10 Myths about Filing for Workers’ Compensation in Wisconsin

10 Myths about Filing for Workers’ Compensation in Wisconsin

by | Aug 1, 2022 | Workers Compensation

When you file for workers’ compensation in Wisconsin, it is up to you to make sure you receive the benefit you deserve. Your employer (or its insurance company) will fight your claim by all means available and will not hesitate to deny benefits if it has any grounds to do so.

As a result, when filing for workers’ compensation, you must make informed decisions. This means relying on accurate information and avoiding mistakes based on common myths about injured workers’ legal rights. Here is the truth behind 10 common myths about filing for workers’ compensation in Wisconsin:

Myth #1: Workers’ Compensation Covers You if You Are Unable to Work Due to an Injury

Truth: Workers’ compensation only covers injuries suffered in the “course of employment” for eligible employees.

One of the most common myths about workers’ compensation is that you can file a claim any time you suffer an injury that prevents you from working. While Social Security disability covers injured workers regardless of how they get hurt, workers’ compensation does not. To qualify for workers’ compensation, you must suffer your injury in the “course of employment,” and you must be an eligible employee under Wisconsin law.

Myth #2: You Must Be Doing Your Job When You Get Injured to File for Workers’ Compensation

Truth: “Course of employment” is not limited to performing your job duties.

While you must suffer your injury in the “course of employment” to qualify for workers’ compensation, this does not mean you need to do your job when you get injured. Eligible employees can also file claims for benefits when they slip on the way to the bathroom or suffer injuries in other job-related accidents.

Myth #3: Your Employer Can Tell You Where To Go for Treatment

Truth: In Wisconsin, injured workers have the right to choose their medical providers when they file for workers’ compensation.

Wisconsin law provides injured workers with the absolute right to choose their doctors when they get injured on the job. The Wisconsin Department of Workforce Development (DWD) explains, “An injured worker has the right to a first and second choice of doctors licensed to practice and practice in this state.” If your employer tries to tell you where to go for treatment, you should view this as a red flag and seek advice from a local workers’ compensation lawyer promptly.

Myth #4: You Will Automatically Receive Medical Benefits if You Get Injured on the Job

Truth: Workers’ compensation benefits are not automatic. You must file a valid claim on time and be prepared to fight for the benefits you deserve.

Workers’ compensation is a “no-fault” system in Wisconsin. This means eligible employees can obtain benefits without needing to prove the cause of their injuries (other than proving that they suffered their injuries in the “course of employment”).

However, this does not mean that you will receive medical benefits automatically. To make sure you receive these benefits, you should report your injury promptly and ensure your doctor accepts workers’ compensation insurance. As you move forward, you will need to work with your lawyer to ensure you receive the full benefits you deserve.

Myth #5: All Employees Receive the Same Workers’ Compensation Benefits

Truth: If you are eligible for workers’ compensation, your benefits will be calculated based on your medical needs, your wage or salary, and other relevant factors.

Not all employees are entitled to the same workers’ compensation benefits. To ensure you receive the full benefits you deserve, you will need to work with a lawyer who can help you obtain full medical coverage and accurately calculate your disability benefits based on the effects of your injury, your “average weekly wage,” and all other relevant factors.

Myth #6: You Aren’t Eligible for Workers’ Compensation if You Are Still Able To Work

Truth: Eligible employees can obtain medical benefits regardless of their ability to work, and partial disability benefits are available in many cases.

You do not have to be out of work to file for workers’ compensation in Wisconsin. At a minimum, you are entitled to medical benefits to cover the cost of your diagnosis and treatment. If you can only work in a limited capacity, you may also be entitled to partial disability benefits.

Myth #7: An “Independent Medical Examination” is Independent

Truth: “Independent medical examinations” are designed to help employers, and insurance companies prematurely terminate injured workers’ benefits.

After filing for workers’ compensation, your employer’s insurance company may ask you to submit an “independent medical examination.” Despite their name, these exams are not independent, and if you aren’t careful, you could lose the benefits you deserve.

