You were injured on the job. You are facing unexpected medical bills, and you are going to fall behind on your other bills while you are unable to work. You are facing serious financial consequences, and you need to make sure you protect yourself and your family as best you can.

What should you do?

While you are facing a difficult situation, it is important to understand that employees and other workers in Wisconsin have clear legal rights. Depending on your individual circumstances (including how you got injured), you may have various options for seeking to recover your medical bills and other losses.

Understanding Your Legal Options After an On-the-Job Injury in Wisconsin

When you are facing the financial consequences of an on-the-job injury in Wisconsin, your legal rights depend on two primary factors: (i) your employment status; and, (ii) how you got injured.

Your employment status is important for determining your eligibility to file for workers’ compensation benefits. As a general rule, employees are eligible to file for workers’ compensation in Wisconsin, while independent contractors are not. If you receive a regular paycheck and a W-2 at the end of the year, you are an employee. If you aren’t sure whether you are an employee, a lawyer at our firm can provide a comprehensive assessment of your legal rights.

How you got injured is important for determining your legal rights outside of workers’ compensation. While employees generally can’t sue their employers when they provide workers’ compensation coverage, employees (and independent contractors) can sue other parties that are responsible for their on-the-job injuries. Regardless of whether you are eligible for workers’ compensation, if a third party is responsible for your on-the-job injury, you may have grounds to file a lawsuit.

With this in mind, the following are the primary options for seeking coverage for the financial costs of an on-the-job injury in Wisconsin:

1. Filing a Workers’ Compensation Claim

If you are an eligible employee, you can (and should) file a workers’ compensation claim. Workers’ compensation is a “no fault” system in Wisconsin, which means that your employer does not need to be at-fault for your injury in order to be liable for your injury-related costs.

With that said, there are still challenges involved in filing a successful workers’ compensation claim, and this makes it important to have an experienced lawyer on your side. While there are no guarantees, an experienced workers’ compensation lawyer will be able to help ensure that you are seeking the full benefits you deserve, and your lawyer can help protect your ability to challenge a wrongful denial or premature termination of benefits if necessary.

In Wisconsin, workers’ compensation covers:

• Medical costs from the day you suffer an on-the-job injury; and,
• Up to two-thirds of your lost income if you miss four or more days from work.

Eligible employees can obtain vocational rehabilitation and retraining benefits in some cases as well. Again, an experienced workers’ compensation lawyer can help you understand the benefits you are entitled to receive and help ensure that you do not settle for less than you deserve.

2. Suing to Secure Workers’ Compensation Benefits if Necessary

If your employer (or its insurance company) denies your workers’ compensation claim, this is not the end of the process. If you are entitled to benefits, you can (and should) keep fighting.

There are several steps in the process of appealing a wrongful workers’ compensation denial. Initially, workers who need to fight for benefits must go through the Division of Workforce Development’s alternative dispute resolution (ADR) process. If this does not result in a favorable outcome, workers can then file an appeal with the Labor and Industry Review Commission (LIRC). Finally, if workers cannot secure benefits through the LIRC, they can then sue for their benefits in court.

While navigating this process can be challenging, if you are entitled to benefits, it is important that you fight for the full benefits you deserve. In this scenario, you can hire an experienced workers’ compensation lawyer to represent you at no out-of-pocket cost. If your lawyer helps you secure benefits through ADR, the LIRC, or in court, your legal fees will be calculated as a percentage of the benefits your lawyer helps you recover. If you do not receive the benefits you deserve, you will owe nothing.

3. Filing a Personal Injury Lawsuit Outside of Workers’ Comp

Employees and independent contractors can both file personal injury lawsuits for on-the-job injuries in some cases. While employees generally can’t sue their employers (although there are exceptions), all workers can sue third parties that are to blame for their injuries. Some examples of potential grounds to sue for an on-the-job injury in Wisconsin include:

• Property hazards (i.e., slip-and-fall risks and other dangerous property conditions)
• Dangerous and defective products (i.e., defective tools, equipment, and machinery components)
• Negligent driving (i.e., driving while distracted, speeding, or running a stop sign)

While filing a personal injury claim for an on-the-job injury occasionally means going to court, most of these claims are resolved through the insurance process—just like workers’ compensation. If you have a personal injury claim, you can hire a lawyer at no out-of-pocket cost in this scenario as well, and you can rely on your lawyer to help ensure that you are seeking the maximum compensation available.

