FAQs

Can I ask a specific question about my personal injury case?
Yes. Follow the link to our Free Case Evaluation page. Complete the appropriate form and we will have an answer to you within 2 business days. We will consider your circumstances and provide you with the best answer possible, free of charge.

Can I talk to a lawyer at Sigman, Janssen, Stack, Sewall & Pitz at no charge?
Yes. We are happy to provide you with a free consultation, either by telephone or in person. There will be no pressure to retain our services, and we will answer all of your questions to the best of our ability with strict confidentiality.

Do I have to hire a lawyer to make a claim?
No, but in many circumstances, it is a good idea. By hiring one of our lawyers, you will ensure that your complete claim is presented to the insurance company. Many people who represent themselves fail to include all aspects. Rarely will an insurance company point out the missing components. Our lawyers also know the value of your claim. Don't trust an insurance company to give you a fair evaluation. You should contact one of our lawyers.

If I call for a consultation with Sigman, Janssen, Stack, Sewall & Pitz, will I be able to talk to a lawyer?
Yes. Your call will initially be handled by a trained assistant to get the all of the relevant facts and circumstances. Once an initial assessment is made, your matter will be sent to an attorney with the particular experience you need. That attorney will then call you back to discuss your claim.

Does Sigman, Janssen, Stack, Sewall & Pitz have experience as injury lawyers?
Yes. Since 1925 our firm has been representing Wisconsin residents in a myriad of different areas. Over the last three decades Sigman Janssen attorneys have developed a dedicated personal injury practice. Our personal injury attorneys have over 90 years of combined experience. We have the experience to provide you with excellent legal representation.

Is it worth it for me to hire a lawyer at Sigman, Janssen, Stack, Sewall & Pitz to represent me and my injury claim?
Most of the time. Our lawyers will help you prepare the best case, and ensure that you get what you deserve for your claim. Many insurance companies will offer you less for your claim because they know you do not do this every day. In the rare event you have a claim where our involvement would not benefit you, we will tell you. Our goal is to maximize our client's net recovery. If we cannot put you in a better place with us than without us, then we will not get involved.

What is the attorney's fee for representing injury clients?
Typically, the attorney's fee is a contingent fee. Most of the time our attorneys fee is 1/3 of your total recovery. This means that our law firm will earn its fee only if there is a recovery. We ask for no payment during the course of our representation. Some firms charge a lower percentage if the claim is settled before a lawsuit is filed, then raise their fee after a lawsuit is filed. In most cases, little effort is put into settling a claim pre-suit, and more of their clients end up in a lawsuit. We do not use a teaser fee. Our goal is to settle your claim for the highest value with as little anxiety for you. We will not put you in a lawsuit simply to raise our attorneys fee.

What am I receiving for the contingent fee?
In hiring a Sigman, Janssen, Stack, Sewall & Pitz lawyer, you are receiving many things. You are gaining the expertise and experience in evaluating cases and presenting cases for settlement or in litigation. You are provided the service of our taking care of all aspects of your claim from investigating your claim, to presenting a detailed presentation of your claim, to litigating your claim, if necessary. You are acquiring the reputation of an 85-year law firm that is respected in the insurance industry as a leading Wisconsin personal injury firm. By retaining our firm, you are hiring a local firm, which will provide you with personal service. We are not a satellite of a larger firm, or a fake office-front made to look like we are a local concern. All of our personal injury lawyers were born and raised in Northeast Wisconsin.

A lot of people complain that their lawyers are not responsive. Do you have a solution?
Yes. In addition to your attorney, your claim is handled by a team of skilled legal staff. In every practice, attorneys can get busy with court appearances or other demands of litigation. At our firm, we ensure that the team assigned to your claim is competent to answer your questions, or at least find the answers quickly. Our attorneys are closely monitoring your case and are also available to discuss all legal matters.

In what areas of the state does your firm take cases?
We stand ready to represent clients throughout the entire state of Wisconsin.

If I can't get to your law firm, can a lawyer from your firm see me at my home or in the hospital?
Yes. After a telephone consultation, we will do our best to evaluate your claim and determine whether we are able to help you. We can then make arrangements to come see you, at no extra charge.