Myth #8: If Your Employer Denies Benefits, Your Workers’ Comp Claim is Over

Truth: Wrongful workers’ compensation denials are common. If your employer denies your claim, you should speak with a lawyer about filing an appeal.

If your employer denies your workers’ compensation claim, you should not accept this as the outcome. Unfortunately, wrongful denials are common, and many injured workers find themselves needing to file an appeal.

Myth #9: You Don’t Need a Lawyer to File for Workers’ Compensation

Truth: While this is technically true, there are many reasons to put an experienced workers’ compensation lawyer on your side.

Although you have the option of trying to handle your workers’ compensation claim on your own, this is not your best option. There are many ways an experienced workers’ compensation lawyer can help you.

Myth #10: Hiring a Workers’ Compensation Lawyer in Wisconsin is Expensive

Truth: Hiring a workers’ compensation lawyer costs nothing out of pocket and hiring an experienced lawyer can help maximize your take-home recovery.

When you seek legal representation for your workers’ compensation claim, an experienced lawyer will only take your case if the lawyer believes he or she can help maximize the amount you take home. You should not have to pay anything out of pocket and should not incur any legal fees unless your lawyer helps you collect benefits.

Request a Free Consultation with a Madison Workers’ Compensation Lawyer

Do you need to know more about filing for workers’ compensation in Wisconsin? If so, we encourage you to contact us promptly. For a free and confidential consultation with an experienced Madison workers’ compensation lawyer, call 608-257-0440 or tell us how we can reach you online now.

Wisconsin Recognizes Injuries Occurring in the “Course Of Employment”

Wisconsin Recognizes Injuries Occurring in the “Course Of Employment”

by | Jul 12, 2022 | Workers Compensation

FOR THE RECOVERY OF WORKERS COMPENSATION BENEFITS, WISCONSIN RECOGNIZES INJURIES OCCURRING IN THE “COURSE OF EMPLOYMENT”

For an injury to be covered for workers compensation benefits in Wisconsin, it must have occurred in the “course of your employment.” This means that the time, place, and circumstances under which the accident takes place must be considered.  It is liberally construed to favor all service that can in any sense be said to reasonably come within it.  This is good since so many of us have unconventional work settings and hours working from our homes, satellite offices, and cars.  Now more than ever, what the “course of employment” includes can be confusing.

WHAT DOES “COURSE OF EMPLOYMENT” MEAN?

According to Wisconsin Statute sec, the course of employment is determined by whether or not the injury occurred while the employee was performing a service growing out of and incidental to her employment.  102.03(1)(c ).  The most recognizable work injuries occur at or on the worksite, under the employer’s business roof, like in factories or office settings.  But what about when an employee is hurt on the job, but it occurs away from the traditional worksite?  The course of employment is read broadly to include many job situations and sites, such as the employee who slips and falls and injures his knee in the employer’s designated parking lot, even if the injury occurred before or after the shift.  Being in the designated parking lot is enough to be considered in the course of employment.

DOES MY INJURY HAVE TO OCCUR WHILE I AM WORKING?

The Wisconsin injured worker does not have to be in work mode to recover workers compensation benefits.  Consider the employee of the worksite to run an errand directed by the employer.  If the employee has a motor vehicle accident with injury while picking up lunch for the company lunch meeting, their injuries will be deemed during employment.  The act of picking up the lunch furthered the interest of the employer, who directed a meeting over the lunch hour.

Other company get-togethers can also fall under the course of employment even if they appear recreational or party-like.  If the get-together is mandated, authorized, or directed by the employer, then injury occurring during it can be considered during employment.

IF I GET HURT AT HOME WHILE WORKING, CAN I GET WORKERS COMPENSATION BENEFITS?

During the Covid pandemic, we saw employees working from their homes more often.  An injury occurring at home, such as a fall resulting in an injury when taking the trash out to the curb for pickup, can be considered during employment.  This may seem surprising but think of it this way, the trash that was collected was, in part, because the injured employee works full hours from home, and has work equipment in their homes, such as a computer, files, desk, printer, and shredder.  The trash accumulating in the house is like trash in a work or office setting.  Ultimately, it will be a covered injury for Wisconsin workers compensation benefits if working from home was necessary for the employer rather than a complete convenience for the employee.

