Worker's Compensation

RSS Link

The Department of Workforce Development and Wisconsin Watch indicate that a scam has started up of FAKE HEARINGS for workers compensation benefits. As Wisconsin Watch explains:

DWD spokesperson Haley McCoy told Wisconsin Watch that 10 Wisconsin workers reported receiving emails instructing them to attend “online workers’ compensation hearing(s)” via video call. The emails’ senders generally use “.org” addresses and bill themselves as government agencies like the “Workers’ Compensation Board.”
Workers who joined the calls via Zoom, WhatsApp, Teams and…
Continue Reading Fake Hearing Scams

By Attorney Lisa Pierobon Mays

One of the most frustrating experiences an injured worker can face is having their workers’ compensation claim accepted – only to have benefits unnecessarily delayed for months.

Recently, Attorney Lisa Pierobon Mays of Mays Law Office successfully represented M.M., a health care employee, whose case demonstrates why injured workers often need experienced legal representation even after their claim has been conceded.
A Conceded Claim Shouldn’t Become a Battle
M.M. injured his left knee while…
Continue Reading Accepted But Still Unpaid: How Attorney Pierobon Mays Held an Insurance Carrier Accountable

Artificial Intelligence (“AI”) has taken the world by storm. It seems no matter where you turn, AI is being promoted for all kinds of uses. By way of example, the City of Milwaukee recently announced that they will be using AI to address the increasing number of potholes around the city. It has also become apparent that more and more people are seeking legal advice from generative AI tools such as OpenAI ChatGPT, Anthropic Claude, and Google Gemini. While…
Continue Reading Why Employees Should Proceed with Caution when Using AI to Vet Potential Claims Against Their Employers

If you’ve been hurt at work, your focus should be on getting better. But what happens if the best treatment isn’t in Wisconsin or you move out of state while your worker’s compensation claim is still open? This is where things can get complicated.

Many injured workers assume they can treat wherever they want. Others worry they’ll lose benefits entirely if they leave the state. The truth is somewhere in the middle
Out-of-State Treatment is not Automatically Compensable
Under…
Continue Reading Can You Get Treatment in Another State for Your Wisconsin Work Injury? What You Need to Know About Out-of-State Medical Treatment for Worker’s Compensation Claims.

If you were hurt at work in Wisconsin, it is extremely frustrating to wait while the worker’s compensation insurance company “investigates” your claim. You may be missing paychecks, waiting for medical treatment, and wondering whether the insurer is allowed to simply ignore you. Unfortunately, Wisconsin worker’s compensation law does not give the insurance company one clear, universal deadline to finally approve or deny every claim. There is no simple rule that says the insurer must make a final decision…
Continue Reading How Long Does the Worker’s Compensation Insurance Company Have to Approve or Deny My Claim?

If you filed a Wisconsin worker’s compensation claim, you may be shocked when the insurance company starts asking for medical records that seem unrelated to your injury. For example, you may have injured your knee at work, but the insurance company wants records about your back, hip, ankle, or prior surgery. We understand why this feels invasive, unfair, and frustrating. Unfortunately, Wisconsin’s worker’s compensation system gives insurance companies broad rights to investigate and defend against claims, including the right…
Continue Reading Why Is My Worker’s Compensation Insurance Company Asking for Unrelated Medical Records?

If you’ve been scheduled for an Independent Medical Examination, or IME, you’re not alone in feeling uneasy about it. For many injured workers in Wisconsin, this is one of the most confusing and stressful parts of the worker’s compensation process.

You may be wondering why it’s happening, what the doctor is really looking for, and whether it could affect your benefits. The short answer is yes, it can affect your claim. But understanding how an IME works can help…
Continue Reading What to Expect at an Independent Medical Examination (IME) for a Wisconsin Worker’s Compensation Case

After input from stakeholders including management, labor, insurers, medical professionals, attorneys and the DWD, Wisconsin has enacted 2025 Wisconsin Act 145, which introduces significant procedural and substantive updates to the Worker’s Compensation Act.

The Act went into effect April 1, 2026, with specific applicability rules for pending claims.  The most notable changes are as follows:

  • Permanent Partial Disability (PPD) Rate Increases and “Stacking”

    • The Act continues the trend of incremental increases to the maximum PPD weekly rate.

    Injury Date…
    Continue Reading Legal Alert: 2025 Wisconsin Act 145 Key Changes to the Worker’s Compensation Act

    Wisconsin employers, insurers and claims professionals should take note of substantial amendments to the Worker’s Compensation Act under 2025 Wisconsin Act 145. Effective April 1, 2026, the Act revises benefit levels, hearing procedure, evidentiary rules, settlement administration, supplemental benefits, PTSD coverage and enforcement provisions relating to insurance compliance.

    Among the Act’s immediate monetary changes, the maximum weekly permanent partial disability rate increases to $454 for injuries occurring on and after April 1, 2026, and to $462 for injuries occurring…
    Continue Reading Wisconsin Act 145 Brings Significant Changes to the Worker’s Compensation Act

    Most worker’s compensation claims in Wisconsin are resolved without the need for a hearing. In many cases, the insurance company accepts the claim and simply pays the benefits that are owed. However, worker’s compensation cases often involve complex medical and legal questions, and the insurance company may take a different position about what benefits are owed. In some cases, the insurance company denies a claim but the parties are able to reach a settlement to resolve the case. If…
    Continue Reading What to Expect at a Wisconsin Worker’s Compensation Hearing

    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…
    Continue Reading What is an idiopathic injury?

    stock photo

    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…
    Continue Reading A New Framework in Wisconsin for Analyzing an Employer’s Unreasonable Refusal to Rehire an Injured Worker

    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

    …
    Continue Reading Key Takeaways – Prevention to Resolution: Managing Workers’ Compensation Claims With the End in Mind

    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…
    Continue Reading You Stopped Working Months (or Years) Ago — Can You Still File for Short- and Long-Term Disability?

    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,…
    Continue Reading Think Your Doctor’s Opinion Is Enough to Beat a Worker’s Compensation Denial? Not Without This Form

    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…
    Continue Reading Pain and Suffering in Wisconsin Work Injuries: Understanding Your Compensation Options