Denied benefits after suffering a work injury?  If so, never assume that a denial of Wisconsin workers compensation benefits is appropriate.  Here is an example of an injured Wisconsin worker who had his workers compensation benefits wrongfully denied.  After hiring Attorney Lisa Pierobon Mays of Mays Law Office, she got him his benefits within just one week. 

J. L. hired Attorney Lisa Pierobon Mays of Mays Law Office on July 18, 2023 after his workers compensation claim for lost time benefits was denied by the workers compensation insurance carrier who claimed that accommodating work would have been available for Mr. Langsted had he not voluntarily terminated his position after being injured at his employer’s place of business.

As background, in Wisconsin, an injured worker is entitled to temporary total disability, or lost time benefits, for actual wages lost while healing due to a work injury.  The healing period is when the injured worker is undergoing medical treatment, therapy, and rest yet still suffering from the injury.  In J.L.’s case, he was restricted from any and all level of work, and therefore suffering complete wage loss. In this case, Wisconsin law requires that he receive 2/3 of his average weekly wage tax free.  Such lost time benefits continue until the treating medical doctor believes that he has reached a healing plateau, or maximum medical improvement.       

Before hiring Mays Law Office, J. L. made multiple attempts on his own to get the Insurance Adjusters to respond to his communications of complete wage loss, but he could not get them to return his messages and inquiries.

Immediately after being hired by J.L. on July 18, 2023, Attorney Lisa Pierobon Mays sent an email to the involved Adjuster and her Supervisor providing the history of documented physical restrictions and informing them of the above Wisconsin law on lost time benefits when injured on the job.  Mays Law Office received no response so Attorney Pierobon Mays left detailed voice messages with both Adjusters on Friday July 21 and 25, 2023 verbally warning that a penalty claim for Bad Faith would be filed with the Wisconsin Office of Workers Compensation Hearings, on behalf of J.L, by Mays Law Office if the Wisconsin law was not followed.  In the process, Mays Law Office also procured a supportive report from J.L.’s medical doctor clarifying, in writing, the doctor’s opinion on cause and physical restrictions. 

For background, a penalty claim for Bad Faith in Wisconsin can trigger an additional award of either 200% of the total benefit amount due the injured worker or $30,000 if the insurance company’s failure to pay benefits is due to malice, reckless disregard, or bad faith.  Wisconsin case law has defined reckless disregard as an “absence of honest, intelligent action or consideration based upon the knowledge of the facts and circumstances.”  So, a workers compensation adjuster who knowingly does not follow Wisconsin’s law after being instructed on it, as done by Attorney Lisa Pierobon Mays in this case, walks a fine line that crosses over into bad faith for intentional bad behavior if they stubbornly choose to continue to not pay an injured worker his entitled workers compensation benefits.

Within one week, on July 25, 2023, after considering Attorney Lisa Pierobon’s Mays communications and intended involvement, the Adjuster was forced to accept J.L.’s claim for lost time benefits going back to July 20, 2023 and into the future.

If it had not been for Attorney Lisa Pierobon Mays with her 27 years of experience in knowing the intricacies of Wisconsin workers compensation law and acting quickly and aggressively, J. L. would still be without his lost time benefits.  The Adjusters continued to assert their denial of benefits based on an alleged claim that J.L. voluntarily terminated his job with the employer claiming that such employer would have had accommodating work available for him had he not quit and therefore he waived any lost-time benefits.  However, Attorney Lisa Pierobon Mays informed the Adjusters that such an argument was irrelevant because the restrictions of No Work for J.L. by his medical doctor immediately triggered the payment of lost time benefits regardless of whether J.L. quit or did not quit.  In essence, the Adjusters needed to be educated on the Wisconsin law and instructed on what the repercussions would be if they did not follow it.