IF I GET HURT WHILE TRAVELING FOR WORK, CAN I GET WORKERS COMPENSATION BENEFITS?

Injury to traveling employees, like those in sales, who suffer an injury during their travels, will be covered by Wisconsin worker’s compensation benefits, even if the injury occurs during off-hours.  Consider the traveling employee who meets with a client or co-workers for drinks after the workday and suffers a concussion due to a fall in the bar/restaurant.  This period of deviation will still be considered in the course of employment as long as the deviation is not purely private or personal to them.  It is generally accepted in Wisconsin that casual encounters with a co-worker or client while on a business trip are still in the course of employment.

IF I GET HURT WHILE TAKING A BREAK AT WORK, CAN I GET WORKERS COMPENSATION BENEFITS?

Wisconsin recognizes that during a workday, employees will need moments or brief pauses from their duties to handle the various necessities of life and personal needs, such as using the restroom.  This is called the personal comfort doctrine.  Technically, the employee is not performing services for the employer. However, these breaks in the workday are justified because the employer receives an indirect benefit where their employees are personally comfortable.  Therefore, such deviations still fall into the course of employment category.   So, lunch and coffee breaks, smoking, and leaving the workstation for a drink of water or some fresh air while on the employer’s premises are not a deviation from consideration of being in the course of employment.

IF I GET HURT WHILE RELAXING OR PLAYING AROUND AT WORK, CAN I STILL GET WORKERS COMPENSATION BENEFITS?

What about those situations where employers allow or even encourage frivolity in the work setting, such as ping-pong, darts, tossing the football, or a round of basketball during work hours?  Will injury occurring during such horseplay be covered for workers compensation benefits in Wisconsin?  The answer is a cautionary Yes, but the level of such horseplay needs to be considered.  The true answer will be situational with every case.  A review of the extent to which the practice or nature of the horseplay has or had become an accepted, or even expected, part of the employment must be analyzed.  So, if a lunchtime altercation breaks out during a game of darts and one co-worker intentionally throws a dart directly at another co-worker, causing injury. It is unlikely that workers’ compensation benefits will cover the such injury.  But if it is well-known and accepted that dock workers regularly throw around the football during slow periods of shipping and receiving, and a traumatic torn rotator cuff injury results, then this will likely be considered in the course of employment for workers compensation coverage.

SO, IS EVERY INJURY OCCURRING AT WORK COVERED BY WORKERS COMPENSATION?

Not every injury during work hours or in the workplace is compensable for workers’ compensation benefits in Wisconsin.  For instance, injury resulting from an idiopathic fall will not be covered for benefits.  Idiopathic is an injury that arises spontaneously for which the cause is unknown.  So, a Wisconsin injured worker who describes their fall at work as occurring without reason or explanation will be considered idiopathic and personal to them.  It occurs most often when the employee is walking and falls for no known reason.  It will be considered that the fall occurred due to their condition and not related to any condition, danger, or circumstance arising from the work or workplace.

Remember that every injury has its specific set of facts and nuances.  Feel comfortable and welcome to contact Attorney Lisa Pierobon Mays at Mays Law Office (608)257-0440/www.mayslaw.net to describe your situation for a free consultation.

What Are My Rights if I Slipped and Fell at Work in Wisconsin?

What Are My Rights if I Slipped and Fell at Work in Wisconsin?

by | Jul 1, 2022 | Workers Compensation

What Are My Rights if I Slipped and Fell at Work in Wisconsin?

Slip and fall accidents are among the leading causes of job-related injuries according to the National Safety Council (NSC). The NSC’s data indicate that 18% of all non-fatal work injuries result from slips, trips, and falls, with “floors, walkways, [and] ground surfaces” being to blame for 11% of all non-fatal workplace accidents.

So, what are your rights if you slipped and fell at work in Wisconsin?

The answer to this question depends on two main factors. The first is whether you are eligible for workers’ compensation. The second is what caused you to slip and fall.

