New Worker’s Compensation Dashboard Highlights Injury and Claim Statistics in Wisconsin

New Worker’s Compensation Dashboard Highlights Injury and Claim Statistics in Wisconsin

The Wisconsin Department of Health Services recently launched a new workers’ compensation dashboard that provides information about workplace injuries and workers’ compensation claims in the state. The data published through the dashboard provide some interesting insights into trends, common injuries, and the compensation awarded to injured workers and their families. Here are some highlights based on the most-recent data available:

More than 20,000 Employees File Workers’ Compensation Claims in Wisconsin Each Year

According to the latest data in the dashboard, more than 20,000 employees file workers’ compensation claims in Wisconsin each year. While the total number of claims filed has dropped in the past couple of years, this is still a lot of claims.

On average, 76.7% of all workers’ compensation claims filed over the past five years were paid (with the most recent data coming from 2023). Of course, this means that 23.3% of workers’ compensation claims—or nearly one in four—are unsuccessful.

Strains Are the Most Common Injuries Leading to Workers’ Compensation Claims in Wisconsin

The Wisconsin Department of Health Services’ workers compensation dashboard shows that strains, sprains, and tears are the most common injuries leading to workers’ compensation claims by a fairly significant margin. Of the 126,738 claims filed from 2019 to 2023, 49,087 involved these types of injuries. According to the dashboard, the most common causes of workers’ compensation claims in Wisconsin are:

  • Strains, sprains, and tears
  • Slips, trips and falls
  • Miscellaneous causes
  • Being struck or injured by an object
  • Cuts, punctures, and scrapes
  • Getting caught in or under an object
  • Striking against or stepping on an object
  • Burning and scalding
  • Motor vehicle accidents

The dashboard also identifies the most common body parts involved in workers’ compensation claims in Wisconsin. From most common to least, the body parts most commonly injured in work-related accidents are:

  • Shoulders
  • Lower back
  • Knees
  • Fingers
  • Ankles
  • Wrists
  • Hands
  • Feet
  • Body systems

Manufacturing is the Most Dangerous Industry, But Transportation and Material Moving are the Most Dangerous Occupations

Based on the dashboard’s data, manufacturing is the most dangerous industry for workers in Wisconsin. Approximately one in five workplace injuries in Wisconsin involve manufacturing, and the manufacturing industry has a workers’ compensation claim rate of 9 per 1,000 full-time equivalent employees. The industries with the highest numbers of workers’ compensation claims in Wisconsin over the past five years are:

  • Manufacturing
  • Healthcare and social assistance
  • Retail trade
  • Transportation and warehousing
  • Public administration
  • Construction
  • Administrative and support services
  • Wholesale trade
  • Educational services

But, while manufacturing may be the most dangerous industry for workers in Wisconsin, drivers face the highest risk of getting injured on the job. According to the dashboard, the occupations with the highest numbers of workers’ compensation claims in Wisconsin over the past five years are:

  • Transportation and material moving
  • Production
  • Office and administrative support
  • Healthcare practitioners and technical services
  • Construction and extraction
  • Installation, maintenance, and repair
  • Building and grounds cleaning and maintenance
  • Healthcare support
  • Food preparation and serving-related occupations

Lifting Injuries and Shoulder Injuries Are Among the Most Expensive for Employers and Their Insurance Companies

Overall, the Wisconsin Department of Health Services’ workers compensation dashboard shows that lifting injuries are the most expensive for employers and their insurers. Self-insured employers and workers’ compensation insurance companies paid more than $17 million in total non-medical costs (lost time, permanent partial disability, and permanent total disability) for lifting injuries in 2023. Fall-related injuries are the next most-expensive, followed by: sprains, strains, and tears; pushing and pulling injuries; and injuries from twisting and repetitive motion.

Given that lifting injuries are so common, it is not a surprise that shoulder injuries are among the most expensive for employers and their insurers as well. Shoulder injuries accounted for approximately 20% of all non-medical costs paid in 2023, followed by injuries to the knees, lower back, ankles, wrists, and feet. In terms of the nature of workers’ injuries, sprains, strains, and tears are the most costly, followed by fractures and contusions.