Attorney Lisa Pierobon Mays takes great pride in regularly catching workers compensation insurance carriers in their wrong doings.  Some Wisconsin worker’s compensation attorneys will not take on claims unless there is serious permanent disability suffered by the injured worker and then they wait to pursue the injured workers claim for months only to settle it before a hearing.  If Attorney Pierobon Mays spots a missed benefit that an injured worker is entitled to, such as medical treatment and mileage reimbursement, she will instruct the worker how to pursue it with the adjuster.  If complicated, like in J.L.’s case, she will take on the fight and go after the worker’s compensation insurance carrier immediately.  Attorney Lisa Pierobon Mays has built a strong reputation on being aggressive and swift in such claims.  Fellow attorneys, insurance adjusters and carriers know her reputation for being a strong advocate for her client’s and her client’s have spoken out too.  Check out the Google reviews for Attorney Lisa Pierobon Mays and Mays Law Office.  They have achieved a 5 Star rating from Google based on positive comments and reviews from their past client’s.

Do not hesitate to call Mays Law Office and request a free consultation with Attorney Lisa Pierobon Mays.  She is always happy to speak with injured Wisconsin workers who have questions about their work injury and benefits.  She will patiently review the facts and circumstances of your injury, medical treatment, and explain all workers compensation benefits available to you under Wisconsin law.  Lisa will give her thoughts and suggestions and take notes to save in the event future discussions are necessary.  When applicable, Attorney Lisa Pierobon Mays will schedule an in-office meeting with you if formal legal representation is warranted.

At Mays Law Office, Attorney Lisa Pierobon Mays is always happy to talk to injured workers at any point in the workers compensation process.  However, there are crucial moments when an injured worker should absolutely call an attorney about their injury.  These moments include:

Call Attorney Pierobon Mays if your employer does not believe that you were hurt on the job or refuses to file the accident claim with their workers compensation carrier.  In those situations, Attorney Pierobon Mays will guide you on how you can file the work injury claim on your own with your employer’s workers compensation insurance carrier.  In Wisconsin, employers are required by law to inform their insurance carriers of injuries that occur on the job or because of the job.

Call Attorney Lisa Pierobon Mays if your employer or the workers compensation insurance adjuster is dictating who and where you go for medical treatment after a work injury occurs.  In Wisconsin, injured workers are allowed to choose their own medical practitioner.  Employers and the insurance carrier like to suggest where to go for treatment, but you cannot be forced to accept their recommendations.  Regardless of where you go for medical treatment, the workers compensation insurance carrier is required to pay for your medical treatment.

Call Attorney Lisa Pierobon Mays if your employer fires you for reporting a work injury.    In Wisconsin, employers are not allowed to penalize you for claiming an injury or filing a work injury.  Being terminated will not prevent the injured worker from receiving their workers compensation benefits.  The employer’s carrier will still be responsible for covering lost time benefits and medical bills.  In those situations, Attorney Pierobon Mays will advise you how to discuss the employer’s behavior with the insurance adjuster because employers who behave this badly are likely not being honest with their insurance companies about you and your work injury.

Call Attorney Lisa Pierobon Mays if two weeks have passed since your work injury was reported and you have not received lost time benefits or your medical bills are not being paid.  In Wisconsin, the workers’ compensation carrier must be diligent in investigating your claim of injury.  If more than two weeks pass without word from the carrier, then call Attorney Pierobon Mays for assistance as your claim is likely being denied.

Call Attorney Lisa Pierobon Mays if you medically cannot work and now the workers compensation carrier is not paying you a lost time benefit.  Insurance adjusters cannot deny lost time benefits without a factual or medical basis.  They must have factual or medical support from a medical doctor to not pay you your lost time benefit.  In fact, not paying you without a factual or medical basis can give rise to a penalty claim.

Call Attorney Lisa Pierobon Mays before going to any doctor appointment organized by the workers compensation carrier, often termed an “Independent Medical Examination.”  These appointments are not independent but rather adverse to you and paid for by the insurance company, hoping to get the doctor to deny your claim and deem it not work-related.  Attorney Pierobon Mays will guide you on how to behave, suggest that you take a witness, what to document, and what to say and not say at this appointment.  Also, the carrier is required to pre-pay your roundtrip mileage before, not after, the appointment.  If not, there are consequences for the insurance carrier.

