of the defenses you have available.

What to Do if You Refused a Breath Test During a DUI Stop in Wisconsin

Given the potential for severe consequences and the requirement to request a hearing within 10 days, what should you do if you refused a breath test during a DUI stop in Wisconsin?

At this point, you need to discuss your situation with an attorney. In addition to determining what defenses you have available, an experienced attorney can request a hearing on your behalf, begin building your defense strategy immediately, and begin working on your DUI defense. Don’t forget, fighting your refusal charge is just the first part of the process. You also need to fight your DUI—as DUI convictions carry substantial penalties in Wisconsin as well.

Schedule a Free Consultation with a Middleton, WI DUI Defense Attorney

Did you refuse a breath test during your DUI stop? If so, it is strongly in your best interests to speak with an attorney promptly. To schedule a free consultation with a Middleton DUI defense attorney at Mays Law Office, call 608-305-4518 or tell us how we can reach you online now.