Workers’ Compensation for Slip and Fall Accidents in Wisconsin

If you were injured in a slip and fall accident at work, you will want to find out if you are eligible to file for workers’ compensation . Workers’ compensation covers job-related accidents and injuries with only a few limited exceptions. As long as your slip was an accident (i.e., you did not intentionally try to hurt yourself), you weren’t intoxicated, and you weren’t engaging in horseplay, your accident should be covered as long as you are eligible to file.

A key aspect of workers’ compensation in Wisconsin is that it covers employees’ job-related injuries on a “no fault” basis. This means that you do not need proof of employer fault to file a claim. If you slipped and fell at work and you are an eligible employee, this is enough to establish your right to benefits.

When you have a workers’ compensation claim, the benefits you can collect depend on the severity of your injury. If you need medical attention but are able to return to work immediately (or within three days), then you are entitled to medical benefits only. However, if you are forced to miss work for four days or longer, then you may be entitled to receive temporary disability benefits as well. These benefits provide coverage for up to two-thirds of your lost wages (depending on your current weekly income) until you are able to return to work.

If your injuries are severe, you may qualify for vocational rehabilitation services through workers’ compensation as well. These additional benefits allow you to see a certified vocational rehabilitation specialist who can help you regain your strength and mobility if necessary.

Seeking Additional Compensation for a Slip and Fall Accident at Work

While workers’ compensation is a “no fault” system, many slip and fall accidents result from a property owner’s or business’s fault. If a company is to blame for your injuries, you may have a claim for additional compensation outside of workers’ comp.

With that said, if you are eligible for workers’ compensation, you probably can’t sue your employer. Employers that comply with Wisconsin’s workers’ compensation law are generally immune from employee lawsuits for personal injuries. However, if your employer wrongfully denies your claim, then you can (and should) take legal action to enforce your rights.

Fortunately, most employers lease their facilities from other companies, and property owners are not protected against lawsuits from their tenants’ employees. So, if you slipped and fell because of a property-related issue at work, there is a reasonable chance that you could have a claim outside of workers’ compensation.

Proving this type of “premises liability” claim is much more involved than proving a workers’ compensation claim. You need to be able to prove that the property owner was negligent, and you need to be able to prove that its negligence caused your slip and fall accident. But, since it is possible to recover far more through a premises liability claim than you can recover through workers’ compensation (if you were seriously injured), it is well worth discussing this option with your lawyer.

Additional Factors that May Impact Your Legal Rights After a Workplace Slip and Fall Accident

While your workers’ compensation eligibility and the cause of your accident are the two main factors that determine your legal rights after a slip and fall accident at work, there are other factors that will impact your legal rights as well. Some examples of these factors include:

  • How Soon You Reported Your Slip and Fall Accident At Work – Under Wisconsin law, you must report your accident to your employer within 30 days in order to remain eligible for workers’ compensation benefits. Reporting your accident promptly can also help with proving that you have a premises liability claim.
  • How Soon You Sought Medical Treatment After Your Accident – Seeking medical treatment promptly is important as well. The sooner you seek treatment, the easier it will be to link your injuries to your slip and fall accident.
  • Whether Your Doctor Accepts Workers’ Compensation – While Wisconsin law allows you to see your own doctor when you have a workers’ compensation claim (this isn’t the case in other states), you need to see a doctor who accepts workers’ compensation insurance. If you didn’t see a doctor who accepts workers’ comp, you may need to choose another provider for the remainder of your care.
  • What Evidence is Available – While workers’ compensation provides “no fault” benefits, you still need evidence that you got hurt at work. If you have a premises liability claim as a result of your slip and fall accident, you will need evidence of the property owner’s negligence and the total costs of your injuries as well.
  • Whether You Hire a Lawyer to Represent You – Given all of the rules that apply and the challenges involved in filing a successful claim, it is best to hire an experienced lawyer to represent you. Your lawyer will be able to assist with all aspects of asserting your legal rights—from proving your workers’ compensation eligibility to calculating the long-term costs of your injuries.

Discuss Your Workplace Slip and Fall Accident with a Madison Workers’ Compensation Lawyer

Were you injured in a slip and fall accident at work in Wisconsin? If so, we encourage you to contact us for a free, no-obligation consultation. To discuss your legal rights with Madison workers’ compensation lawyer Stephen E. Mays in confidence, call 608-257-0440 or request an appointment online today.

