Wisconsin Workers Compensation Law Firm | WI Work Injuries Lawyers

Workers’ Compensation – Overview

Most claims are denied by insurers as a cost-effective strategy for reducing losses. Unfortunately for injured workers and their families, this often means an appeal has to be prepared and submitted in order to receive benefits. At DERZON & MENARD, we have helped thousands of individuals across the state of Wisconsin successfully appeal denials of benefits.

Workers’ Compensation cases can be a very frustrating and confusing process. Individuals who are hurt at work are often denied medical and wage benefits immediately. Others are paid benefits for a short period of time and then all of a sudden are denied by the insurance company. These denials leave the injured employee without wages and without medical care. Employees find themselves in a great deal of pain because they are not able to seek the medical care they need. Employees are left questioning why they were denied benefits and what they have to do to get treatment.

Contact the Milwaukee, Wisconsin Attorneys at Derzon & Menard, S.C. today to learn what we can do to help you. We represent clients throughout the state of Wisconsin, including Milwaukee County, Waukesha County, Ozaukee County, Racine County, and Washington County.

* History and Origin

The idea of workers’ compensation has its origins in Germany in the early 1800s. The industrial revolution brought dangerous new workplaces into existence such as railroads, factories and mines with accompanying increases in injuries, deaths and new work-related diseases. Social and political sympathy for the common worker grew and led to the enactment of early workers’ compensation legislation.

In 1911 Wisconsin became the first state in the nation to put a broad, constitutionally valid worker’s compensation system into operation

* Back Injury

If you have suffered an on-the-job back injury, you are entitled to workers’ compensation benefits. If the injury was caused by a negligent third party — a coworker, for example — you may be entitled to additional compensation. Working with a workers’ comp attorney can help you explore all your options for compensation, allowing you to seek the best possible treatment for your injuries.

* Construction Accidents and Construction Zone Accidents

Construction workers who have suffered work-related injuries are entitled to workers’ compensation. If the injury occurred due to negligence by a third party (including a coworker, vehicle driver, or product manufacturer) it is possible to file a third-party liability claim to seek additional compensation. Our firm can help you explore these additional legal options to seek maximum compensation for your injuries.

* Employer Retaliation against the Workers’ Compensation Claimant

Workers’ compensation is sometimes viewed as a compromise between employees and employers: workers give up the right to sue for large awards in court in exchange for certain and timely, albeit relatively lower, reimbursement for work-related injuries and illnesses. Employers accept responsibility for these injuries and illnesses even if they are not at fault, but they no longer have to worry about being tied up in court and potentially liable for large verdicts.

* Workers’ Compensation Death Benefits

In addition to workers’ compensation benefits for workers for their job-related injuries and illnesses, if such maladies ultimately result in death, certain survivors have the right to receive death benefits through their states’ workers’ compensation systems. If you are the family member or dependent of an employee who died from an injury or sickness incurred in the course of his or her employment, a knowledgeable workers’ compensation attorney can advise you about workers’ compensation death benefits.

* Rather than Collecting Workers’ Compensation, May I Bring a Lawsuit Against My Employer?

Workers’ compensation is usually the only legal remedy for an employee injured or sickened in the course of employment. The public policy behind workers’ compensation envisions a bargain between employers and employees in which workers give up the right to sue their employers in court in exchange for the guaranty of workers’ compensation benefits. This reduces tension in the workplace by creating a predictable method for resolving employer-employee conflict. Although workers’ compensation awards tend to be smaller than those in lawsuits, employees are not left without support during drawn-out court proceedings with unsure outcomes.

* What Are the Vocational Rehabilitation Rights of Injured Workers?

Vocational rehabilitation is the process of rebuilding work skills as part of recovering from an injury or illness. Sometimes an injured individual can eventually return to his or her previous job. If an injury places long-term or permanent limitations upon the person, retraining for a new type of job may be necessary. Depending upon the law of your state, if you require vocational rehabilitation after a job injury or industrial illness, your employer or its workers’ compensation insurer, or the state, or some combination of these three resources may be required to pay for your vocational rehabilitation services as part of your workers’ compensation benefits.