Conditions That May Expedite Approval for Social Security Disability

man with condition that automatically qualifies for disabilityDid you know that certain conditions may automatically qualify a claimant for Social Security Disability?

The Social Security Administration’s (SSA) Compassionate Allowances program helps severely disabled individuals avoid the lengthy claims process that can take several months to more than a year. The program provides expedited processing for serious medical conditions under an SSA impairment listing.

If you require assistance filing a disability claim or appealing a denial notice, an experienced Oshkosh-based Social Security Disability lawyer at our firm is here to help. We know what it takes for claimants to get approved for disability benefits. Let us review your situation and determine if we may be able to help you during a risk-free, zero-obligation consultation.

Free Case Review. Call (877) 888-5201 today.

Compassionate Allowances and Social Security Disability

Certain diseases and conditions are clearly so disabling that the SSA will expedite the approval process for disability benefits. Compassionate Allowances is a fast-track program that identifies and lists serious and life-threatening conditions that, by definition, meet the standard for disability.

In other words, you must have a disabling condition, which renders you unable to work and is expected to last at least 12 months or result in death. Compassionate allowances apply to both Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) claims.

There are more than 200 medical conditions on the list, including certain cancers, rare and genetic diseases, neurological disorders and terminal illnesses.

Conditions on the compassionate allowances list (CAL) include, but are not limited to:

  • Acute leukemia
  • Anaplastic thyroid carcinoma (a form of thyroid cancer)
  • Early-onset Alzheimer’s disease
  • Hepatocellular carcinoma (a form of liver cancer)
  • Gallbladder cancer
  • Inflammatory breast cancer (IBC)
  • Lou Gehrig’s disease (ALS)
  • Pancreatic cancer
  • Small cell lung cancer

If your medical condition is not on the list or is not presently eligible for a compassionate allowance, be sure to check the SSA’s website for regular updates.

The SSA identifies new conditions from information provided by the public, Social Security and Disability Determination Service communities, medical and scientific experts, and research provided by the National Institutes of Health (NIH). You can also suggest the name of a condition for consideration.

Filing for Disability with a Compassionate Allowance

You do not apply specifically for a compassionate allowance. The SSA reviews all disability claims to determine which claims qualify as compassionate allowances.

Should you have a CAL condition, it is best to file a claim for disability benefits sooner rather than later. Your condition must be clearly documented and validated through medical evidence.

Many compassionate allowance cases are due to cancer. For example, the SSA may ask that you submit your biopsy report and a letter from your physician detailing your diagnosis.

Unlike a typical disability claim, minimal objective information is required. Proof of a serious medical condition is enough to presume disability.

How Are Compassionate Allowances Cases Processed?

The SSA automatically places claimants who qualify for compassionate allowances ahead of other claimants to ensure that their cases are handled swiftly.

For some conditions, you may be approved for disability benefits within 10 days from the filing date. The average time for the SSA to process a compassionate allowance case is about two weeks.

If you have a CAL condition but have yet to hear back within one month after filing a claim, be sure to contact the SSA. A licensed lawyer at Sigman Janssen is also ready to navigate the claims process for you. He or she can help ensure that all the requirements are met to be entered into the CAL program.

Find Out if You Are Eligible for Disability Benefits

Filing a claim for disability benefits can be a complicated process. If you are not sure if you have a CAL condition, it is best to consult with an experienced lawyer. Your odds of approval can increase with the help of a lawyer. Sigman Janssen is ready to review your claim in a free consultation.

You are not obligated after meeting with us to move forward. There are no upfront fees to retain our services and no fees unless we help you get disability benefits. Contact us anytime, day or night.

Have Questions? We Have Answers.
Ph: (877) 888-5201

Reviewed By

James Pitz

Attorney · Sigman Janssen Injury & Disability Lawyers
Licensed Wisconsin Attorney

James Pitz has spent more than three decades practicing civil litigation and personal injury law in Wisconsin, building a career defined by results rather than routine. Since earning admission to the Wisconsin bar in 1993, he has represented over 1,500 clients facing injury, disability, and wrongful death claims, developing a reputation for tenacity against seasoned opposing counsel. He holds a Juris Doctorate from the University of Wisconsin Law School and carries admission to both the Eastern and Western District federal courts in Wisconsin, extending his practice beyond state court. James maintains active standing across the state's leading legal associations, reflecting a career built on sustained engagement with the profession rather than a single credential.

  • J.D., University of Wisconsin Law School
  • Licensed to practice law in Wisconsin since 1993
  • Admitted to the U.S. District Court for the Eastern District of Wisconsin
  • Admitted to the U.S. District Court for the Western District of Wisconsin
  • Member, State Bar of Wisconsin
  • Member, Outagamie County Bar Association
  • Member, American Bar Association
  • Member, Wisconsin Association for Justice

When Are Independent Medical Exams Warranted in Injury Claims?

independent medical exam by insurance company doctorIf you were injured in an accident due to another’s negligence, you may be able to pursue compensation by filing a legal claim. You may be able to recover compensation for your medical bills and other related damages.

However, before a payment is issued, the other party’s insurance company may request that you attend an Independent Medical Exam (IME) to verify that your injuries are as serious as you claim.

It is to your benefit to know what an IME is, whether you are required to attend, and the real reason insurance companies often request that this type of exam be performed.

Our experienced Appleton personal injury lawyers know how insurance companies think and the tactics they may use to try to delay, devalue or deny valid claims. We are ready to help you navigate the legal process, including preparing you for an IME.

We are here to help. Call (877) 888-5201 today.

What is an Independent Medical Exam?

An IME is supposed to be an objective assessment of your injuries. This includes what treatment is needed, whether you have a permanent impairment and your ability to work in the future.

The purpose of an IME is to provide insurance companies with a report from a doctor who is not treating you. They want an unbiased, independent doctor to offer his or her perspective on the injuries you suffered. While this sounds like a reasonable request, these exams are anything but impartial.

