Domer Law, S.C.

Initial Steps for a Denied Claim

2026-07-30T19:33:38Z

Navigating initial steps to take after a claim is denied can be overwhelming with the limited guidance that is provided by the worker’s compensation insurance company. It is common for worker’s compensation insurance companies to hire “independent” physicians to deny a claim. The insurance company has a legal right to rely on these second opinions. These denials are particularly challenging while an injured worker is actively treating for the work injury.

Importantly, the injured worker still has a right to continue medical care through their own insurance source and rely on their own treating physician’s return to work recommendations. Out-of-pocket medical expenses (deductibles or copayments) can be pursued as part of an injured worker’s appeal. When medical bills are processed by group health insurance, the injured worker can avoid surprise outstanding bills from the medical providers down the road.

In addition, a denied claim means that the worker’s compensation insurance company will stop paying lost wages to the injured worker. It is important for the injured worker to inquire whether short-term or long-term disability coverage exists. Although these policies offset the worker’s compensation claim, they provide wage replacement for the injured worker if they continue to be off work.

It is important to speak to an experienced worker’s compensation attorney about practical steps to take at the onset of a denied claim.

How much should I be paid while off work for a work injury?

2026-07-30T19:30:18Z

Under Wisconsin law, injured workers are entitled to 2/3 (66.67%) of their average weekly wage while off work following a work injury. An employee’s average weekly wage (sometimes referred to as AWW) is fixed as of the date of injury. For most employees, the average weekly wage is calculated based on the assumption of being a “full time” worker. In short, the average weekly wage is the higher of: (1) the employee's hourly wage multiplied by the hours regularly scheduled to work at the time of injury; or (2) the actual gross earnings during the 52-week period before the injury divided by the number of weeks worked during that period.

Frequent errors occur in the calculation of an injured worker's average weekly wage. For example, any employee who works beyond 40 hours a week, commissioned employees, or tipped employees, could be underpaid because their gross earnings should be used to calculate the average weekly wage and not the hourly wage multiplied by the regularly scheduled hours.

Injured workers should be aware that the average weekly wage calculation has impacts on other benefits under Wisconsin worker’s compensation law. If you are an injured worker and have questions about what you are being paid, you should reach out to an experienced workers’ compensation attorney to discuss.

Permanent total vs. permanent partial disability: Key differences

2026-07-22T13:12:50Z

Whether you are hauling freight across I-94 or working a double shift at a Wisconsin hospital, a sudden and lasting work injury can derail your career. Wisconsin State law remains clear on how workers are compensated when an injury results in a permanent impairment. If your treating doctor determines you have reached end of healing, the physician assesses whether there is permanent disability. If so, the physician can assess a percentage of permanent partial disability and can assess the need for permanent work limitations.

Managing life with lasting limitations

Permanent Partial Disability (PPD) applies when you have reached the end of healing (MMI) but still face permanent impairment. You might return to the manufacturing floor or the delivery route, but your body is no longer at one hundred percent. Wisconsin uses a structured system to determine how much you receive for these changes. Permanent partial disability can involve disabling elements, such as ongoing pain, soreness, range of motion limitations, loss of strength, and activity limitations. Moreover, the following factors can influence your PPD benefit amount:

The percentage of disability a medical professional assigns to the injured body part (i.e., an assessment of how “wrecked” the body part is).
The weekly rate set by Wisconsin law (based on the often tied to the date of injury; for example the weekly PPD rate for injuries in 2025 was $446/wk)
The number of weeks assigned to that specific body part by statute

As an example, if a 2025 work injury results in a left shoulder surgery and the worker recovers with range of motion limitations and ongoing pain, the physician may assess PPD of 20%. The shoulder is “worth” 500 weeks of PPD benefits, so 20% is 100 weeks. At the weekly PPD rate of $446, the payout is a total of $44,600. (note that it is paid over 100 weeks). These PPD payments provide a financial cushion as you adapt to your new physical reality. The benefits are usually paid out over a set period rather than for the rest of your life.

