Category Archives: Blog

Report All Work Injuries

There is no doubt that employers HATE work injuries. So what is an injured worker to do…? Stay quiet about her injury for fear that her employer becomes angry at her and in retaliation reduces her hours, changes her duties to something undesirable, or makes the work environment hostile. OR should the injured worker report all work injuries immediately regardless of her employer’s response because if the injury turns out to be serious and requires medical treatment and lost time from work then she will need to have it covered under workers compensation?

Many injured workers wrongly take the wait-and see approach. With this approach, they hope that the pain or symptoms are no more than a mere strain or sprain and will improve after a few days. If not then they will worry about reporting it later.

While this wait-and-see approach may seem like a logical compromise, it will hurt the injured worker if the injury turns out to more serious than originally thought. Not reporting the accident promptly, allows the employer to question the workers credibility which could lead to denial of medical treatment, benefits for missed time from work, and loss of a monetary award based on the permanent injury. Moreover, your private health carrier may also deny coverage of medical treatment if claimed as a work injury as such treatment is the responsibility of the workers compensation insurance carrier. Now the worker is in a Catch 22 predicament.

What about if the employer has a policy requiring strict internal deadlines for reporting accidents, such as within 24 hours of the injury, which the worker deliberately did not follow? Now the employee can be reprimanded and her credibility and job security is jeopardized.

Ultimately, the injured worker needs to report a work injury to avoid this Catch 22 predicament. When reporting the injury, always do it in writing and get a copy of your written report. Every reputable employer has an Accident Report Form. If no form can be found, draft your own report. Details such as who, what, where, when, how, and why are easily remembered when describing the injury. Details such as dates and times are always crucial. Keep a photocopy of what you report to the employer. If the employer refuses to provide a copy, use your smart phone to take a picture of it. When it comes to a workers compensation injury, document, document, document! Keep a journal with dates, times, witnesses, specifics as to how the injury occurred, and medical appointments because your memory will fade over time. Again, smart phones have lots of apps to keep details documented for you, such as voice recorders, cameras, note taking, calendars, etc.

Even if you are late in reporting an injury, you should still follow these recommendations. Remember, better late than never.

Wisconsin law protects injured workers. Mays Law Office and Attorney Lisa Pierobon Mays are here for you. Call for a free and immediate consultation. Everything we discuss is confidential. We proudly represent the Wisconsin injured worker. Click here to read testimonials from our clients.

After I suffer a work injury at work, when should I call an attorney?

At Mays Law Office, Attorney Lisa Pierobon Mays is happy to talk to you at any time during the workers compensation process. However, there are crucial moments when you absolutely need to talk to us, such as:

  • Call an attorney if the employer refuses to believe that you were injured at work or refuses to file the accident claim with their workers compensation carrier;
  • Call an attorney if the employer fires you for reporting a work injury;
  • Call an attorney if two weeks passes after your work injury and you have received no benefits for either lost time from work or payment of your medical bills;
  • Call an attorney before going to any doctor appointment set up by the workers compensation carrier, especially if they claim it is an “Independent Medical Examination.” This is false and nothing about it is “independent” or fair.
  • Call an attorney if the workers compensation doctor disagrees with your doctor and the insurance company stops paying for your medical treatment or tells you to not follow the advice of your own doctor;
  • Call an attorney if you cannot work and now the workers compensation carrier is not paying you a lost time benefit;
  • Call an attorney if the workers compensation carrier wants you to sign a document in exchange for a money settlement;
  • Call an attorney if you have physical restrictions and can do some level of work but the employer refuses to allow you back and now the workers compensation carrier is not paying you a lost time benefit;
  • Call an attorney if your injury is so severe that you have concerns that you will never be well enough to return to the same type of employment.

Lastly, always feel welcome to call Mays Law Office at any time you have questions. At Mays Law office, you will talk to a Wisconsin attorney who concentrates their practice in representing injured workers. At Mays Law Office you will work with an attorney, not just an assistance or paralegal. Have a question, Call (608)257-0440 or Toll Free (866)257-0440 or E-mail lpmays@mayslaw.net

Highly Recommend Attorney Lisa Pierobon Mays

I had a worker’s compensation injury which my employer’s insurance company originally agreed to cover. However, when further treatment was needed my claim was denied. I tried contacting a few different attorneys before I found Attorney Lisa Pierobon Mays. The other attorneys either didn’t return my phone calls or were unwilling to take my case. Attorney Pierobon Mays listened carefully to my situation and agreed to take my case. She worked diligently and was able to get the insurance company to cover treatment and pay for lost time while I was off of work. Attorney Pierobon Mays was also able to get the insurance company to accept a retraining claim when I was unable to return to my previous line of work. Anytime a problem arose, Attorney Pierobon Mays was only a phone call or an email away. I would highly recommend Attorney Lisa Pierobon Mays to anyone with a worker’s compensation claim. -B.N.