Are Independent Medical Exams Really Independent?

An IME is performed by a doctor chosen and paid for by the insurance company. The doctor generally has a history of examining injury claims on behalf of insurance companies. The reality is that these exams, despite their intended use, are often used as a tactic to:

  • Dispute the existence or severity of your injuries
  • Attempt to question your credibility
  • Search for evidence that your injury was preexisting
  • Delay payment of your injuries and damages

It is important to remember that insurance companies are for-profit businesses. Their main goal is to save themselves money, which means paying out as little as possible in claims.

If you are unsure or somehow think that agreeing to an IME may improve your chances of settling your claim, we recommend meeting with a lawyer. Unlike an insurance company, a lawyer should have your best interests in mind. A lawyer can explain how you can protect the value of your claim during the exam.

Am I Required to Attend an IME in Wisconsin?

Wisconsin Statute §804.10 allows for such exams in an injury claim. You may refuse to attend an IME, but you could be compelled to attend by a court order.

How Can I Best Prepare for an IME?

An insurance company is required to give you advanced notice if they request that you attend an IME. This request will include the time, date and location of the exam. If you must attend, it is important that you dress appropriately and be on time. Although your lawyer will likely provide you with more in-depth information to help you best prepare for your IME, below are some suggestions:

  • Be honest about your injuries – The truth about your injuries will come to light through your medical records. Concealing prior injuries or exaggerating an existing injury will only hurt your credibility and your chances of obtaining the compensation you need.
  • Be polite and pleasant – It is important to be respectful and be consistent in your demeanor. This includes politely answering questions asked by the doctor.
  • Keep in mind the doctor is not there to help you – The IME doctor is not providing any treatment or giving medical advice directly to you. He or she is gathering information on behalf of the insurance company. The doctor may seem friendly or act genuinely concerned, but doctors are trained to do this. Stick to the facts and avoid oversharing.
  • Do not exaggerate your injuries – The IME doctor will ask that you perform certain exercises or simple tasks to help assess the severity of your injuries. Give your best effort, but do not make your injuries appear worse. This will not help you obtain full compensation.
  • Review paperwork with your attorney before signing – It is legally not required that you sign things at the exam. Decline politely, but firmly. It is important to have your lawyer review these documents before signing them.

Call Sigman Janssen for Legal Help After an Injury

At Sigman Janssen, we know how difficult it can be to navigate the legal process after being injured in an accident. You may be unsure or feel nervous about attending an IME, but we are here to help.

If you have a valid claim, our lawyers are ready to protect your rights and discuss your legal options during a risk-free, zero-obligation consultation. We have recovered millions in compensation for our clients. There are no upfront fees if we take on a case and no fees while we work on a case.

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

Reviewed By

James Pitz

Attorney · Sigman Janssen Injury & Disability Lawyers
Licensed Wisconsin Attorney

James Pitz has spent more than three decades practicing civil litigation and personal injury law in Wisconsin, building a career defined by results rather than routine. Since earning admission to the Wisconsin bar in 1993, he has represented over 1,500 clients facing injury, disability, and wrongful death claims, developing a reputation for tenacity against seasoned opposing counsel. He holds a Juris Doctorate from the University of Wisconsin Law School and carries admission to both the Eastern and Western District federal courts in Wisconsin, extending his practice beyond state court. James maintains active standing across the state's leading legal associations, reflecting a career built on sustained engagement with the profession rather than a single credential.

  • J.D., University of Wisconsin Law School
  • Licensed to practice law in Wisconsin since 1993
  • Admitted to the U.S. District Court for the Eastern District of Wisconsin
  • Admitted to the U.S. District Court for the Western District of Wisconsin
  • Member, State Bar of Wisconsin
  • Member, Outagamie County Bar Association
  • Member, American Bar Association
  • Member, Wisconsin Association for Justice

Can I Take a New Job While Receiving Worker’s Compensation?

worker taking a new job offerWhen a work-related injury puts an employee out of work for a significant time, he or she may start thinking about getting a new job.

Returning to work may be a challenge because you feel stressed or anxious about what happened. Perhaps you want a safer job or one that is less physically taxing on the body. Maybe you just want to learn some new skills or be challenged in a different way.

If you are receiving worker’s compensation benefits, you may be wondering if your benefits will be affected after switching jobs. This is something you should consider discussing with an experienced Green Bay worker’s compensation attorney at our firm during a free initial consultation.

This consultation is also completely confidential with zero risk or legal obligation. If your claim has merit and you decide to move forward, we do not charge upfront fees to retain our services. Sigman Janssen has a proven track record, recovering millions of dollars in compensation for our clients.

Find out if you have a case: (877) 888-5201

Switching Jobs While on Worker’s Comp

The short answer is yes. You can switch jobs while receiving worker’s comp. Wisconsin’s worker’s compensation system is designed to compensate you for the wages you lost due to an injury, as well as reasonable and necessary medical expenses. It is not meant to keep you from working altogether.

Your benefits will not end just because you change jobs. However, you must be earning less at the new job than you were paid prior to being injured. This is also true if you decide to return to work at your current employer, regardless of whether you are back in the same capacity as before or in a different role.

If you return to work earning the same amount you did prior to being injured, you will no longer receive worker’s compensation benefits.

If you switch jobs and still qualify for benefits, you could receive two-thirds of the difference between your pre-injury and post-injury wages, subject to a maximum limit.

Any Disadvantages with Changing Jobs?

You are responsible for keeping your career moving forward and opening yourself up to new job opportunities. This includes remaining active and healthy. It is important to return to work after an injury only when your doctor advises you to do so. If he or she says you need to perform lighter, restricted work for some time while you heal, it would be ill-advised not to follow these orders.

Returning to work too quickly can cause you to become reinjured on the job. You likely have your reasons for getting back to work sooner rather than later (i.e. paying bills, providing for your family). However, injured workers should think twice and talk to their doctor before making any big decisions about their jobs.