Support for when you can no longer work

Some injuries are so severe that returning to any form of gainful employment is no longer an option. Permanent Total Disability (PTD) benefits are for those who cannot re-enter the labor market in any stable capacity. This is the “highest” value for a claim in worker’s compensation law (as there is no compensation for pain and suffering). A PTD claim can occur, for example, if there is an older worker in a physically demanding trade where retraining for a desk job is not feasible. Significantly, PTD cases—by law—are generally not available for workers with permanent impairment to their limbs. These are known as “scheduled” injuries, and a worker cannot pursue a loss of earning capacity benefit for such injuries (a finding that comes as quite a shock to a carpenter with a hand injury that cannot return to their profession!) A vocational expert is needed to pursue a PTD claim. The expert will look at several to criteria determine if you qualify for these long-term benefits:

The severity of your physical or mental limitations following the accident
Your age, education level and previous work history
Whether, given your restrictions and vocational factors, you can realistically maintain gainful employment

A judge ultimately decides if you are eligible for PTD benefits (it is not a guarantee via the litigation process).If you qualify, PTD benefits are significant. PTD benefits are 2/3 of the worker’s wages (tax free) for life. The benefits are not reduced at age 65. Medical expenses are also paid for life for a PTD claim. Thus, while difficult to obtain, PTD benefits are extremely important for a significantly impaired worker.

Pursuing the benefits you deserve

Whether you are eligible for PPD or PTD benefits, securing them is crucial for your well-being. However, it can be complicated, especially when you are also managing serious, permanent injuries. Working with an experienced attorney in these situations can be wise.

Why documenting minor work injuries protects your future

2026-07-16T11:26:24Z

Your back is sore after lifting boxes all day. It doesn't seem like a big deal, so you don't mention it to your supervisor. A few months later, the pain is unbearable and you can barely walk. Now you need surgery, but there's no record that you were ever injured at work. This scenario happens more often than you might think.

How minor injuries become major claims

Many serious work injuries don't start with a dramatic accident. They begin as minor aches and pains that gradually get worse. A back strain from lifting can turn into a herniated disc. Shoulder soreness can become a rotator cuff tear. Knee discomfort can develop into a condition requiring joint replacement.

Because these injuries happen slowly, a minor "tweak" today might actually be the start of a career-ending injury. Without an initial injury report, insurance companies might argue that your condition developed outside of work. The burden of proof then falls on you to show the injury is work-related.

What happens when you don't report

Failing to report an injury creates messy legal and financial obstacles. When you file a claim months after an incident, the employer or insurance company could ask, "If this really happened at work, why didn't you report it?" This is a fair question that becomes hard to answer.

Medical records also create issues. If you first see your personal doctor instead of reporting a work injury, the medical records can show it as a non-work condition. These conflicting records can hurt your case.

Finally, memories fade. Coworkers who witnessed your injury may not remember important details months later. Supervisors move to different positions. Documents get lost or destroyed.

How to properly report an injury

The solution is simple: report every injury, even minor ones. Wisconsin law requires you to give notice to your employer as soon as possible. Here's what you should do:

Tell your supervisor immediately, even if the injury seems small
Put it in writing if possible
Include the date, time, location and what you were doing
Note which body part was affected
List any witnesses who saw what happened
Keep a copy of your injury report for your records

Reporting a minor injury could save your workers' compensation claim months or years down the road. You cannot always predict which condition may turn into something serious, so playing it safe by filing an injury report can provide crucial peace of mind.

Can I See My Doctor After a Work Injury?

2026-07-16T11:27:20Z

Under Wisconsin law, injured workers have their choice of medical providers following an injury. This includes physicians, chiropractors, psychologists, dentists, podiatrists, physician assistants or nurse practitioners. An injured worker is not required to receive treatment from an employer or worker’s compensation carrier’s designated provider. The injured worker is free to choose their own medical provider following a work injury. However, injured workers need to be aware that while they have a great deal of freedom of choice in selecting a treating medical provider, some limits apply. For instance, the medical provider must be licensed to practice in the State of Wisconsin. Out-of-state treatment is only compensable if it is on a referral by a Wisconsin practitioner, or with the employer's consent. Moreover, the employee is limited to two choices of practitioners except by agreement with the employer. Treatment by practitioners who are partners in a clinic only count as a single choice, as does the referral to another practitioner. For instance, referral from a primary care doctor to a surgeon is still a single choice. Some exceptions may apply to the limits above. If you are an injured worker with questions about your treatment, or your treatment has been denied by the worker’s compensation carrier, you should speak to one of our experienced worker’s compensation attorneys at Domer Law.