Call Attorney Lisa Pierobon Mays if the workers compensation doctor disagrees with your doctor and the insurance company stops paying for your medical treatment.  When this happens, a dispute has arisen, and you need to hire a workers compensation attorney to help fight for the recovery of benefits.

Call Attorney Lisa Pierobon Mays if the workers’ compensation carrier, or their attorney, wants you to sign a document for the release of your medical information.  In Wisconsin, the Department of Workforce Development has very specific approved forms for the injured worker to sign that allows the insurance carrier to access your relevant medical information.  It is ridiculous when insurance companies want access to your dental or mental health records for a shoulder or knee injury.  Attorney Lisa Pierobon Mays will be happy to provide a copy of the appropriate release you need to sign for releasing your medical records to the workers compensation insurance.

Call Attorney Lisa Pierobon Mays if the workers compensation carrier wants you to sign a document in exchange for a money settlement.  NEVER, NEVER sign anything before talking over the specific details of your workers’ compensation claim with Mays Law Office.  Doing so, you might be waiving future workers compensation benefits.  Attorney Lisa Pierobon Mays will review the value of your claim and indicate when/if you should settle your work injury claim.

Call Attorney Lisa Pierobon Mays if you have physical restrictions from your doctor that allows you to do some level of work but the employer refuses to offer accommodating work and now the workers compensation insurance is not paying you a lost time benefit.  When this occurs, there’s some level of miscommunication between the employer and the insurance carrier, or perhaps your claim has been denied for workers compensation benefits.  Attorney Lisa Pierobon Mays will guide you on how to communicate with the carrier and get some clarity on their position.  If a denial, then it is time to hire an attorney.  Mays Law Office specializes in advocating for injured workers.

Call Attorney Lisa Pierobon Mays if your injury is so severe and you have concerns that you will never be well enough to return to the same type of employment.  Wisconsin law includes benefits that consider scenarios like this called vocational claims.  If your injury causes permanent physical restrictions that prevent you from returning to work and making the same rate of pay, then a claim for retraining or in some situations, loss of earning capacity may apply.  These are valuable but complex claims that require an attorney’s assistance.  Attorney Lisa Pierobon Mays represents only Wisconsin injured workers.

Always feel welcome to call Mays Law Office if you have questions.  Attorney Lisa Pierobon Mays is a Wisconsin attorney that concentrates her law practice on representing only injured workers.  You will work with an attorney at Mays Law Office, not a paralegal or legal assistant.  Mays Law Office has a 5.0 Star Rating from Google based on client reviews.  This is not an easy rating that Google gives out and one that we are extremely proud of because it exemplifies the lengths we go to achieve good results for our clients.

While the workers’ compensation system was originally developed in Wisconsin to relieve the worker from the cost of hiring an attorney, that only applies to claims in a “perfect world” setting.  A “perfect world” where the insurance company has conceded or accepted the injury claim and the injured worker is getting ALL the benefits that he is entitled too, without argument, delay, or hassle from the workers compensation insurance carrier.

Rarely does this “perfect world” happen when a Wisconsin worker is injured.  The insurance company always has an eye out to deny the claim, lessen its exposure, and responsibility.  With that mindset, the insurance company looks for reasons to not pay, delay, and ultimately deny.  They have many tricks up their sleeves to either never pay or stop benefits.  They may claim that the injury never occurred at work, or that the injury is personal to you and not related to what happened on the job.  Or they may claim you did not report the injury timely, or that your rendition of how the injury occurred is a lie.  Sometimes, they just ignore you and don’t even respond to your report of injury hoping you will just go away.  Mays Law Office has seen and heard it all from workers compensation insurance carriers.  When hiring an attorney, make sure you are choosing an attorney who has years of experience advocating for injured Wisconsin workers to ensure that you are getting every benefit you are entitled to under the law.