What Types of Accidents Does Workers’ Compensation Cover in Wisconsin?

What Types of Accidents Does Workers’ Compensation Cover in Wisconsin?

by | Jun 20, 2022 | Workers Compensation

We recently published an article discussing the types of injuries that qualify for workers’ compensation coverage in Wisconsin. In that article, we emphasized the fact that eligibility for workers’ compensation benefits is primarily based on your employment status and the cause of your injury—rather than the nature of your injury itself. To follow up on that discussion, this article focuses on the types of accidents that workers’ compensation covers under Wisconsin law.

Workers’ Compensation Covers On-the-Job Accidents

While some states allow eligible employees to collect workers’ compensation benefits for injuries they suffer on personal time, workers’ compensation only covers on-the-job accidents in Wisconsin. If you got injured on personal time you are not eligible to file for workers’ comp—even if your injury prevents you from working (you may, however, qualify for Social Security disability (SSD) or other benefits).

To qualify as an “on-the-job” accident, an accident does not have to involve your specific job duties. As long as you were on the clock and acting within the scope of your employment, most types of accidents will qualify. This means, generally speaking, eligible employees in Wisconsin can seek workers’ compensation benefits for accidents ranging from industrial equipment and power tool accidents to slip-and-fall accidents on the way to the bathroom.

When isn’t an accident covered under workers’ compensation in Wisconsin? Aside from being ineligible for benefits (i.e., if you are an independent contractor instead of an employee), your accident might not be covered if:

  • You were injured while commuting. As the Wisconsin Department of Workforce Development (DWD) explains, “Usually, the only time an employee can be compensated for an injury which happens on the way to or from work is if it occurs on company-owned property, or under conditions cited in the law.”
  • You were injured off-premises during a break. “Generally, an employee who is injured at work while attending to personal needs, such as smoking, eating, getting refreshments or going to the lavatory, is paid worker’s compensation. Injuries off the employer’s premises during a break or lunch hour are usually not covered.”
  • You were running a personal errand. “[A]n employee who while driving on the job runs a private errand and deviates from the ordinary driving route would not be compensated.”
  • You initiated horseplay. “The circumstances surrounding horseplay or fighting determine[] if an injured worker should be compensated. If the injured employee started the horseplay or was the aggressor in the fight, it is unlikely that the employee will be paid compensation.”
  • You intentionally injured yourself. “The law provides that if an injury is intentionally self-inflicted, it is not compensable.”

Otherwise, most types of job-related accidents can qualify for workers’ compensation benefits in Wisconsin. This includes accidents both on and off company property.

Common On-the-Job Accidents Covered Under Workers’ Comp

Now that we’ve covered the types of accidents that aren’t eligible for workers compensation, when can you file a claim for benefits? Some of the most common types of on-the-job accidents covered under workers’ comp in Wisconsin include:

Slips and Falls

Slips and falls are among the leading causes of job-related injuries across all occupations. If you slipped and fell at work, this type of accident generally qualifies for workers’ compensation benefits. Again, this is true whether you were performing your job duties or you were walking to your office, to the cafeteria, or to the bathroom.

Hand Tool and Power Tool Accidents

Hand tool and power tool accidents also generally qualify for workers’ compensation benefits. Another important point to clarify is that workers’ compensation provides coverage regardless of the cause of an accident (with some exceptions, such as horseplay, as discussed above). So, even if you accidentally injured yourself with a hand tool or power tool, you can still file a claim for benefits.

Industrial Equipment and Machinery Accidents

Accidents involving forklifts, presses, assembly lines, and other types of industrial equipment and machinery are covered under Wisconsin’s workers’ compensation law. As long as you are a covered employee (which most industrial workers are), your accident should be covered unless a specific exception applies. 

Lifting, Bending, and Twisting Accidents

You don’t have to be injured in a major accident to qualify for workers’ compensation benefits. Lifting, bending, twisting, and other similar types of accidents resulting in soft tissue damage or lower back pain also generally qualify for coverage.

