Whiplash is a common type of car accident injury, particularly in rear-end accidents. The problem is: this injury, like other soft-tissue injuries, can be difficult to prove when filing a claim for compensation. There are many challenges to these types of cases, and that is why it can be very important to have qualified legal representation. The Appleton car accident lawyers at Sigman Janssen know how to gather evidence of a whiplash injury and link it to an accident. Schedule a free legal consultation with our firm today.

Delayed Symptoms

One of the main challenges with a whiplash claim is connecting the injury to the accident, because symptoms of the injury are often delayed.

If people do not feel much pain after the crash, they may think they are OK and be thankful they got through the accident without suffering any injuries. However, days later, accident victims may start to experience pain in their neck, shoulder or back.

Victims May Not Seek Treatment Right Away

If accident victims do not feel much pain after the crash, they may not seek medical treatment. However, even when victims experience whiplash symptoms, they may avoid medical treatment because the pain is minor, and they think it will eventually go away. If the pain gets worse, they may use an ice pack or heating pad for relief.

Delaying treatment can allow the condition to worsen, and victims may experience pain for weeks or months after the accident. Delaying treatment also makes it harder to connect the injury to the accident.

Disproving Claims You Have a Pre-Existing Medical Condition

When you file a claim seeking compensation for whiplash injuries, the insurance company may try to deny it, claiming your symptoms are from a pre-existing medical condition. This is why insurance companies often contact accident victims and ask them to sign a medical release so they can access records from before the accident. They are fishing for information to use against you to claim you were not injured in the crash.

Your attorney can help gather your medical records to help disprove claims of a pre-existing condition. He or she can also use medical records from your treatment to help connect the injury to the accident.

In some cases, it may be necessary to have qualified medical experts provide testimony about how your injuries were caused by the accident.

Independent Medical Exams

Insurance companies often require accident victims to go through an independent medical exam before they will agree to pay compensation.

It is recommended that you consult an attorney before going through one of these exams. If you try to do so on your own, you may forget to say something or answer one of the doctor’s questions in a way that hurts your claim.

Your attorney can help you be prepared to talk to the physician without hurting the value of your case. You should also be prepared to talk about how the accident happened, the types of symptoms you have been dealing with ever since the accident, and what you are currently doing to get relief.

How You Can Potentially Help Your Case

You should seek treatment right after a car accident. This helps to show a strong link between your injury and the accident.

You should also contact a lawyer as soon as possible to determine if you have a viable claim and what it may be worth. You should also document as much as you can, including any loss of income, daily pain from your injuries, and activities you are struggling to take part in because of your injury.

Call a Trusted Attorney for a Free Consultation

If you are the victim of a car accident and are suffering from whiplash, you will need a lawyer to help you pursue full compensation for damages. The team at Sigman Janssen has recovered fair compensation for many Wisconsin car accident victims.

Call us at (877) 888-5201 for a Free Case Review.

The Wisconsin legislature is considering a change to the water ski spotter requirements for motorboat operators pulling a person on skis, aquaplanes, or similar devices. The existing Wisconsin law requires that there be a second person in the motorboat observing the person being pulled by the boat. That person is to be “competent” to be an observer. The proposed new law would add an exception to the spotter requirement. Specifically, the new provision would allow the elimination of the need for a spotter if  “[t]he motorboat is equipped with a mirror that provides the operator with a wide field of vision to the rear.”

This pending change to Wisconsin law will provide additional opportunities to engage in the recreational activity of skiing, wakeboarding, etc., without the necessity of a third person. However, the elimination of the absolute requirement of a spotter may lead to more accidents as the use of a mirror may not be sufficient to fully protect the person being pulled as it will cause the motorboat operator to change the focus of their attention from what is in front of the boat to what is happening in the rear of the boat.

The bill has advanced out of the Wisconsin Senate and will now move on to the State Assembly.

The Sigman Janssen law firm wants you to be safe, whether utilizing a spotter or a mirror. Please be smart on the water.

– Attorney Jim Pitz

What is workers’ compensation?

Workers’ compensation is a state-regulated program that provides financial benefits to employees who are unable to work following an injury or illness suffered on the job. It’s designed to help employees with their medical bills and living expenses and to legally protect employers. In Wisconsin, nearly all employers are required to carry workers’ compensation insurance to cover their employees.

What’s considered an on-the-job injury?

Any injury or illness that occurs at an employee’s workplace and during his or her normal working hours is generally covered under workers’ compensation laws. Other cases that may be covered can include:

• Lunch breaks
  Workers’ compensation laws may apply during your lunch break if your accident or illness occurs in a workplace cafeteria or on company premises.
• Company events
  If you’re hurt during a company sponsored event, such as a party, recreational activity, or training seminar, you may still be covered under workers’ compensation laws.
• Work-related travel
  Injuries suffered during your commute to work usually aren’t covered by workers’ compensation laws—however, if your job requires you to travel for business and you get hurt, you can receive benefits.