How can I tell a good lawyer from a bad one?
Choosing an attorney is much like choosing your doctor. You need to choose someone you like. You need to choose someone you trust. Your attorney is your advocate. Make sure you hire someone ready willing and able to fight for your rights.

To get good representation, do I have to hire a lawyer from Milwaukee or Madison?
No. Bigger certainly does not mean better, especially when you are talking about legal representation. Big city firms have a tendency to treat claims in assembly-line fashion. We give each claim individual treatment, doing what's best for you.

Do I have a good case?
Get a Free Case Evaluation. Simply follow the link. If you have a claim that isn't covered by our topics, you can email us any question from our Contact Us link. Or call a lawyer at Sigman, Janssen, Stack, Sewall & Pitz at (920) 731-5201 in the Fox Cities, or 1-800-333-5201, and we will talk to you as long as it takes to answer your questions, and give an honest appraisal of your case.

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Workers Comp FAQs

Can your law firm provide an advance on settlement funds?
Yes, if you want to make a worker's compensation claim, the worker's compensation insurance company is entitled to see all your medical records, both before and after the accident.

How long will it take to get a worker's compensation hearing before the State of Wisconsin worker's compensation judge?
It varies depending upon the case, but it will not be sooner than three months and typically not more than ten months after you file your application for hearing.

Should I use my health insurance to pay bills while my case is pending?
Yes, definitely. Once the worker's compensation insurance company denies your claim, you should get their denial in writing. You should then send a copy of the worker's compensation denial letter to your health insurance company. Then the health insurance company has to pay the bills. They are entitled to be repaid if you either win at a worker's compensation hearing or settle your case prior to the hearing.

What happens to the co-pays and deductibles that come to me after my health insurance company pays their share and I am waiting for my hearing?
You are responsible for the co-pays and deductibles. The doctors and hospitals can send these to collections if they are not paid. Those bills that you pay are a part of your claim. However, the hospitals and doctors do not have to wait until you have your hearing to pursue collection of your outstanding bills.

Can your law firm provide an advance on settlement funds?
No, we are not allowed to advance money to a client.

What will I have to do while my worker's compensation claim is pending?
You will have to sign various authorizations. You usually have to submit to an insurance company medical evaluation, and you may have to attend vocational evaluations.

What benefits can I claim?
There are many claims, but the four basic types of claims are the following:

  1. Medical expenses.
  2. Total temporary disability ? these are disability payments of 2/3 of your average wage while you are off work until the doctor finds that you are at maximum medical improvement.
  3. Permanent partial disability ? these are disability payments that compensate you for any permanent disability you may have once the doctor releases you from care, including the possibility of loss of future earnings.
  4. Retraining benefits ? in some cases you can get paid to get retraining at a vocational college. These would be situations where you cannot return to your prior employment.
There are other types of benefits including but not limited to various penalties, compensation for permanent scarring, and others. If your accident is the result of an employer?s safety violation, you can claim a penalty under the worker?s compensation law.

If my injury was due to my employer's fault, can I sue my employer?
No, for nearly all work injury cases, you are barred from suing your employer, even if your accident was due to the employer's negligence or co-employees' negligence.

Can I get money for my pain and suffering or for how the injury has affected my personal life?
No, there is no compensation allowed for pain and suffering.

Will my case settle or will I have to have a hearing?
Often times, cases settle. But if your case settles, it typically doesn't settle until shortly before the hearing. While many cases settle, many cases do go to hearing.

When will I know my hearing date?
You will get notice of your hearing date through the mail on a blue sheet of paper issued by the State of Wisconsin. You will get the notice at the same time that your attorney receives the notice.

If I have a hearing, how long will it last?
Typically, no more than two hours. In rare cases it goes longer.

Will my doctor have to testify?
No. In the State of Wisconsin, the Worker's Compensation Department almost never requests testimony from medical doctors or other experts. The judges typically make decisions based upon your testimony, the employer's testimony, and written reports from the experts.

Who will be at the hearing?
The hearings will be attended by yourself, your attorney, the attorney from the insurance company, a worker's compensation judge, and a reporter who will take down the testimony. Sometimes there are also employers or other employees that attend the hearing.

