Most people have been behind the wheel while feeling fatigued. However, few truly know just how dangerous drowsy driving can be. According to the National Highway Transportation Safety Administration (NHTSA), nearly 100,000 accidents each year are due to drowsy driving.

Drowsy drivers could be held liable for injuries and any damages that resulted from the accident. Below, we further discuss how drowsiness affects one’s ability to drive, individuals more likely to drive fatigued and the best ways to help minimize the risk of a drowsy-driving accident.

If you were in an accident due to another’s negligence, Sigman Janssen’s vehicle crash lawyers in Green Bay are here to help. We offer an initial consultation where we review your claim and discuss your legal options free of charge. There is no obligation to hire our firm, but if you do, we charge zero upfront fees.

Call (920) 328-0700 to talk to a lawyer.

Warning Signs You May Be Too Tired to Drive

Drowsiness can make you less alert and affect coordination, judgment, decision-making and reaction time while driving. Lack of sleep can impair one’s ability to drive the same way as drunk driving.

Warning signs that you may be too tired to drive include, but are not limited to:

A drowsy driver with a slower reaction time may rear-end the car in front because he or she could not suddenly brake or steer out of the way. A driver may cause himself or herself serious harm or damage nearby property if he or she falls asleep, veers off the road and hits a fixed object. Fatigued drivers can also cause multi-vehicle accidents, crashing into another car at full speed, even if they do not fall asleep at the wheel.

Who is More Likely to Drive While Fatigued?

Anyone who is tired, overworked or exhausted is at risk of falling asleep at the wheel. However, certain individuals are more likely to drive while fatigued and cause an accident. These include:

Many fatigued drivers often rely on caffeine, such as coffee or soda, or listen to loud music to help keep them awake and alert on the road. A driver may even roll down his or her window to get some fresh air. However, some of these methods may also be quite distracting and contribute to an accident.

Liability for Damages in Drowsy-Driving Accidents

Every driver has a responsibility to remain alert on the road. If a driver falls asleep at the wheel and causes you harm in an accident, you could take legal action against him or her to recover damages.

Liability in these cases will generally depend on whether the accident victim (the plaintiff) can prove the other driver (the defendant) was negligent. However, it is not so easy to determine how drowsy a driver was when he or she caused the accident. Driver fatigue is dangerous, but many drivers still often take the risk of driving while tired.

This is where working with an experienced lawyer is advantageous. Your lawyer can conduct a detailed accident investigation, ask the right questions and obtain the necessary evidence to help build a strong case for you. More than one credible witness may have seen the other driver dozing off or drifting in-between lanes at the time of the accident.

A lack of skid marks at the accident scene may be an indication that the other driver failed to brake or steer before hitting your car. Additionally, the other driver’s medical records may show that he or she was taking certain medications that cause drowsiness when the accident occurred.

If you have a case, your lawyer may be able to pursue compensation on your behalf to help cover:

Ways to Stay Alert and Help Prevent an Accident

Drowsy driving is dangerous but entirely preventable. The Wisconsin Department of Transportation outlines several ways to stay alert on the road and prevent a drowsy-driving accident.

• Get enough sleep – Only drive when you are feeling well-rested. It is vital to listen to your body when you are tired. If you are yawning or your eyes are heavy, pull over to a safe area and rest.
• Take frequent breaks – If you are taking a long trip, do not drive for long periods. Be sure to take breaks every couple of hours or so. Even a short break may help you feel less tired.
• Share the driving – A friend or family member can help you drive when you are fatigued. By sharing the driving responsibilities, it can give you the time needed to rest and recharge.
• Do not take medications – Medications that cause drowsiness should not be taken before driving. It is important to be aware of a medication’s side effects and how your body may react.
• Avoid alcohol – Alcohol has a sedative effect that helps you relax and makes you drowsy. It can cause you to fall asleep at the wheel, putting yourself and others on the road in harm’s way.

Speak With a Trusted Lawyer at No Cost to You

If you or a loved one has sustained injuries and damages in an accident due to a drowsy driver, our lawyers are prepared to fight for your rights. Our firm has a proven track record of success, obtaining millions of dollars in compensation for our clients – including car accident victims – over the years.

The initial consultation that we offer comes at no cost or obligation to you. If we determine that you have a case, there are no upfront fees to utilize our services. We only get paid if we help you win.

Free Case Review 24/7. Ph: (920) 328-0700.

People often think that you can only claim worker’s compensation benefits for injuries sustained in a single accident. However, occupational injuries or illnesses are also covered under worker’s comp.

Hearing loss is a common condition that workers in certain industries, such as manufacturing and construction, may develop over time. If you have suffered a loss of hearing from working in an inherently noisy environment, you may be eligible for worker’s compensation benefits in Wisconsin.

