How Are Workers’ Comp Lawyers Paid?

Workplace injuries still happen in Wisconsin more than they should. If it happens to you, filing for workers’ compensation is an option. But if the claim is denied, you might feel at the end of the road. This is not true – you can appeal and still receive benefits, and an attorney can help make it happen. Learn more in this article about Wisconsin workers’ compensation. Then, our Wisconsin workers’ comp lawyers at Gillick, Wicht, Gillick, & Graf can help you get started on the appeal process.

What Is A Wisconsin Workers’ Compensation Attorney Paid?

Legal fees in Wisconsin workers’ compensation claims are set by state law. The law states that no workers’ compensation attorney representing an injured employee can charge more than a 20% contingency fee. This means the attorney can only charge 20% of the compensation they collect for an injured worker. If the attorney’s work did not play a role in getting compensation for the injured employee, the maximum fee is $250. Make sure you review your attorney’s pay structure, however, before you agree to have them represent you.

Also, the workers’ comp judge must approve the attorney charges on the case. Because of this pay structure, most injured workers have little downside when hiring a workers’ compensation attorney to represent them in an appeal.

What Benefits Can You Get In A Wisconsin Workers’ Comp Claim?

When you are off work and healing from the injury, you can get 2/3 of your gross weekly wages, up to a maximum amount. This is a temporary total disability benefit, but no benefits are paid for the first three days after the workplace injury. The first three days will be paid if you are off work for more than seven days.

Do You Need To Go To The Company Doctor?

Wisconsin law allows you to choose your doctor for workplace-related injuries and treatment. But you must tell the insurance company who you chose as your treating physician. If the workers’ compensation insurance company wants to send someone to go with you to your doctor’s appointment, you should decline. You are not required to let another party accompany you to your appointments.

After healing from workplace injuries, you should cooperate fully with your employer and the insurance company. They will want you to get back to work. If the company offers a job within your doctor’s restrictions, you should make every effort to comply and do that job. If you cannot return to work with that company, the insurance company could hire someone to help you find suitable work. You can also ask the Division of Vocational Rehabilitation to help you find work.

What Can You Do If Your Claim Is Denied?

If the workers’ compensation insurance company denies the claim or pays you less than you deserve, you can file for a hearing with the State of Wisconsin Workers’ Compensation Division. You must provide compelling medical testimony and possibly other evidence during the hearing. A workers’ comp judge will review the evidence you and the attorneys provide and decide based on that information.

It has been found that if the insurance company denies a worker’s comp claim, it hires the best attorneys available to defend it at the appeal hearing. You should hire a workers’ compensation attorney to represent you at this hearing.

Can You Get A Workers’ Comp Settlement?

Usually, there is no lump sum settlement for a job-related injury. Temporary total disability will be paid when you miss work. Then, any permanent partial disability assessed by the doctor will be paid weekly. Your claim for future compensation and medical benefits remains open for 6 or 12 years after receiving payment depending on the date of injury and the type of injury. So, you should be cautious about settling your claim and taking a lump sum payment. If settle your case on a full and final basis, the claim is closed forever, and you can never ask for more money.

However, a settlement could occasionally be in the injured person’s best interests. For instance, if you have a problematic claim and the judge would give you few benefits, it could be best to take a settlement from the insurance company. The settlement would be done through a compromise agreement, but if you get an offer, please have a workers’ compensation attorney review it.

Can You Sue Your Employer?

As an injured employee in Wisconsin, you cannot sue your employer for the injury. Workers’ comp in this state is not a lawsuit. No matter how much the company is at fault for your injury, they cannot be sued. The Workers’ Compensation Act states that the employer is not just your employer but anyone else who works there.

Any co-employee you have cannot be sued for your injury, so your claim is only for workers’ comp benefits. Also, workers’ compensation in Wisconsin is no-fault insurance. This means you do not have to prove anyone, including your employer, was at fault for your injury.

However, if a third party caused your injury, you can file a lawsuit against them. A third party is not your employer or an employee who caused the accident. For example, if you are a delivery driver injured by another driver who does not work for your company, you could file a lawsuit against them. Third-party lawsuits are complex and expensive, so you should retain an experienced attorney to help you with this matter.

How Do You Know You Got All The Benefits You Should?

The only way to be sure that you received all the workers’ compensation benefits you should is to hire an experienced attorney who knows your rights and the law. Your attorney is only concerned with your rights, not those of your employer or insurance company. You should not ask the workers’ compensation insurance company if you are entitled to more benefits. Instead, you should consult with an attorney who only represents the rights of injured workers.

Contact Our Wisconsin Workers’ Comp Lawyers Today

Was your workers’ compensation claim denied? Do not despair. Our Wisconsin workers’ compensation lawyers at Gillick, Wicht, Gillick, & Graf may be able to get you compensation, so call (414) 257-2667. You will not pay legal fees until you are paid, and your attorney is limited to a 20% contingency fee, per state law.