Dozens of Wisconsin Families Are Forced to Cope with Fatal Workplace Accidents Every Year

Sadly, the dashboard’s data show that dozens of families in Wisconsin lose loved ones to fatal workplace accidents every year. While the dashboard does not provide detailed information on these fatal accidents, it is safe to assume that many of them occur in the state’s most-dangerous injuries and most-dangerous occupations, which we covered above. When workplace accidents lead to fatalities, spouses and other eligible family members are entitled to seek workers’ compensation death benefits under Wisconsin law.

Are You Struggling to Cope with the Effects of a Work-Related Accident in Wisconsin?

Are you struggling to cope with the effects of a serious or fatal work-related accident? If so, you may be entitled to workers’ compensation benefits under Wisconsin law. Eligible employees and family members can file workers’ compensation claims on a “no fault” basis, which means that proof of the cause of your (or your loved one’s) accident is not required. While there are some exceptions, these exceptions do not apply in most cases.

If you have a workers’ compensation claim, there are specific requirements you need to meet (including strict deadlines), and mistakes and delays can prove very costly in some cases. With this in mind, it is important that you take action as soon as possible. You can hire a lawyer to help with your workers’ compensation claim at no out-of-pocket cost, and you can rely on your lawyer to fight for the benefits you deserve on your behalf.

Schedule a Free Consultation with a Madison Workers’ Compensation Lawyer today

If you or a loved one has been involved in a workplace accident in Wisconsin, we strongly encourage you to contact us for more information about your legal rights. We represent employees and families in workers’ compensation claims statewide. To schedule a free consultation with a Madison workers’ compensation lawyer at Mays Law Firm as soon as possible, call us at 608-291-7609 or tell us how we can reach you online today. 

Attorney Stephen Mays successfully argued for the release of a client convicted of 1st Degree Intentional Homicide

Attorney Stephen Mays successfully argued for the release of a client convicted of 1st Degree Intentional Homicide

1st degree intentional homicide criminal defense
In a case of first impression not only in Dane County, but in the State of Wisconsin as a whole, Attorney Stephen Mays successfully argued for the release of a client convicted of 1st Degree Intentional Homicide as a Party to the Crime from prison after serving 23 years in custody.  

 

On February 19. 2001, our client was a party to the actions of another individual, wherein the other person caused the death of the victim by stabbing him 7 times.  Our client knew the victim personally, had been to his home, knew his family and knew that he had a broken bedroom window.  All of this knowledge was essential when it was decided that the killer and another accomplice should rob the victim of drugs they believed he had in his backpack at home.  Because of our client’s knowledge and steps she took to confirm that the victim was home, and because she drove them to the victim’s residence, she aided the killer when he entered the bedroom, unbeknownst to her at the time, with a knife and stabbed the victim, causing his death.  Our client and the killer were tried in Dane County, Branch 14, before the Honorable C. William Foust.  Our client testified at trial in her own defense.  More accurately, she lied at trial, casting herself as having no significant role in the crime and denying being present as the driver.  She maintained her denials through the presentence investigation process, and at sentencing, Judge Foust endorsed the jury’s verdict and stated that he believed our client lied in her testimony.  Thus, having been convicted of the most serious offense in Wisconsin law, Judge Foust imposed the required life sentence.    

 

In Wisconsin, the law on sentences for those convicted of such a charge is that they receive a mandatory life sentence.  The sentencing judge can then do 1 of 3 things: s/he can make the person never eligible for Extended Supervision (ES) (formerly known as parole); they can make them eligible for ES after serving a minimum of 20 years; or they can set a eligibility date some time after 20 years but short of never.  

 

*The reason this case is the first of its kind in Wisconsin is because of the sentence structure stated above.  That law went into effect in the year 2000.  As such, there hasn’t been a single person convicted of 1st Degree Homicide who has been eligible to petition for release to Extended Supervision – mostly because no one previously sentenced had been given the minimum 20 year eligibility.  Most have been given the maximum life sentences with no eligibility for ES.  Some have been given the last option – 20 yrs, plus some additional time for eligibility.  Our client was one of those.  So was the killer – but he is not eligible until having served 20 years + 35 additional years..  So he’ll be a while yet ….