However, proving your hearing loss is work-related can be difficult without a trusted lawyer by your side. At Sigman Janssen, we have decades of combined legal experience handling worker’s comp claims for a variety of workplace injuries. An initial consultation comes at no cost, risk or obligation to you.

You can learn more about how we may be able to help during this meeting. If your claim has merit, there are zero upfront fees involved if we take on your case or while we work on your case.

Available 24/7 to Take Your Call: (920) 328-0700.

Wisconsin Worker’s Comp Law on Loss of Hearing

Wisconsin’s worker’s compensation system defines an injury as any mental or physical harm caused by a workplace injury or illness. In other words, it arises out of the course and scope of your employment.

Sudden loss of hearing is considered physical harm from a one-time accident. Loss of hearing is also considered an occupational disease caused by exposure over a period of time to a working condition.

For instance, worker’s compensation benefits may be issued if prolonged exposure to loud noise caused a permanent partial or total loss of hearing – otherwise known as occupational deafness.

How Do I Prove My Hearing Loss is Work-Related?

Proving that your hearing loss is linked to your workplace can be a challenging task. While most noise exposure happens over time, sometimes an accident – such as an explosion or head injury – can cause permanent and irreversible hearing loss. Your employer and his or her worker’s comp insurer may try to argue that your loss of hearing was due to an activity outside of the scope of your employment.

That is why it is important to report your work-related injury and get medical care immediately. Your treating doctor can help diagnose your condition and determine the extent of your hearing loss.

Wisconsin’s Department of Workforce Development (DWD) has set standards for evaluating worker’s comp claims involving loss of hearing. For instance, an audiogram or hearing test is required. The DWD will use a formula to measure the amount of hearing loss you have suffered and how to compensate you for your loss. Be sure to attend appointments and follow through with recommended treatments.

Having a lawyer on your side during this entire process may benefit your worker’s comp claim and help to ensure that you are able to receive the benefits you need for your hearing loss.

Worker’s Compensation Benefits for Hearing Loss

If your work environment contributed to your hearing loss, you may be eligible for worker’s compensation benefits. You may be able to receive benefits even if you are longer working in a noisy environment or have retired from your job.

It is also important to note that work exposure that contributed to your loss of hearing does not have to be the sole cause of your loss of hearing. Your work environment could have been inherently noisy.

Worker’s comp benefits you may be able to obtain include the following:

• Medical expenses related to your hearing loss
• Loss of wages due to permanent loss of hearing

Under Wisconsin’s worker’s comp law, medical expenses incurred for doctor visits, audiology testing and hearing aides are covered. The amount in compensation, however, varies on a case-by-case basis.

Employer Responsibility for Occupational Noise Exposure

Employers have a responsibility to ensure their workers have the proper safety and protective gear to protect them from occupational noise exposure. The Occupational Safety and Health Administration’s (OSHA) compliance requirements for employers to reduce hearing loss include, but are not limited to:

• Implementing a hearing conservation program
• Providing workers with protective hearing devices
• Training workers on the proper use of these devices

If your employer has failed to meet any of these OSHA compliance requirements or refuses to file a worker’s comp claim, we recommended hiring legal representation sooner rather than later.

See How a Lawyer May Be Able to Help You Get Benefits

If you have suffered work-related hearing loss or hearing problems from a noisy work environment, it may benefit you to speak with a licensed Green Bay-based worker’s compensation lawyer. Our firm is well-versed in Wisconsin worker’s comp laws and how these laws may apply to your circumstances.

We also have a proven track record, successfully recovering millions in compensation on behalf of our clients. If you have a valid claim, we are ready to fight for the maximum compensation possible.

An initial consultation costs nothing so there is no risk to you. It will allow you the opportunity to ask any questions you may have and learn how we may be able to help. There are no upfront fees if you hire us.

Call (920) 328-0700 for a Free Case Review Today.

The timeline to return to work begins on the day you became injured on the job. After your immediate medical needs have been met, your treatment and recovery are tracked until you can get back to work.

During this time, your boss may pressure you to return to work quickly. He or she may even threaten to let you go. However, only your doctor has the authority to decide when you have recovered enough to return to work. Even if do not feel ready, it is important to return to work when you are cleared to do so or you risk losing your benefits.

An experienced worker’s compensation lawyer in Appleton is ready to assist you and advocate for your best interests. We have helped many injured workers over the years obtain worker’s comp benefits. The initial consultation we offer is free of charge and there are zero upfront fees to utilize our services.

Call (920) 245-3400 for a Free Case Review.

Deciding Factors For You Returning to Work

While you are recovering from an injury, multiple factors are involved in you returning to work. You will need to keep in contact with your boss and his or her worker’s comp insurer about your treatment.

However, neither your boss nor their insurance company decides when you are able to return to work. Your boss may even try to force you to return early but you are under no obligation to do so.

