Workplace injuries can have a significant impact on workers and their families. When medical bills and other expenses begin to become a burden, this can create a very unstable environment for those involved. The Appleton workers’ compensation lawyers at Sigman, Janssen, Sewall, Pitz & Burkham understand the challenges that injured workers may face, and offer a free review of your incident, to determine if we can help with your worker's compensation claim.
For nearly 100 years we have been providing legal counsel to Wisconsin residents and have obtained significant compensation for injured Wisconsin workers, including a $220,000 settlement for a State of Wisconsin employee that suffered a back injury on the job, and also $180,000 for a worker that was injured on the job while lifting. Both of these results were obtained by attorney Mark Sewall, who grew up in Neenah, WI and graduated from the University of Wisconsin-Oshkosh.
To discuss the details of your injury with an attorney today, call us at (877) 888-5201. There are no upfront fees or costs and your initial consultation is free. Our firm only gets paid if we recover compensation for you.
Have a question? Call: (877) 888-5201.
Who is Covered by Workers’ Compensation?
While there can be certain situations when an individual is not covered, the majority of employees are covered under Wisconsin's workers’ compensation insurance program:
- Employers with three or more workers are automatically covered by the workers’ compensation system.
- Employers with fewer than three employees are subject to this law if they pay $500 or more in wages in any quarter of the calendar year. In this situation, workers are covered by the law 10 days from the end of that quarter.
- While many farmworkers are not covered by Wisconsin’s workers’ compensation insurance program, the employer must provide coverage if it has at least six employees for 20 or more days during the year.
- Some workers are covered by federal laws instead of Wisconsin’s workers’ compensation system. These include postal workers, employees of veteran’s hospitals, members of the armed forces, interstate railroad workers and seamen on navigable waters.
If you have questions about your eligibility, contact our legal team today. A workers compensation attorney from our law firm can answer any questions you may have about workers’ compensation and review the details of your specific work injury claim. There are no upfront fees and the initial consultation is free.
Need help? Call: (877) 888-5201.
Do I Have a Case?
If your injury is in accordance with the requirements outlined in the worker's compensation law of Wisconsin, you are likely to be eligible to receive benefits.
Workers that have sustained any mental or physical injuries caused by workplace accidents or diseases are also likely to be eligible.
Physical harm may include numerous kinds of injuries that can occur in the workplace:
- Lost limbs
- Loss of hearing
- Loss of vision
- Broken bones
- Crush injuries
- Muscle sprains
Mental injuries may include conditions like hysteria or nerve-related disorders.
You may also be eligible for workers’ compensation benefits for contracting an occupational disease, which is defined as any chronic physical or mental issue caused by prolonged exposure to a substance, condition or activity related to your employment. Some examples of occupational diseases include:
- Lead poisoning
- Respiratory disease
- Back problems
If you have suffered an injury while performing the tasks associated with your employment, we encourage you to contact the Appleton personal injury lawyers at Sigman, Janssen, Sewall, Pitz & Burkham today. The initial consultation is free.
Have a question? Call (877) 888-5201.
Coverage For Workers Hurt Outside of Their Main Work Location
Work injuries are not just limited to individuals that are working in a fixed location. While the injured worker must prove that they were injured while performing a work-related task &/or activity, worker's compensation has provisions for work injuries that are less-than-conventional.
Some of these may include injuries received while:
- Walking in a company parking lot
- Falling from steps on company property
- Traveling for work-related purposes
- Involved in a traffic accident while on work business
- Eating during lunch hour on company premises
As each case is unique, we encourage injured workers to contact our team of legal professionals to discuss the merits of your claim. We offer a free, no-obligation consultation and can help to determine if you have a case.
Types of Workers Compensation Benefits Available in Wisconsin
There are various types of workers’ compensation benefits available in Wisconsin, including:
Temporary Total Disability
If you suffer an injury that prevents you from performing any work, you are eligible to receive two-thirds of your average weekly wage. You may receive benefits until your condition has stabilized. At that point, you may be fortunate to have returned to full health, and if so, the benefits will be stopped. If you are still unable to resume employment, you may be eligible to apply for permanent disability benefits.
For disabilities that last a maximum of seven days or less, there is a three-day waiting period for temporary total disability benefits. If your disability lasts longer than seven days, you will receive compensation for the entire period of your disability - including for that three-day waiting period. However, you will not receive compensation for the day of your injury.
Temporary Partial Disability
In some instances, workers suffer injuries that still allow them to perform some amount of work. In cases like these, an employer may be willing to offer reduced working hours or less responsibilities. If this happens, you may be eligible to receive compensation to cover the lost wages from your reduced pay.
If you are an artificial limb recipient, you may be eligible to receive temporary disability benefits for the period it takes for you to be trained on using the artificial limb.
If you suffer an injury that leaves you permanently disabled (loss of use of a limb, physical or mental incapacity, partial loss of use of a limb, etc.), you may be able to obtain permanent disability benefits. There are two types of permanent disability benefits:
Permanent Partial Disability
Permanent Partial Disability (PPD) payments are commonly paid AFTER the recommended healing time period has passed. The insurance company handling the compensation claim may request a review of the injured worker by an independent medical examiner (IME).
