Domer Law, S.C.Domer Law, S.C.2024-02-13T15:07:53Zhttps://www.domerlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1401824/2020/01/cropped-Fav-Icon-min-32x32.jpgby Charlie Domerhttps://www.domerlaw.com/?p=545592024-02-03T17:31:34Z2024-02-06T14:00:02ZFirm News!
Domer Law is pleased to name Attorney Sam R. Liverseed as partner in the worker’s compensation law firm. Sam has a passion for representing injured workers, spending his career practicing Wisconsin workers’ compensation law. He works closely working with clients from initial intake to successful conclusion, and clients continually express their gratitude to Sam for his efforts and dedication to their cases. He has a track record of great success, winning numerous cases before Administrative Law Judges and the Labor and Industry Review Commission. He also excels at maximizing workers’ benefits through settlement (including numerous six figure resolutions)—ensuring a guaranteed case resolution without the risks of trial.
Sam’s advocacy and trial skills earned him recognition in Wisconsin Super Lawyers as a Rising Star (2019-2023). He also is regularly involved in a number of worker’s compensation associations: the Wisconsin Association of Workers’ Compensation Attorneys (WAWCA), serving as the 2023 President; the Workers’ Injury Law & Advocacy Group (WILG); the Wisconsin Association of Justice; and the American Association for Justice. Sam also volunteered as a Board member for Kids Chance of Wisconsin, a non-profit providing scholarships to children of injured workers.
Sam earned his undergraduate degree at the University of Wisconsin – Madison and his law degree from Marquette University Law School (earning the WAWCA award for his performance). As a lifelong Wisconsin resident, he is an avid Packers, Bucks, Brewers, and Badgers fan.
Along with Sam’s persistent advocacy, the entire team at Domer Law continually strives to maximize worker’s compensation benefits for the injured workers of Wisconsin.]]>by Tom Domerhttps://www.domerlaw.com/?p=545512024-02-02T13:04:17Z2024-02-02T06:00:07ZSome common roadblocks
After a job-related injury, your financial stability can take a hit due to lost wages. Wisconsin's workers' compensation system is supposed to cover about 2/3s of these wages (as a tax free benefit), but sometimes, the process is not as straightforward as expected. The following are some issues workers like you have encountered during the claim process:
Delays in receiving benefits – Frustrating waits before claims are fully processed and benefits begin can stress an already inconvenient situation.
Disputed injuries – Employers or insurers might challenge the severity of your injury, causing further delays and complications.
Incorrect wage calculation – Your average weekly wage determines your benefits. This is a commonly underestimated part of the claim, but it is essential to recover sufficient and fair benefits.
Disagreements on returning to work – There can be conflict over your ability to return to work and what kind of work you can do.
Outright claim denials – Sometimes insurers deny claims altogether, forcing workers to appeal for their rightful benefits.
What every worker should know and do
The process can be daunting, but you are not without tools to fight for your rights. It is vital to:
Be prompt and precise – Report your injury as soon as possible and ensure your documentation is accurate.
Provide medical records and authorizations - You need to have a doctor provide you with off work or physical limitation notes. You should get a copy for yourself. Make sure your employer receives a copy. Get updated notes each and every time you see a doctor.
Understand your wage calculation – Calculating the average weekly wage is not always straightforward. Depending on how long you have worked for the injury employer, compensation should include factors like overtime to avoid further wage loss. Unfortunately, the value of lost health insurance premiums or 401k/pension contributions is not part of the calculation.
Know your rights – Familiarize yourself with Wisconsin's workers' compensation laws to understand your entitlements.
Get professional help – Seek legal advice if you are facing resistance from your employer or the insurance company.
Unfortunately, many employers or insurance companies may not have their workers' best interests at heart. These tips can help workers’ fight for what they deserve.
Unlawful requests from employers and taking action
Injuries could mean time away from work. More severe cases could lead to a lengthy recovery and potential inability to return to work--resulting in vocational rehabilitation or loss of earning capacity benefits. If your employer has pushed you to use sick pay instead of filing a claim, or your overtime hours are not in your wage calculation, among other unethical practices, it's time to act.
