You were injured on the job. You are facing unexpected medical bills, and you are going to fall behind on your other bills while you are unable to work. You are facing serious financial consequences, and you need to make sure you protect yourself and your family as best you can.

What should you do?

While you are facing a difficult situation, it is important to understand that employees and other workers in Wisconsin have clear legal rights. Depending on your individual circumstances (including how you got injured), you may have various options for seeking to recover your medical bills and other losses.

Understanding Your Legal Options After an On-the-Job Injury in Wisconsin

When you are facing the financial consequences of an on-the-job injury in Wisconsin, your legal rights depend on two primary factors: (i) your employment status; and, (ii) how you got injured.

Your employment status is important for determining your eligibility to file for workers’ compensation benefits. As a general rule, employees are eligible to file for workers’ compensation in Wisconsin, while independent contractors are not. If you receive a regular paycheck and a W-2 at the end of the year, you are an employee. If you aren’t sure whether you are an employee, a lawyer at our firm can provide a comprehensive assessment of your legal rights.

How you got injured is important for determining your legal rights outside of workers’ compensation. While employees generally can’t sue their employers when they provide workers’ compensation coverage, employees (and independent contractors) can sue other parties that are responsible for their on-the-job injuries. Regardless of whether you are eligible for workers’ compensation, if a third party is responsible for your on-the-job injury, you may have grounds to file a lawsuit.

With this in mind, the following are the primary options for seeking coverage for the financial costs of an on-the-job injury in Wisconsin:

1. Filing a Workers’ Compensation Claim

If you are an eligible employee, you can (and should) file a workers’ compensation claim. Workers’ compensation is a “no fault” system in Wisconsin, which means that your employer does not need to be at-fault for your injury in order to be liable for your injury-related costs.

With that said, there are still challenges involved in filing a successful workers’ compensation claim, and this makes it important to have an experienced lawyer on your side. While there are no guarantees, an experienced workers’ compensation lawyer will be able to help ensure that you are seeking the full benefits you deserve, and your lawyer can help protect your ability to challenge a wrongful denial or premature termination of benefits if necessary.

In Wisconsin, workers’ compensation covers:

  • Medical costs from the day you suffer an on-the-job injury; and,
  • Up to two-thirds of your lost income if you miss four or more days from work.

Eligible employees can obtain vocational rehabilitation and retraining benefits in some cases as well. Again, an experienced workers’ compensation lawyer can help you understand the benefits you are entitled to receive and help ensure that you do not settle for less than you deserve.

2. Suing to Secure Workers’ Compensation Benefits if Necessary

If your employer (or its insurance company) denies your workers’ compensation claim, this is not the end of the process. If you are entitled to benefits, you can (and should) keep fighting.

There are several steps in the process of appealing a wrongful workers’ compensation denial. Initially, workers who need to fight for benefits must go through the Division of Workforce Development’s alternative dispute resolution (ADR) process. If this does not result in a favorable outcome, workers can then file an appeal with the Labor and Industry Review Commission (LIRC). Finally, if workers cannot secure benefits through the LIRC, they can then sue for their benefits in court.

While navigating this process can be challenging, if you are entitled to benefits, it is important that you fight for the full benefits you deserve. In this scenario, you can hire an experienced workers’ compensation lawyer to represent you at no out-of-pocket cost. If your lawyer helps you secure benefits through ADR, the LIRC, or in court, your legal fees will be calculated as a percentage of the benefits your lawyer helps you recover. If you do not receive the benefits you deserve, you will owe nothing.

