An injury is not compensable under Wisconsin’s worker’s compensation system merely because it happened at work. A worker’s compensation insurance company may deny an injured worker’s claim by asserting that the cause of the claimed injury is “idiopathic.” An idiopathic injury is an injury that arises from a worker’s personal condition and which cannot be attributed to any work-related incident or hazard. Some examples include fainting due to a medical condition that causes seizures, heart attacks, tripping over one’s
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A New Framework in Wisconsin for Analyzing an Employer’s Unreasonable Refusal to Rehire an Injured Worker
Under the Wisconsin Worker’s Compensation Act, employees can file unreasonable refusal to rehire claims against employers when the employer, without reasonable cause, refuses to rehire an employee who is injured in the course of employment when suitable employment is available within the employee’s physical and mental limitations. In its recent opinion in Bruce Belland Trucking, Inc., v. LIRC, the Wisconsin Court of Appeals discussed the ongoing nature of an employer’s obligation to rehire an injured worker and provided instruction
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Key Takeaways – Prevention to Resolution: Managing Workers’ Compensation Claims With the End in Mind
A strong workers’ compensation defense strategy begins long before a claim is filed. After all, an unexpected claim can costly regardless of industry. Strategic and proactive measures to prevent accidents coupled with an understanding of how to manage the claims that do arise are indispensable tools for businesses.
In a recent webcast, two of our workers’ compensation attorneys shared their insights and best practices to help employers confidently manage claims and achieve favorable outcomes.
Key takeaways from this presentation
You Stopped Working Months (or Years) Ago — Can You Still File for Short- and Long-Term Disability?
If you left your job or were let go due to a medical condition some time ago but never filed for short- or long-term disability benefits (S/LTD), the good news is that it might not be too late.
We regularly hear from people who assumed they missed their chance to file for disability insurance benefits that they had through their last employer. Maybe you thought you’d recover. Maybe you didn’t know you had S/LTD coverage. Maybe you’re only now
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Think Your Doctor’s Opinion Is Enough to Beat a Worker’s Compensation Denial? Not Without This Form
If you’ve been hurt at work in Wisconsin and your claim has been denied, you might assume your doctor’s medical opinion alone will be enough to counter the opinion of the insurance company and its hired doctor. Unfortunately, that’s not the case. One essential document stands between your doctor’s assessment and getting the benefits you deserve: the WKC-16-B form.
This form is critical in documenting your doctor’s opinion on your work injury, your work restrictions, and your permanent disability,
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Pain and Suffering in Wisconsin Work Injuries: Understanding Your Compensation Options
If you have been hurt at work in Wisconsin, you may be wondering if you can get compensated for your pain and suffering. Unfortunately, Wisconsin worker’s compensation law does not provide claims for pain and suffering. However, it is important to be aware of the claims that you can pursue under worker’s compensation and when a different claim may arise.
There is No Claim for “Pain and Suffering” Under Wisconsin Worker’s Compensation Law
Wisconsin’s worker’s compensation system is designed
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Think You’re Just Worn Out from Work? It Might Be a Worker’s Compensation Injury
When most people think of a work injury, they imagine a sudden accident: a fall, a machine malfunction, or something sharp that causes immediate harm. But not all work injuries happen in a single moment. Some develop slowly over time from doing the same tasks day in and day out. In Wisconsin, those gradual wear-and-tear injuries are just as valid under worker’s compensation law.
Two Types of Work Injuries: Sudden vs. Over Time
Wisconsin law recognizes two kinds of
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Filing for and Claiming Disability & Survivor Benefits After a CJD Diagnosis
When a loved one is diagnosed with Creutzfeldt-Jakob Disease (CJD), life changes in an instant. This extremely rare and aggressive neurodegenerative illness progresses rapidly, leaving families grappling with profound emotional shock while facing an avalanche of practical demands. Between providing care, making end-of-life arrangements, and trying to understand complex insurance policies and benefits, it can feel like you’re navigating an impossible maze at the very moment you have the least capacity to do so. Our hope is that this
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What Is “FMLA”? And Can I Use It?
