Category Archives: Mays Law Office

Do not expect a motherly hug from the workers compensation insurance company

After a work injury, do not expect a motherly hug from the workers compensation insurance company.

While some injured workers are treated fairly in Wisconsin, most unfortunately are not. Most injured workers are treated rudely, even with skepticism as to whether they truly were hurt. One could even ask if Adjusters are trained to belittle the Wisconsin injured worker. Don’t put up with it, call Mays Law Office at (866)257-0440 for a free consultation and tips on what the workers compensation carrier won’t tell you, such as

  • You are entitled to 100% reimbursement for medical mileage to/from doctor and therapy appointments;
  • If you are getting a lost time benefit (also called TTD benefit), is the average weekly wage calculated correctly – most are not;
  • You can choose your own doctor/medical provider – never treat with the “company doctor”;
  • If instructed to see an IME or so-called “Independent Medical Examiner” there is nothing “independent” about this exam. You have rights on how to handle these insurance-paid exams;
  • Nurses assigned to attend your medical appointments do not have the automatic right to come into your exams or guide your medical treatment;
  • Employers have to offer you accommodating work that meets your physical restrictions while healing from a work injury, if not then a lost-time benefit needs to be paid to you for missing work;
  • If your injury is severe enough to cause permanent disability and you have lost your job, or an equivalent paying job, then likely you are eligible to pursue Retraining or a Loss of Earning Capacity Claim;
  • If your injury is severe enough that it leaves you disfigured, such as a serious scar, limp, amputation then you are entitled to an additional benefit called Disfigurement.

Be cautious – don’t let the workers compensation insurance carrier stall, claiming week after week that they are “investigating” your injury. Likely, if the claim takes more than two weeks to investigate then it will be denied. Call Mays Law Office immediately. Never accept a denial of your work injury without calling or E-mailing Mays Law Office first at lpmays@mayslaw.net

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

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.