Could Switching Jobs Delay Settling a Claim?

Most worker’s compensation claims are settled as opposed to an employer paying out benefits over an extended period. If you stay at your current job, your employer may be more willing to settle so he or she can avoid paying out future claims on the same injury. On the other hand, if you decide to leave and take a new job, your employer may not be so quick to settle your claim.

Ultimately, the decision is up to you, but it is important to be well-informed of the consequences.

What If My New Job is in Another State?

If the new job you are interested in is in another state, it can make things a bit more complicated. Relocating will impact your ability to keep your previous employer and worker’s comp insurer updated, identify qualified doctors and get treatment authorized.

That is why we recommend speaking with a licensed attorney at our firm who is well-versed in worker’s compensation laws. He or she can help you make sure that your medical records are correct, completed and up to date for your new doctor so that you can avoid treatment delays.

Get Answers to Your Worker’s Comp Questions

At Sigman Janssen, we understand how difficult a work-related injury can be both physically and financially. Our firm has decades of experience advocating for injured workers and their families. We know what it takes to build a strong case to recover the benefits you need.

The sooner you reach out, the sooner we may be able to determine if you have a case. There is no risk in calling us. We are available anytime, day or night. There are also no upfront fees or obligations.

We are here to help. Call (877) 888-5201

Reviewed By

James Pitz

Attorney · Sigman Janssen Injury & Disability Lawyers
Licensed Wisconsin Attorney

James Pitz has spent more than three decades practicing civil litigation and personal injury law in Wisconsin, building a career defined by results rather than routine. Since earning admission to the Wisconsin bar in 1993, he has represented over 1,500 clients facing injury, disability, and wrongful death claims, developing a reputation for tenacity against seasoned opposing counsel. He holds a Juris Doctorate from the University of Wisconsin Law School and carries admission to both the Eastern and Western District federal courts in Wisconsin, extending his practice beyond state court. James maintains active standing across the state's leading legal associations, reflecting a career built on sustained engagement with the profession rather than a single credential.

  • J.D., University of Wisconsin Law School
  • Licensed to practice law in Wisconsin since 1993
  • Admitted to the U.S. District Court for the Eastern District of Wisconsin
  • Admitted to the U.S. District Court for the Western District of Wisconsin
  • Member, State Bar of Wisconsin
  • Member, Outagamie County Bar Association
  • Member, American Bar Association
  • Member, Wisconsin Association for Justice

Seeking Injury Compensation in a Wrong-Way Driving Accident

driver traveling the wrong way on the roadCar accidents caused by a driver traveling the wrong way on the road can lead to serious and potentially life-threatening injuries. These accidents often occur while driving at high speed on highways or in congested areas.

If you have sustained injuries due to a wrong-way driver, you may be eligible to pursue significant compensation to help cover medical bills, loss of income and more.

At Sigman Janssen, we are dedicated to protecting the rights of accident victims, especially when negligence is involved. Let us review your situation and discuss your available legal options during a risk-free, no-obligation consultation. We charge zero upfront fees to take or work on a case.

Call 24/7 for a Free Case Review: (877) 888-5201

Why Wrong-Way Driving Accidents Often Happen

Wisconsin has seen a 230 percent increase in wrong-way driving accidents across the state. The number of deaths caused by these accidents has been higher than the previous five years. There were 500 wrong-way driving accidents reported in 2018 alone.

Wisconsin State Patrol estimates that 86 percent of wrong-way drivers are either intoxicated or impaired, with accidents generally happening between 10 p.m. and 3 a.m. Wrong-way driving accidents are also twice as likely to happen on the weekends compared to the weekdays.

Many wrong-way driving accidents happen at night due to low visibility and when drivers are more likely to be tired or drowsy. These accidents often involve drivers entering a highway exit ramp in the wrong direction

Poor road signs/construction zones can confuse drivers, causing them to travel the wrong way. Drivers texting or reaching for an item in the car can lose focus and veer into the opposite lane

The injuries sustained in wrong-way driving accidents can include lacerations and broken bones but tend to be more severe, resulting in traumatic brain injuries, spinal cord injuries or permanent disability.

Recovering Compensation for Your Injuries

Wisconsin’s laws on auto insurance and car accidents impact how a claim is handled and how much compensation can be sought in a claim. Since fault is a factor in Wisconsin car accidents, the driver who was at fault for causing the accident is also liable for any resulting harm.

You may be asking yourself: How can an insurance company dispute fault in a wrong-way crash?

However, insurance companies often use flimsy excuses to claim the victim is to blame for a crash. It is important not to take a chance by attempting to resolve the claim by yourself. Even if the insurance company does not contest fault, it may try to lowball you with a settlement offer.

You should strongly consider working with an experienced Oshkosh-based car accident lawyer. The attorneys at our firm are prepared to investigate and gather evidence to show that the other driver owed you a duty of care on the road.

While punitive damages are rarely awarded, there may be a chance of pursuing them after a wrong-way crash. You would need to show the driver acted with malice or intentional disregard for your rights. If the victim was heavily intoxicated, the crash may meet this standard. However, this is something that should be discussed with a licensed attorney.

Preventing a Wrong-Way Crash

Some accidents are impossible to avoid, which is often the case with a rear-end accident. You simply may not have enough time to swerve to avoid the crash.

That said, there may be steps you can take to potentially lower your risk of a crash. First, avoid distractions and keep your eyes on the road, particularly if you are right next to traffic traveling in the opposite direction. You may only have a few seconds to avoid a crash. Looking at your phone or changing the radio station could eliminate any chance of avoiding a crash.

If you see a driver heading the wrong way ahead of you, get as far away as you can. Be safe and use your turn signal before changing lanes. Call 9-1-1 and notify them of the wrong-way driver. It is possible the police can be dispatched to get this person off the road. At the very least, you are giving emergency responders a head start in getting to the scene of a crash with the wrong-way driver.