Remember, you deserve full benefits while you recover from an on-the-job injury. If you are facing lost wage claims issues, professional guidance can help ensure you get what you are entitled to. Your livelihood and the financial well-being of your family depend on it.]]>by Samuel Liverseedhttps://www.domerlaw.com/?p=545352023-12-07T14:43:19Z2023-12-11T07:29:43ZA Multi-Year History Of Problems
The problem dates back a few years. When COVID-19 breached the borders of the United States, the need to deliver goods instead of store purchases skyrocketed throughout the nation. In response, delivery companies stepped up and increased staffing.
However, that growth in what is referred to as the haulage and logistics industries resulted in overworked employees dealing with their own mental health. Fatigue, anxiety, and fearfulness of job security have become the rule, not the exception.
Research from Mercedes-Bez Vans U K reveals twenty percent of drivers categorize their job-related anxiety as poor or very poor. Workers cite increased time pressure and workloads on highly congested roads during the holiday season. Uncertainty over their future with their employer plays a role in depression.
The problem is in desperate need of a solution. Countless drivers claim they don’t have access to managers to express their concerns. For now, their issues remain unresolved, putting them and other drivers in danger of serious and potentially fatal accidents.
Work Injuries--Including Repetitive Job Duties
With the influx of delivery drivers--and need to get christmas gifts delivered timely!--work injuries are bound to happen. From motor vehicle accidents to slip and falls to back injuries from repetitive lifting, delivery drivers are at greater risk of injury. When injured, a delivery driver is entitled to worker's compensation benefits, including medical bill coverage, 2/3 of wages when healing, and potentially permanent disability benefits.
Many delivery drivers are unaware that repetitive movements can qualify for worker's compensation benefits--even if not a one time event. Examples include:
Knee injuries from repetitive getting in and out trucks/vans/cars.
Back/spine injuries from continuous lifting and loading/unloading packages of varying weight.
Shoulder injuries from repetitive reaching and lifting overhead.
Many deliver drivers (and their doctors) do not initially associate their job duties with the physical injury. Workers need to be aware that their repetitive job duties could be playing a role in their condition...and that they have access to work comp benefits.]]>On Behalf of Domer Law, S.C.https://www.domerlaw.com/?p=544672023-10-10T09:21:13Z2023-10-13T09:20:57Zsurgery makes much more sense. For example, if your injury caused you to be constantly in pain and affects your daily living, the pain could indicate something is wrong. In these situations, surgery may be the best option for your recovery.
Severe nerve compression
If the spinal nerves are compressed, you probably feel debilitating pain. Without surgery, this pain could be permanent. Nerve compression can also cause physical weakness or numbness that does not improve with conservative treatment.
Spinal instability
If the injury you sustained caused excessive movement between vertebrae because of a fracture or severe ligament damage, you can experience chronic pain and difficulty moving, which can affect your day-to-day life and decrease your quality of life.
Disc herniation
If you sustained an injury that resulted in a herniated disc and your doctor, or the insurance company’s doctor, recommended conservative treatments, but you continue to feel persistent pain or loss of sensation, it can mean that conservative treatment is not enough to heal the injury. A portion of the disc could have sustained trauma, and a surgeon may need to remove it.
Spinal deformity
If your on-the-job injury resulted in a significant spinal deformity, you are probably experiencing significant, persistent pain that is unlikely to get better with conservative treatments.
In addition, spinal deformities can interfere with your breathing and other essential bodily functions, which makes this condition especially serious.
Importance of adequate treatment
It is important to consult with your physician and, if able, an orthopedic surgeon or neurosurgeon who specializes in back and neck disorders. These individuals can evaluate your case and recommend appropriate treatment options.
However, you must speak up and communicate openly with your medical professional and the insurance company’s medical professional, if applicable, about the severity of your pain, where it hurts, and what this pain prevents you from doing and how it interferes with your daily life.
Communication is key in situations involving workers’ compensation. You should be prepared to advocate for yourself, and ideally join forces with someone who can also advocate on your behalf, to secure the necessary treatment you must undergo to heal your injury and get better.]]>by Charlie Domerhttps://www.domerlaw.com/?p=543952023-08-02T19:17:34Z2023-08-04T09:42:09Zdisabled and unable to work for a long time. Teachers are entitled to worker's compensation benefits by law.
How a Wisconsin teacher can get hurt on the job
Common causes of job-related injuries for schoolteachers include:
Repetitive stress injuries to joints or spines from being on their feet all day, or lifting/carrying items throughout the course of day, week....or years!
