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By: Hawks Quindel, S.C.

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Hadley Brouhard
Martha Burke
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Gabriel Manzano Nieves
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Brook Tylka
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Latest from Hawks Quindel SC

If an employee is terminated or laid off, an employer may offer them a severance package (or separation agreement) in exchange for a waiver of claims.

Severance agreements ask an employee to waive, or release claims they may have had against their employer up until the date of signing the agreement. In exchange the employer agrees to give the employee some sort of consideration, generally a payment, other than compensation that the employee is already entitled to.

There is…
Continue Reading How long do I have to consider my severance package?

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

When most people think about “convictions,” they picture criminal charges. But not all convictions are criminal. A conviction for violating a municipal ordinance, such as underage drinking, disorderly conduct, or certain traffic offenses, is classified as a civil forfeiture violation. 

On paper, these are “civil” cases. In practice, however, they are often described as “quasi-criminal.” That is because they cover a broad range of offenses and can still carry many of the same long-term consequences as criminal convictions. At…
Continue Reading Reopening and Vacating Municipal Court Convictions

Filing a long-term disability (LTD) claim can be an overwhelming process. Even individuals familiar with other related areas of law like Social Security Disability (SSDI) and worker’s compensation are often surprised at how LTD benefits are structured and how many parts of the process work. Insurance carriers rely heavily on policy language and legal standards that favor them, and what may seem straightforward at first often becomes complex once the fine print is applied. 

At Hawks Quindel, our long-term…
Continue Reading Five Common Surprises About Long-Term Disability Benefits

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

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…
Continue Reading Think You’re Just Worn Out from Work? It Might Be a Worker’s Compensation Injury

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…
Continue Reading Filing for and Claiming Disability & Survivor Benefits After a CJD Diagnosis

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…
Continue Reading What Is “FMLA”? And Can I Use It?

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…
Continue Reading Invisible Injuries, Real Claims: Mental Health and Worker’s Compensation Claims in Wisconsin

Do I Get Medicare on SSDI? 
If you are approved for Social Security Disability (SSD) benefits, then you have already proven to the federal government that you suffer from disabling health conditions that likely require extensive medical treatment. Health insurance plays an integral role in ensuring that disabled individuals are able to pay for the care they need. Many individuals on SSD benefits are wondering if they get Medicare as part of their benefits. The answer is often yes,…
Continue Reading Do I Get Medicare on SSDI?

When it comes to long-term disability (LTD) claims, having a diagnosed medical condition is only part of the story. Many claimants are surprised to learn that simply proving you have a medical condition, and even having the support of a treating provider as well, does not guarantee an approval of a claim. What can make or break a case to insurers and courts is whether you can objectively prove how your condition limits your ability to work. This distinction…
Continue Reading More Than a Diagnosis: The Objective Evidence Gap That Sinks LTD Claims

Know Your Rights, and Don’t Hesitate to Act 
The Wisconsin Department of Workforce Development (DWD) has a formal complaint process to help employees enforce their rights. This blog post offers some steps that you can take to file a Labor Standards Complaint if your employer isn’t fulfilling your request for access to your personnel file. 

Under Wisconsin law, you have the right to access the personnel file that your employer compiles and keeps during your employment. Obtaining your personnel…
Continue Reading Learn How to Work with the DWD to Obtain Your Personnel File

May is Mental Health Awareness Month, a time to spotlight the importance of emotional well-being and to empower and advocate for those living with mental health conditions. At our firm, we recognize that when people think of disability benefit claims, mental health conditions are often overlooked. Yet these conditions can be every bit as disabling as physical injuries — and in the case of law enforcement officers, the mental toll of the profession can be particularly devastating. 

Police officers…
Continue Reading Mental Health Matters: Disability Benefits for Wisconsin Police Officers 

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 Wisconsin Fair Employment Act prohibits discrimination based on an employee or prospective employee’s arrest and conviction record. However, an arrest or conviction record can still create a significant employment barrier for individuals. Wisconsin law allows some individuals to seek relief from the collateral consequences of certain arrests and convictions through pardons, expungement, and arrest record removal. 

 
Pardons 
Article V, section 6 of the Wisconsin Constitution grants the governor the exclusive authority to grant pardons, except in cases of…
Continue Reading Overcoming Employment Barriers: Pardons, Expungement, and Arrest Record Removal in Wisconsin