While traffic in the right lane travels slower than traffic in the left, you may want to stay in the right lane at night. That way you are farther away from a wrong-way driver.

What to Do If Hit by a Wrong-Way Driver

Although proving fault for a wrong-way accident may not be as complicated as it might be for other types of accidents, there are steps you can take after the crash to help your attorney.

Move Over and Dial 9-1-1

Certain types of injuries or damages to a vehicle may make it impossible to move over, but if you are able to, get off the road as safely as you can. Dial 9-1-1 and wait for the police to arrive at the scene. An official police report can be an important piece of evidence.

Get Examined by a Doctor

Many injuries sustained in an accident require immediate medical care. Even if you believe your injuries are minor, it is important to get examined by a doctor. You may have hidden symptoms of a brain injury that can get worse over time without treatment. Your medical records can provide proof of the extent and seriousness of your injuries and be able to connect them to the wrong-way driving accident.

Document Everything

If possible, take photos of the scene, your injuries, damage to your vehicle and other property. Jot down everything you can remember while still fresh in your mind. Ask the others involved for their contact details.

Decades Advocating for Accident Victims

Wrong-way accidents often cause serious injuries that often result in a long and costly recovery process. Our lawyers at Sigman Janssen have the knowledge, skills and resources to build a strong case for compensation. We have been advocating for accident victims throughout Wisconsin for decades.

Reach out to schedule a free, no-obligation consultation and see how we may be able to help. There is no risk in calling us to learn about your rights and no upfront fees to utilize our legal services. We only get paid if we help you obtain compensation via a settlement or verdict.

Always on Your Side. Ph: (877) 888-5201

Reviewed By

James Pitz

Attorney · Sigman Janssen Injury & Disability Lawyers
Licensed Wisconsin Attorney

James Pitz has spent more than three decades practicing civil litigation and personal injury law in Wisconsin, building a career defined by results rather than routine. Since earning admission to the Wisconsin bar in 1993, he has represented over 1,500 clients facing injury, disability, and wrongful death claims, developing a reputation for tenacity against seasoned opposing counsel. He holds a Juris Doctorate from the University of Wisconsin Law School and carries admission to both the Eastern and Western District federal courts in Wisconsin, extending his practice beyond state court. James maintains active standing across the state's leading legal associations, reflecting a career built on sustained engagement with the profession rather than a single credential.

  • J.D., University of Wisconsin Law School
  • Licensed to practice law in Wisconsin since 1993
  • Admitted to the U.S. District Court for the Eastern District of Wisconsin
  • Admitted to the U.S. District Court for the Western District of Wisconsin
  • Member, State Bar of Wisconsin
  • Member, Outagamie County Bar Association
  • Member, American Bar Association
  • Member, Wisconsin Association for Justice

How Does Witness Credibility Impact a Car Accident Case?

man just witnessed car accidentWitnesses who saw your crash and are willing to help with your claim can provide invaluable insight into what happened. Their testimony could help you prove the other driver’s negligence and/or the extent of your injuries, helping strengthen your claim for compensation.

Our attorneys at Sigman Janssen explain the importance of having a credible witness for your claim. If you were injured in a car accident, schedule a free consultation to learn how we could help. There is no obligation after this initial meeting to hire our firm, but if you do, there are no upfront fees.

Free Case Review. Call (877) 888-5201

Why Are Witnesses Important?

In a car accident case, the insurance company or jury will likely perceive anyone involved as a biased witness. This is because the injured party and the at-fault party have a stake in the outcome of the case. The injured party is looking to seek compensation for his or her damages while the at-fault party does not want to have to pay for these damages. Each party often has a different version of events.

Neutral witnesses, generally, do not have a vested interest in the result. These are people who happened to be in the area at the time of the accident. They do not have anything to gain by being dishonest or withholding information about the events that led up to the accident. Insurance companies and juries tend to trust the testimony of witnesses who appear to be unbiased if they are credible.

Witness Credibility in a Car Accident

Having a witness who supports your version of events after a car accident will not help strengthen a case unless he or she is credible. Credibility is about being believable and trustworthy. A witness’s credibility can be just as important as his or her testimony. Even if a witness testifies truthfully about what happened, his or her testimony may be ignored or dismissed if he or she does not appear credible.

A witness who is not credible could harm your potential case in several ways. It may cause the insurance company or jury to doubt other witnesses (i.e. medical experts). Your own testimony and statements may also be questioned, which could jeopardize your ability to secure fair compensation. Under no circumstances do you want to be associated with a witness who appears dishonest or unreliable.

Can You Have Too Many Witnesses?

A case does not necessarily become stronger because you have a lot of witnesses. For instance, say you have ten witnesses who are willing to write a statement or testify on your behalf, but many of these witnesses are not credible or have very different accounts of what happened.

These witnesses will be less valuable to you and your potential case compared to having at least one neutral witness who is credible. Having witnesses that may be biased can actually cause more harm than good when seeking compensation.

Factors That May Affect Witness Credibility

Multiple factors may affect the credibility of a witness in a car accident case, such as:

  • Prior criminal record
  • Reputation for not being honest
  • Vested interest in the result (i.e. friends and family)
  • Memory problems or easily susceptible to being confused
  • Under the influence of drugs or alcohol when the accident happened

Other factors that can possibly impact a witness’s credibility include:

  • Role the witness played – If the witness was another driver, the witness may not be credible because he or she should have been focused on driving and avoiding an accident.
  • Distance from the accident – A pedestrian or passenger in another vehicle who witnessed the accident from a safe distance may be deemed more credible than one involved in the accident.
  • Amount observed – If the witness only saw the aftermath but not the accident itself and what transpired beforehand, his or her testimony will likely be less credible.
  • Vision or hearing issues – If the witness did not hear a driver honking or slamming on the breaks, his or her credibility could be disputed. Additionally, if the witness has poor vision or was not wearing his or her prescribed glasses, the witness’s perception may also be questioned.
  • Consistent statements – Any statements made by a witness about the accident and your injuries must be consistent with anything he or she says to the police or under oath in court.