3. Filing a Personal Injury Lawsuit Outside of Workers’ Comp

Employees and independent contractors can both file personal injury lawsuits for on-the-job injuries in some cases. While employees generally can’t sue their employers (although there are exceptions), all workers can sue third parties that are to blame for their injuries. Some examples of potential grounds to sue for an on-the-job injury in Wisconsin include:

  • Property hazards (i.e., slip-and-fall risks and other dangerous property conditions)
  • Dangerous and defective products (i.e., defective tools, equipment, and machinery components)
  • Negligent driving (i.e., driving while distracted, speeding, or running a stop sign)

While filing a personal injury claim for an on-the-job injury occasionally means going to court, most of these claims are resolved through the insurance process—just like workers’ compensation. If you have a personal injury claim, you can hire a lawyer at no out-of-pocket cost in this scenario as well, and you can rely on your lawyer to help ensure that you are seeking the maximum compensation available.

Understanding your legal rights after an on-the-job injury is not easy. But, it is extremely important—especially if you were seriously injured and are facing extended time off from work. Our lawyers can explain everything you need to know about seeking compensation, and we encourage you to contact us for a free consultation today.

Schedule a Free Consultation with a Madison On-the-Job Injury Lawyer Today

Do you need to know more about your legal rights after suffering an on-the-job injury in Wisconsin? If so, we’re here to help. To speak with an experienced Madison on-the-job injury lawyer in confidence as soon as possible, call us at 608-305-4518 or tell us how we can help online now.

The post When Can You Sue for an On-the-Job Injury in Wisconsin? appeared first on Mays Law Office.

Mays Law

Lisa Pierobon Mays

Attorney Lisa Pierobon Mays, as the owner of Mays Law Office focuses her legal practice on representing Wisconsin workers who have been injured on the job. With more than twenty-five years of experience, she is dedicated to advocating for injured…

Lisa Pierobon Mays

Attorney Lisa Pierobon Mays, as the owner of Mays Law Office focuses her legal practice on representing Wisconsin workers who have been injured on the job. With more than twenty-five years of experience, she is dedicated to advocating for injured workers who have been unfairly denied their rightful workers’ compensation benefits by companies and their insurers. Lisa understands the profound impact of a work injury, including lost income, medical expenses, emotional distress, physical pain, and social isolation. She takes the time to listen to each client and develops a tailored legal strategy for their specific situation. Lisa is personally involved in every case from beginning to end, ensuring clear communication and recognizing the unique concerns, needs, and expectations of each individual she represents.

Stephen Mays

Attorney Mays, as the owner of Mays Law Office, LLC, practices in all areas of criminal and traffic defense throughout the entire State of Wisconsin. Prior to his becoming a defense attorney, Attorney Mays worked in the Dane County District Attorney’s office.

He has won OWI cases at the municipal, circuit, appellate and Supreme Court levels, and appears regularly before the Federal District Court of Wisconsin and the United States Court of Appeals for the 7th Circuit. He is also admitted to practice before the United States Supreme Court.

He is a past President and member of the Dane County Criminal Defense Lawyers’ Association, as well as a sustaining member of the National Association of Criminal Defense Lawyers, Wisconsin Association of Criminal Defense Lawyers, and the Bar Associations for the Western and Eastern Districts of Wisconsin. He has been a member of the James E. Doyle Inns of Court, as well as the National College for DUI Defense. He is one of the original members of the Drunk Driving Roundtable – an association of attorneys dedicated to the tenacious defense of citizens accused of drunk driving.

He was selected to be a member of the Department of Transportation’s Technical Committee, and has testified before various committees regarding proposed motor vehicle legislation, most recently convincing a sub-committee to not extend the territorial boundaries for OWI enforcement. He is a frequent lecturer on the defense of intoxicated driving, which includes an annual presentation by the Wisconsin Association of Criminal Defense Lawyers in the “Strategies in Handling OWI Cases in Wisconsin” series, a seminar touted as a “must attend” for Wisconsin lawyers defending OWI cases.

Several of Attorney Mays’ cases have attracted substantial media attention, including the successful defense of an individual charged with killing his twin infant daughters while allegedly driving drunk. His cross-examination techniques have gained him statewide recognition as one which has police officers persuading prosecutors to amend charges so as to not have to subject them to his cross-examination again.

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