Workers’ Compensation Attorneys In New Berlin
At the Law Offices of Benske, Gatzke, McFadden and Rose, we advocate for the injured in New Berlin and throughout Southeast Wisconsin. Our workers’ compensation attorneys have earned the trust of past clients and the respect of fellow attorneys for their knowledge, courtroom skills, and dedication to client well-being.
Contact our office at 262-214-0380 for case-specific advice in a welcoming and no-pressure environment.
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What Types Of Workers’ Compensation Benefits Are Available In Wisconsin?
If you suffer a workplace injury or develop a work-related illness in Wisconsin, you likely qualify for workers’ compensation benefits. Workers’ compensation helps you recover and return to work when you can. Depending on your circumstances, you may qualify for:
- Medical expenses: Workers’ compensation covers reasonable and necessary medical treatment related to your work injury or illness, including doctor visits, medication and surgeries.
- Wage-replacement benefits: If your injury keeps you from working for more than three days, workers’ compensation may replace part of your lost wages while you recover. The next section explains these benefits in greater detail.
- Vocational rehabilitation: If you cannot return to your previous job because of your injury, you may receive training for a new job or career that fits your abilities.
- Death benefits: The families of workers who die from workplace injuries may receive death benefits. These benefits help pay funeral and burial expenses. They also replace part of the income a family loses after a worker dies.
You do not have to hire a workers’ compensation lawyer. However, many injured workers find it easier to understand and access these benefits with legal guidance.
Wage-Replacement Benefits Vary By Your Disability Status
Injured workers often ask how much they may receive in wage-replacement benefits and how long those benefits will last. Wisconsin bases your benefits on a percentage of your pre-injury average weekly wage. The amount and duration also depend on your disability classification. Wisconsin recognizes four classifications:
- Temporary total disability (TTD) benefits: If your work-related injury keeps you from working for a short time, TTD benefits replace part of your lost wages.
- Temporary partial disability (TPD) benefits: If you return to work in a limited capacity and earn less than you did before your injury, TPD benefits may replace part of your lost income.
- Permanent partial disability (PPD) benefits: If your injury permanently limits your ability to work without preventing you from working altogether, you may receive PPD benefits. The amount depends on the type and severity of your disability.
- Permanent total disability (PTD) benefits: If your injury permanently prevents you from working, PTD benefits may help replace lost wages for the rest of your working life.
Many injured workers find these calculations difficult to understand. An attorney can explain how the law applies to your situation.
Seeking Additional Compensation Through A Third-Party Liability Claim
Wisconsin follows a no-fault workers’ compensation system. You can seek benefits without proving fault, but Wisconsin law generally prohibits you from suing your employer for a work-related injury. However, if another person or company caused your injuries, you may have grounds to pursue a third-party liability claim.
For example, defective equipment may injure you while you unload goods. In that case, you may have grounds to pursue a third-party liability claim against the equipment manufacturer. A successful claim may cover losses, such as pain and suffering, that workers’ compensation does not.
You can pursue workers’ compensation benefits and a third-party claim at the same time. Together, they may provide additional financial support during your recovery. Because our attorneys practice both personal injury law and workers’ compensation law, we can help you pursue both claims when appropriate.
When Your Workers’ Compensation Claim Is Denied
A denied workers’ compensation claim can be frustrating. Understanding the reason for the denial is the first step toward deciding what to do next. Insurance companies may deny claims for several reasons, including but not limited to:
- Disputes over whether your injury happened at work
- Medical records that do not fully support your claim
- Missing a reporting or filing deadline
- Claims that a preexisting condition caused your injury
- Disagreements about the severity of your injury or your ability to work
Every denied claim is different. Your next steps depend on the reason for the denial. Knowing your options early can help you make informed decisions and avoid delays that could affect your claim.
How We Help With Denied Workers’ Compensation Claims
At the Law Offices of Benske, Gatzke, McFadden and Rose, our workers’ compensation attorneys help injured workers respond to denied claims and understand their legal options. We can help you:
- Review the insurance company’s reason for denying your claim
- Explain the workers’ compensation dispute process
- Gather medical records and other supporting evidence
- Advocate for you throughout the claims process
- Determine whether another party’s negligence gives you grounds to pursue a third-party personal injury claim
Denied claims often require careful attention to medical records, deadlines and supporting evidence. Our attorneys work closely together to evaluate every aspect of your case and develop a strategy that fits your circumstances.
Because we also handle personal injury matters, we can identify related legal issues that may affect your recovery and provide guidance from one trusted legal team.
Frequently Asked Questions About Workers’ Compensation
Here are the answers to some of the most common questions we receive about Wisconsin workers’ compensation cases.
Can I get fired for filing a Wisconsin workers’ compensation claim?
No. Wisconsin law prohibits employers from terminating employees solely because they filed a workers’ compensation claim. Wisconsin law considers this retaliation, and it is illegal. If you believe your employer retaliated against you for filing a workers’ compensation claim, you may have grounds to pursue a wrongful termination lawsuit.
Can I choose my own doctor for my work injury?
Yes. Wisconsin law generally allows you to choose your own treating physician. You may also choose a specialist if you need one. However, your employer’s insurance company may ask you to attend an independent medical examination (IME) with a doctor of its choosing. This examination does not replace your right to receive treatment from your own physician.
Do I really need a lawyer to help me with my claim?
You do not have to hire a lawyer. However, legal guidance can improve your chances of recovering the full benefits available to you. Workers’ compensation insurers often look for reasons to deny or minimize claims. Our attorneys know how to document your injury, respond to insurance company tactics and appeal denied claims.
How do I know if I’m eligible to receive Wisconsin workers’ compensation from my employer?
Most Wisconsin employers provide workers’ compensation coverage beginning on an employee’s first day of work. To qualify for benefits, your injury or illness must stem from your work. In other words, it must happen while you work or because of your work environment. This includes injuries that occur at your workplace, at a job site or while traveling for work. Report any work-related injury to your employer as soon as possible because delays can complicate the claims process.
Free Consultation About Your Legal Options After A Work Accident
From our office in New Berlin, the Law Offices of Benske, Gatzke, McFadden and Rose, serves clients throughout Waukesha County, Milwaukee County and surrounding areas of Wisconsin. If you suffered a workplace injury, contact us. Our attorneys can protect your rights and help you pursue the workers’ compensation benefits available under Wisconsin law. To get started, simply contact us online or call 262-214-0380.