Get the Legal Help You Need Today

If you have been injured in an accident due to another’s negligence, it is in your best interest to reach out to an experienced auto accident lawyer in Green Bay today. We can talk to witnesses to determine if their account of the crash may strengthen your claim. Our firm has helped many accident victims over the years obtain maximum compensation for their damages.

Request a free, no-obligation legal consultation to get started. We charge nothing up front to use our services. We only get paid if we help you recover compensation through a settlement or verdict.

Find out if you have a case. Ph: (877) 888-5201

Reviewed By

James Pitz

Attorney · Sigman Janssen Injury & Disability Lawyers
Licensed Wisconsin Attorney

James Pitz has spent more than three decades practicing civil litigation and personal injury law in Wisconsin, building a career defined by results rather than routine. Since earning admission to the Wisconsin bar in 1993, he has represented over 1,500 clients facing injury, disability, and wrongful death claims, developing a reputation for tenacity against seasoned opposing counsel. He holds a Juris Doctorate from the University of Wisconsin Law School and carries admission to both the Eastern and Western District federal courts in Wisconsin, extending his practice beyond state court. James maintains active standing across the state's leading legal associations, reflecting a career built on sustained engagement with the profession rather than a single credential.

  • J.D., University of Wisconsin Law School
  • Licensed to practice law in Wisconsin since 1993
  • Admitted to the U.S. District Court for the Eastern District of Wisconsin
  • Admitted to the U.S. District Court for the Western District of Wisconsin
  • Member, State Bar of Wisconsin
  • Member, Outagamie County Bar Association
  • Member, American Bar Association
  • Member, Wisconsin Association for Justice

Will I Lose My Worker’s Comp Benefits If My Employer Fires Me?

employee fired while receiving worker's comp benefitsIf you have suffered an injury on the job, it is important to know if you will continue receiving your worker’s compensation benefits until you can return to work. However, what if your employer fires you? Does this mean that you will lose your benefits?

This is a concern for many employees, especially when jobs are few and far between. Sigman Janssen discusses what could happen in this type of situation. If you have been fired while collecting worker’s comp benefits, our firm is here to offer legal help.

We are available to take your call anytime, day or night. An initial consultation with an Appleton-based worker’s compensation lawyer comes at no cost or obligation to you.

Will I Lose My Benefits if I Get Fired?

Wisconsin law does not require employers to hold your job. If they need to fill your position while you are out recovering from a work-related injury, they are within their legal rights to do so. In these situations, your worker’s compensation benefits will likely continue.

However, an employer cannot fire you solely because of your work injury. This includes firing you as retaliation for filing a workers’ comp claim. Filing a claim is completely within your rights. If you were fired through no fault of your own, you may be eligible to receive additional benefits.

Any employer, who without reasonable cause, refuses to rehire an employee injured during the course of his or her employment where suitable work is available – within his or her physical and mental limitations – is liable to pay wages worth up to one year of the employee’s salary. This is in accordance with Wisconsin Worker’s Compensation Statute 102.35 (3).

However, if your employer had good reason to fire you, such as misconduct, your benefits may stop.

Unjustified Reasons for Employee Termination

Wisconsin is an at-will employment state. This means your employer has the right to terminate your position if he or she chooses to. Employees can also resign from their jobs for any or no reason.

There are, however, certain terminations that may be considered unjustified, such as being fired for:

  • Notifying your employer that you suffered a work-related injury
  • Filing a worker’s compensation claim within the time limit
  • Obtaining a doctor’s note that excuses you from missing work
  • Not continuing to work or taking a light-duty assignment that does not meet the restrictions set forth by your doctor
  • Seeking legal advice for help with a worker’s compensation claim

In these situations, your worker’s comp benefits will likely continue. The only way you may lose out on benefits is if you were fired by your employer before you filed a claim or while it was still pending.

Acceptable Termination Reasons

There are also times when an employee is fired for acceptable reasons, which may include the following:

  • Missing work without getting medical care following a work injury
  • Failing to obtain a doctor’s note to excuse you from missing work
  • Disregarding your doctor’s treatment plan while still missing work
  • Refusing to take a light-duty assignment that meets your doctor’s restrictions
  • Misusing work equipment or failing to comply with safety rules that caused your injury
  • Working while under the influence or engaging in horseplay when injured on the job

There may be other legal or illegal reasons for terminating someone. If you think you have been fired by your employer solely because of your work injury, it is in your best interest to reach out to our firm today. We are well-versed in the rights and responsibilities of injured employees in the state of Wisconsin.

Reach Out to an Experienced Attorney Today

Our attorneys at Sigman Janssen have decades of legal experience assisting injured employees to obtain the worker’s comp benefits they need. We are ready to help you file or appeal a denied claim on your behalf. We know what it takes to gather the evidence necessary to connect your injuries to your job.

There is no risk in calling our office to set a free consultation. This initial meeting comes with no obligation to move forward, but if you do, we charge no upfront fees for our services. We only get paid for handling and working on a case if we help you obtain benefits.

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

Reviewed By

James Pitz

Attorney · Sigman Janssen Injury & Disability Lawyers
Licensed Wisconsin Attorney

James Pitz has spent more than three decades practicing civil litigation and personal injury law in Wisconsin, building a career defined by results rather than routine. Since earning admission to the Wisconsin bar in 1993, he has represented over 1,500 clients facing injury, disability, and wrongful death claims, developing a reputation for tenacity against seasoned opposing counsel. He holds a Juris Doctorate from the University of Wisconsin Law School and carries admission to both the Eastern and Western District federal courts in Wisconsin, extending his practice beyond state court. James maintains active standing across the state's leading legal associations, reflecting a career built on sustained engagement with the profession rather than a single credential.