Incident Reporting In Workers’ Compensation

2026-07-16T11:28:10Z

What should you do after sustaining a workplace injury? One of the most important things an injured worker can do after sustaining a workplace injury is reporting the injury. Rather than a verbal report of the injury, the injured worker should request that an incident report be completed, noting the accurate time, location, mechanism of injury, and injured body parts. A signed incident report with both the injured worker and a supervisor signature is best. Incident reports are one of the best ways an injured worker can document a contemporaneous account of how the injury occurred and a detailed description of symptoms following an injury. Even if an injury is severe enough to require immediate medical attention or transport to a medical provider, the injured worker should request that a report be completed in the following days. Generally speaking, completion of the incident report also provides the worker an opportunity to tell the employer that their worker’s compensation carrier needs to be notified of the injury and the claim filing process needs to begin. If an incident report is not offered by the employer, it is prudent to still document the situation to human resources in writing via email or text to memorialize that the incident was appropriately reported. Speaking to an experienced worker’s compensation attorney about immediate incident reporting steps to take can significantly reduce issues with the worker’s compensation carrier down the road.

New 2026 Worker’s Compensation Law: Improved Benefits for Workers (and More)

2026-04-02T20:01:56Z

Work Comp Advisory Council Bill Passed!

In another win for injured workers and the worker’s compensation system as a whole, on Monday morning, March 30, 2026, Governor Tony Evers signed new worker’s compensation legislation for Wisconsin. The new law (2025 Wisconsin Act 145) arose from the Wisconsin’s Worker’s Compensation Advisory Council, which is the group of labor and management members (and insurance industry advisors) that gather, discuss, and collectively agree to reasoned, vetted, and incremental changes to the worker’s compensation system. The Council traditionally then produces an Agreed-Upon bill that the legislature receives for approval. The Advisory Council process has made Wisconsin a nationwide gold standard–producing a stable work comp system in our state, with significant benefits for injured workers along with ever-declining premiums for Wisconsin’s employers. The Council bill was approved by the legislature in the most recent session, and Governor Evers signed the bill into law. The law is effective April 1, 2026. The Governor’s press release can be found here.

New Law Increases Benefits for Injured Workers

The new law provides a number of economic benefits for injured workers, including: 1. Increased Permanent Partial Disability (PPD) Benefits for injured workers. Specifically:

- The PPD rate for work injuries on/after April 1, 2026, has been increased to $454/week (increased from $446/week)
- The PPD rate for work injuries on/after January 1, 2027, has been increased to $462/week.

While these amounts may seem incremental, the weekly amounts increase the overall “value” of a case exponentially. For example, when a doctor assigns a Percentage of Permanent Partial Disability at the end of healing, the worker receives the PPD payout through a formula, based on the body part injured and the percentage of permanent disability (i.e., how “wrecked” is the body part). Specifically, each body part carries a defined statutory weekly value and the PPD percentage is out of that starting value; for example, a completed damaged ankle is “worth” 250 wks, a knee is equal to 425 weeks, and a back is equal to 1000 weeks. Accordingly, if there is a 10% PPD to an injured worker’s lumbar spine, the worker can claim 100 weeks (10% of 1000) at the PPD rate in effect as of the date of injury.

With the new law, that means increased benefits for workers. If a worker has an injury on/after April 1^st of this year, a knee ACL repair (“worth” 10% PPD) is equal to $19,295 (42.5 weeks @ $454/wk); a total knee replacement (“worth” 50% PPD) is equal to $96,475 (212.50 weeks @ $454/wk); and a low back fusion surgery (“worth” 10% of a spine) is equal to $45,400 (100 weeks @ $454/wk). The increased PPD creates these larger values for a work injury.

2. Permanent Total Disability Increases

The new bill increases supplemental benefits for “older” permanent total disability (PTD) claims. Workers who are permanently totally disabled receive 2/3 of their weekly wages for life. However, their weekly wage is set at the time of injury, and in many cases the weekly benefits certainly do not keep up with the cost of living.

Past law allowed for some PTD workers—only with injury dates before January 1, 2003—to receive supplemental benefits (increased proportionally to the maximum wage rate annually). The new law expands that eligibility to workers with injury dates before January 1, 2020, which dramatically increases the amount of PTD workers eligible for the supplemental/cost of living annual increases.