Vehicle Collisions

As we mentioned above, you don’t have to be at the office or on the jobsite to qualify for workers’ compensation benefits. If you were injured in a vehicle collision within the scope of your employment, you can file for workers’ compensation based on the injuries you sustained in the collision.

Electrocutions

Electrocutions are also common jobsite injuries. While these accidents often result from coworkers’ or subcontractors’ negligence, you don’t need to be able to prove negligence to file a successful claim for workers’ compensation benefits.

Exposure to Harmful Fumes, Substances, or Fire

Exposure incidents involving hazardous materials, dangerous particulates, harmful fumes, and fire all fall under workers’ compensation in Wisconsin. If you were injured in any of these types of incidents while working—whether on your employer’s premises, at a customer’s property, or on the road—you may have a claim for workers’ comp benefits.

These are just examples. If you were injured in any type of job-related accident, you should speak with a lawyer about your legal rights. You should also talk to a lawyer if you think you might not qualify for workers’ comp. Even if you don’t have a claim for workers’ compensation benefits, you may still have other options for recovering your medical bills, lost earnings, and other accident-related losses.

Schedule a Free Consultation with Madison Workers’ Compensation Lawyer Stephen E. Mays

Do you have questions about filing for workers’ comp benefits in Wisconsin? If so, we encourage you to contact us for more information. To schedule a free, no-obligation consultation with Madison workers’ compensation lawyer Stephen E. Mays, please call 608-257-0440 or tell us how we can reach you online today.

What Does a Workers Compensation Lawyer do in Wisconsin?

What Does a Workers Compensation Lawyer do in Wisconsin?

by | Jun 13, 2022 | Workers Compensation

A Wisconsin workers compensation lawyer practices a very specialized area of personal injury.  It involves an injury that occurs to the body occurring in the workplace.  In Wisconsin, the body of law governing this type of injury can be found in the Workers Compensation Act under Chapter 102 of the statutes.  If you are employed, meaning you receive a paycheck and have taxes withheld, then an employer-employee relationship exists.  If during such employment you are hurt in the course and scope of this employment then your injury will be covered under an insurance policy purchased by your employer, known as workers compensation insurance.  Injuries occurring in the course and scope of your employment need to be timely reported and medical treatment sought.  The benefits available to an injured worker are (1) lost time (termed TTD or TPD) if you miss work due to the injury either because you are totally unable to work, or you have physical restrictions from doing your full work and the employer does not offer you accommodating work.  Also, all your (2) medical treatment and (3) medical mileage required to attend medical appointments should be paid/reimbursed to you in the amount of .51 cents a mile.  Another benefit paid to an injured worker is (4) disability for permanent, long-lasting injuries (termed PPD) that affect you physically and/or mentally.  Lastly, (5) claims can be made for losses in future earnings, or vocational claims for future retraining if unable to return after an injury to comparable paying work.

What is the benefit of hiring a workers compensation lawyer?

The Wisconsin Workers Compensation Act is about 250 pages long and very technical; it takes years for an attorney to confidently practice this area of the law.  Hiring a workers compensation lawyer ensures that you are getting every benefit you are entitled to under this law.  A Wisconsin lawyer who dedicates their practice to representing injured workers knows the intricacies necessary to develop the claim from building evidence, to meeting deadlines, completing and filing appropriate documentation, undertaking the necessary communication and appearances with the workers compensation insurance carrier and Wisconsin Department of Workforce Development in presenting/arguing the work injury claim at a hearing, or negotiating the claim for settlement with the insurance carrier.  The process can be intimidating and stressful.  The injured worker is better served concentrating their time, attention, and energies in healing than trying to act as their own attorney.

How much does it cost to hire a workers compensation lawyer and who pays the attorney fee?

In Wisconsin, hiring a workers compensation lawyer is done on a contingency fee basis.  This means that the attorney is paid contingent upon the injured worker getting paid.  According to the Wisconsin Workers Compensation Act, an attorney can take no more than 20% of the amount recovered for the injured worker, but it cannot include amounts for the recovery of the medical expenses.