  • J.D., University of Wisconsin Law School
  • Licensed to practice law in Wisconsin since 1993
  • Admitted to the U.S. District Court for the Eastern District of Wisconsin
  • Admitted to the U.S. District Court for the Western District of Wisconsin
  • Member, State Bar of Wisconsin
  • Member, Outagamie County Bar Association
  • Member, American Bar Association
  • Member, Wisconsin Association for Justice

Assessing Social Security Disability Claims in Wisconsin

approval rates for disability claims in wisconsinThe Wisconsin Disability Determination Bureau, which operates through the Department of Health Services, is the state agency responsible for making the initial decisions on disability claims.

Those with enough work credits may qualify for SDDI while residents with little to no previous earnings may qualify for SSI if they have limited income and few assets. If approved for SSI benefits, you may be able to receive an additional monthly payment from the state. The amount of this SSI supplement will depend on your living situation, but for most eligible individuals it is $83.78. Couples may receive up to $132.05.

About 6.2 percent of people living in Wisconsin between the ages of 18 and 64 are receiving SSDI, SSI or both. This is in accordance with the latest data provided by the Social Security Administration (SSA).

While many disability claims are denied, Wisconsin residents have a greater chance of obtaining benefits than the national average. The state has almost a 40 percent approval rate compared to about a 38 percent approval rate nationwide.

If you need help obtaining disability benefits, an Oshkosh-based Social Security Disability lawyer from our firm is available to take your call.

The initial consultation is free. (877) 888-5201.

Appealing a Denied Disability Claim

One of the top reasons for a denied disability claim is insufficient medical evidence, which is needed to help show the severity of your condition and how it prevents you from working. If you have received a denial notice, you are within your rights to appeal the decision.

Request for Reconsideration

A request for reconsideration is the first step in appealing a denied disability claim. A different claims examiner will handle the reconsideration. A decision is usually made within three to five months.

Year-over-year, Wisconsin has had a consistently greater percentage of approvals at the reconsideration level than the national average. In 2020, the state’s reconsideration approval rate was about 20 percent, compared to around 13 percent nationwide.

However, your chance of being approved at the reconsideration phase is still not very high. Many applicants often need to continue to the next step of the appeals process, which is requesting a disability hearing.

This is where having legal representation could prove beneficial. Our legal team at Sigman Janssen is prepared to help review the details of your claim to determine why you were originally denied disability benefits. Most often, it is because of insufficient medical evidence.

If this is the case, we are ready to gather all the necessary documentation to establish the severity of your condition and show that you meet the specific criteria needed for approval. This will likely include details on limitations and restrictions, lab results, treatment plans, examination notes, medications prescribed, opinions from your treating doctor and anything else deemed relevant.

We are also ready to provide guidance if you are asked by the SSA to attend additional medical exams.

Even though Wisconsin residents may have a better chance of getting approved, you need a strong case, which is why it is in your best interest to be represented by an experienced attorney.

Get the help you need today. (877) 888-5201.

Disability Hearing

A disability hearing in front of an administrative law judge (ALJ) will allow you the opportunity to talk directly to the individual responsible for determining your eligibility for disability. The ALJ will ask you questions and an expert witness (i.e. medical or vocational expert), may also offer his or her opinion.

The average hearing wait time in Wisconsin is 9.5 months – which is about three months less than the national average at 11.8 months. The average number of cases approved at the hearing level in the state is slightly better than the national average.

Vocational Rehabilitation Services

The Department of Workforce Development (DWD) helps disabled Wisconsin residents looking to return to work in some capacity. The DWD offers a number of vocational rehabilitation services, including job training, employment counseling and provides assistance with disability-related accommodations. In Oshkosh, the vocational rehabilitation office is located at 219 Washington Avenue, Suite 105.

Wisconsin Social Security Field Offices

There are 26 social security field offices located in Wisconsin. The Oshkosh office is located at 400 City Ctr Suite B. The Appleton office is located at 607 W. Northland Ave and the Green Bay office is located at 1561 Dousman St.

It is important to note that field offices remain closed due to the COVID-19 pandemic. In-person service is by appointment only and for limited, dire need situations.

Helping Claimants for Decades

Sigman Janssen is here to help improve your chances of being approved for disability. Our firm has represented many claimants and assisted them in obtaining the benefits they need. Let us answer your questions about Social Security Disability in a risk-free, no-obligation legal consultation.

We work on a contingency-fee basis, which means there are no upfront fees to retain our services. There are also no fees while we work on a case and only get paid if you receive disability payments.

Free Case Review. Ph: (877) 888-5201

Reviewed By

James Pitz

Attorney · Sigman Janssen Injury & Disability Lawyers
Licensed Wisconsin Attorney

James Pitz has spent more than three decades practicing civil litigation and personal injury law in Wisconsin, building a career defined by results rather than routine. Since earning admission to the Wisconsin bar in 1993, he has represented over 1,500 clients facing injury, disability, and wrongful death claims, developing a reputation for tenacity against seasoned opposing counsel. He holds a Juris Doctorate from the University of Wisconsin Law School and carries admission to both the Eastern and Western District federal courts in Wisconsin, extending his practice beyond state court. James maintains active standing across the state's leading legal associations, reflecting a career built on sustained engagement with the profession rather than a single credential.

  • J.D., University of Wisconsin Law School
  • Licensed to practice law in Wisconsin since 1993
  • Admitted to the U.S. District Court for the Eastern District of Wisconsin
  • Admitted to the U.S. District Court for the Western District of Wisconsin
  • Member, State Bar of Wisconsin
  • Member, Outagamie County Bar Association
  • Member, American Bar Association
  • Member, Wisconsin Association for Justice

No Fees Unless We Win

What Does it Mean to Charge No Upfront Fees?

