Wednesday, January 7, 2009

Reporting A Work-Related Injury In Wisconsin

Securing You Wisconsin Workers Compensation Claim By Properly Reporting Your Injury.


If you were injured at work, you will want to take the necessary steps to secure your right to make a claim under the Wisconsin Workers Compensation Program.  It is beneficial to start the process properly in order to secure your claim.  Here are a few tips: 

 

  • If you are hurt at work, report it to your boss or supervisor right away, and then seek any necessary medical attention.  This protects your health and your benefits.  (As long as you reported the injury to your employer, you do not have to report the injury to the insurance company itself).
  • You can choose your own doctor or physician in Wisconsin, as long as they are properly qualified and licensed in the state of Wisconsin.  You do not have to see a medical provider chosen by your employer for treatment.  (However, later on in the case you may have to submit to an evaluation by a medical examiner chosen by your employer).
  • The cost of reasonable and necessary medical treatment are the responsibility of the worker's compensation insurance company.
  • If you miss three days of work due to your work injury or illness, you should start to receive checks for lost wages from the worker's compensation insurance company.
  • Make sure that you provide all medical work restrictions to your employer.

For more information about making Workers Compensation Claims in Wisconsin, please visit our website at www.johnjokela.com

Wisconsin Workers Compensation - Important Facts

    • It is Critical to Find an Attorney Who is Experienced in Wisconsin Workers Compensation.  Worker's compensation cases are governed by laws and procedures different from those applied in other types of injury claims.  If you are injured at work, an attorney experience with worker's compensation law can advise you and help you get the best settlement or award. 
    • Get Legal Advice Before Quitting Your Job.  Quitting your job while a worker's compensation case is pending or denied is almost always a bad idea in Wisconsin.  If you are in a bad situation at work, talk to a workers compensation lawyer right away.
    • If Your Claim is Denied.  If your claim is denied, your case is NOT OVER.  An attorney can file an appeal and pursue the benefits you are entitled to receive.
    • Settlements.  An experienced workers compensation attorney can prepare your case to get you the best settlement offer.  Your attorney can also advise you as to the pro's and con's of settling your case instead of going to court.  An attorney experienced in workers comp cases can obtain the best results for you either way.  Insurance companies unfortunately rarely make good settlement offers to  unrepresented persons.
    • Make Sure You Claim All the Benefits to which You Are Entitled.  There are many types of Worker's Compensation Benefits you can obtain depending on your case.  Depending on the type of injury and disability you have, a lawyer can claim benefits for lost time, medical expenses, permanent disability, loss of earnings in the future, and other benefits.
    • Insurance Companies Can Be Sued for Bad Faith in Worker's Compensation.  If the insurance company fails to pay you the benefits you are entitled due to malice or bad faith, you may be able to claim double damages up to an additional $30,000.00 per occurrence.

For more information about making a Workers Compensation Claim in the State of Wisconsin, please visit our website.  www.johnjokela.com

Wisconsin Social Security and Disability Claims - Thing You Need To Know

  • Who is eligible for Social Security Disability? Generally, a worker insured under the Social Security Act is disabled if they are unable to engage in "substantial gainful activity" due to an impairment or combination of impairments either physical or mental.  Your medical condition that causes the impairment must have lasted at least 12 months, or be expected to last 12 months.
  • How Severe Must My Impairment(s) Be?  Your impairment(s) must be severe enough to significantly affect your ability to work.  Social Security will first check to see if any of your impairments are on a list of impairments that they maintain.  If it is, you may be found disabled at this point.  If not, you may still be disabled if you can show that the severity of your impairment prevents you from performing any past work you have done, and from performing any other work that exists in substantial numbers in the economy. 
  • Can I Apply for Social Security Disability While Still Employed? A person who works and earns an amount not considered to constitute "substantial gainful activity" could still be disabled.  If you earn less than $940.00 in gross income per month in 2008 (or $1570.00 for a blind individual) you may still be eligible for to claim disability under Social Security regulations.  These threshold amounts normally change each year so please check the current guidelines or call an attorney. 
  • Can I Appeal My Denial of Social Security Disability Benefits?  Yes.  Many qualified claimants are not approved for benefits until the second or third appeal to Social Security.  The Social Security Administration is overwhelmed with applications and you may not get a thorough review of your case until you are able to request a hearing before an Administrative Law Judge.  If you believe you are legitimately disabled, you should keep appealing until you can have a hearing before a judge.  Generally, you have 60 days to file an appeal to a decision or denial by the Social Security Administration.
  • What Happens at My Social Security Hearing?  Many things will happen at your hearing before the administrative law judge.  You should file all evidence, including medical records, with the Social Security Administration prior to your hearing.  You will be required to testify at your hearing, and you should provide honest and accurate answers and information to the judge.  Medical and Vocational experts may also be present and may testify about issue critical to your case.  An experience attorney can properly question these witnesses, present all necessary evidence, and address the other issues critical to your claim.

For more information about making a Social Security Disability Claim in the State of Wisconsin, please visit our website.  www.johnjokela.com

Wednesday, December 3, 2008

Welcome to the Wisconsin Injured Workers Blog.

Welcome to the Wisconsin Injured Workers Blog.

In this Blog, Central Wisconsin Worker Compensation Attorney John Jokela will discuss issues relative to Workers Compensation and Social Security Law. We hope that you find these discussions interesting and informative.

For more information on Worker Compensation and Social Security Law Claims in Wisconsin, please visit our website at http://www.johnjokela.com