Can my employer fire me as a result of my work injury?
No. If you are fired after your injury, and if you can prove that you are fired solely because of your injury, you do have the ability to make a claim against your employer for the firing. However, the employer has the ability to defend the firing by saying it was for some reason other than the work injury. If you win your claim, you could be granted up to one year's wages, but you can only make the claim for your actual lost wages.

Can my employer replace me with another person or new hire while I am off and recovering due to the work injury?
Yes, your employer can hire someone else to do your job while you recover from your work injury. Once you recover, if you are able to do your job, your employer will then have to hire you back if there's a new opening. However, they would not have to let the person who replaced you go in order for you to get your job back, and they do not have to create a new job just to re-employ you.

Am I entitled to "bump" the person that replaced me in order to get my job back once I have recovered from my injuries?
No, generally not. If you are part of a labor union, however, there may be union contract provisions that require you to be re-employed. If you are a union member you should consult your union representative.

How do I get my job back?
Once you have recovered from your injuries and you are able to do your job, you should let you employer know and give them your contact information. You should also provide them with a return to work slip from your doctor. Once there is a job opening that you are able and qualified to do, your employer has to offer you the job before they hire a new person off the street.

What are the most important things I should do following an injury?
First, report the injury to your employer as soon as possible. Second, get all the medical treatment you need in order to recover. Third, you should get a return to work slip stating any limitations every time you see the doctor. Sometimes, the doctor may say on the return to work slip that you may have to be off of work completely, and sometimes they may say that you can return to work with limitations. In either case, make sure you provide a copy of every return to work slip to your employer as soon as you receive it. Do not rely upon the doctors office sending it.

Can I collect unemployment compensation if I have been denied worker's compensation benefits following an injury?
You can collect unemployment compensation if the doctor has said that you are capable of doing some work. You must be physically capable of doing at least 15 percent of all jobs of any sort before you will be eligible for worker's compensation benefits. There is never a penalty to apply for unemployment benefits, so it never hurts to apply.

If I can't do my regular job, but I can do some work, is it okay for me to look for other work?
Generally, it is okay, but you should certainly not take on any work that is beyond the doctor's restrictions.

Do I have to pay taxes on the worker's compensation benefits I receive?
No.

How is an attorney paid in a worker's compensation case?
By state law, all Wisconsin attorneys are paid the same. They are entitled to 20 percent of any benefits that they get for you that are contested. The attorney is paid only if successful in getting you benefits. The 20 percent attorney's fee comes out of the benefits that are payable to you.

If my case settles, how long does it take for me to get my worker's compensation benefits?
Generally, four to six weeks. However, the other side could appeal the worker's compensation judge?s decision. In fact, both sides can appeal a decision that goes against them. There are up to four appeals possible. This can, in the worst case scenario, drag the case out for several years.

Will I get all my settlement in one lump sum?
Not always. In larger settlements, the state will require that some of the settlement be deposited in a bank account, and you would be allowed monthly withdrawals of that money. The amount of the monthly withdrawal is typically a little over $1,000.00, but it can be more than that amount.

What will I have to do if the case settles?
If your case settles, you will have to sign a settlement document known as a Compromise Agreement. That document is then forwarded to the state. A worker's compensation judge has to approve and sign it, and then orders payment within 21 days. If the case isn?t appealed, you would typically receive payment within that time.

If I settle my claim, does the worker's compensation insurance company still have to pay my future bills?
Generally, if you settle your claim, it is a complete settlement for the past and future for all claims related to that injury. If you have a new injury, you have a new claim. However, generally if the insurance company settles, they want a complete settlement known as a full and final compromise, and future bills would be up to you.

What should I wear at the hearing?
If you have a worker's compensation hearing, dress in what you feel comfortable in. But it should be neat, clean, and nice.

If I have a hearing, how long will it take for the judge to make a decision?
Depending upon the case, the judge will issue a written decision, usually within two to six weeks after the hearing.

Can I appeal the decision if I lose?
Yes, but appeals are rarely won. So the hearing decision, while not final, is usually supported in an appeal.

