Trusted Legal Advocates For Workers’ Compensation Claims
Filing a claim for Wisconsin workers’ compensation benefits is a must if you’ve suffered an occupational injury or disease that requires medical attention and/or involves a loss of wages or job opportunities. Depending on the situation, you are entitled to coverage of your medical bills and potentially up to two-thirds your average weekly wage, capped according to:
- Statutory injury schedule
- Maximum 1,000 weeks (permanent partial disability)
- Lifetime benefits (permanent total disability)
Lein Law Offices is here to help. As veteran Wisconsin workers’ compensation attorneys, we help employees in need of assistance filing claims, disputing denied claims, or fighting to expand or extend benefits.
Hiring An Attorney Statistically Improves Outcomes
Delaying action is not a risk you can afford as there are many time-sensitive responsibilities on your part, such as the Wis. Stat. §102.12 notice requirement that must be made within 30 days, with only some exceptions. By involving a workers’ compensation lawyer as early as possible in the process, you have the advantage of helping to build your case the right way from the very start. That includes evidence gathering, preservation of records, and advice on who to (or not to) speak with about your condition and what information to provide various parties.
Particularly, if your job-related injury or illness is severe, is expected to cost you a month or more in lost work time, impacts your ability to do the same job as before, or results in a death, a workers’ compensation attorney in Winter or Hayward can help you navigate what can too often be a difficult and complex process.
Martindale Nolo Research reports a 31 percent increase in net compensation in work injury cases among those working with a lawyer compared to those without, which works out to about 15 percent more to you after attorney contingency fees are paid. Never assume your injuries or condition don’t qualify without first talking to an experienced Wisconsin work injury attorney.
Qualifying Conditions For Wisconsin Workers’ Compensation Claims
One of the best aspects of workers’ compensation benefits is your degree of fault in the accident typically doesn’t matter. When a dispute over benefits does arise (as is often the case), it typically involves one of two questions:
- Was the worker eligible to receive benefits? (An employee as opposed to an independent contractor injured/made ill due to a work-related accident or exposure?)
- How much should the worker be owed? (What is the extent of the worker’s injury, how long will it last, and to what degree does it impact his or her ability to work or seize other important work benefits?)
Regarding qualifying conditions, Wis. Stat.§ 102.12 indicates presence of liability when:
- An employee is injured (physical harm, mental harm, accidental injury, occupational disease)
- At the time of injury, both the employer and employee are subject to provisions under workers’ compensation law
The employee was performing a service growing out of and incidental to his or her employment
- The employee wasn’t commuting at the time of the incident or the travel wasn’t incidental to his or her work
- Injuries occurred on employer premises or on another’s premises where employer’s duties are carried out
To prove an injury occurred in performing a service growing out of or incidental to employment, a worker must show the injury occurred while the worker was engaged in some activity related to his or her employment.
Workers’ compensation is considered the exclusive remedy against an employer and co-workers (with exceptions for an intentional assault tort). If injuries result from employer’s failure to provide a safe work environment, employees may receive an additional 15 percent in benefits.
If you have been injured in a work accident or have suffered an occupational disease or ailment, we can help you determine how best to proceed with your claim.
Free consultations — Flexible office hours and appointments — In-home and hospital visits available