Lisa is Bright, Thorough, Informed, a Skilled Negotiator, Listens, Doesn’t Miss a Detail, and Isn’t Intimidated by the Process or Opposing Counsel

While working in my profession, I was hit in the hip by a car, causing a permanent mobility disability from the injuries in both legs. I was overwhelmed with the immediate physical changes in my daily life, worrying about the future impact, dealing with insurance companies, and coping with a robust range of related emotional aspects — stressful and exhausting! I needed to channel all of my energy into recovering as best I could. It was serendipity that I saw Lisa’s TV ad right when I felt the need to retain an attorney, when workers’ compensation decided they didn’t want to continue covering my ongoing medical care. The ad portrayed professionalism and specializing in workers’ compensation cases, so I trusted the choice to call her, even though I was a little skeptical, simply because of the feelings associated with being a victim. It was consistently clear to me from the first impression through settlement negotiations, that I was well represented. She made time for me, kept me involved in decision-making, and helped me feel grounded when the process made me feel bitter. The peace of mind that brings to a vulnerable injured person — as they say, priceless! Lisa is bright, thorough, informed, a skilled negotiator, listens, doesn’t miss a detail, and isn’t intimidated by the process or opposing counsel. My case was a complex pedestrian-vehicle accident that was also a workers’ comp. case — she had to juggle multiple perspectives, she kept my motor vehicle accident attorney informed and positioned to go on seamlessly to represent me well in the rest of the process. I was not only represented well, Lisa truly cared about me, my welfare. She’s simply the best! Without hesitation, I highly recommend Lisa Mays! — MJS, Ph.D.

Lisa Went Out of Her Way

Lisa was my lawyer against a company where I’d worked for 35 years, and was injured while at work on January 7, 2008. My injuries were significant and required several surgeries. My company told me I would always have a job, but that was not to be the case. Instead my company let me go in June of 2009.

It didn’t take long for the company to leave me to fend for myself. They told me to apply for unemployment, but then did everything they could to delay me from receiving my benefits.

I sought the help of Lisa Mays, who didn’t push me to sign on months earlier as other lawyers had. Lisa’s fees were also far less than other lawyers I had talked with.

Lisa went out of her way to make sure that the settlement that I received was fair and would aid me in the future financially. It didn’t stop with just the settlement. Lisa continues to answer my questions and to assist me with medical bills as well as to recommend another lawyer to assist me with obtaining Social Security Benefits.

I can’t thank Lisa enough for all that she has done for me and would highly recommend her services to anyone who requires assistance with a work related injury. -S.F.

A Ray of Sunshine During a Dark Period

When I first met Lisa, I was very up front with her regarding my opinion of attorneys; based on some rather negative past experiences. However, I soon found out Lisa was not only a ray of sunshine in a very dark period in my daughter’s life: she was a rock. I watched in total amazement as she faced the complexities of the worker’s compensation case involving my daughter; not backing down one inch as she prevailed against the employer and brought the case to a fair and just resolution. In my next short story, you can be assured the main character will be a feisty, witty ball of fire female attorney who prevails not only in the courtroom, but as a friend. Thank you, Lisa, for taking on the ‘big boys’ for [client]. You have made her future so much brighter. – K.P.

Exceptional Services of Lisa Pierobon Mays

I would like to comment on the exceptional services of Lisa Pierobon Mays and her law office. I met with Lisa in March 2012 regarding a worker’s compensation case. She consulted with me and told me I did have a pursuable case. Lisa was very knowledgeable and current on all issues of the law, regulations, etc. She kept me informed every step of the way. She was honest and forthright about all issues regarding my case. We were able to reach an agreement with the insurance carrier and employer in November 2012. I can’t thank Lisa and her staff enough for their expertise and ability to settle this in such a timely fashion. I have already recommended her to someone and will continue to recommend her if someone needs a competent attorney. Thank you again. -TK

Workers Compensation Attorney Lisa Pierobon Mays

Helping people throughout Wisconsin with their workers compensation claims and litigation.Lisa Pierobon Mays - Wisconsin Workers Compensation Attorney

 

Mays Law Office is a Madison, Wisconsin law firm which dedicates a portion of its practice to helping victims of Wisconsin workplace accidents with workers compensation attorney services for claims and litigation.

