If you have suffered a physical injury while on the job, or developed a mental condition or occupational disease due to working conditions, you may have a claim for worker's compensation benefits. Filing a claim, unfortunately, does not always mean that you will receive the full extent of benefits to which you are entitled. You may need an attorney to assert your rights under Wisconsin’s worker's compensation laws.
At The Previant Law Firm, S.C., our team of skilled Milwaukee worker's comp lawyers helps injured workers bring successful work injury claims and appeals. As Wisconsin’s oldest worker's compensation law firm, we have handled cases involving every type of work accident, occupational disease, and work-related injury. You can rely on us to help you.
For a free review of your worker's compensation claim, call (414) 240-1185.
Types of Worker's Comp Benefits
Worker's compensation benefits are based on a formula that allows a certain amount of money for a type of injury, degree of disability, and duration of disability.
The benefits to which you may be entitled in a worker's compensation case include:
- Medical treatment (doctors, chiropractors, hospitals, medicine and medical procedures, artificial limbs, hearing aids and visual aids, dental work, etc.)
- Physical and rehabilitative therapy, if prescribed by a healthcare provider.
- Travel expenses for medical treatment.
- Temporary disability payments if you are unable to work for more than three days.
- Permanent disability payments if your injury or disfigurement is permanent. If your disability is “total” and you will not be able to work again, your payments may be lifelong and you will likely be eligible for Social Security Disability benefits.
Worker's compensation is not like a personal injury case. If a third party contributed to your injuries at work, it is to your advantage to talk to an attorney at The Previant Law Firm, S.C. about a possible personal injury claim. This may open the door to additional compensation, for emotional trauma, the full reimbursement of lost wages, loss of all future earnings, and more.
Appealing a Worker's Compensation Decision in Wisconsin
If your worker's compensation claim has been denied, you can file an appeal. Either the injured worker or the insurance company may appeal the worker's compensation decision of an administrative law judge (ALJ).
The appeal is to the Labor & Industry Review Commission (LIRC), the members of which are appointed by the governor. It is a “paper appeal” in that no new testimony is taken. LIRC reviews the record that was developed at the hearing level. LIRC has the power to either uphold or overturn the ALJ. Although the ALJ has great discretion in determining which witnesses to believe in making findings in a case, LIRC actually has the final say as far as the “official” opinion of the Worker's Compensation Division. Therefore, LIRC can overturn an ALJ, and LIRC’s decision is the final decision of the Division.
Thereafter, the appeal levels are to the Circuit Court, Court of Appeals, and the Wisconsin Supreme Court.
Contact a Milwaukee Worker's Comp Lawyer Today
Worker's compensation laws and proceedings are complex. Whether you need to file an initial claim, have questions about your right to benefits, or need to file an appeal, our Milwaukee worker's comp attorneys can help. We can handle appeals at every level, all the way up to the Wisconsin Supreme Court. We will fight to assert your rights so you can recover the benefits you need.
Call (414) 240-1185 to get started. At The Previant Law Firm, S.C., we are dedicated to helping working people recover after on-the-job injuries.Hablamos Español.