Your treating doctor is the only one qualified to determine when you can get back to your job duties. He or she will conduct exams throughout your recovery process. Your doctor may decide to release you for a full return or a return with some restrictions. These restrictions may include avoiding certain movements, such as standing for long periods, or limits on how much weight you are able to lift or carry.

Some injured workers are not cleared for work until they have reached maximum medical improvement. This means that they have healed from their work injury as best as they are ever going to.

What if I Do Not Agree With the Decision?

If your doctor has cleared you to return to work, you may not feel that you are ready. Perhaps you do not feel fully recovered from your injury or think you need further physical therapy or other treatment.

However, you are required by law to return to work unless you successfully appeal the decision. It is important to note that you can always ask for a second opinion. Refusing to return to work after an injury will likely jeopardize your employment and worker’s compensation benefits.

If you are returning to work with a partial disability or some work restrictions, you have the right to ask for accommodations to help facilitate your return. Under the law, your boss and his or her worker’s comp insurer are required to make accommodations as long as they are reasonable and attainable.

When Your Doctor Releases You on Light Duty

While you are still being treated for your injury or undergoing physical therapy, your doctor may decide that you can return to work but on light duty. This means that you are able to perform some tasks, but not all of your previous job duties due to your current medical limitations.

If your boss does not have a light-duty job available, you may still be able to continue receiving worker’s comp benefits. If there is a light-duty job you can do, your doctor will need to approve it and the expected duties before you can return to work. If you will get paid less than what you were earning before being injured, you may be able to receive partial benefits.

After returning to work, worker’s compensation is still responsible for paying any ongoing medical bills related to your workplace injury. Your full benefits may be reinstated under the following conditions:

• You get laid off from your job
• You are fired without just cause
• Your doctor reevaluates you and decides that you should not be working

Can I Be Fired for Not Returning to Work Quickly?

Your boss is not legally allowed to fire you if your doctor has excused you from missing work. This includes not taking a light-duty job that does not meet the restrictions set forth by your doctor.

Any employer that harasses or threatens you after a work injury may be in violation of Wisconsin’s worker’s compensation law. However, state law does not require employers to hold your job. If your job must be filled while you are out recovering from your workplace injury, your boss is within his or her legal right to do so. Fortunately, your worker’s comp benefits will likely continue.

Get Legal Help You Need After a Workplace Injury

If you are facing issues with returning to work, our lawyers at Sigman Janssen are here to help. We are well-versed in the state’s worker’s compensation system and have a proven track record. We have successfully recovered hundreds of thousands of dollars for injured workers throughout Wisconsin.

Contact us today to get started on reviewing your situation. An initial consultation comes at no cost, risk or obligation to you. We only get paid for the services we provide if we help you obtain benefits.

Trusted. Local. Lawyers. Ph: (920) 245-3400

All vehicles have blind spots that reduce visibility in front, back and to the sides. When drivers fail to check their blind spots before changing lanes, they can cause serious accidents. The same is true for commercial truck drivers. The larger the vehicle, the larger the blind spot and the more damage that can happen if the larger vehicle hits a smaller, passenger vehicle.

Since commercial truck drivers and other drivers sharing the road can take steps to prevent a blind spot accident, you may have questions about who may be at fault or share responsibility for these accidents. Below, we discuss blind-spot accidents with commercial trucks in greater detail.

If you have been injured or lost a loved one in a truck-related accident, Sigman Janssen is here to help. Our firm has a proven track record, recovering millions in compensation on our clients’ behalf. The initial consultation comes at no risk, cost or obligation to you. There are no upfront fees unless we win.

Learn more about your rights: (920) 328-0700.

Where Are a Commercial Truck’s Blind Spots?

Commercial trucks have four blind spots known as “No-Zones.” If you drive within these blind spots, the truck driver cannot see your vehicle. The truck driver may turn or change lanes directly into the path of your vehicle.

Blind spots on a commercial truck exist:

• Up to 20 feet in front of the truck
• Anywhere on either side of the truck
• Up to 200 feet behind the truck

To be as safe as possible, it is important to not be in a blind spot too long. Change lanes, slow down, or speed up – without going over the posted speed limit – to help increase your visibility. If you cannot see a commercial truck driver in your rear-view mirror, the driver likely cannot see you.

Causes of Blind-Spot Accidents with Commercial Trucks

Blind-spot accidents with commercial trucks often occur when truck drivers try to change lanes or merge. A passenger vehicle may get sideswiped or crushed because of the weight of the truck. Side collisions can happen when a truck driver fails to pay careful attention to his or her surroundings.

Perhaps a commercial truck started to move into a lane and another driver occupying the lane was unable to slow down to avoid an accident. The driver may have had to swerve or move into another lane but ended up hitting another vehicle. On smaller, two-lane roadways, a driver may have had to swerve into a lane of oncoming traffic. The result in these situations can be catastrophic.

If a truck driver is following a vehicle too closely, he or she likely cannot see it. The truck may rear-end the vehicle, sending the vehicle into another lane of traffic or off the road, causing severe injuries.