At Sigman Janssen Injury & Disability Lawyers, there is no upfront fee to talk to a lawyer about your injuries or disability, there is no upfront fee if we agree to handle your case and there are no upfront fees while we work on your case.

How Can Personal Injury Law Firms Work Without Upfront Payments?

The lawyers at our firm are committed to helping injured victims regardless of ability to pay, which is why we do not charge upfront fees to begin working on your case. This provides our clients with an opportunity to seek financial compensation for medical costs, lost wages and other damages suffered, that may not have been available should they have been required to pay an upfront fee.

What is Included in a Free Case Review?

To help determine if you have a case, we offer a free review of your claim. During this free, no-obligation consultation we can answer any questions you may have about your claim and go over the details of our services.

What Happens at the Conclusion of the Case?

When our lawyers reach a settlement agreement – or a verdict is reached in court – you will be given a closing statement, which shows the gross amount of compensation we recovered on your behalf. Our contingency fees are calculated as a percentage of the recovery we obtain on your behalf. If we do not get a recovery for you, there are no attorney fees owed to our firm.

Do All Lawyers Work on Contingency?

While our firm only gets paid when we recover compensation on behalf of our clients, other law firms do not. In comparison, some firms may require you to pay an upfront retainer fee up before they will begin working on your case.

How To Contact Us

You can contact our firm by calling our toll-free number at (877) 888-5201, filling out a Free Case Review form or by chatting with one of our legal professionals via a live online chat.

Our firm has been protecting the rights of injury victims throughout Wisconsin for nearly 100 years. We have obtained millions of dollars in verdicts and settlements on behalf of our past clients and are ready to help you today.

No Upfront Fees. Free Consultation. (877) 888-5201.

Reviewed By

James Pitz

Attorney · Sigman Janssen Injury & Disability Lawyers
Licensed Wisconsin Attorney

James Pitz has spent more than three decades practicing civil litigation and personal injury law in Wisconsin, building a career defined by results rather than routine. Since earning admission to the Wisconsin bar in 1993, he has represented over 1,500 clients facing injury, disability, and wrongful death claims, developing a reputation for tenacity against seasoned opposing counsel. He holds a Juris Doctorate from the University of Wisconsin Law School and carries admission to both the Eastern and Western District federal courts in Wisconsin, extending his practice beyond state court. James maintains active standing across the state's leading legal associations, reflecting a career built on sustained engagement with the profession rather than a single credential.

  • J.D., University of Wisconsin Law School
  • Licensed to practice law in Wisconsin since 1993
  • Admitted to the U.S. District Court for the Eastern District of Wisconsin
  • Admitted to the U.S. District Court for the Western District of Wisconsin
  • Member, State Bar of Wisconsin
  • Member, Outagamie County Bar Association
  • Member, American Bar Association
  • Member, Wisconsin Association for Justice

Compensation for a Wisconsin Car Crash with an Unlicensed Driver

female driving a vehicle without a licenseBeing involved in a crash under any circumstance is a stressful experience. Medical expenses, lost wages and other related damages can quickly start to mount. If the other party involved was driving without a valid license, it can make the situation even more overwhelming. You may be wondering how your damages will be covered and whether he or she has adequate auto insurance.

Even if the other driver has no license, it is important to be informed of your rights and the legal options that may be available to you in these cases.

An Oshkosh-based auto accident lawyer from our firm is ready to determine if you have a valid claim for compensation. We offer initial consultations at no cost to you and no upfront fees to use our services.

Operating a Motor Vehicle in Wisconsin

It is illegal to operate a motor vehicle without a valid license. In Wisconsin, driving on a suspended license will result in a forfeiture of $50 to $200 while driving on a revoked license could result in a fine up to $2,500 and/or up to one year in jail. Other possible penalties could include vehicle impoundment and suspension of one’s driving privileges.

Wisconsin law also states that a driver who has a license but was not in possession of the license at the time of an accident could face a $200 forfeiture. Any subsequent offenses may result in additional fines or jail time especially if this offense causes serious injury or death.

Liability in Accidents with Unlicensed Drivers

If the other party is at fault, his or her insurance company is generally responsible for paying a claim. Wisconsin follows a traditional fault-based system when it comes to liability for damages in a crash.

However, an unlicensed driver may not be covered by auto insurance. If the other driver had his or license suspended or revoked, his or her insurance company could deny coverage and refuse to settle a claim. You may need to go through your uninsured motorist (UM) coverage, which is available on all policies as it is a mandatory coverage in Wisconsin.

Wisconsin drivers are required to carry at least $25,000 per person/$50,000 per accident of uninsured motorist coverage to help take care of bodily injury type damages. However, there are still instances where an unlicensed driver has insurance coverage available through the vehicle they were operating or through another vehicle that is insured in their same household.

What if the car being driven by the unlicensed driver was borrowed? Insurance typically follows the car and not the driver. This means that if the unlicensed driver caused the crash while driving someone else’s insured car with permission, then that policy could help cover your damages. If the unlicensed driver was operating the vehicle without permission of the owner, your best and perhaps only option may be pursuing your own UM coverage.

Pursuing Legal Action Against an Unlicensed Driver

If you sustained serious injuries that require extensive medical treatment, you may be able to file a lawsuit against the other party. However, the burden of proof will be on you to establish negligence caused or contributed to the crash.

Operating a motor vehicle without a valid license is not inherently negligent. The other party must have been driving while distracted, speeding or under the influence or engaged in some other form of negligence. There are many factors to consider when determining fault, liability and potential insurance coverage.

We recommend working with an experienced lawyer who can advocate on your behalf. Our lawyers can help gather evidence showing that the other party owed you a duty of care to keep you from harm and this duty was breached in some way, which led to you being injured and suffering damages.

Get Qualified Legal Help at Sigman Janssen

If you have been involved in a crash with an unlicensed driver, our lawyers at Sigman Janssen are prepared to work hard to pursue the maximum compensation possible for your injuries and damages. To date, we have recovered millions of dollars for our clients, including car accident victims.