 

Getting, then, to this case, (one, incidentally, which Attorney Mays did not represent the client at the homicide trial itself, but was retained to file and argue the Petition for Release to Extended Supervision) then-Dane County Judge Foust sentenced our client to life in prison.  He made her eligible for release to ES after serving 20 years + 3 years, for a total of 23 years in prison, before which she could petition the Court for release from her life sentence to ES.  Once a person is granted such release, the remainder of the life sentence is commuted to ES (i.e., parole) – meaning, if a person is granted release to ES, they are on ES for the remainder of their life (i.e., the “new” life sentence – life on “parole”).

 

At a hearing on such a Petition for Release to Extended Supervision (ES), the petitioner — the individual currently incarcerated and arguing for release — carries the burden of proof. In criminal defense cases, it’s important to understand that the highest standard of proof, “beyond a reasonable doubt,” applies when the State seeks a conviction. However, the legislature has specified that for a person convicted of a Class A felony and seeking release on extended supervision, the burden is lower. In fact, there are two lower burdens of proof typically used in civil trials and, in some situations like this, within the criminal justice process. An experienced criminal defense lawyer can help navigate these legal standards, build a strong case for release, and advocate effectively on behalf of the petitioner..  The lower burden of proof is the preponderance of the evidence standard, which requires the litigant to demonstrate by the greater weight of credible evidence the certainty of his or her claim.  The higher burden of proof is the clear and convincing standard, which requires evidentiary proof to a reasonable certainty by evidence that is clear and convincing.  Hence, our client had to convince the Court, to a reasonable certainty by evidence which is clear and convincing, that she no longer presents a danger to the public.  The statutory scheme requires the Court to determine whether now is the time that our client should be released to extended supervision.  The legislature has made the public policy determination that sentencing courts should use discretion in fashioning a sentence that is based on the nature of the criminal offense, the public’s need for protection and the rehabilitative needs of the convicted defendant.  Public policy requires a person convicted of a crime that carries a life sentence to serve a certain minimum number of years before being eligible for parole release.

 

At the hearing on our client’s petition (on Friday the 13th of December no less) the State argued that release should be denied, and a future date set for our client to meet additional goals or reach additional benchmarks of achievement or treatment/counseling, leading to a future conclusion that our client was no longer a risk to the public.  At the hearing, much evidence (4+ hours worth) was presented in our client’s favor that she was not a risk to the public nor that there were any additional goals for her to achieve.  The evidence at the hearing demonstrated, and the Court indeed held in its ruling, that our client met the necessary evidentiary standard and that no further efforts were necessary to safeguard the community or to rehabilitate our client prior to her release.  Specifically, the  evidence presented showed that our client sought opportunity, embraced counseling, and at every turn bettered herself throughout the majority of her 23 years in prison.  She steadily maintained employment while institutionalized, having been employed with little interruption for 23 years.  For over 12 years she oversaw the greenhouse and gardens.  She had been continually employed in property maintenance.  She participated as a mentor for new inmates and for mentally ill inmates.  She was employed in painting and maintenance of murals. She also worked in programs within the community.  She also sought to participate in therapy and counseling to address her needs.  Mental health treatment options were nearly non-existent to female inmates when our client began her incarceration.  Once available, she continuously engaged in therapy and counseling, including being the first inmate at Taycheedah to undergo EMDR (Eye Movement Desensitization and Reprocessing) therapy to treat PTSD.  Our client also also experienced the negative side of imprisonment – she was the victim of a sexual assault committed by a prison guard.  This event spurred her in her PTSD struggle and led to her EMDR therapy experience.  

 

She also used her term of incarceration to gain an education. She earned a bachelor’s degree while in prison in Natural Science and Holistic Nutrition, an associate degree in Health and Wellness Consultation and another in Energy Balance Therapies.  She also completed a two-year program and received a certificate for Building Maintenance.  

 

The Court, in granting the Petition for Release to Extended Supervision, ruled as follows:  “While there may be more she can achieve in prison over the next period of months or years, as clearly she is an achiever, there is nothing [our client] must achieve to be ready for her release. [She] has obtained an education, earned and saved money to support herself as she transitions into the community, and gained marketable skills that may provide or enhance employability. She has been substance free and recognizes the dangers of returning to the use of alcohol or drugs.  She has been committed to treating her mental health issues within the institution, and to being committed to continuing in the community.  [She] has built a record of giving to others within the prison community.   She has earned a level of respect from the warden and others, and has a generous amount of support awaiting her in the community.  [Her] crimes are heinous.  The loss of [the victim’s] life is an event which still reverberates within the community of his loved ones.  [Our client] testified credibly and with evident heartfelt remorse.  She took full responsibility for her crime and, looking face to face with the survivors who she damaged, reluctantly asked for forgiveness.”