Assessing Fault for These Types of Accidents

Many truck-related accidents, including blind-spot accidents, are due to a truck driver’s negligence. For instance, a truck driver may cause a blind-spot accident because he or she was:

Aside from the truck driver, there could be other parties responsible for causing the accident.

A trucking company may be found partially at fault for failing to properly hire, train and supervise its employees. This includes failing to repair or install the necessary mirrors to avoid a blind-spot accident.

A truck driver’s employer could also be at fault for allowing him or her to operate a commercial vehicle without the appropriate qualifications. Product manufacturers may even be liable for defects in the design or manufacturing of a collision avoidance system or blind-spot monitoring system.

Can Victims Be Found Partially Responsible?

Victims may be found partially responsible for the accident if they could have sped up or slowed down so that the truck driver could see them. Even if you did everything possible to get out of a commercial truck’s blind spot, the truck driver still needs to be cautious when changing lanes or merging.

It is important to note that truck drivers have a responsibility to others sharing the road to operate a commercial vehicle in a safe manner. This means using their mirrors or using collision avoidance technology to help prevent a blind-spot accident.

Let Our Lawyers Help You After a Truck-Related Accident

If you need legal help after an accident, we recommend reaching out to one of our qualified Oshkosh truck accident lawyers. We can review your situation and discuss your available legal options during a risk-free, zero-obligation consultation. We have been helping car accident victims for many years.

Talk to a lawyer today. Ph: (920) 328-0700.

Many people take on seasonal work to earn extra income, develop or strengthen an existing job skill or ease back into the workforce. Seasonal work is not just reserved for the holiday season or for in-person positions. Working a seasonal job, however, may affect your eligibility for Social Security Disability benefits.

Generally, being employed could affect your eligibility for benefits if the work is deemed sustainable. This is determined based on the kind of work you do and the amount you earn per month.

If you do seasonal work or are considering it and want to apply for disability benefits, it is in your best interest to consult with an experienced Oshkosh Social Security Disability lawyer. The lawyers at Sigman Janssen are here to review your situation in a free initial consultation.

Learn more by calling (920) 245-3400.

Substantial Income

A condition to receive and retain Social Security Disability benefits is that you cannot earn a substantial income. This is otherwise known as engaging in substantial gainful activity (SGA). You cannot make more than the earnings limit for that year. Otherwise, your disability benefits may be discontinued.

While doing seasonal work may not seem like enough to earn a living, the SSA may think that your part-time work demonstrates an ability to work normal hours, with or without employer accommodations.

Trial Work Period

Disabled individuals are encouraged to try and re-enter the workforce when possible. If you had to stop working because of your disability, doing seasonal work may be a good option. Working a seasonal job will not make you ineligible for benefits under a trial work period – an incentive offered by the SSA.

You are able to test your ability to work for at least nine months. The nine months do not have to be consecutive within a rolling five-year period. However, it is important to keep track of the number of months you work so that your disability benefits are not discontinued.

Disability Review

Working while receiving Social Security Disability benefits may trigger what is known as a Continuing Disability Review (CDR). The SSA reviews almost anyone who receives disability benefits at set interval times. Certain things that may trigger a CDR include:

• If your medical condition has improved;
• A new treatment for your condition is now available; or
• You return to work and make over the SGA limit

If you have not been receiving Social Security Disability benefits for that long, doing work may also trigger a review. The findings of a CDR could lead to your disability benefits being canceled.

Unsuccessful Work Attempt

If you attempted to do seasonal work but were forced to stop working due to your disability, you may still be able to receive benefits throughout the months you were working. Perhaps you had to resign or were terminated because your disability did not allow you to perform the work tasks required of you.

Duty to Report

It is important to note that Social Security Disability recipients must report all earnings – including seasonal work – to the SSA. The upside is that these earnings could count toward your future benefits. (You are able to earn Social Security credits when you work in a job and pay Social Security taxes.)

You also have a duty to report the following work-related changes:

Reach Out for Trusted Legal Help

If you want to apply for Social Security Disability benefits and still take on seasonal work, it is important to know about how working can impact eligibility for benefits. Learn more about how seasonal work could affect eligibility for benefits during a risk-free, no-obligation consultation with an experienced lawyer at no cost to you.

We are ready to discuss the SSA’s rules on work earnings and how they may apply to you. There are zero upfront fees to retain our services and no fees unless we help you obtain benefits.

Talk to a lawyer today: (920) 245-3400.

Most workers in Wisconsin qualify for worker’s compensation benefits. However, some employers may misclassify their workers as independent contractors to avoid paying benefits. By listing certain workers as independent contractors instead of employees, a company may pay less for worker’s comp insurance.