Introduction to FMLA Leave
As an employee in Wisconsin, your employer might offer you different types of leave from work—think PTO, vacation, sick, medical leave, parental leave, bereavement, leave without pay, to name a few. If your employer has 50+ employees, you might be covered for medical- or family-related leave under state and/or federal “Family and Medical Leave Act” (FMLA) laws. State and federal FMLA laws allow covered employees to take unpaid medical and/or family leave and also protects
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Invisible Injuries, Real Claims: Mental Health and Worker’s Compensation Claims in Wisconsin
Most people know that they can file a worker’s compensation claim if they have a physical injury resulting from work. But what if you have mental health symptoms that are work-related? You might be wondering if you have a worker’s compensation claim relating to a work situation that caused mental health symptoms like anxiety, depression, or post-traumatic stress disorder (PTSD). This blog post will break down the general rules for mental health worker’s compensation cases in Wisconsin and other
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New Law Establishes Fee Schedule Limiting Hospital Medical Bills In Worker’s Compensation Claims
On July 3, 2025, the Wisconsin Legislature passed Wisconsin’s biennial budget bill. Governor Evers signed the bill into law the same day. Included in the budget bill is a provision establishing a fee schedule for worker’s compensation medical bills generated by Wisconsin hospitals. This is a favorable development for employers and insurers that will limit their worker’s compensation medical expense exposures for medical bills generated by hospitals in Wisconsin.
The new bill creates Wis. Stat. § 102.423 “Health service
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Common Misconceptions About Workers Compensation in Wisconsin
The recovery of workers compensation benefits in Wisconsin protects employees who suffer injuries on the job. The system is intended to ensure that an injured worker will receive necessary medical treatment and wage replacement benefits. Unfortunately, many Wisconsin injured workers fail to file injury claims due to widespread misconceptions which can result in injured workers missing out on essential benefits they are legally entitled to. In this article, Attorney Lisa Pierobon Mays will debunk most of the misconceptions surrounding
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What Does ‘End of Healing’ Really Mean in Wisconsin Worker’s Compensation?
If you’ve been injured at work in Wisconsin, you’ve probably heard the term “end of healing” or “EOH” — maybe from your doctor, your employer, or the insurance company. But what does it really mean for you and your benefits?
Simply put, EOH (also called maximum medical improvement or MMI) is the point where your doctor believes your condition has improved as much as it’s going to in the foreseeable future. It doesn’t mean you’re back to normal, pain-free,
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Will Cuts to the Social Security Administration Impact my Private Long Term Disability Benefits?
The Social Security Administration (SSA) warned last week that Trump’s Department of Government Efficiency’s efforts to reduce federal spending may result in “significant workforce reductions” across the agency, which is responsible for processing some 2 million benefit applications per year.
This comes at a time when the SSA is already short-staffed and dealing with extensive backlog. Indeed, once an individual has submitted their application for social security disability benefits (SSDI), it takes 6 to 8 months to
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How Much Can I Receive in Social Security Back Benefits?
If you are applying for Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI), or both, it often takes a significant amount of time to get approved. However, once you are approved, you may receive not only ongoing monthly payments but also a lump-sum award for the months—or even years—during which you were disabled and should have been receiving benefits.
Exactly how much you might receive in back benefits depends on when you applied, when your disability began, and
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What is a Medicare Set-Aside Agreement
A Medicare Set-Aside Agreement (“MSA”) is an agreement that allocates a portion of the funds obtained through the settlement of a worker’s compensation claim for deposit into a bank account or annuity in order to fund the future treatment of a workplace injury. In order to protect the interests of Medicare, an injured worker who has settled their claim, is enrolled in or has applied for Medicare, and has been compensated for future treatment as part of a settlement,
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