The Appleton workers’ compensation lawyers at Sigman Janssen Injury & Disability Lawyers are familiar with these laws, and we can help you determine if you’re eligible to receive benefits for your work-related injury.

What should I do if I’ve been hurt on the job?

If you’ve suffered a workplace injury, the first thing you should do is report your accident to your employer. Find your supervisor or the manager on duty and inform him or her about your injury, including how and where it happened.

Second, you should seek medical attention, even if your injuries don’t seem to be severe. Some injuries may take time to occur, and others can get worse over time. Your doctor can provide you with a copy of your medical report, which can be useful when building your case. Your doctor also can provide a return-to-work report stating your work limitations. A copy of this report should also be given to your employer.

Finally, you should contact a qualified Appleton workers’ compensation lawyer. At Sigman Janssen, we’ve been helping injured victims move on with their lives since 1925. Let us start helping you today—dial (877) 888-5201 or complete our free initial consultation form.

Can I sue my employer if my injury was their fault?

No. Employees can’t sue their employers in most cases, even if their accidents were due to their employers’ negligence or a coworker’s negligence.

Can my employer fire me as a result of my work injury?

No. If you are fired after your injury, and you can prove that you are fired solely because of your injury, you 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 a reason other than the work injury.

What benefits can I receive?

There are four basic types of benefits you can claim from workers’ compensation:

• Medical expenses, including the cost of any examinations, prescription medications, or surgical treatments your injury or illness requires.
• Temporary partial or total disability, which are payments that cover two-thirds of your wages until your doctor clears you to start working again.
• Permanent partial or total disability, which are payments that compensate you for the loss of part or all of your ability to work and earn a living.
• Retraining benefits, which go toward classes and training at a vocational school to help you prepare for and obtain new and suitable employment for your level of disability.

How can a lawyer help me?

Receiving benefits under workers’ compensation laws can sometimes be difficult. Not only do you have to prove that your illness or injury is related to your job, but you also must prove your level of disability and your inability to continue working.

Our workers’ compensation attorneys in Appleton know how complicated the claims process can be after a workplace injury, but we have the skill, the knowledge, and the resources to help you. We’re dedicated to handling all of your legal matters and resolving your case while you concentrate on getting better. If you’ve been hurt on the job, let Sigman Janssen fight for your rights.

Should I use my health insurance to pay medical bills while my case is pending?

Yes. In most cases, your health insurance provider will cover your medical bills, but they also are entitled to be repaid if you either win at a workers’ compensation hearing or settle your case prior to the hearing.

If my case settles, how long will it take for me to get my workers’ compensation benefits?

Generally, it takes four to six weeks. However, your employer or their insurance company could appeal the workers’ compensation judge’s decision. In fact, both sides can appeal a decision up to four times.

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 more than $1,000, but it can vary from case to case.

If I settle my claim, does the insurance company still have to pay my future bills?

Generally, if you settle your claim, it’s a complete settlement for all past and future claims related to your injury. However, if the insurance company settles, they may want a complete settlement known as a full and final compromise, and future bills would be up to you.

Where will my hearing be held?

If you have a hearing, you can request that it be held in most major cities in Wisconsin, including Oshkosh, Green Bay, Superior, Wausau, and Eau Claire. Hearings also can be held in workers’ compensation offices in Madison, Milwaukee, and Appleton.

Will my doctor have to testify?

No. In Wisconsin, the Workers’ Compensation Division rarely 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 experts.

Who will be at the hearing?

Your hearing will be attended by yourself, your attorney, the attorney from the insurance company, a workers’ compensation judge, and a reporter who will record each side’s testimony. Sometimes employers or other employees also attend the hearing.

Where can I find the laws governing workers’ compensation?

There are generally three places where you can find laws governing workers’ compensation:

• Wisconsin Statutes under Section 102,
• The Wisconsin Administrative Law Code,
• and in case laws as decided by the Wisconsin Courts.

However, these laws can be very complicated, and its important to consult with a lawyer about any interpretation of workers’ compensation law.

Where can I get more information regarding Wisconsin workers’ compensation?

You can contact the Workers’ Compensation Division at P.O. Box 7901, Madison, Wisconsin 53707. You also can find information regarding workers’ compensation and download forms for your claim on the Workers’ Compensation Department website.

If your workers’ compensation claim was denied, you may be worried about how you’ll pay your medical bills and support your family while you get better. But a denial isn’t the end of the process. At Sigman Janssen Injury & Disability Lawyers, our Green Bay workers compensation lawyers can investigate the reasons you were denied benefits, and help you take the steps necessary to get your claim approved.

