Worker's Compensation

RSS Link
Black woman with arm sling closeup

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…
Continue Reading Common Misconceptions About Workers Compensation in Wisconsin

Worker in High-Visibility Vest Experiencing Back Pain in Industrial Setting

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,…
Continue Reading What Does ‘End of Healing’ Really Mean in Wisconsin Worker’s Compensation?

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…
Continue Reading Will Cuts to the Social Security Administration Impact my Private Long Term Disability 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…
Continue Reading How Much Can I Receive in Social Security Back Benefits?

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,…
Continue Reading What is a Medicare Set-Aside Agreement

 For most ERISA long-term disability (LTD) cases that proceed to court, the case is decided on a closed administrative record in which the judge can only review the information contained in the insurer’s claim file as of the date it rendered its final decision. In other words, no new evidence can be introduced during the course of the lawsuit. This also means that the judge will not have the opportunity to meet you, ask questions of you, or hear…
Continue Reading How Using Photos in Your LTD Case Can Strengthen Your Claim 

An insurance company’s goal is to make money, which naturally means the number one goal, besides selling insurance policies, is to deny insurance claims. However, if a claimant has a strong case with no plausible reason to deny, insurance companies will sometimes initially approve a claim. This means one of their best tools to cut off claims is surveillance.  
Why do long-term disability insurance companies conduct surveillance? 
If medical records support that a claimant can’t work, an insurance…
Continue Reading I Think My Long-Term Disability Company is Surveilling Me – What Do I Do?

What is constructive discharge and why is it important? 
 Constructive discharge is a legal theory that allows employees to establish an adverse employment action even when they quit their job.  
 This is important because an “adverse employment action” is an essential element of most employment lawsuits. Adverse employment actions are actions taken by an employer which materially change the terms and conditions of an employee’s work life, and do so in a way that places the employee in a…
Continue Reading Can You Sue Your Employer For Wrongful Termination Even If You Quit Your Job? This Legal Theory Says “Maybe.” 

Dentists’ claims for short-and long-term disability (STD and LTD, respectively) benefits are often among the most complex and difficult claims to get (and keep) approved, and also to successfully navigate appeals and lawsuits when they get denied. This article discusses why these types of claims are so difficult, and provides information about what dentists specifically should keep in mind when they are purchasing STD/LTD policies,  applying for STD/LTD benefits, or facing a denial thereof.  
If the topics discussed in…
Continue Reading When Navigating Your Short/Long-term Disability Insurance Claim Feels Like Pulling Teeth: The Particular Considerations And Obstacles Facing Dentists Who Apply For STD/LTD Disability Benefits.

Hawks Quindel, S.C. is proud to announce that 12 of our Attorneys have received awards for their hard work and dedication in 2024!

    • Larry Johnson
    • Bill Parsons
      • Super Lawyers: 2014-2024
      • Super Lawyers Rising Stars: 2010-2013
      • Super Lawyers Top 25 Lawyers in Madison: 2017, 2018
      • The Best Lawyers in America® 2023: Litigation – ERISA
      • The Best Lawyers in America® 2019
    • David Zoeller
      • Super Lawyers: 2017-2024
      • Super Lawyers Rising Stars: 2012-2016

…
Continue Reading 2024 Attorney Awards

The Social Security Administration (SSA) treats SSDI (Social Security Disability Insurance) benefits and SSI (Supplemental Security Income) benefits differently. If you receive SSDI benefits, the SSA generally won’t reduce your benefits even if you receive income from other sources, provided you are not performing work in exchange for that income. For example, if you receive income from a private pension or retirement account, it will not reduce your SSDI benefits. However, the rules for SSI are different.  
 
In…
Continue Reading Understanding When Social Security Reduces Supplementary Security Income Benefits: Part 2 

As discussed in the opening post of this series, Social Security Disability applications undergo a five-step evaluation to determine benefit eligibility. This post focuses on Step 1 of that process. After the non-medical requirement screening is complete, the first question Social Security considers is whether the applicant is performing “substantial gainful activity.”  
What is Substantial Gainful Activity? 
Substantial Gainful Activity, or “SGA,” is a monthly wage amount that Social Security considers to be an earnings threshold for disability…
Continue Reading What is Social Security Looking for Anyway? The Sequential Evaluation Process – Step 1 

Workers Compensation Claim Form Complaint for Work Injury

Workers’ compensation is vital for employees injured on the job. However, insurance companies sometimes deny these claims. Understanding the common reasons for denial and what you can do about it can help you navigate the process effectively.
Common reasons for claim denials
One common reason for claim denial is insufficient medical evidence. Insurance companies need detailed medical records to validate the injury and its severity. Without proper documentation, they may question the legitimacy of the claim.
Missed deadlines
Filing…
Continue Reading Common reasons for workers’ comp claim denials in Wisconsin

Dealing with a long-term illness can be overwhelming, especially when it’s related to your job. In Wisconsin, workers’ compensation provides support for such conditions, ensuring you get the help you need.
Recognizing occupational diseases
Workers’ compensation in Wisconsin covers a range of occupational diseases, including long-term illnesses. Mesothelioma, often linked to asbestos exposure, is a common example. Other diseases might include respiratory issues from inhaling dust or fumes and skin conditions from repeated contact with harmful chemicals.
How to…
Continue Reading Workers’ Compensation for Occupational Diseases in Wisconsin

Some employees suffer injuries or illnesses while performing their duties. Worker’s compensation can offer financial assistance and medical benefits that help them.

Carpal tunnel syndrome is one common condition affecting workers. Other repetitive stress disorders are bothersome, too.
Carpal tunnel syndrome and repetitive stress disorders
Carpal tunnel syndrome affects the wrist, hand and arm. It occurs with the compression or squeezing of the median nerve. This nerve runs from the forearm into the hand. The compression can lead…
Continue Reading Can you get workers’ compensation for carpal tunnel syndrome?

There is understandable confusion among employees and their employers about an employee’s access to disability insurance coverage after termination of the employee/employer relationship.

Disability insurance coverage is an employee benefit, and some assume that when employment ends, employee benefits – including disability insurance – end. However, that is not always the case.

In fact, the termination of employment generally should not affect ongoing short-term disability (STD) or long-term disability (LTD) benefits or even prevent employees from applying for benefits…
Continue Reading Disability Benefits: When Terminated Employees Are Still Eligible