Discuss your situation and learn more about your rights in a free legal consultation. There is no obligation to retain our services and no upfront fees unless we obtain compensation on your behalf.

Decades Helping Wisconsin Residents. Make Sigman Janssen your first call. (877) 888-5201.

Reviewed By

James Pitz

Attorney · Sigman Janssen Injury & Disability Lawyers
Licensed Wisconsin Attorney

James Pitz has spent more than three decades practicing civil litigation and personal injury law in Wisconsin, building a career defined by results rather than routine. Since earning admission to the Wisconsin bar in 1993, he has represented over 1,500 clients facing injury, disability, and wrongful death claims, developing a reputation for tenacity against seasoned opposing counsel. He holds a Juris Doctorate from the University of Wisconsin Law School and carries admission to both the Eastern and Western District federal courts in Wisconsin, extending his practice beyond state court. James maintains active standing across the state's leading legal associations, reflecting a career built on sustained engagement with the profession rather than a single credential.

  • J.D., University of Wisconsin Law School
  • Licensed to practice law in Wisconsin since 1993
  • Admitted to the U.S. District Court for the Eastern District of Wisconsin
  • Admitted to the U.S. District Court for the Western District of Wisconsin
  • Member, State Bar of Wisconsin
  • Member, Outagamie County Bar Association
  • Member, American Bar Association
  • Member, Wisconsin Association for Justice

Would a Delay in Treatment After an Accident Impact My Claim?

accident victim being treated by a doctorAfter being injured in an accident, one of the most important things to do is seek medical care. You should not delay treatment, even if you think your injuries are minor. With certain injuries it can take days or weeks for symptoms to manifest. Getting treatment as soon as possible is critical to both your health and your potential claim for compensation.

At Sigman Janssen, we are prepared to evaluate whether you have a valid claim during a free legal consultation. It costs nothing up front to utilize our services. We only get paid if you obtain a recovery.

May Harm a Potential Insurance Claim

Following an accident, injured victims will likely need to file a claim against the at-fault party’s insurance company or their own, defending on the situation. The insurance company would send a claims adjuster to investigate the claim and make sure that it is valid.

If you claim that you suffered a serious injury, but medical records show that you did not obtain treatment for several days or longer after the accident, the insurance company could use this against you to devalue or deny your claim.

The insurer will assume that by you not seeking immediate medical care, your injuries are not as serious. You do not want the insurance company questioning you for any delay between the time the accident happened and you obtaining treatment.

This could delay the claims process and cause further issues, unless you have documentation that proves that you sought medical care as soon as possible. The longer you wait, the greater the risk of losing out on compensation to help pay for your medical expenses.

Impact Ability to Take Legal Action

If a negligent party or entity caused you harm, you may be eligible to take legal action against him or her to recover any losses. In a personal injury case, you must be able to prove that the other party was negligent and his or her negligence directly resulted in your injury and you suffering damages.

However, if you took too long to obtain medical treatment after your accident, the judge or jury may decide that this act shows that your injuries are not as severe as you claimed. The court could reduce the amount of compensation that would have been afforded to you.

Injury Worsens, Making Treatment More Difficult

Delaying medical treatment could also make an injury worse. Scar tissue can build up over time and some injuries, especially traumatic brain injuries, take days or longer for noticeable symptoms to appear. That is why it is important to see a doctor right away. An internal injury can become critical and life-threatening before it becomes apparent.

If you wait too long for medical care, you run the risk of having a severe medical issue that could have been properly diagnosed soon after the accident. Treatments for soft-tissue damage or traumatic brain damage can require extensive care. The sooner you seek help, the greater your chance of recovery.

An Appleton personal injury lawyer from our firm is here to offer legal help once you obtain medical care and reach the point of maximum medical improvement. Only after treatment ends will we have a better understanding of the full extent of your injuries and the future care you may need.

Why Would Someone Delay Medical Care?

Accident victims may delay medical care for many reasons. They may not realize how badly they are injured and may assume that their symptoms will go away in a short period of time. Other victims may think that going to see a doctor is too costly, so they hope that their condition will improve on its own.

A victim may want to wait until the other party and its insurance company accepts fault for the accident and offers a settlement. In some cases, the injured victim may not seek treatment at all if he or she thinks the claim will not succeed. This is why having an experienced lawyer by your side may be useful.

Do Not Wait to Get the Help You Need

Having prompt medical treatment will not only protect your overall well-being, but it could improve your ability to secure favorable compensation in a claim. Our lawyers at Sigman Janssen are available to review your situation and discuss your legal rights in a complimentary consultation.

You are not obligated to hire our firm, but if you do, you pay us nothing up front unless we obtain compensation for you. We have recovered millions of dollars on behalf of our clients.

Have Questions? Call: (877) 888-5201

Reviewed By

James Pitz

Attorney · Sigman Janssen Injury & Disability Lawyers
Licensed Wisconsin Attorney

James Pitz has spent more than three decades practicing civil litigation and personal injury law in Wisconsin, building a career defined by results rather than routine. Since earning admission to the Wisconsin bar in 1993, he has represented over 1,500 clients facing injury, disability, and wrongful death claims, developing a reputation for tenacity against seasoned opposing counsel. He holds a Juris Doctorate from the University of Wisconsin Law School and carries admission to both the Eastern and Western District federal courts in Wisconsin, extending his practice beyond state court. James maintains active standing across the state's leading legal associations, reflecting a career built on sustained engagement with the profession rather than a single credential.

  • J.D., University of Wisconsin Law School
  • Licensed to practice law in Wisconsin since 1993
  • Admitted to the U.S. District Court for the Eastern District of Wisconsin
  • Admitted to the U.S. District Court for the Western District of Wisconsin
  • Member, State Bar of Wisconsin
  • Member, Outagamie County Bar Association
  • Member, American Bar Association
  • Member, Wisconsin Association for Justice