Slip-and-fall accidents on icy sidewalks and parking lots, and floors wet from mopping.
Assaults by students, with resulting physical and psychological (post-traumatic stress disorder) injuries.
Wisconsin's workers' compensation statute covers virtually all employees, including public employees. Whether you teach at a public, private or charter school, you are entitled to workers' comp to help pay your medical bills and lost wages after a work-related injury or illness. The challenge then becomes showing a connection between your work duties and your injury. This could come from a single incident like a trip-and-fall accident or years of work, such as repetitive job duties.
If a teacher's work injury results in permanent limitations that do not allow a return to work, they also can pursue a loss of earning capacity claim--resulting in compensation for future lost earnings. The law restricts pursuing a loss of earning capacity claim to only certain types of injuries (primarily spine and mental injury claims), so consultation with a work comp attorney is helpful.
Additionally, some teachers may have their work comp benefits inappropriately cut off during summer months when they would not be working or teaching. However, if they are still recovering from a work injury and under limitations or off work completely from a physician, lost wage benefits (TTD) generally should still be paid. Talking to a work comp attorney is important if a teacher's benefits are cut off in the summer months.
If you have already made a claim for workers' comp but have been turned down, you can still appeal. You may still be entitled to substantial workers' compensation. Working with a workers' comp attorney can help you make a strong and compelling case on appeal.]]>by Charlie Domerhttps://www.domerlaw.com/?p=543802023-07-11T18:11:46Z2023-07-10T08:00:16Zof types of benefits that are available to the families of workers who died due to a work accident or occupational injury. Unfortunately, not all family members qualify for a dependent death benefit, and it remains helpful to review the law or consult with a lawyer about the available benefits. Also, since workers' compensation is an insurance system--and not personal injury--there are strict limits on the potential value for a death benefit claim.
Funeral and burial expenses
In any situation where a worker dies from an injury sustained at work, their funeral expenses will be covered by either their employer or their insurance company. This will cover funeral and burial costs up to $10,000.
Benefits to the Surviving Spouse
If the worker was married when they passed away due to a workplace injury, then their surviving spouse can receive benefits to continue supporting themselves. These benefits are normally equal to four times the maximum annual earnings that the worker was receiving at the time of the injury. (4x the worker's annual wage). The benefit to the surviving spouse is paid out over time, not in a lump sum.
Benefits to Dependent Children
If there is no surviving spouse, dependent children under the age of 18 can bring a claim for the dependent death benefit (at four times the annual wage). If there are multiple dependent children, the death benefit can be divided between the children for their benefit. The money for these claims is generally placed in an account that a guardian controls.
Also, if there is a surviving spouse receiving the death benefit, there can be additional benefits for any dependent children who was under the age of 18 at the time that the worker passed away. These extra benefits can also be payable if the dependent child was over the age of 18 if they were physically or mentally incapacitated or disabled. These benefits (known as childrens fund benefits) will vary based on the age of the child when their parent passes away, with a greater amount of benefits being paid to younger children.
Other Family Benefits
If the worker who passed away did not have a spouse or dependent children, then there may be other family members who can qualify for death benefits. These other family member would need to show partial dependency--meaning they were dependent on the deceased for financial needs. For example, if the worker had been supporting their parents financially, then their parents could be entitled to death benefits. These benefits generally only apply if the worker paid more than $500 to support their parents in the year that the worker died. The partial dependency benefit is limited to twice a deceased worker's annual earnings.
Additionally, if the parents were not financially dependent on their child when they passed, then they are still provided $6,500, so long as they were on friendly terms with them. Other family members may also qualify for death benefits, depending on the exact situation of the worker.
State Fund Payments
If there are no dependents of the injured worker who passed away, the entire dependent death benefit is payable to a State Fund. Accordingly, if there is a family member claiming partial dependency, they may end up in a dispute with the State Fund over who is eligible for the benefits. Consultation with an attorney is needed in these situations.
Scholarships
While not part of the Wisconsin worker's compensation law, children of an injured worker who passed away can be eligible for college scholarships through a Wisconsin non-profit organization: Kids Chance of Wisconsin.]]>by Brandon Brownhttps://www.domerlaw.com/?p=543562023-06-22T19:49:34Z2023-06-26T08:56:43ZSteps to take following an on-the-job accident
As with any industry, injuries or illnesses suffered while working qualify you for worker's compensation benefits. While your employer and their insurance carrier must take specific steps post-accident, you also have certain responsibilities, starting with reporting the accident within two years. More serious injuries necessitate immediate notification.