Sigman Janssen has been helping people in Wisconsin for more than 85 years, and we want to put our experience to work for you. Contact our legal staff today to find out how we can help you get your workers’ compensation claim approved—just dial (877) 888-5201 or complete a free initial consultation form today.

Appealing Your Workers’ Compensation Claim Denial

If your workers’ compensation claim was denied or partially denied, there are four steps you can take to help get your benefits:

• Informal Alternative Dispute Resolution (ADR)
  If your workers’ compensation lawyer believes your claim can be settled through ADR, your claim will be referred to a specialist in the Division of Workers’ Compensation ADR Unit. If he or she believes your claim can be resolved without a formal hearing, your attorney and the insurance company will attempt to resolve the issues that caused your initial claim to be denied.
• Formal Hearing
  If your claim cannot be resolved through the informal ADR process, you may request a formal legal hearing with an Administrative Law Judge (ALJ). The ALJ will review evidence submitted by you and your work comp insurer and issue a decision based on his or her findings. The ALJ’s decision is a formal order that must be adhered to by all parties participating in the hearing.
• Appeal to the Labor and Industry Review Commission (LIRC)
  If you believe the decision issued by the ALJ presiding over your formal hearing was incorrect, you can appeal your claim to the LIRC. The LIRC will review your case and issue a decision based on your findings.
• Circuit Court Appeal
  If you disagree with the decision handed down by the LIRC, you can file an appeal with the circuit court.

Don’t Risk Your Benefits

You don’t have to go it alone if you’ve been denied the workers’ compensation benefits you need. At Sigman Janssen Injury & Disability Lawyers, we know Wisconsin law, and we won’t stop fighting until you get the best possible results for your claim. Contact our legal staff today to get the experienced representation you deserve.

Helping You Through Insurance Claims

When you’re injured in a car accident, and the driver who caused the accident doesn’t have insurance, how are you supposed to cover the cost of your medical bills and other accident-related expenses? In Wisconsin, you may carry a minimum amount of uninsured motorist (UM) and underinsured motorist(UIM) coverage to protect you in the event of such an accident.

Understanding insurance motorist coverage requirements is complex. An Appleton car accident lawyer from Sigman Janssen Injury & Disability Lawyers may be able to help. Call (877) 888-5201 or complete a free initial consultation form.

What Is Uninsured Motorist Coverage?

According to the Wisconsin Office of the Commissioner of Insurance, UM insurance is bodily injury coverage designed to protect you, your family, or occupants of your vehicle, in the event you are injured in an accident caused by an uninsured motorist or by a hit-and-run driver. Pedestrians with UM coverage on their vehicles also are protected if they are hit by uninsured motorists or hit-and-run drivers.

UM or bodily injury coverage is required in Wisconsin. Policies newly issued or renewed after November 1, 2011, require these minimum amounts of coverage for bodily injury:

• Per Person: $25,000
• Per Accident: $50,000

What Is Underinsured Motorist Coverage?

If you’re injured in an accident caused by a driver who has less bodily injury insurance coverage than you have in UIM coverage, your UIM coverage will help pay the costs of your or your passengers’ damages. The most your UIM insurance will cover is the difference between the other driver’s bodily injury limits and your UIM bodily injury limits.

UIM coverage is not required in Wisconsin; however, if you request the coverage, you must carry:

• Per Person: $50,000
• Per Accident: $100,000

Remember, if you need help getting the compensation you’re owed for your injuries, contact Sigman Janssen. Our Appleton car accident lawyers want to help you get the best results possible for your claim.

March 30, 2015

The Wisconsin Recreational Immunity statute was enacted to encourage landowners to open their lands to the public to permit recreational activities. Since its enactment, a series of Court of Appeals and Supreme Court decisions have widened its scope.

The first push was to expand its application to landowners regardless of whether they opened their land for public use. Despite the stated purpose of the law a landowner who makes all efforts to prevent the public from using its land is granted all of the privileges of a landowner who opens his lands willing. This reading of the law clearly contravenes its stated purpose. The next push was to extend the grant of immunity when the injured party was not engaged in a recreational activity, as long as they initially entered upon the property for the purpose of engaging in a recreational activity. The latest expansion of the law involves a grant of immunity regardless of the injured person’s intention, so long as their activity is among the expansive definition provided in the statute.

In the current case, the plaintiff was on a bicycle ride with his son on public streets.  Along the ride, he decided to stop at an Open Pantry gas station to purchase a drink. The plaintiff’s front tire became lodged in a broken drainage pipe exposed by crumbling asphalt, and the plaintiff was thrown to the ground resulting in serious injuries. Open Pantry argued that despite the fact the plaintiff was a patron of Open Pantry and had no intention to recreate on the property, his claim was barred by Wisconsin’s Recreational Immunity statute simply because he was using a bicycle for transportation. The trial court agreed and the plaintiff’s case was dismissed. Interestingly, the statute’s definition also includes motorcycling, which means if the plaintiff had been on a motorcycle refueling, the same immunity would apply.