Understanding your legal rights after an on-the-job injury is not easy. But, it is extremely important—especially if you were seriously injured and are facing extended time off from work. Our lawyers can explain everything you need to know about seeking compensation, and we encourage you to contact us for a free consultation today.

Schedule a Free Consultation with a Madison On-the-Job Injury Lawyer Today

Do you need to know more about your legal rights after suffering an on-the-job injury in Wisconsin? If so, we’re here to help. To speak with an experienced Madison on-the-job injury lawyer in confidence as soon as possible, call us at 608-305-4518 or tell us how we can help online now.

When Compassion Costs You: A Young Manager’s Injury, Walmart’s Silence, and the System That Failed Her

In the American workplace, we’re taught to be team players — to show up, follow the rules, look out for our coworkers, and do what’s right, even when it’s inconvenient. We’re taught that if we work hard, stay loyal, and lead with integrity, we’ll be protected and valued in return.

But what happens when that promise is broken?

Let me tell you a story.

She’s just 26 years old. A young woman working in Wisconsin and a proud employee of Walmart, one of the largest employers in the country. Since 2020, the year of Covid, she has poured herself into her job and rising through the ranks to become an assistant manager. She worked long hours, helped customers, coached employees, met the metrics, and followed the handbook down to the letter.

She didn’t just clock in and out. She cared. She believed in her work. She believed in leadership by example. She always went the extra mile for Walmart.

And in early October 2025, when a fellow Walmart employee, an 18-year-old male, suffered a serious injury on the job, she did what any responsible leader would do: she followed policy and helped him.

The young man had a severe cut to his thumb. Walmart policy clearly states that managers are to escort injured workers to the emergency room. She didn’t hesitate. She put him in her personal vehicle and drove him to the hospital, trying to reach his parents along the way. They couldn’t be contacted. Without her, he would be all alone.

He was scared. He was just a teenager. And she stayed by his side because that’s what leaders and decent people do.

Once in the ER, the situation became more serious. His wound required stitches. The pain was intense. A long, intimidating 4-inch needle was prepared to numb his hand for treatment. The sight of it was overwhelming, even for adults. She gently told him to look away so he wouldn’t panic. She did the same, trying to be strong for him.

And then…. everything went black.

She woke up on the floor. Disoriented. Bleeding. In intense pain.

She had fainted, likely due to a vasovagal response – a sudden drop in blood pressure caused by the emotional and physical stress of the moment. Her face had struck the hard hospital floor. Her chin was bleeding. Her tooth was cracked. And her jaw?

It was fractured.

Let’s stop here for a moment.

She was injured on the job, while following company policy, while caring for another employee. And yet, the system that should have protected her didn’t.

Despite a doctor’s explanation that her reaction was physiological and directly tied to the events in the ER, her worker’s compensation claim was denied.

Why?

Because Walmart’s self-insured workers’ compensation carrier, Claims Management Inc. claimed her injury was idiopathic — meaning “personal,” “unrelated,” and “unexplained.” As if the injury occurred in a vacuum. As if she wasn’t there because of Walmart’s own policy. As if her broken jaw magically happened while she was just casually strolling by.

Let’s be very clear: she didn’t faint at home. She didn’t collapse in a grocery store on her day off. She passed out on the hospital floor in the act of performing her work duties, protecting a minor employee, and demonstrating extraordinary compassion.

But now, she’s the one who’s alone. No compensation. No paid time off. No help with her growing medical bills. No acknowledgment of her sacrifice.

Walmart can’t point the finger at CMI and claim that it did not know because CMI is Walmart’s third-party administrator (TPA). Claims Management, Inc (CMI) deals with all personal injury and workers comp claims filed against Walmart. Claims Management IS Walmart’s own insurance adjuster. CMI does everything that is necessary to monitor and manage all claims against Walmart. Though CMI is a separate entity, dealing with it is basically dealing with Walmart itself.

Back to our 26-year-old injured Walmart manager…. She spent the next eight weeks recovering, unable to eat properly or speak without pain. The swelling in her face was intense. And she may now require surgery to realign her jaw. She has mounting medical costs subject to co-pays and deductible and emotional trauma from a fall she never could have predicted. All from doing exactly what she was supposed to do.