Whether you have suffered injuries resulting from an accident on the job or have developed an occupational illness from repetitive trauma or exposure to hazardous elements, we will assess your claim and work with you to determine which course of action is best. No decisions will be made without your full consent and cooperation.

If you have been injured, you are entitled to Wisconsin workers compensation benefits that are designed to provide compensation for necessary and reasonable medical expenses, including:

  •  Doctor bills
  •  Hospital expenses
  •  Prescriptions
  •  Medical and surgical supplies
  •  Crutches
  •  Artificial limbs
  •  Rehabilitative therapy
  •  Wage loss and traveling expenses

We have had the privilege of representing all kinds of workers, from police officers, nurses, business owners, construction workers and carpenters, to truckers and all forms of laborers. We have enjoyed the satisfaction of winning money for almost all of our clients, such as a victory at a hearing against Walmart on a back injury claim suffered by a Walmart employee. This victory persuaded Walmart to not want to endure another hearing against Mays Law Office and settle the secondary claim involving a safety violation for unsafe work conditions which caused the back injury. Also, we forced a workers’ compensation insurance company to pay our client over $18,000.00 on a claim of bad faith for failing to pay workers’ compensation benefits on time.

Moreover, Mays Law Office has been extremely proactive and successful in keeping insurance companies “honest”, meaning we have had multiple clients hire us when the insurance company has, without proper basis, refused to pay benefits to the injured worker.  After Mays Law Office is hired, these insurance companies have issued payment of benefits.

Concerned about legal fees?

At Mays Law Office, LLC, we don’t collect compensation until you receive the workers compensation benefits to which you are rightfully entitled, such as monetary coverage of medical expenses incurred as a result of your injury, lost wages, permanent disability, and vocational rehabilitation and retraining.

To find out more about how we can help you with your Wisconsin workers’ compensation claim, contact Lisa Pierobon Mays at Mays Law Office for an immediate and free consultation.

Are There Any Exceptions To The General Rule That When Employees Are Injured At Work, They Receive Worker’s Compensation?

State workers’ compensation laws do provide exceptions to the rule that workers injured on the job are entitled to compensation. Each state is different, but the exceptions may include:

  • Denied compensation in those cases in which the employee’s injury results from his or her attempted suicide or homicide.
  • Denial of compensation to employees injured during the commission of crimes while on the job.
  • Dis-allowance of compensation for injuries at work that are the result of employees who are injured while engaged in unauthorized horseplay on the job, for those leaving the employers’ premises, or for other deviations from employment without the employers’ express approval for deviation.
  • Reduction of benefits in some states if the injury was caused by an incident in which the employee failed or refused to use safety appliances provided by the employer.

What Are An Employer’s Responsibilities Under Worker’s Compensation Laws?

Employers in all 50 states have the duty to provide workers’ compensation coverage according to their respective state’s laws and regulations. The laws in some states provide an exception for some very small employers and allow some large employers to be self-insuring. In addition to providing coverage, however, employers may have additional responsibilities. These responsibilities include:

  • Posting notices of compliance with the workers’ compensation law of the state at each work site
  • Making sure that reports of injuries are made to the appropriate workers’ compensation office
  • Providing a written report of all accidents resulting in injury in which a worker loses a certain amount of time
  • Providing immediate emergency medical treatment for employees who sustain on-the-job injuries
  • Fulfilling all requests for further information requested by the state’s workers’ compensation enforcement agency
  • Furnishing medical attention if the worker is unable or unwilling to find a physician on his or her own

Most state laws prohibit employers from discriminating against employees who file workers’ compensation claims. Each state also provides for penalties and fines for employers who fail to fulfill their responsibilities under the law. Each state has an administrative process to make a claim of violation of workers’ comp laws against an employer. If the employer fails to defend against the claim, or, after defending against the claim, is found to have violated the law, the law provides for fines and penalties to be assessed against the employer.