Twenty Percent Contingent Fee
The only way an attorney can charge a fee for a Wisconsin workers compensation case is a 20% contingent fee plus costs. There is no fee is there is no recovery. It costs you nothing to review your case with Scott L. Schroeder.

Twelve Year Statute of Limitations
Wisconsin generally has a twelve year statute of limitation for filing for a workers compensation hearing. You should consult with a workers compensation attorney for the statute of limitations for your particular case.

Report All Work Related Injuries Immediately
Workers mistakenly fail to report work related injuries and risk losing coverage under the workers compensation law. Employers and coworkers may try to pressure injured workers to protect a streak of so many days “without a workers compensation injury”. Do not be the victim of this pressure and lose your claim

 

Workers Compensation
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Workers compensation is a challenging area of the law. Injured workers are limited in their recovery to certain limited benefits under Wisconsin law. There are many unwritten customs and techniques in this practice area that inexperienced attorneys are unaware of.

It is important to retain an attorney who regularly practices before the workers compensation division who is familiar with the policies, rules and judges. Scott L. Schroeder has practiced in this area for his entire career.
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If you are injured at work, you are entitled to benefits.

In Wisconsin employment, a worker does not have to prove that an injury was caused by the employer. Negligence is not an issue. If your injury is work related, you are entitled to workers compensation benefits. In general you are entitled to: 1.) medical expense, mileage and prescriptions; 2.) TTD, you are entitled to receive two thirds of your average weekly wage while you recover from your injury. (there is a maximum rate that you can receive); and 3.) PPD permanent partial disability based upon a final permanency report from your doctor. Your doctor will give you a percentage of disability to that part of your body. For example, you may have a 25% disability to your shoulder. 4.) wrongful refusal to rehire, the employer must return you to your old job if available. There are other benefits as well. You should consult with your attorney to make sure that you receive all of the benefits that you are entitled to.

You have a right to see a physician of your choice.
Many employers trick employees into treating with “the company doctor”. This doctor, who is paid by the company, becomes your treating doctor. The company doctor may have pressures other than your maximum medical recovery in mind. Of course, it is a good idea to go to a doctor that your health insurance will cover if the workers compensation carrier denies your claim so that your bill is covered as you pursue your workers compensation claim. You also have a right to a second medical opinion outside your chain of doctors.

The insurance company has the right to send you to a doctor of their choice, called an “independent” medical exam. This exam is not “independent” but rather an exam paid for and prepared under parameters set by the insurance company. You should always consult with an attorney before undergoing an “independent” medical exam.

Document Your Workers Comp Claim

If you suffer a work related injury, immediately report the injury to management. Seek medical attention. Make sure that your doctor provides you with a written off work slip for any time off work. Make sure that you keep documentation for the off work slip and proof that you provided the employer with the off work slip. Write down all contacts with management regarding your injury and claims. Get the name, address and home phone number for all witnesses. Do not tell the doctor anything that you would not want placed in your written medical chart.

There are many reputable attorneys practicing workers compensation law in Wisconsin. The benefits that are available to injured workers are minimal. It is important that you know your rights to make sure that you receive the limited benefits under your claim. There is a strong trend for workers compensation carriers to deny or delay payment on claims. Many employers will simply find a way to get rid of an employee after they sustain a workers comp injury. You may need to consult in conjunction with an employment law attorney if the employer terminated your employment after a work related injury. Scott L. Schroeder is an experienced attorney in both employment and workers compensation law.