And to make matters worse, she’s now been forced to hire a lawyer. Not because she’s chasing a payday but because she’s fighting for basic human dignity.

This is not just about one employee. This is about every worker in America who’s told to “be a team player” but then is thrown under the bus when things go wrong. It’s about a system that expects total loyalty but offers none in return. It’s about companies that ask you to bleed for them, literally, and then turn their backs the moment you need them to care.

Walmart is one of the richest companies in the world. It can afford executive bonuses, PR campaigns about community values, and polished ads about “family.” But when a real-life example of bravery, leadership, and compassion unfolds in one of its own stores, it buries the story under red tape and legal jargon.

Where is the humanity?

Where is the accountability?

Where is the justice for a young woman who didn’t ask for anything. She just did the right thing, and paid a painful price for it?

If this story makes you angry, it should.

Because this is what happens when our systems value policy over people, profit over protection, and technicalities over truth.

So what can we do?

• Speak up. Share this story. Don’t let it get lost in the noise.
• Hold companies accountable. Demand that worker’s compensation serve its true purpose: protecting those who are injured in service of their job.
• Support legislation that stops companies from self-insuring without oversight or recourse.
• Remember this story the next time you hear a company claim “our employees are our greatest asset.”

Because a real asset isn’t discarded when it becomes inconvenient.

To the young manager in Wisconsin: You are not alone. Your story matters. Your courage matters. And what happened to you is not okay and Attorney Lisa Pierobon Mays and Mays Law Office are here to protect you.

To Walmart: Do better.

And to everyone reading this — don’t wait until it happens to someone you love. Demand a world where loyalty is respected, workers are protected, and compassion isn’t punished.

If you have been injured on the job in Wisconsin, filing a successful workers’ compensation claim could be critical for avoiding financial strain during (and after) your recovery. While your medical bills and lost wages will add up quickly, if you are eligible to file for workers’ compensation, you can seek coverage for these costs—both now and in the future.

With this in mind, is it okay to try to handle your workers’ compensation claim on your own? Or, do you need to hire a lawyer to represent you?

You Will Want to Have an Experienced Workers’ Compensation Lawyer on Your Side

Technically, it is fine to try to handle your workers’ compensation claim on your own. You are not required to hire a lawyer to represent you, and you are well within your rights to try to navigate the process yourself. Many injured workers take this approach—typically because: (i) they have concerns about the costs of hiring a lawyer; or, (ii) they don’t realize that they can engage legal representation.

Unfortunately, many of these injured workers also end up with far less than they deserve.

These workers often also have an unfortunate misunderstanding of the costs of hiring a workers’ compensation lawyer. When you have a workers’ compensation claim, it does not cost you anything out-of-pocket to hire a lawyer. Workers’ compensation lawyers represent their clients on a contingency-fee basis, which means that their legal fees (if any) are calculated as a percentage of any disputed benefits they help their clients recover.

As a result, not only does hiring a lawyer cost you nothing out-of-pocket; but, even taking your lawyer’s contingency fees into account, you may still be able to collect more with an experienced lawyer on your side.

Let’s take a look at some of the ways an experienced workers’ compensation lawyer can help you:

• Making Sure You Are Eligible to File for Workers’ Compensation – Before you put the effort into filing a workers’ compensation claim, you first need to make sure you are eligible to do so. While most workers in Wisconsin are eligible to file, there are exceptions; and, if you aren’t eligible to file, you will need to explore your other options.
• Making Sure You Seek the Full Benefits You Deserve – When you have a workers’ compensation claim, it is up to you to make sure you are seeking the full benefits you deserve. If you don’t know how much you are entitled to recover (or don’t know how long you are entitled to receive payment), you won’t know if you are being treated fairly.
• Dealing with Your Employer and Its Insurance Company for You – When you file a workers’ compensation claim in Wisconsin, seeking the benefits you deserve generally involves dealing with your employer or its insurance company (or both). Your lawyer can deal with these companies for you to help ensure that they do not take advantage of you.
• Negotiating a Lump Sum Settlement (if Warranted) – If you are entitled to disability benefits for your on-the-job injury, it may be in your best interests to seek a lump sum settlement. Your lawyer can tell you if seeking a lump sum settlement makes sense in your case—and, if it does, your lawyer can negotiate for a favorable settlement on your behalf.
• Challenging a Wrongful Denial (if Necessary) – Even if you are clearly entitled to workers’ compensation benefits, this doesn’t necessarily mean that you will receive the benefits you deserve. If your employer or its insurance company wrongfully denies your claim, your lawyer can document the issues with your denial and file an appeal on your behalf.