How many appeals can I have?
Both you and the insurance company are entitled to three appeals as a matter of right. There could be a fourth appeal.

If I win my hearing, do I get paid, even if the insurance company appeals?
No, you do not get paid until all the appeals are done.

What should I do if I have a work injury, but my employer refuses to tell their worker's compensation insurance carrier about the injury?
It is important that the worker's compensation insurance company learns of your injury. In the State of Wisconsin, the Department of Workforce Development (DWD) web site does allow you to look up the name, address, and phone number of your employer's worker's compensation insurance company.

What if I was injured on the job and my employer did not have worker's compensation insurance?
With a few exceptions, all employers in Wisconsin are required to have worker's compensation insurance. However, some employers do violate the law and do not carry insurance. If you are injured on the job and your employer does not have insurance, the State of Wisconsin does have a fund that you can access to get worker's compensation benefits for your injuries.

If I am injured on the job and my worker's compensation insurance company wants to take my statement, should I give it to them?
Before you give a statement to the worker's compensation insurance company, it is generally beneficial for you to consult with an attorney. It is not advisable to give a statement without consulting with an attorney.

What should I do if I was injured on the job, but the worker?s compensation insurance company is refusing to pay my bills and my time off work until they finish investigating the claim?
Often times, insurance companies will take time to investigate a worker's compensation claim before they make payments. However, anything more than two to three weeks would be unusually long. If they do take longer than two to three weeks, you should consult with an attorney.

If I am injured on the job and my worker's compensation insurance company denies my claim, how do I go about selecting an attorney?
There are a lot of attorneys that do worker's compensation, including our law firm, the Sigman Janssen Law Firm. Attorney Mark Sewall of the Sigman Janssen Law Firm has over 20 years experience as a worker's compensation attorney representing injured workers. There are other experienced worker's compensation lawyers. Before you hire one, you should make sure that you get a lawyer with significant experience in the area of worker's compensation.

Where can I find the laws governing worker's compensation?
There are generally three places where you can find laws governing worker?s compensation. One is in the Wisconsin Statutes under Section 102. The second is in the Wisconsin Administrative Law Code, and the third would be in Case Law as decided by the Wisconsin Courts. However, these laws can be very complicated, and you would be advised to consult with a lawyer about any interpretation of worker's compensation law.

Do I need a lawyer to make a worker's compensation claim?
If the worker's compensation insurance company has denied your claim, you do not need a lawyer to file for a hearing in the State of Wisconsin. However, in most cases, it would be to your advantage to retain a lawyer. A lawyer knows what has to be proven at a worker's compensation hearing in order to win your case.

Does is cost anything to consult with a lawyer in a worker's compensation case?
I cannot speak for all law firms, but with respect to the Sigman Janssen law firm we give free consultations on worker's compensation matters.

What can I expect at my Independent Medical Evaluation?
If you have an Independent Medical Evaluation by a doctor hired by the insurance company, most clients are shocked following the visit. First of all, it is usually a very brief examination followed by a written report of anywhere from 5 to 20 pages. That report is detailed and often the doctor will write a report stating that either you did not have a work injury or that your disability is not due to the work injury. These reports are used by the insurance company to defend against your claim.

Where will my hearing be held?
If you have a hearing, you can request that it be held in any significant size city in the state. That includes cities such as Oshkosh, Green Bay, Superior, Wausau, Eau Claire. There are three worker's compensation offices in the state. These are in Madison, Milwaukee, and Appleton. The hearings can be held there as well.

How can I contact the Worker's Compensation Department?
The phone number for the Worker's Compensation Department is (608) 266-1340. That is the headquarters of the Wisconsin Worker's Compensation Department.

Where can I get more information regarding Wisconsin worker's compensation?
You can contact the Worker's Compensation Department by fax at (608) 267-0394 or their address at 201 E. Washington Avenue, P.O. Box 7901, Madison, WI 53707-7901. You can also go to www.dwd.state.wi.us. That is the website for the Wisconsin Department of Workforce Development. You can find an abundance of information regarding worker?s compensation on the website and you can also download the worker?s compensation forms that you may need for your claim.

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