It is wrong to think that hiring an attorney on a contingency fee basis is “free” because ultimately at the end of the case, the monies come out of the proceeds recovered for the injured worker.  But, keep in mind, if the injured worker’s claim has been denied then no money is being received by the injured worker.  So, hiring a workers compensation attorney is a very good investment where the injured worker invests/pay nothing at the beginning of their case and the attorney only gets paid if/when the client gets paid.  The injured worker gets a check directly from the insurance carrier and their attorney gets a check at an 80/20% split.

What is the difference between going to a Hearing versus a Settlement in workers compensation?

A Hearing involves a presentation of the facts, medical evidence, and testimony to a Wisconsin Department of Workforce Development Administrative Law Judge who will make a legal determination as to the work-relatedness of a work injury and award past and future workers compensation benefits.  Such a determination can be appealed by either side to the Wisconsin Labor & Industry Review Commission.  The Hearing generally lasts no more than one day and involves direct cross-examination of the injured worker and other relevant witnesses.  Exhibits are entered into the record as evidence, such as medical records and reports from supporting and opposing doctors.  Ultimately, it is the injured workers opportunity to formally present their work injury claim to an adjudicator who will make a legal determination either awarding or denying benefits, in whole or in part.

A Settlement involves an offer of money from the workers compensation insurance carrier to the Wisconsin injured worker to settle their workers compensation injury claim short of going to a formal hearing.  It involves a reduced or discounted amount of money compared to what the injured worker could potentially get awarded at the hearing, if victorious in everything pled and argued.  The majority of Wisconsin workers compensation injury claims settle because a good outcome at the hearing is never guaranteed for either side.  Even good outcomes at the hearing can and likely will be appealed by the losing party, thereby delaying any monetary recovery and costing money due to prolonged litigation.

How long does it take to get the money after a workers compensation settlement?

If a settlement between a Wisconsin injured worker and workers compensation insurance company is achieved, then paperwork in the form of an Agreement will be created describing the terms as either a Full and Final Compromise Agreement or a Limited Compromise Agreement.  Such an agreement is signed by all the parties, and their attorneys, and then presented to the Wisconsin Department of Workforce Development for approval from an administrative law judge.  The Administrative Law Judge (a/k/a ALJ) reviews the Agreement ensuring that it meets certain perimeters and requirements dictated by the Wisconsin Workers Compensation Act and Department policies.  If approved, the Agreement is then turned into a written Order which is dated and signed by an ALJ.  The insurance company then has twenty-one (21) days from the date of the Order to get the settlement monies in the mail or electronically transferred to the injured worker.

What to Expect When Meeting With a Wisconsin Workers Compensation Attorney

What to Expect When Meeting With a Wisconsin Workers Compensation Attorney

by | Jun 1, 2022 | Workers Compensation

You’ve been hurt at work, and you have questions for a Wisconsin attorney who practices workers compensation.  At Mays Law Office, we offer free consultations to answer all your questions.  If your worker’s compensation claim has been denied, then it is time to hire an attorney.  Make sure that you hire an attorney who concentrates their law practice representing injured Wisconsin workers.  In preparing to meet with such an attorney, it will be helpful to know what to expect at your first meeting.

Let’s Meet!

At Mays Law Office, you will meet with our attorney, Lisa Pierobon Mays, who concentrates her practice advocating for injured workers.  Be prepared for the meeting to last 1.5 to 2 hours long as generally there is much to discuss to learn about you and your work injury.  For instance, at the start of the meeting, basic information will be gathered, such as your contact information – address, cell/text number and E-Mail address.  Also identifying information, such as your date of birth and social security will be requested.

Tell us about you

Quickly, Attorney Pierobon Mays will get to the heart of the matter and ask about your employer, their address, dates of employment, your job title and duties, hours worked, and wage/earnings history.  Work attendance, pre-existing physical and health issues, quality of life/hobbies information will be important for Lisa to know to get a picture of what your life was like prior to suffering the work injury.

How were you hurt?