Now, let’s say you don’t hire a lawyer to help you with your workers’ compensation claim. What can go wrong? If you try to handle your workers’ compensation claim on your own, some of the potential risks include:  

• You will make mistakes that lead to delays, deductions, or denials.
• You won’t know if you are receiving the full benefits you deserve.
• You won’t be able to secure a favorable lump-sum settlement.
• Your employer’s insurance company will try to take advantage of you.
• You won’t be prepared to deal with wrongful delays or denials effectively.

These are just examples. To be clear, your lawyer cannot guarantee a favorable lump sum settlement, nor can your lawyer prevent your employer’s insurance company from acting in bad faith. But, with an experienced lawyer on your side, you can be confident that you are making informed decisions about your workers’ compensation claim, and you are far less likely to encounter unnecessary issues during the claims process.

What to Expect When You Hire a Lawyer to Represent You

If you hire a workers’ compensation lawyer to represent you, what can you expect from your legal representation?

1. No Out-of-Pocket Costs and Contingency-Fee Representation

As we discussed above, you should not have to pay anything out-of-pocket for your legal representation in this scenario. Not only that, but you should not have to pay anything unless your lawyer helps you collect benefits that were in dispute.

2. A Commitment to Your Best Interests

Unlike your employer and its insurance company, your lawyer will have your best interests in mind. You can expect your lawyer to provide legal advice and representation focused on helping you recover the benefits you deserve as efficiently as possible.

3. The Help You Need to Fight for the Full Benefits You Deserve

Even though workers’ compensation is a “no fault” system in Wisconsin, injured workers are frequently forced to fight for their legal rights. When you hire an experienced workers’ compensation lawyer, you can rely on your lawyer to fight on your behalf while you focus on your physical recovery.

Schedule a Free Initial Consultation with a Madison Workers’ Compensation Lawyer Today

Are you thinking about trying to handle your workers’ compensation claim on your own? If so, we strongly encourage you to contact us for a free consultation before you do so. To discuss your claim with an experienced Madison workers’ compensation lawyer in confidence, call 608-305-4518 or tell us how we can reach you online today.

If you’ve been injured on the job in Wisconsin, you may be entitled to workers’ compensation benefits. Workers’ compensation is a “no fault” system (meaning that you do not need to prove your employer is responsible for your injury), and nearly all employers are required to provide workers’ compensation coverage under Wisconsin law.

But if you’ve been injured on the job, simply knowing if you are entitled to benefits isn’t enough. You also need to know how much you are entitled to recover. This starts with understanding the types of workers’ compensation benefits that are available.

Types of Workers’ Compensation Benefits in Wisconsin

In Wisconsin, workers’ compensation benefits broadly fall into three main categories. These are: (i) medical benefits; (ii) disability benefits; and, (iii) vocational rehabilitation benefits.

1. Medical Benefits

Medical benefits cover the “reasonable and necessary” costs of treating an on-the-job injury. If you qualify for workers’ compensation, you are eligible to receive medical benefits from the day you get injured on the job.

Unlike many other states, Wisconsin allows injured workers to choose their doctors. As long as you choose a doctor who accepts workers’ compensation, you can see any doctor you prefer. With that said, workers’ compensation insurance companies will often dispute whether treatment qualifies as “reasonable and necessary,” and this is just one of several potential issues that can require experienced legal representation.