3. Elimination of Restricted Accounts

Traditionally, when an injured worker settled a worker’s compensation case, Administrative Law Judges required the worker to place some of their settlement funds into a “restricted bank account.” These paternalistic accounts allowed the worker to only access a certain amount per month from these accounts—effectively creating a forced savings account (and the government telling a worker what to do with their money). Our firm has advocated for the removal of these accounts for over twenty years.

At long last, the new law eliminates the need for restricted accounts, allowing workers to receive the entire amount of their tax-free settlement in a lump sum. This is a huge victory for injured workers.

Other Important Provisions in the New Law.

The newly signed agreed-upon bill also contains significant changes to Chapter 102 (the Wisconsin Workers’ Compensation Act):

Expanding PTSD coverage for emergency medical personnel. Previous law allowed for limited mental health benefits for police officers and firefighters suffering from work-related Post-Traumatic Stress Disorder (PTSD). The law “eased” the legal standard applicable to these claims, and provided worker’s compensation coverage for 32 weeks of disability. The law, however, left out certain other important emergency personnel. The new law expands PTSD worker’s compensation coverage to: emergency medical responders; emergency medical services practitioners; and volunteer or part-time firefighters.
Expansion of medical personnel who can support a work comp claim. To pursue a worker’s compensation claim, a worker needs a medical professional to provide an opinion on causation and extent of disability/permanency. Traditionally, such reports could only be provided by physicians (M.D. or D.O.), psychologists (Ph.D.), podiatrists, or chiropractors. The new law indicates that physician assistants (P.A.) and Advanced Practice Registered Nurses can provide legally sufficient opinions causation and extent of disability. Furthermore, the law allows audiologists to provide opinions on causation and extent of disability in a hearing loss claim.
Changes the “Stacking” PPD rules. When a worker underwent multiple surgical procedures to the same joint, the Administrative Code minimum PPDs for each surgical procedure were “stacked” to result in a larger, cumulative total. For example, if a worker had a work-related knee replacement, it carried a minimum 50% PPD under the Administrative Code (equal to 215.50 weeks of PPD benefits). However, if the worker then later underwent an additional knee replacement to the same knee (additional 50%), the two knee replacements would be stacked or added together for a 100% cumulative total. The new law eliminates the stacking of PPD in the circumstance when a worker undergoes “the same surgical procedure” a second or subsequent time on the same limb. The law also indicates the PPD assessment needs to be made by medical professional.
No statute of limitation for shoulder replacement claims. For certain specified traumatic injuries (amputations, loss of vision, permanent brain injury, total or partial knee or hip replacement) there effectively is no statute of limitations (which generally is 6 years from the date of injury or last payment for traumatic injuries). The law expands the elimination of the statute of limitations for workers who undergo shoulder replacements or reverse shoulder replacement surgeries.

Overall, this is a bill that improves the benefits for injured workers and strengthens the worker's compensation system in Wisconsin--a victory for all involved. (This post was written exclusively by the author. No generative A.I. assistance involved!)

When travel injuries qualify for Wisconsin workers compensation

2026-03-18T09:06:21Z

Getting injured while traveling for work can raise difficult questions about whether workers compensation benefits may apply. Wisconsin law outlines several guidelines that help determine when an injury relates to your job and when it may fall outside an employer’s responsibility. The key issue often centers on why you were traveling and how closely that travel connects to your work duties.

The limits of your daily commute

In many situations, injuries that occur during a routine commute between your home and your regular workplace, also called as the going and coming rule, may fall outside workers compensation coverage. The law often treats a normal commute as a personal activity rather than a work duty. Still, certain circumstances may lead to a different result. For example, some employees work from a regular home office that their employer authorizes. In that situation, your workday might begin at home. An injury on your property while starting a work task could potentially raise questions about coverage.

Protections for local business travel

Some jobs require regular travel throughout the day. When your employer expects you to drive or travel as part of your role, workers compensation protections may apply more readily. Common examples of work related travel may include the following:

Driving between job sites during the same shift
Running errands or completing deliveries for your supervisor
Transporting tools, materials or coworkers for business purposes
Attending meetings, conferences or training sessions away from your usual office

In situations like these, travel often connects directly to your job responsibilities.