 

As such, the Court ordered that our client be released to extended supervision under the original sentence imposed by Judge Foust.  She will now be supervised in the community by the Department of Corrections Division of Community Corrections for the rest of her life.  The Court believes that the DOC will supervise her and require her to continue in her mental health treatment and follow all the general and specific rules of supervision that they establish for her.  Due to the hard work and diligence by Attorney Stephen Mays, she was then released within 24 hours of the Court’s Order and was able to spend the first Christmas with her family in the last 23 years.  
5 Key Facts About Workers’ Compensation Claims in Wisconsin: Deadlines, Notice Requirements, and More

5 Key Facts About Workers’ Compensation Claims in Wisconsin: Deadlines, Notice Requirements, and More

Workers' Compensation Attorney Dane County

If you’ve been injured on the job in Wisconsin, it is up to you to protect your legal rights. While you may be entitled to workers’ compensation, your employer isn’t going to pay voluntarily—and it might even dispute your claim for benefits.

With this being the case, one of the most important things you can do is learn what it takes to protect your legal rights after an injury on the job. Here is an overview of some of the key facts you need to know:

Key Fact #1: Wisconsin Has Strict Deadlines for Workers’ Compensation Claims

The first thing you need to know is that Wisconsin has strict deadlines for workers’ compensation claims. These deadlines can be confusing—and they can be different in different circumstances—so it is generally best to file your workers’ compensation claim as soon as possible.

As the Wisconsin Department of Workforce Development (DWD) explains, “[y]ou should act to notify your employer and get medical attention without delay.” As it goes on to explain, “[a] delay may negatively affect your health and may even jeopardize your potential worker’s compensation benefits. . . . [and f]ailure to report your injury/illness to your employer within two years could result in your claim for worker’s compensation benefits being denied.”

That two-year rule comes from Wis. Stat. § 102.12. It is a separate clock from the statute of limitations under § 102.17(4), which is six years for most traumatic injuries (injuries on or after March 2, 2016); an occupational disease has no statute of limitations. Even so, you do not want to wait any longer than necessary to assert your legal rights. You should report your injury to your employer promptly; and, if you have questions or concerns about reporting your injury, you should talk to an experienced workers’ compensation lawyer right away.

Key Fact #2: Employers Dispute Their Employees’ Claims for Benefits in Many Cases

One of the reasons why it is important to file your workers’ compensation claim promptly is that your employer might dispute your claim for benefits, as we mentioned above. If you wait to file, this will give your employer an excuse to argue that your injury might not be work-related. If you can’t prove that you are eligible for benefits, you won’t receive the benefits you deserve.

Along with filing your workers’ compensation claim promptly, there are some additional steps you can take to help maximize your chances of securing the full benefits you deserve. These include taking photos of the accident scene and/or your injuries with your phone, taking detailed notes, and seeing a doctor as soon as possible.

Key Fact #3: You Can (and Should) Choose Your Doctor

Under Wisconsin law, you have the right to choose your doctor when you need treatment for a job-related injury. Unlike other states, in Wisconsin, your employer cannot tell you where to go for treatment. The Wisconsin DWD makes this clear, stating:

“When a worker reports an injury, the employer shall offer the worker the right to select a doctor of the worker’s choice for treatment. The employee may select any physician, psychologist, chiropractor or podiatrist licensed to practice in Wisconsin.”

When you have a workers’ compensation claim (or think you might have a workers’ compensation claim), you should be sure to tell your doctor that your injury is related to your employment. This way, your doctor can note the cause of your injury in your medical records, and this can help with your claim for benefits.

If you decide to see a different doctor for any reason, you are allowed to make one change without your employer’s approval. But, “[a]fter changing doctors once, any further change may be made only by mutual agreement between the employee, employer and [the employer’s] insurance carrier.”

Key Fact #4: Your Employer Should File a Claim with Its Insurance Carrier

One of the first steps you need to take when you have a workers’ compensation claim in Wisconsin is to notify your employer. This initial notification does not need to be in any specific form, though you should make sure it is in writing; and, if your employer has an incident report form, you should fill out the form as completely and accurately as possible.