If a misclassified employee gets injured on the job, he or she may be unable to receive worker’s comp benefits for medical expenses and lost wages. At Sigman Janssen, we have helped many injured workers obtain the benefits they are rightfully owed under the Wisconsin worker’s compensation program.

Injured workers who are improperly classified as independent contractors may be eligible to file a third-party claim against an employer. Schedule a free consultation to see how we may be able to help you. We are ready to answer any questions you may have about the worker’s comp claims process.

Call (920) 328-0700 for a Free Case Review.

Employee Misclassification is a Serious Issue

Worker’s compensation is a form of insurance that protects an employer or company from claims by employees who suffer a work-related injury or illness. Employers are generally required to provide coverage for their employees. Most workers are covered – unless you are an independent contractor.

Although an employer can save money if they do not list a worker as an employee, doing so is illegal. Employee misclassification is a serious issue that can lead to complications when a worker is injured on the job. An employee who is misclassified can not only be denied worker’s comp benefits, but he or she may also be denied access to other benefits such as overtime pay and unemployment insurance.

Workers as Employees or Independent Contractors

For those injured in a workplace accident, employee misclassification becomes problematic as soon as they file for worker’s compensation benefits. Workers may be surprised when their claims are denied, and they are notified that they are listed in the system as an independent contractor and not an employee.

The Wisconsin Department of Workforce Development (DWD) requires coverage for full-time and part-time workers and others who have been hired to do certain jobs. Since independent contractors are not considered employees, Wisconsin employers are not legally obligated to provide coverage.

However, an employer does not get to choose who is an independent contractor. A worker is also not an independent contractor just because an employer or company says he or she is one.

Wis. Stats. § 102.07(8) outlines a number of conditions that must be met in a nine-part test to consider a worker as an independent contractor. The conditions for independent contractors include:

If all the above requirements are not met – for worker’s compensation purposes – a worker is considered an employee and not an independent contractor. This means he or she has the right to worker’s compensation benefits in the event of a work-related injury or illness. Companies in Wisconsin can face serious consequences for misclassifying or attempting to misclassify a worker.

Appealing a Denied Workers’ Compensation Claim

If you believe you have been misclassified as an independent contractor, you may have already been denied worker’s comp benefits. If that is the case, you may be able to appeal the decision.

Our firm is well-versed in appealing worker’s compensation claim denials and is prepared to help you and your family during this difficult time. There is only so much time to file an appeal.

At an appeal hearing, you will be able to present evidence and testimony to support your claim. This is only possible if your worker’s comp claim is not settled beforehand. An Administrative Law Judge (ALJ) will review all the evidence submitted and issue a decision based on his or her findings.

We know how lengthy and complex the worker’s comp appeals process can be. We are prepared to gather the necessary evidence of your employment status and argue your case before an ALJ.

Injured at Work? Contact an Experienced Lawyer

An experienced and licensed Appleton-based worker’s compensation lawyer is here to help you – whether that means filing or appealing a worker’s comp claim to get you the benefits you need.

We are ready to review your situation in a free consultation to determine if you have been misclassified by your employer. Employers who intentionally misclassify employees to save money should be held accountable for their actions. If you have a valid claim, we charge zero upfront fees for our services.

Have a Question? Call (920) 328-0700.

The Social Security Administration (SSA) has made several changes to Social Security benefits this year. These changes include a higher cost-of-of living adjustment, an increase in full retirement age and new income limits for disability recipients. Staying up-to-date on changes to Social Security is vital because these changes may affect your eligibility for benefits and your benefit amount.

Our licensed Green Bay Social Security Disability lawyers have many years of experience helping clients apply for benefits. It costs nothing to talk to a lawyer at our firm. The initial consultation is 100 percent free with no obligation to move forward.

Call (877) 888-5201 to learn more.

Significant Increase in Cost-of-Living Adjustment

The cost-of-living adjustment or COLA is an increase made to Social Security benefits to counteract the effects of inflation. The COLA has averaged 1.4 percent in the past 10 years.

This year, Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) recipients are receiving a 5.9 percent increase to their monthly benefits. This is the largest COLA in forty years.

The monthly maximum federal amounts for SSI are $841 for eligible individuals (from $794 last year) and $1,261 for eligible couples (from $1,191 last year). Other Social Security benefits increases include:

• A payment increase of $76 per month ($1,282 to $1,358) for the average disabled worker
• A payment increase of $92 per month (from $1,565 to $1,657) for the average retired worker
• A payment increase of $154 per month (from $2,599 to $2,753) for the average aged couple, both receiving benefits

Social Security Retirement Age Going Up

Full retirement age is increasing to 67 for those born in 1960. This is a two-month increase compared to last year at 66 years and 10 months for those born in 1959. For anyone born between 1955 and 1959, the full retirement age is increasing in two-month increments until age 67 for those born in 1960 or later.