2. Disability Benefits

Disability benefits cover a portion of your lost wages when you are unable to work due to a job-related injury. Disability benefits can be either “partial” or “total,” and they can be either “temporary” or “permanent”:

• Temporary Partial Disability (TPD) – Temporary partial disability (TPD) benefits help cover the difference between your normal earnings and your reduced earnings if you are only able to work limited hours or in a limited capacity.
• Temporary Total Disability (TTD) – Temporary total disability (TTD) benefits help cover your loss of income if you need to take time off from work during your treatment and recovery.
• Permanent Partial Disability (PPD) – Permanent partial disability (PPD) benefits help cover the difference between your previous earnings and your new reduced earnings if you need to transition to working part-time or take a lower-paying job.
• Permanent Total Disability (PTD) – Permanent total disability (PTD) benefits help cover your loss of income if you are never able to return to work as a result of your on-the-job injury.

Unlike medical benefits, disability benefits do not begin right away. You are only eligible to receive disability benefits if you miss four or more days of work. If you miss less than a week of work, the first three days you missed are not compensable. However, if you miss more than a week of work, you are entitled to retroactive payment for the first three days.

Temporary disability benefits are calculated based on your weekly wage, while permanent disability benefits are calculated based on the nature and severity of your disability. Here too, the insurance companies will often try to avoid paying the full benefits injured workers are entitled to receive, and an experienced workers’ compensation lawyer will be able to help make sure you receive the full benefits you deserve.

3. Vocational Rehabilitation Benefits

Vocational rehabilitation benefits are additional benefits that are available to injured employees who need help getting back to work. These are not financial benefits, but instead are services that you can receive to help you find new employment if necessary. More information is available in the Wisconsin Department of Workforce Development’s (DWD) pamphlet, Getting Back to Work.

What If I Have Lost a Loved One?

If you have lost your spouse or another family member in a fatal workplace accident, you may be entitled to death benefits through Wisconsin’s workers’ compensation system. Death benefits cover eligible family members’ burial expenses and the loss of income resulting from their loved one’s untimely death. If you need to know more about filing a claim for death benefits, we strongly encourage you to speak with one of our experienced workers’ compensation lawyers right away.

Important: Filing a Workers’ Compensation Claim May Not Be Your Only Option

In addition to knowing what workers’ compensation benefits you are entitled to receive, it is important to know if you are entitled to receive any other benefits (or any other forms of financial compensation) as well. For example, depending on your individual circumstances, you could have a claim for one or more of the following:

• Unemployment Benefits – As the Wisconsin DWD explains in its Getting Back to Work pamphlet, “If your worker’s compensation benefits are suspended during your job search and/or retraining period, you may be eligible for unemployment benefits.”
• Social Security Benefits – Individuals who are unable to work due to job-related injuries may also be eligible for Social Security benefits. In many cases, eligible individuals can collect workers’ compensation benefits and Social Security benefits at the same time, though collecting  Social Security may limit the workers’ compensation benefits you are eligible to receive.
• Personal Injury (or Wrongful Death) Compensation – Injured workers will also have grounds to file a personal injury claim in some cases. While injured workers generally can’t sue their employers (though there are exceptions), they can sue other companies that are responsible for their injuries. In appropriate cases, grieving family members can file wrongful death claims as well.

Due to the complexity of protecting your legal rights after a job-related injury, it is important to have an experienced lawyer on your side. At Mays Law Office, we handle all job-related injury cases at no out-of-pocket cost to our clients.

Discuss Your Legal Rights with an Experienced Madison, WI Workers’ Compensation Lawyer for Free

Do you need to know more about protecting your legal rights after a job-related injury in Wisconsin? If so, we strongly encourage you to contact us right away. To speak with an experienced Madison workers’ compensation lawyer in confidence as soon as possible, call us at 608-305-4518 or request a free consultation online today.

If you have been injured or fallen ill on the job in Wisconsin, you will want to talk to a workers’ compensation lawyer promptly. There are many ways a workers’ compensation lawyer can help you in this scenario; and, if you have a claim, there are many benefits to putting an experienced lawyer on your side.

When you hire a lawyer to represent you, you are entitled to certain expectations. Knowing what to expect can help you make an informed decision about hiring a lawyer, and it can also help you feel more comfortable and confident moving forward.