Even if you are not quite ready to hire an attorney, at the very least, make a call to Mays Law Office for a free consultation to discuss with Attorney Lisa Pierobon Mays if you are being treated fairly and legally by the insurance company and getting EVERY monetary benefit under the law.

During most consultations, Attorney Pierobon Mays can spot concerning issues, such as advising on benefits not told to you by the insurance company.  For example, an injured worker is entitled to medical mileage reimbursement for treatment, therapy, and pharmacy runs at .51 cents a mile.  Most insurance carriers will not tell the injured worker about such reimbursement.  The injured worker simply needs to make the request for reimbursement by indicating the date and address traveled to determine mileage and the insurance adjuster has to pay.  Or perhaps, the injured worker is having her privacy violated by a workers compensation nurse showing up at her appointments and going into the examination room with her and the doctor!  Attorney Pierobon Mays will caution that the injured worker can deny such access and forbid this intrusion.  Or, oftentimes, the injured worker does not know that they get to choose their own doctor; the workers compensation representative cannot dictate medical treatment.  In Wisconsin, the injured worker chooses who they will treat with.

Often time, Attorney Lisa Pierobon Mays get calls from injured workers because they have been given notice that they must go see the workers compensation insurance doctor, termed “Independent Medical Examiner” or an “IME.  Ironically, there is nothing independent about these doctors.  These doctors are hired by the workers compensation insurance companies making thousands of dollars to help the insurance carrier review claims with a bent toward denying benefits.  These doctors do not provide medical treatment.  They see you for 15-30 minutes, at a rented facility, and ask you a few questions, all in the hopes that you will say something inconsistent or give them a bit of information to use against you.  Like, when one injured worker told the doctor that before the injury he enjoyed weight lifting.  The alleged “Independent Medical Examiner” then used this information about weightlifting to proclaim that this caused the injury and NOT the lifting of the 100 pound machine at work which caused him to drop to his knees screaming in pain.

During your initial consultation and conversation with Attorney Lisa Pierobon Mays, she will spot these troubling issues and guide you accordingly.  Such as how to interact and communicate with these IME doctors.  Attorney Pierobon Mays will quickly correct that this doctor’s appointment should be seen as an “adverse medical doctor” and not your friend or advocate.  These doctors have an understood job to act in favor of the worker’s compensation carrier which is generally not in line with an injured worker’s interest in collecting benefits.  So, while you may be getting benefits now, it is always good to have a familiar voice to call on in the event the insurance company tells you that it wants you to see their doctor/IME.  Establishing a relationship with an experienced Wisconsin worker’s compensation attorney early on will give you confidence.  Confidence that if in the future you need to hire an attorney then you have already established a relationship with Mays Law Office and confident in hiring them to advocate and collect for you.

If ultimately you do need to hire an attorney, under Wisconsin law, workers’ compensation lawyers can ONLY charge up to 20% of the amount of recovered compensation.  This attorney fee is simply deducted from your payment; therefore you do not pay attorney fees until you receive compensation for your injury or illness.  At Mays Law Office, we offer free consultations, often on the same day that you call.

Nothing can compensate you for the pain and suffering you have endured following a work-related injury, however receiving the workers compensation benefits that you are entitled to is an important step on the way back to recovery.  Lisa Pierobon Mays can help guide you through the Wisconsin workers’ compensation system, working to ensure that you file the necessary paperwork within each specific time frame.  Lisa stays involved with your claim from the moment you speak with her.  She does not turn your claim over to a paralegal to handle your claim.  Lisa stays in direct contact with you from your first contact, through your doctor appointments, to preparing your claim and you for a potential hearing, often pushing the workers compensation insurance company to make a fair settlement or defend itself at the hearing.

Lisa is not intimidated by any employer or insurance company.  She has taken on the big box retailers and nationally recognized insurance companies in advocating for her clients.  See the Mays Law Office 5-Star Google customer review rating.  Those kinds of reviews and results tell it all.

For more information about how we can help now or in the future, contact Attorney Lisa Pierobon Mays at 608-257-0440 for a free consultation.