Workers who claim Social Security before their full retirement age will receive a permanent reduction in their monthly payments. Early retirement at age 62 reduces a recipient’s benefit amount by 30 percent. If you wait to until full retirement age, you may be able to receive up to $3,345 per month.

New Income Limits for Disability Recipients

In order to qualify for disability benefits, you are not able to engage in substantial gainful activity (SGA). If you earn more than a certain amount each month, you have engaged in SGA.

Non-blind SSDI and SSI recipients can also now earn up to $1,350 per month without their benefits being stopped. This is an increase of $40 per month or $480 extra annually.

Blind SSDI recipients can now earn up to $2,260 a month without their benefits being stopped. (SGA does not apply to blind SSDI recipients). This is an increase of $70 per month or $840 extra annually.

If you receive SSDI, you may be able to test your ability to work for nine months and still receive your full benefit in a trial work period (TWP). Any month you earn over $970 will count toward your TWP.

Social Security Benefits Staying the Same

Although there are several changes to Social Security benefits – such as the 5.9 percent benefit increase – there are some things that are not changing this year.

For instance, the SSI resource limits will stay the same. The value of your resources is one important factor that determines your eligibility for SSI benefits. Your resources (cash, bonds, stocks, personal property, etc.) must not exceed $2,000 for individuals or $3,000 for couples.

Social Security tax rates will stay the same for employees at 6.2 percent and 12.4 for self-employed individuals. There is also no limit on the amount of earnings subject to Medicare tax. Medicare health care coverage is available for certain people with disabilities who are under age 65.

Call Our Firm for Answers to Your Questions

At Sigman Janssen, we understand the impact a denied disability claim can have on an individual and his or her family, especially when these benefits are a claimant’s main source of income. Our lawyers have extensive experience representing individuals in the claims and appeals processes. We are well-versed in the SSA’s regulations and have the resources needed to recover the benefits our clients’ needs.

We offer initial consultations at no cost. You are not obligated to move forward after this meeting. Our firm is available anytime, day or night, to take your call and answer any questions you may have.

Licensed. Local. Lawyers. Ph: (877) 888-5201

As parents get older, adult children often have many concerns and difficult decisions to make. One concern is discussing when it may be time for an elderly parent to stop driving.

Having a driver’s license is a way for the elderly to maintain their freedom. However, with age comes medical conditions that can make them unsafe drivers.

What if your elderly parent causes a crash? Could you be held liable for damages?

Sigman Janssen discusses legal liability in these cases. We know how tough it can be to take away an elderly parent’s driving privileges. Many elderly parents want to keep driving for as long as possible. Still, it may be necessary to help keep them and everyone else safe on the road.

If you need legal help after a crash, our attorneys are here to help. We have recovered millions in compensation for our clients, including $2 million for a car crash victim who sustained multiple orthopedic injuries. The initial consultation is free of charge and comes with no obligation to hire us.

Call Us Today at (877) 888-5201.

Do Elderly Drivers Cause More Car Crashes?

Overall, elderly drivers tend to be safer drivers. They are involved in fewer car crashes than younger drivers. This is because elderly drivers have more experience behind the wheel, are usually more cautious on the road, and are willing to abide by speed limits and other traffic laws. However, it is an unavoidable fact that aging causes a gradual decline in both vision and physical reaction times.

According to the U.S. Centers for Disease Control and Prevention, the risk of sustaining serious or fatal injuries in a car crash increases among drivers aged 70 or older per mile driven. The reason for this increased risk is because of many medical conditions that affect the elderly and their ability to drive:

• Cataracts
• Arthritis
• Muscle weakness
• Dementia
• Alzheimer’s Disease
• Diabetes complications
• Heart conditions
• Hearing loss

For instance, an elderly driver with early on-set dementia may get confused and drive the wrong way on the road. An elderly driver with declining vision, especially traveling at night, may misjudge distances, make improper turns, or fail to yield at intersections and can potentially cause a catastrophic car crash.

Can I Be Held Liable If My Elderly Parent Causes a Crash?

In most cases, adults are responsible for their own actions behind the wheel. If your elderly parent is of sound mind and capable of making decisions for himself or herself, you generally may not be held liable if he or she causes a car crash. Being responsible for an elderly parent from a legal standpoint does not automatically create liability. However, there are some important exceptions.

For instance, if you knowingly allowed an elderly parent to get behind the wheel with some form of dementia, you may be assessed with fault for a crash. This includes loaning your car to an elderly parent you know is unfit to drive. This is known as “negligent entrustment”.

Every case is unique, which is why we recommend speaking with a licensed Appleton car crash attorney sooner rather than later to learn more about your legal responsibilities in a free case review.

Does Wisconsin Have Laws About Being Too Old to Drive?

Wisconsin has no laws about this. However, there are laws for license renewals once drivers turn 65. Maintaining a valid license does depend on one’s ability to drive safely. Drivers under age 65 may renew their license online but after age 65, drivers must go to the DMV for license renewals every eight years.