Once you report your injury, your employer should file a claim with its insurance carrier. Under Wisconsin law, employers have seven days to file a claim after learning of an on-the-job injury. Once an insurance carrier receives a claim, it then has 14 days to file a report with the Workers’ Compensation Division of the Wisconsin DWD.

You should keep track of these deadlines to the best of your ability (or hire a workers’ compensation lawyer to keep track of them for you). If your employer or its insurance carrier does not timely process your claim, you may need to take further action to collect the benefits you deserve.

Key Fact #5: You Will Need to Be Careful to Ensure You Receive Full Workers’ Compensation Benefits

Even if your employer files a timely claim, this does not necessarily mean that you will receive full benefits. Various issues can still arise at this stage. For example, your employer (or its insurance carrier) may question whether your injury is truly job-related or whether you exacerbated your injury by waiting to seek treatment.

If you have a claim for workers’ compensation benefits, you are entitled to coverage for your medical costs from the date you were injured, and you are entitled to disability benefits if you miss four or more days from work. These benefits should continue for the duration of your eligibility. However, employers (and their insurance carriers) frequently attempt to prematurely terminate employees’ benefits as well—and this is another important factor you will need to keep in mind as you move forward.

Speak with an Experienced Workers’ Compensation Lawyer in Madison, WI

Are you entitled to workers’ compensation benefits for a job-related injury? If you have questions about protecting your legal rights, we invite you to get in touch. To schedule a free consultation with an experienced workers’ compensation lawyer in Madison, call 608-291-7609 or request an appointment online today.

Common Workplace Injuries Suffered by Wisconsin Employees

Common Workplace Injuries Suffered by Wisconsin Employees

Workplace injuries are a significant concern in Wisconsin. Wisconsin is known for its diverse economy that ranges from agriculture to manufacturing. Attorney Lisa Pierobon Mays sees a variety of work-related injuries in her practice of representing Wisconsin injured workers. Let’s review the most common.