The plaintiff intends to appeal the dismissal, but it is clear, the Supreme Court and the Wisconsin Legislature need to revisit this statute. Call your legislators.  Demand they rewrite this statute to accomplish its stated purpose.

Veterans disabled due to an injury or condition related to their military service may not only be entitled to benefits provided by the Department of Veterans’ Affairs (VA), but also may be able to receive Social Security Disability Benefits from the Social Security Administration (SSA). But numerous disconnects between the two organizations have resulted in reports of disabled veterans struggling to receive their benefits.

To correct this problem, officials from the two organizations recently announced a new plan to expedite processing of Social Security Disability claims filed by disabled veterans. According to a press release from the Department of Defense, soldiers and veterans deemed 100 percent disabled by the VA will have their claim for Social Security Disability funneled into a streamlined processing system. Officials add that expedited processing does not guarantee approval, but it will significantly cut the amount of time it takes for decisions to be reached.

The move is expected to benefit tens of thousands of disabled veterans.

The Appleton Social Security Disability lawyers at Sigman Janssen Injury & Disability Lawyers are aware of the complexities of the rules that oversee the processing of Social Security Disability claims and are here to help if you are considering applying for disability benefits.

While the St. Patrick’s Day holiday does not officially kick off until Monday, many businesses around Appleton and Green Bay are beginning to celebrate early this year. The Green Bay personal injury attorneys with Sigman Janssen Injury & Disability Lawyers would like point out some of the events they are looking forward to this year:

1. Green Bay St. Patrick’s Day Parade- The event will kick off at 11 a.m. on Saturday, March 15, behind the Nicolet Bank building downtown. The caravan will then make its way along Fox River Trail before ending at the City Deck with music, dance, and a fireworks/smoke show.
2. St. Brendan’s Inn 10th Annual St. Patrick’s Day Celebration– Music, food, and drink will be the focus of the event, with Irish drink specials and traditional meals including corned beef and Guinness Lamb Stew.
3. St. Baldrick’s Charity Event– St. Brendan’s will also host the event from noon until 4 p.m. on Sunday, where participants can shave their heads to raise money for children’s cancer research.

Since these events will be serving alcohol, the team of attorneys with Sigman Janssen Injury & Disability Lawyers would like to remind citizens of the dangers of drinking and driving. According to WBAY 2 News, OWI enforcement will be beefed up across the region over the weekend and on Monday. That is why the firm would urge citizens to prevent serious Appleton auto accident by designating a driver before beginning to celebrate. If you have had too much to drink and don’t have a ride home, please call a cab or loved one to get you home safely!

At Sigman Janssen, our team of Green Bay personal injury lawyers believes in giving back to the community we serve. That’s why we would like to remind citizens about several upcoming running events that are for a good cause.

The 2014 Cellcom Green Bay Half Marathon and Marathon are taking place May 16-18. Runners from across the globe are scheduled to participate in the event and spaces to run are beginning to dwindle. The half marathon is already listed as being at more than 90 percent capacity, and the marathon race is already more than 70 percent full.

Registration for the event can cost anywhere from $10-$115, but there is a way runners can sign up to race at no cost. If an individual chooses to participate in the Run For A Reason fundraising program and raises $300 for one of three charities, they will be allowed to register for free! The charities include:

• Big Brothers-Big Sisters
• Golden House
• Unity

Awards will be given to the top runners of several categories as well.

Our team of attorneys at Sigman Janssen Injury & Disability Lawyers are hopeful more people will be inspired to run in support of a charitable organization and will participate in one of the many upcoming races!

Employees of businesses in Wisconsin face many on-the-job hazards each day that may cause injuries. When work accidents happen, a majority of these individuals are covered by workers’ compensation benefits. But for many, the process of applying for benefits raises numerous questions. The  Appleton workers compensation lawyers with Sigman Janssen Injury & Disability Lawyers can help answer a few of the most common concerns.

One of the first questions many employees ask is if they are covered by workers compensation insurance in the event of accidents. The Wisconsin Department of Workforce Development explains that 98 percent of employees in Wisconsin are, in fact, covered by workers’ compensation policies. Furthermore, these policies should cover any mental or physical conditions  related to on-the-job accidents or injuries.

The next question many injured workers are concerned about is the process for applying for benefits. An employer will contact the insurer to file a claim. However, the law firm’s team of Appleton personal injury lawyers would urge an injured worker to discuss their case with an attorney before speaking to insurers.

The firm explains that speaking with an attorney can help protect a victim’s legal rights to compensation after a work-related injury.