During the renewal process, the DMV will determine if the functional capabilities of a driver may interfere with his or her ability to exercise ordinary and reasonable operation of a motor vehicle.

Drivers may be required to pass a vision, written and/or road test under certain circumstances. Should there be any concerns, the DMV may ask for additional testing or a copy of the driver’s medical report.

Discussing Unsafe Driving With Your Elderly Parent

Having an elderly parent give up driving is no easy task. Most adult children have a hard time raising concerns when they suspect an elderly parent should no longer be able to drive.

However, it is important to communicate your concerns. Some ways that may help an elderly parent come to terms with the decision to stop driving include just being open and honest. Be sure to approach the situation in a sensitive manner without causing him or her embarrassment.

Schedule a time that is convenient for him or her and talk about driving and safety without being pushy, demanding or confrontational. It may take some time for an elderly parent to agree with you that it is unsafe to drive. He or she may also have concerns or fears to talk to you about.

Community resources may also be available to help you develop a plan of action. The National Highway and Traffic Safety Administration offers a variety of resources for elderly drivers and their loved ones.

Reach Out to Our Firm for Trusted Legal Help

At Sigman Janssen, we have many years of experience fighting for the rights of victims injured in preventable crashes. We are ready to review your situation and answer any legal questions you may have during a risk-free, zero-obligation consultation. There are no upfront costs to hire our firm.

Available 24/7 to Take Your Call: (877) 888-5201

Passengers involved in car accidents may be eligible to pursue full compensation for their injuries under Wisconsin law. As a passenger, you may be able to file an injury claim against any driver who was negligent and caused the crash. Depending on the situation, you may be able to file a claim with the insurance companies for the driver of the vehicle you were in, and the other driver involved in the crash.

If you or a loved one has been injured in a car accident, Sigman Janssen is here to help. We have been providing legal counsel to injury victims for nearly 100 years, recovering millions in compensation on their behalf. We are ready to conduct a detailed investigation and gather supportive evidence to determine who bears fault for your injuries. The initial consultation is free without any obligation involved.

Call (877) 888-5201 to get started.

Knowing Your Legal Rights as a Passenger

If were a passenger in a car accident, you may have a legal right to file an injury claim. In Wisconsin, drivers are responsible for compensating injured passengers if they were negligent in causing the crash.

In some instances, only one driver may be to blame for an accident, but that may not always be the case. You may be able to sue one or more drivers for your injuries if it can be proven that their actions caused the crash. An experienced lawyer can help you pursue full compensation for your damages.

Determining Liability for Each Driver

The liability of each driver will need to be determined so your lawyer knows which insurance companies may be on the hook for damages. As an injured passenger, your claim may involve both drivers’ insurance companies unless one driver is absolved from responsibility for the crash.

The total amount of compensation covered by each drivers’ insurer will depend on their individual degree of fault. For instance, if each driver is deemed equally at fault, they may split the cost of a passenger’s expenses evenly.

However, if the driver of the vehicle the passenger was riding in was found 60 percent responsible and the other driver involved was found 40 percent responsible, one party would pay 60 percent and the other 40 percent. However, there are instances when the 60% at-fault driver can be responsible for 100% of the damages. This is called joint and several liability. This is a complicated concept and requires an experienced law firm to evaluate and pursue damages from the appropriate parties and insurers.

It is important to note that a passenger could also share fault. Even if you are partially responsible, you may still be able to recover compensation, provided you are not more at fault than any other party.

Challenges Involved in Suing Both Drivers

Pursuing injury claims against more than one driver can be challenging for several reasons.

Both drivers involved may point the finger at one another and say that the other was completely responsible for the car accident. If you decide to file a claim against only one driver and that driver was not found to be negligent, you may be unable to recover compensation. If that driver was only deemed partially at fault, you may not be able to recover the compensation you need to cover the extent of your injuries.

That is why you need a trusted attorney at your side to help you pursue compensation from all liable parties. Claims involving multiple insurance policies can quickly become complicated, particularly if you try to manage things on your own.

You may not be the only passenger involved. If multiple passengers were injured in the crash, it may be harder to file an injury claim and get the compensation you need.

For instance, say a driver rear-ends another vehicle with three passengers. Every passenger suffers injuries and files a claim against the negligent driver. They are making a claim against the same policy. The at-fault driver may not have enough liability insurance to cover all injured passengers. If your damages are more than the driver’s policy limit, the remaining balance will not be covered by the driver’s insurer. In these instances, there may be underinsured motorist coverage available for your damages. However, there are specific procedures and notices that must be filed in order to preserve your ability to pursue an underinsured motorist coverage claim.

Consult With a Licensed Attorney Today

A licensed auto accident lawyer in Green Bay is ready to advocate for you if you have been injured in an accident. Find out how we may be able to help you by scheduling a free initial consultation today. There is no risk in reaching out to get answers to your questions and no obligation to hire our firm.

