Writing On Your Rights

An Educational Wisconsin Legal Blog from the Attorneys of Hawks Quindel, S.C.
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By: Hawks Quindel, S.C.

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Carmen Lopez
Donnie Malchow
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Latest from Writing On Your Rights

If I were handed a stack of medical records and told that a disability insurance company denied this patient’s claim, I could often point to the exact appointment they relied on. More often than not, it would be the one that says: “Patient improving.”

This can be one of the most damaging phrases in a Long-Term Disability (LTD) claim. It might sound like a good thing, as everyone wants to improve. The problem is that disability insurance companies often…
Continue Reading How One Line in Your Medical Records Can Damage Your Long-Term Disability Claim

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.

Wisconsin Act 29 is an important worker’s compensation law that makes it easier for certain first responders to bring PTSD claims. Before Act 29, Wisconsin law generally required employees with mental injury claims to prove that their PTSD or other psychological condition was caused by “unusual stress” beyond the ordinary stresses of the job. That standard was especially hard on firefighters and police officers, because even horrific events could be treated as “ordinary” parts of those professions. Act 29…
Continue Reading How Does Wisconsin Act 29 Help Firefighters and Police Officers With PTSD Claims?

If you have had a chronic condition that recently worsened, you might be wondering if your long-term disability (LTD) claim could be denied on the basis that your condition was pre-existing. Or, you might have already received a denial because the insurance company is saying your condition is pre-existing.

Many LTD policies do have pre-existing condition exclusions and they are a common reason used by insurance companies to deny claims. Being aware of these provisions can help you determine…
Continue Reading Can My Long-Term Disability Claim be Denied Because My Condition is Pre-Existing?

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?

Two recent cases under the Pregnant Workers Fairness Act (PWFA) and the PUMP Act provide an early look at how courts and juries are treating these relatively new protections. In both cases, employees prevailed—and recovered significant damages.
Pregnancy Accommodations Must Be Taken Seriously
In Tarango v. PermiaCare (W.D. Tex. 2026), an employee requested relatively modest pregnancy-related accommodations, including permission to wear different footwear and to work remotely after giving birth. Those requests were denied. The employee also experienced…
Continue Reading Early PWFA and PUMP Act Cases Show Strong Enforcement

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

Settling a long-term disability (LTD) claim is often more complex than it first appears. Most people naturally focus on the settlement amount, since that is the most visible part of the agreement. However, every settlement also includes additional terms that define what rights are being resolved and what both sides agree to moving forward.

At first glance, these provisions can feel overwhelming or overly technical. In reality, they are a standard part of resolving an insurance claim. While they…
Continue Reading What to Expect When Settling a Long-Term Disability Claim

There’s a quiet moment in many people’s cancer journeys when you realize that pushing through at work isn’t sustainable. You may still get out of bed, still attend appointments, but your energy, focus, and endurance are no longer what they used to be. Fatigue sets in earlier than expected, mental fog lingers after treatment, and even small tasks feel overwhelming. And then the practical question arises: Can I continue working under these conditions?

For many, that question quickly leads…
Continue Reading Navigating Long-Term Disability While Living with Cancer

There’s a quiet moment in many people’s cancer journeys when you realize that pushing through at work isn’t sustainable. You may still get out of bed, still attend appointments, but your energy, focus, and endurance are no longer what they used to be. Fatigue sets in earlier than expected, mental fog lingers after treatment, and even small tasks feel overwhelming. And then the practical question arises: Can I continue working under these conditions?

For many, that question quickly leads…
Continue Reading When Work Becomes Impossible: A Guide to Navigating Long-Term Disability While Living with Cancer

If you have been receiving long term disability (LTD) benefits, you have probably received a letter from your insurance company telling you to apply for Social Security Disability Insurance benefits, also known as SSDI. They may have offered to connect you with a service to help with this application.

You might be wondering why the insurer cares so much about whether you apply for SSDI. The short answer is that it usually saves the insurance company money. However, applying…
Continue Reading Why Long Term Disability Insurers Require You to Apply for SSDI (And How It Affects You)

According to the World Health Organization, low back pain is the leading cause of disability worldwide. With the prevalence of this condition, many people are living and working through their pain. However, you may reach the point where you are simply no longer able to continue working because of your condition, despite your best efforts. If you have a short- or long-term disability insurance policy through your employer, you might be wondering if your condition qualifies for benefits. Back…
Continue Reading When Back Pain Stops You from Working: Navigating Long-Term Disability Claims

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

Employees who need to take time off from work due to a medical condition often find themselves confused about the various types of leave available to them. With a whole array of different acronyms (FMLA, STD, LTD, PTO, LWOP, etc.) swirling around HR documents, approvals or denials from leave administrators, and seemingly contradictory communications from different sources, it’s very easy to feel totally overwhelmed and lost at a time when you are already experiencing some stressful health-related life event.
Continue Reading What is the Difference between FMLA and STD/LTD Leave?

If you are investigating or planning a move out of the United States and its territories for your retirement, there are some important facts to know before you go. Below are some common questions regarding this situation, with answers and useful links to additional important information.

Note: the rules for those receiving Social Security Disability benefits, survivor benefits, and dependent benefits are very different and are not included in this blog post. Neither are the rules applicable to…
Continue Reading Planning To Move Abroad? What To Know About Your Social Security Retirement Benefits