Permanent Total Disability
If you suffer a very serious injury that prevents you from working at all, you may be eligible to be paid weekly benefits for the rest of your life. Commonly, eligible applicants will receive two-thirds of their average weekly wage - subject to a maximum amount set by law.
If you are disabled and are unable to perform the job you were performing prior to the work injury - but may be able to transition into another form of employment - you may be eligible to receive vocational rehabilitation benefits to help you return to the workforce. These benefits may include compensation for career planning, job placement or retraining for up to 80 weeks. You may also be compensated for the cost of transportation if you need to travel for training.
In some instances, a work accident may result in the worker suffering a fatal injury. In these situations, the surviving dependents may be eligible to receive benefits. For example, surviving spouses may be eligible to receive a death benefit:
- The maximum spouses can receive is four times the deceased’s annual earnings
- Benefits are paid out on a monthly basis
- Any dependent children under the age of 18 who were living with the employee may also be eligible to receive death benefits
Our Appleton workers’ compensation lawyers have detailed knowledge of the benefits you may be eligible to receive under the workers’ compensation law in Wisconsin. If you have suffered an injury at work and are unsure if you are eligible for worker's compensation, call us today. We have many years of experience helping injured workers and a track record of success.
Schedule a free legal consultation by calling (877) 888-5201.
What Do I Need to Do After an Accident at Work?
The first thing you need to do when you suffer a workplace injury is to obtain medical treatment. This includes first aid at the scene and being examined by a licensed doctor off-site. Wisconsin law gives you the right to receive treatment from the doctor of your choice.
If the situation is an emergency, your employer can take the necessary steps to make sure you receive immediate treatment. After that, you have the right to seek treatment from the doctor of your choice.
After receiving treatment for your injury, be sure to notify your employer as soon as possible. The law states that you have 30 days from the date of the injury to report it to your employer. However, waiting to report an injury is generally not recommended as your employer may become suspicious about the validity of your claim. This may lead to a denial of your claim based on the notion that:
- Your injury is not "that serious"
- Your injury is related to a preexisting condition
- Your injury occurred outside of work
If you are suffering from an occupational disease, you must provide your employer notice within 30 days of your diagnosis and how it is related to your job.
How to Notify Your Employer
You can notify your employer in writing (mail or electronic mail) or verbally about your injury. Regardless of how you notify your employer, you must provide them with the following information:
- Type of injury suffered
- Body part involved in the injury
- Circumstances of the injury or disease
- The need for medical assistance
What Happens After I Inform My Employer About the Injury?
After you notify your employer, continue your medical treatment as necessary. It is likely that you are eligible to receive compensation for all medical, surgical and hospital treatment bills from your injury. Reasonable and necessary medical bills like these are paid even if you are not awarded temporary or permanent disability benefits or you do not miss time at work.
While you continue treatment, your employer will file a report with its workers’ compensation insurer within seven days of the injury. Seven days after that, the insurance company or its administrator sends a report of the injury to the Workers’ Compensation Division of the Department of Workforce Development.
After that, the insurance company will obtain a medical report about the nature of the injury or disease from your doctor or employer. The insurance company will then contact you for more information about the injury - this may include a request for a statement about your physical symptoms.
If your claim is approved, the insurance company should then begin paying benefits for lost wages.
Our Appleton workers’ compensation lawyers can help with your statement to the insurance company. We have the knowledge to build a strong claim and compile the information you should provide to help show the seriousness of your injury.
Fill out a Free Case Evaluation form today.
What if There is a Problem with My Claim?
In some instances, a workers’ compensation may not go smoothly. Various issues may arise after a claim has been filed.
We recommend contacting an Appleton workers’ compensation attorney at Sigman, Janssen, Sewall, Pitz & Burkham, and allow us to review the details of your claim.
When disputes between two parties arise in a workers' compensation claim, it is important to have experienced legal counsel in your corner, to help protect your rights.
Insurance companies are commonly involved in workers' compensation claims, and their obligation is to shareholders, not to injured workers.
Resolving a Dispute Without an Agreement
If your employer or its insurance company refuses to pay benefits and you cannot resolve your differences through one of the two agreements outlined above, you may need to go through the appeals process to obtain the benefits you deserve.
The appeals process is complicated and can take a considerable amount of time to come to a resolution. While you are not required to hire an attorney, it is a wise decision to do so. Our workers’ compensation lawyers have extensive experience in handling workers' compensation matters on behalf of injured Wisconsin workers. We can apply that knowledge - and the resources that we have available to us - to your specific claim.
Contact Our Appleton Workers’ Compensation Attorneys
At the law office of Sigman, Janssen, Sewall, Pitz & Burkham, we keep our clients updated with the progress of their cases throughout the legal process, we respond promptly to your questions and inquiries, and we serve to protect the rights you have as an injured worker.
Our workers' compensation team accepts cases on a contingency fee basis, which means that there are no upfront fees for us to begin working on your claim. Your initial consultation is also free, and we only get paid if we collect compensation for you. We are available and ready, to help you today.
Call us today at (877) 888-5201.