  1. Musculoskeletal Injuries
    One of the most common types of work injuries in Wisconsin involves musculoskeletal disorders. These injuries primarily affect muscles, tendons, ligaments, and nerves, often resulting from repetitive motion, heavy lifting, or prolonged physical exertion. Industries such as manufacturing, construction, and agriculture are particularly susceptible to these injuries due to the physically demanding nature of the work. Workers may suffer from conditions like carpal tunnel syndrome, tendinitis, and lower back injuries, which can lead to chronic pain and long-term disability if not addressed properly. The best causational proof that an injured worker can gather with these types of injuries is an accurate position description delineating the work that the worker actually does on the job, which includes pushing, pulling, lifting, bending, squatting, kneeling, and reaching. Also, a good description of the hourly and daily frequency of such exertional activity is important when describing the work completed. Pictures of the machinery, tools, and equipment also helps when describing the work to a doctor and ultimately the Judge.
  2. Slip, Trip, and Fall Injuries
    Slip, trip, and fall injuries are another prevalent cause of work injuries in Wisconsin, particularly in industries like construction, retail, and healthcare. These accidents often occur due to wet or uneven surfaces, poor lighting, or cluttered walkways. We all suffer through Wisconsin’s snowy conditions when the risk of slip and fall injuries increases significantly. These types of injuries can range from minor bruises to severe fractures, head injuries, and even fatalities. In Wisconsin, employers are required to ensure safe working conditions by maintaining clean, dry, and well-lit environments to minimize these risks. Moreover, Wisconsin employers are also responsible for keeping outside parking lots and walkways safe for their employees’ passage, even if not owned by the employer. Oftentimes, snow and pools of water turn icy and hazardous, especially if salting and shoveling of snow is inadequate. The best causational proof that an injured worker can gather with these types of injuries is pictures or videos of the hazardous surface. Also, witness statements can help collaborate the dangerous conditions of the area. An Employee Incident Report proving immediate reporting of the fall and injury are important time markers that add credibility of the occurrence happening at work.
  3. Machinery-Related Injuries
    Wisconsin is home to a significant number of manufacturing plants and agricultural operations, where heavy machinery and equipment are commonly used. Consequently, machinery-related injuries are a serious concern. These injuries can result from equipment malfunctions, inadequate safety measures, or lack of proper training. Wisconsin workers may suffer from amputations, crush injuries, lacerations, or even fatalities. The best causational proof that an injured worker can gather with these types of injuries is documentation showing that employers in these industries DID NOT provide adequate training, enforce strict safety protocols, and ensure that machinery is well-maintained and equipped with appropriate safety guards. Pictures and videos of the unsafe equipment or missing safety guards is hard evidence for the employer to defend against.
  4. Exposure to Harmful Substances
    Another common type of work injury in Wisconsin involves exposure to harmful substances, particularly in industries such as agriculture, manufacturing, and chemical processing. The Wisconsin worker is often exposed to pesticides, industrial chemicals, asbestos, and other toxic materials that can lead to respiratory problems, skin conditions, poisoning, or long-term health issues such as cancer. Proper protective equipment, regular health monitoring, and adherence to safety regulations are essential to minimize the risks associated with hazardous substances. The best causational proof that an injured worker can gather with these types of injuries is pictures and videos of the hazardous chemical in the work setting, spillage, machinery, and clothing prove the carelessness of its application. Also, obtaining the Material Safety Data Shet (known as MSDS) of the chemical substances is crucial to linking up the injury with the workplace chemical. Lastly, listing the safety precautions (or, lack thereof) such as safety googles, respirator, gloves, proper ventilation, etc. can go a long way to proving the dangerous of the work environment that the injured worker was exposed to in the employment.
  5. Transportation-Related Injuries
    Transportation-related injuries are prevalent in Wisconsin, especially in industries such as logistics, construction, traveling employee, and agriculture. These injuries can occur due to vehicle accidents, improper loading and unloading of goods, or falls from vehicles. Given the extensive network of highways and rural roads in Wisconsin, plus hazardous road conditions with our harsh winters, the risk of transportation-related accidents is significant in this state. Employers must ensure that drivers are properly trained, vehicles are well-maintained, and safety protocols are followed to prevent such injuries. The best causational proof that an injured worker can gather with these types of injuries is proof of reporting, such as police reports, dated pictures of the scene showing the damage, a timely filed and descriptive Incident Report given to the employer, and gathering witness names and their contact information with a timely statement of what they saw.
  6. Heat and Cold Stress Injuries
    Wisconsin experiences a wide range of temperatures throughout the year, leading to the risk of heat and cold stress injuries. Wisconsin workers in agriculture, construction, and outdoor maintenance are particularly vulnerable to extreme weather conditions. Heat stress can lead to dehydration, heat exhaustion, or heat stroke, while cold stress can cause frostbite, hypothermia, and other cold-related injuries. The best causational proof that an injured worker can gather with these types of injuries is proof that the employer DID NOT take steps to protect workers from extreme weather, such as providing adequate breaks, access to hydration, and proper clothing. Also, weather reports and pictures of the reports proving extreme weather conditions are helpful in supporting the injury as work-related. Proof of timely report to the employer (such as a text message, email or an Incident Report) and timely medical treatment are crucial to prove that an extreme weather injury occurred on the job.

In close, work injuries in Wisconsin are influenced by our state’s diverse industries and environmental factors. Musculoskeletal injuries, slip, trip, and fall incidents, machinery-related injuries, exposure to harmful substances, transportation-related injuries, and heat and cold stress are among only the most common types of workplace injuries suffered by Wisconsin workers.

If you feel that you have suffered an injury at work that has now been DENIED by your employer’s worker’s compensation carrier then do not hesitate to contact Attorney Lisa Pierobon Mays at Mays Law Office. Phone consultations with her are free! Lisa has earned the authentic 5 Star Google Review Rating because she achieves excellent results for her clients.

Fighting a DUI in Madison, WI: Key Lessons from the Past Year

Fighting a DUI in Madison, WI: Key Lessons from the Past Year

DUI in Madison, WI

Facing a DUI charge is challenging for many reasons. Not only is the process of defending against a DUI charge challenging in itself, but the additional stress and worry you face during the process can interfere with all aspects of your daily life.

But, if you get convicted, your challenges could be far more significant. Drunk driving charges are serious, and a DUI conviction can negatively impact your life for years to come. With this in mind, if you have a DUI trial scheduled in 2025, you need to start working now to protect yourself.