If you have a valid case, there are zero upfront fees to retain our legal services. We only get paid if we successfully help you recover compensation through a settlement or court verdict.

Free Case Review. Ph: (877) 888-5201

In Wisconsin, someone who suffers from a work-related mental injury may be able to obtain worker’s compensation benefits from his or her employer.

Our attorneys at Sigman Janssen explain circumstances when these benefits may apply and why you may want to consider having an attorney represent you and guide you through the claims process.

Worker’s comp claims for mental injuries and other psychological issues can be difficult to prove. An Appleton or Green Bay worker’s compensation attorney is ready to provide the legal help you need to obtain benefits. Call to schedule a free initial consultation to learn how we may be able to help you.

Free Case Review 24/7. Ph: (877) 888-5201

Mental Injuries Under Wisconsin Worker’s Compensation

Simply saying that your job causes stress is not enough to validate a claim for a mental injury. According to Wisconsin Worker’s Compensation Act, non-traumatic mental injuries that arise from extraordinary work stress may be compensable. A non-traumatic mental injury is a psychological injury that a worker sustains in the course of his or her employment that is generally not related to physical trauma.

Wisconsin’s worker’s compensation laws recognize three kinds of work-related mental injuries:

• Physical-Mental – A physical issue (i.e. chronic pain) leads to a mental injury such as post-traumatic stress disorder (PTSD), psychogenic pain disorder or depression
• Mental-Physical – Work stress leads to a physical issue such as a stroke or heart attack
• Mental-Mental – Witnessing a traumatic event (i.e. harassment on the job, verbal or physical abuse from co-workers or employers) leads to a mental injury such as PTSD

To obtain benefits for a mental injury, you will need to establish that the stress of your job leads to an issue and prove that the stress of your job was unexpected for the industry you are working in.

Incident Must Meet Extraordinary Stress Standard

Each worker experiences stress each day. However, the type and amount of stress can vary significantly based on your job and industry. Stress also affects people at work differently.

Worker’s comp claims for mental injuries are evaluated based on whether the incident that caused the issue was extraordinary compared to day-to-day stresses and tensions all workers routinely experience.

The extraordinary stress standard is different for each profession. First responders and other emergency personnel, for instance, are frequently exposed to gruesome injuries as part of their job. Police officers and firemen could make a claim that is considered standard for emergency personnel.

Construction workers may also witness or experience gruesome injuries but not as often in the course of their employment. Office workers, however, are not likely to encounter the same kinds of stress.

The extraordinary stress standard also takes into consideration the nature of the job stressor. Some people are more resilient when faced with stress than others and may not experience a temporary or permanent impairment. Someone with a preexisting mental disorder or someone who is less resilient to stress may experience debilitating symptoms that are severe enough to make him or her mentally unable to perform the job.

Every situation must be carefully assessed, which is why these claims are hard to prove.

Challenges of Proving a Work-Related Mental Injury

Mental injuries are more complex than physical injuries. These kinds of work-related injuries are much less more difficult to prove with diagnostic testing, such as an X-ray or MRI.

For instance, if a worker breaks his or her leg after a fall, an X-ray is likely to clearly diagnose and document the injury. Filing a worker’s comp claim for physical injuries is usually straightforward.

Most mental injuries, however, do not have a specific type of diagnostic test. Different types of tests are usually done to help clarify a diagnosis and plan treatment.

To make a worker’s comp claim, the burden of proof is on the worker to show the following:

• Mental injury was caused by or arose out of the scope of his or his employment
• Mental health condition has resulted in temporary or permanent impairment
• Mental issue prevents you from working (i.e. inability to focus and perform tasks)

Importance of Seeing a Mental Health Professional

Just like workers who must see a doctor to treat their physical injuries, workers suffering from a mental injury and pursuing benefits must also see a mental health professional.

It is important to be examined by a mental health professional, such as a psychiatrist, psychologist, or therapist, sooner rather than later to help establish evidence of your mental injury.

Be prepared to discuss the symptoms you are experiencing in detail and how your working environment is a contributing factor to your mental issues. Common symptoms of a mental injury include depression or anxiety, withdrawal, changes in mood and behavior, trouble sleeping and memory issues.

A mental health professional could help you connect your symptoms to your work activities. Perhaps a single incident or recurring circumstances can be reasonably linked to your mental injury. You may want to also consider keeping a daily journal to document the severity and extent of your symptoms.

Learn How an Attorney May Be Able to Help You

If you have suffered a work-related mental injury, you may qualify for benefits. We encourage you to contact an attorney at our firm to review your claim. We are well-versed in the state’s workers comp laws and how they may apply to you. The initial consultation is free of charge and carries no obligation.

There is also nothing to pay up front for our services. We only get paid if we help you obtain benefits.

Call (877) 888-5201 for Trusted Legal Help.