Broader coverage during business trips

Coverage may become broader when your employer sends you out of town for work. Wisconsin courts sometimes apply what many refer to as the traveling employee rule. Under this concept, your activities during the trip may remain connected to your job in many everyday situations. That connection may extend to activities such as:

Traveling to and from the out of town work location
Walking to a nearby restaurant for a meal
Staying in a hotel during the trip
Moving between scheduled work related events

These activities often relate to the basic needs of daily living while you travel for work.

How personal detours can affect coverage

Even though travel coverage can be broad, it does have limits. A personal detour sometimes called a private deviation may interrupt workers compensation protection. For instance, an injury that occurs during a sightseeing trip or a personal visit unrelated to work might fall outside the scope of employment. Coverage may return once you resume the work related portion of your trip. Travel injury claims often depend on the specific facts of the situation. Decision makers may look closely at your employer’s instructions, your travel schedule and the purpose of your activities at the time of the injury.

Why the details of your travel matter

Keeping records of assignments, schedules and work related travel may help clarify how the trip connects to your job duties. Understanding how Wisconsin workers compensation rules apply to travel may also help you recognize when an injury on the road might still relate to your work.

Are temporary workers eligible for workers’ compensation?

2026-01-20T09:19:12Z

Some work benefits have vesting requirements. Employees have to hold their jobs for a certain amount of time to be eligible for benefits or standard full-time employment. They must prove they are capable of meeting job requirements and integrating into the company culture. Those who just started a new position with an employer may not be eligible for health insurance through the company initially, for example. Other benefits and legal protections take effect immediately when workers start their jobs. Workers’ compensation benefits help protect those who acquire work-related illnesses or get injured while on the clock. Injured professionals may be eligible for full coverage medical benefits and also disability pay if they must take time away from their positions. Full-time workers who have a long-term history with their employers often feel confident about their right to seek workers’ compensation benefits. Can temporary workers, such as seasonal employees, file a claim for workers’ compensation benefits?

Almost all direct-hire workers are eligible

Employment history and the details of the employee’s work arrangements, such as the number of hours they work each week, generally do not influence eligibility for workers’ compensation. Professionals are eligible for the same coverage regardless of whether they have held their jobs for decades or days. The duration of their employment does not dictate their eligibility for benefits. Seasonal workers who may only hold a job for two months and temporary workers who hold the position while another employee is on medical leave are also eligible for workers’ compensation benefits. Generally speaking, the protection obtained via workers’ compensation begins the very first day that a worker starts their job. After all, employees can get hurt during training or when they are unfamiliar with job responsibilities and safety standards. Current rules allow almost any direct-hire employee, regardless of when they started their job, to request workers’ compensation benefits if they have medical issues directly caused by their employment. Seasonal and temporary workers have the same baseline protection as full-time workers with permanent, salaried positions. Temporary employees worried about making a workers’ compensation claim may want to sit down to discuss their rights. Having support throughout the workers’ compensation claims process may make it easier for injured and sickened workers to manage paperwork and seek the benefits they deserve.

Domer Law Attorneys Recognized in the 2025 Wisconsin Super Lawyers and Rising Stars Lists

2026-03-12T17:37:45Z

Domer Law is proud to announce that several of our attorneys have been recognized in the 2025 Super Lawyers and Rising Stars lists for the state of Wisconsin.

Attorneys Charlie Domer, Tom Domer, Robert Ward, and Sam Liverseed have been selected to the 2025 Wisconsin Super Lawyers list, an honor reserved for outstanding attorneys who have attained a high degree of peer recognition and professional achievement.

In addition, Brandon Brown has been recognized as a 2025 Wisconsin Rising Star, a distinction awarded to top up-and-coming attorneys who are either under the age of 40 or have been practicing law for 10 years or less.

The Super Lawyers selection process is rigorous and multi-phased, incorporating peer nominations, independent research, and peer evaluations. Only a small percentage of attorneys in each state are selected for inclusion each year, making the recognition a meaningful indicator of excellence in the legal profession.

At Domer Law, our team is committed to providing knowledgeable, compassionate, and effective representation to injured workers across Wisconsin. The recognition of our attorneys by Super Lawyers highlights the firm’s ongoing commitment to excellence and advocacy for our clients.

We congratulate Charlie, Tom, Robert, Sam, and Brandon on this well-deserved honor.