Resources for Individuals Facing DUI Charges in Wisconsin

We published several resources for individuals facing DUI charges in Wisconsin over the past year. Here is a look back at some of these resources—along with some additional insights on how to protect yourself if you’ve been charged with driving under the influence:

Making an Informed Decision About Your Legal Representation

You will need to make several important decisions during your DUI case. But, one of the most important decisions you must make is also one of the first: Should you hire a lawyer to represent you?

The short answer to this question is “Yes”—and there are several reasons why. But, if you are on the fence about hiring a lawyer to represent you, we encourage you to read these articles to ensure that you are making an informed decision:

Understanding Your DUI Case and All of the Risks Involved

Two of the most important reasons to hire an experienced DUI lawyer are: (i) DUI cases are complicated, and (ii) DUI cases are extremely high-risk. Presenting an effective defense requires a clear understanding of the relevant facts and the relevant law.

Suppose you overlook essential facts or do not comprehensively understand Wisconsin’s DUI laws and the constitutional principles that protect you. In that case, you cannot assert a sound defense. To get an idea of some of the facts and laws that might be relevant to your DUI case, you can read:

Important Facts Most People Don’t Know About Facing a DUI

Another critical reason to hire an experienced lawyer is that there are many facts that most people don’t know about facing a DUI charge in Wisconsin. Did you know that prosecutors don’t need your blood alcohol concentration (BAC) to secure a conviction? Did you know that prosecutors can use many other forms of evidence to win a “Guilty” verdict in court? These are just a few of the key facts and common misconceptions we covered in 10 Facts Most People Don’t Know About Facing an OWI in Wisconsin.

Deciding How to Approach Your DUI Case

Since Wisconsin does not have a diversion program for DUI cases, you have two main options when it comes to deciding how to approach your defense: (i) you can seek a plea bargain, or (ii) you can fight your DUI charge in court.

So, which option should you choose?

Generally speaking, seeking a plea bargain is a good option for DUI defendants who do not have a viable path toward avoiding a conviction in court. If you are likely to get convicted of DUI if you go to trial, then it may make sense to plead guilty to a lesser offense or seek a reduced sentence through the plea-bargaining process. To learn more about the considerations in pursuing a plea bargain, read DUI Plea Bargain: Should You Consider a Deal in Your Wisconsin Case?

Deciding What to Do if You Need to Go to Trial

You must fight your DUI charge in court if you decide not to seek a plea bargain. While there are opportunities to seek dismissal of your DUI charge before your trial date arrives, unless and until you get your DUI charge dismissed, you will need to focus on preparing for trial.

Going to trial also involves making several important decisions. Should you request a jury trial? Should you testify? These are just two examples of key decisions you must make in close consultation with your DUI lawyer.

Seeking Dismissal of Your Wisconsin DUI Charge

Once you’ve been arrested for driving under the influence, the best-case scenario is to get your DUI charge dismissed. While this isn’t feasible in all cases, there are a variety of potential ways to seek dismissal of a DUI charge in Wisconsin. To learn about some key considerations in seeking dismissal—before or during the trial—you can read: How Do You Get a Wisconsin DUI Dismissed?

Keeping Key Evidence Out of Your DUI Case

One grounds for seeking dismissal of a DUI charge in Wisconsin is that prosecutors don’t have enough evidence to secure a conviction. If prosecutors don’t have the evidence to prove your guilt beyond a reasonable doubt, you should not have to stand trial—and you certainly do not deserve to be convicted.

With this in mind, seeking to keep the prosecution’s evidence out of court can be a key defense strategy in many cases. Along with constitutional protections that can prevent the use of all forms of evidence, each type of evidence in a DUI case can be subject to challenge on various specific grounds as well. Are you entitled to have the prosecution’s evidence against you kept out of court? Read How to Keep Key Evidence Out of Your Wisconsin DUI Case to find out.

Contact Us for a Free Wisconsin DUI Defense Consultation Today

While we encourage you to use these resources to learn about your DUI case, there is no substitute for one-on-one legal advice and representation. To discuss your case with an experienced DUI defense lawyer in Madison or Middleton, call 608-291-7609 or request a free consultation.

5 Key Facts About Workers’ Compensation Claims in Wisconsin: Deadlines, Notice Requirements, and More

Workers’ Compensation in Dane County: A Guide for Local Employees

Workers' Compensation Attorney Dane County

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

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.

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