The meeting will then center around the details of your actual work injury – date, time, location, and a detailed description explaining how the injury occurred and what part(s) of your body were affected and hurt.  A vivid memory of the events leading up to and actual moment of your injury will be very important to describe to Attorney Pierobon Mays.  Environmental details will be important too, such as the weather, lighting, condition of the floor, surroundings, and witnesses who saw your injury or came to your aid at the time of the injury.

How has the injury affected you?

The discussion will then move to questions as to the pain and symptoms that you felt and suffered after the injury occurred.  Did bleeding, bruising, swelling, broken bones, loss of consciousness occur?  What was your response to such pain?  Did you cry, scream, sit in stillness, lay down, seek help?  Also, what was the response of those around you and your employer, meaning were you moved to a safe place, given ice or pain medication, was an ambulance called, and was an incident report timely completed by your supervisor/employer?

Your behavior and condition after the injury is very important for Attorney Pierobon Mays to understand because too often claims are denied by the workers compensation insurance company because the injured worker failed to timely inform their employer of the injury, or made light of it to other co-workers or supervisor.  In doing so, it may be presumed that the injury was not significant which can undermine an injured workers credibility.  Understanding what was your response/behavior after the injury is crucial, such as did you continue working your usual job and finish your shift, or did you immediately seek medical treatment?

Having you review your cell phone and retrieving text messages and E-Mails pertaining to the injury will be considered at this meeting.  Also, looking for pictures of the injury scene and your injuries will be helpful to your case.

Who has medically treated you?

Your post-injury medical treatment will be an important discussion. Bring all personal notes, calendars & journals, medical receipts, and medical records to our meeting so that we can recreate your medical timeline. Documenting where and when you treated medically is important because medical records and billing itemizations will have to be retrieved as part of the litigation of your claim.  Names of providers, dates, medical procedures and surgeries, prescriptions, physical restrictions, ongoing symptoms and complications along with improvements will all be well documented in your medical records.  These medical records will tell the story of your injury and how it progressed.

How are you feeling now?

How you are doing in the present will also be discussed.  Are you still seeking medical treatment?  Has your specialist released you from treatment, and if so what is your long-term prognosis?  Do you have permanent physical restrictions preventing you from returning to work or finding new employment?  If so, an understanding of your educational and employment history will be something to discuss to determine what claims to pursue.  It is at this point in the meeting that a strategy will be determined in terms of timing and benefits to pursue on your behalf.

How has the workers compensation carrier treated you?

Questions regarding your communications with the workers compensation insurance carrier will also be reviewed.  Bring all correspondence received from the carrier as it will have the name and contact information of the Adjuster handling your file.  If you gave the insurance carrier a verbal statement about the details of your injury, then Attorney Pierobon Mays will want to request a written transcript of it.  Attorney Pierobon Mays will also want to know what position the insurance company is taking regarding your claim.  Are they accepting, denying, or investigating it in whole or in part, and what is the basis for their position?  Is it supported by a report of an IME?  If so, make sure to bring this correspondence and report to our meeting.  Also, bring check stubs for benefits paid to you for lost time or disability (a/k/a TTD, TPD, PPD), medical treatment bills, and medical mileage reimbursement.

Have you received financial help from others?

Attorney Pierobon Mays will also need to know if you received any supplemental income or benefits from third parties, such as private short-term disability, private medical insurance (like an HMO), Wisconsin Unemployment Compensation, SSDI, Medicare, or State Medicaid.  Careful attention to any potential liens will have to be considered to protect you from future claims requesting reimbursement back.

Let’s get moving?

At the end of your meeting with Attorney Lisa Pierobon Mays, she will present you with a packet of forms that will need to be completed to hire her as your attorney.  She will go over each of the forms with you and help you complete them at her office.  Any and all questions will be answered, and concerns addressed.  The timeline and strategy of your claim will be finalized and reviewed for your understanding and approval.  Lastly, your claim will not be transferred to another attorney or a paralegal.  Attorney Pierobon Mays will handle every aspect of your file from the beginning of this first meeting through the end of litigation.

So, it is good to have an understanding of what to expect when meeting with a Wisconsin workers compensation attorney because it will make the meeting so much more productive and effective for everyone.  Knowing what is expected of you will give you confidence and lessen your anxiety.

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