What to Expect When You Hire a Lawyer to Handle Your Workers’ Compensation Claim in Wisconsin

So, what can (and should) you expect from your workers’ compensation lawyer? Here are 10 things you can expect when you hire an experienced lawyer to handle your workers’ compensation claim in Wisconsin:

1. A Free, No-Obligation Consultation

The first thing you can expect is a free, no-obligation consultation. When you contact a law firm that handles workers’ compensation claims, the firm should work with you to schedule an appointment as soon as possible. Taking action promptly can be important for protecting your legal rights, so you will want to talk to a lawyer about your claim for benefits as soon as possible.

2. No Out-of-Pocket Cost Legal Representation

Along with providing a free initial consultation, your workers’ compensation lawyer will also provide no out-of-pocket cost legal representation. This means you pay nothing unless your lawyer helps you secure the benefits you deserve. If your lawyer helps you collect disability benefits for your work-related injury or illness, your legal fees will be calculated as a percentage of the benefits your lawyer helps you recover. Since your lawyer only gets paid if your claim is successful, your lawyer has an even greater incentive to provide effective legal representation.

3. A Clear Explanation of Your Legal Rights

Throughout your workers’ compensation claim, you can expect your lawyer to clearly explain your legal rights. This includes (but is not limited to) your rights regarding:

• Your choice of healthcare providers
• The benefits you are entitled to receive
• How your employer (or its insurance company) handles your claim

Understanding your legal rights is important because it will help you make informed decisions throughout the process. If you don’t know your rights, you could make mistakes that prevent you from collecting the full benefits you deserve.

4. A Clear Understanding of the Benefits You Are Entitled to Receive

Speaking of the benefits you deserve, you can also expect your lawyer to clearly explain the medical and disability benefits you are entitled to receive for your work-related injury or illness. This includes not only explaining the types of benefits you are entitled to receive, but also how much you are entitled to receive and for how long. These are all key pieces of information you need to ensure that you do not give up on your claim or settle your claim too soon.

5. Commitment to Your Best Interests

When you hire a lawyer to handle your workers’ compensation claim, you can expect your lawyer to be fully committed to your best interests. An experienced workers’ compensation lawyer will understand what it is like to be in your situation, and will want to help you effectively assert your legal rights by all means available.

Not only will your lawyer have a financial interest in helping you collect the benefits you deserve, but your lawyer will have an ethical responsibility to put your best interests first as well. Additionally, many workers’ compensation lawyers (including ours) do what they do because they are truly passionate about helping people in your shoes.

6. The Advice You Need to Protect Yourself

Even though workers’ compensation is a no-fault system in Wisconsin, collecting the benefits you deserve won’t be easy. Employers and their insurance companies routinely dispute injured and sick workers’ claims for benefits. To collect the benefits you deserve, you will need to be very careful to protect yourself. You can expect your lawyer to provide the advice you need.

7. Direct Communication on Your Behalf

You can also expect your lawyer to communicate directly with your employer and its insurance company on your behalf. When you have a workers’ compensation claim, effective communication is vital. Relying on his or her experience, your lawyer will be able to present the evidence needed to establish your right for benefits, deal with any issues that arise, and negotiate for a fair settlement while you focus on getting better.

8. Representation Throughout the Workers’ Compensation Claim Process

From filing your workers’ compensation claim to negotiating a settlement or filing an appeal if necessary, your lawyer will provide representation throughout the workers’ compensation claim process. You will be able to rely on your lawyer’s advice and representation every step of the way, and you will be able to feel confident that your claim is being handled effectively.

9. Advice Regarding When (and If) to Settle

For many injured and sick workers, negotiating a settlement is the best-case scenario. If it makes sense to try to settle your workers’ compensation claim, your lawyer will negotiate for a fair settlement on your behalf. If a settlement offer is on the table, your lawyer will also help you make an informed decision about whether to accept the offer based on whether it provides adequate compensation for the costs of your work-related injury or illness.

10. Assistance with Any Other Claims You May Have

Finally, you can expect your lawyer to provide assistance with any other claims you may have as well. For example, injured workers will also have grounds to file a personal injury claim in some cases. If you have a claim outside of workers’ compensation, your lawyer can assist you with seeking any additional compensation to which you are legally entitled.

Schedule a Free Consultation with a Madison Workers’ Compensation Lawyer at Mays Law Office

Are you interested in speaking with a Madison workers’ compensation lawyer? If so, we invite you to get in touch. Give us a call at 608-305-4518 or contact us online to schedule a free consultation today.