Other requirements include:
Following a traumatic accident, you should immediately report the event to your supervisor/foreman; time is of the essence, regardless of the injury's severity or whether it requires medical attention
An on-site accident, particularly in the construction industry, mandates immediate medical care, including first aid, scheduling a doctor appointment, or going immediately to an emergency room
Maintain all relevant medical and payment records.
For occupational exposure injuries (someone's job duties over time), report a potential injury as soon as you or your doctor believe your job duties played a role in your medical condition.
The responsibility of your employer
Once you have taken all the necessary steps, your employer must notify their insurance carrier or claims administrator about a pending claim. A report is then submitted to the Wisconsin Worker's Compensation Division from there.
Upon establishment of your claim, your care (for a traumatic injury) should stay open for six years from the day of the injuries or the final payment, whichever is later. Other types of claims are "open" for longer periods; for occupational exposure injuries, the statute of limitations is 12 years.]]>by Brandon Brownhttps://www.domerlaw.com/?p=543432023-05-25T14:33:13Z2023-05-26T08:45:21ZThe ways you can hurt your back
The spine is a vitally important part of the body, but it can be susceptible to injury, especially as we get older and years of labor pile up. Under Wisconsin law, a worker can injure their back through a one-time traumatic injury or through their job duties over a period of time. The most frequent types of back injury symptoms/conditions are:
Even a relatively minor back injury can limit your movement and ability to stand or sit for a long time without pain or weakness. A more severe injury can affect every aspect of your life. You might need help with everyday tasks like bathing, getting dressed, cooking meals and cleaning the house. Going back to work could be months away, if you ever are physically capable. Many chronic back and neck injuries force patients out of work completely or require them to take a less strenuous, lower-paying job.
What you can do after your claim gets turned down
If you hurt your back, neck or both in the course of your work duties, you should be entitled to workers' compensation under Wisconsin law. Workers' comp can pay for your medical bills and help recoup your lost wages until you recover enough to go back to work. But getting approved for the level of benefits you deserve is not always straightforward. If your employer turned down your claim or made a lowball offer, a consultation with a workers' compensation attorney can help you decide what to do next.]]>by Samuel Liverseedhttps://www.domerlaw.com/?p=543292023-09-26T18:47:04Z2023-04-26T05:06:59Zadditional monetary benefits under the Wisconsin worker's compensation law after a work-related sports injury. Many professional athletes are unaware of these potential benefits--including permanent partial disability benefits if they had a surgery to an injured body part.
At [nap_names id="FIRM-NAME-1"], we understand the gravity of these situations, which is why we exclusively work on workers’ compensation cases. While other law firms may also work in personal injury or other practice areas, we devote the entirety of our focus to this particular area of law. As a result, we commonly are referred to injured professional athletes in multiple sports.
What Sets Us Apart
Whether you were injured in professional baseball, hockey or any other sport, we know that every case we take is completely unique, which is why every one of our clients receives personalized attention as we develop a custom-tailored strategy to help them pursue the ideal outcome in their cases.
Our commitment to our clients has allowed us to represent athletes on professional major-league teams in Wisconsin, like the Packers, Brewers, and Admirals. Our experience with these professional teams has prepared us for the unique challenges that may arise in these cases. Our goal as your legal representation is to handle all the responsibilities of your case while you focus on recovering from your injuries.
Meet Someone You Can Trust
If you want to learn for yourself why professional athletes are commonly referred to our lawyers, contact us today. We serve clients throughout all of greater Wisconsin, including Milwaukee, Waukesha, Racine and Kenosha. Call our attorneys at [nap_phone id="LOCAL-CT-NUMBER-7"] or email us here to schedule your initial consultation today.
]]>by Charlie Domerhttps://www.domerlaw.com/?p=543272023-08-23T16:45:36Z2023-04-25T04:56:11Zrequire that an injured worker attend an "independent" (or adverse) medical evaluation. Importantly, the IME doctor is not your doctor. This is a doctor chosen by the insurance company. By law, the injured worker is required to attend the appointment. The doctor can be used to determine whether an injury is work-related, the extent of disability, or the necessity or type of treatment (like a proposed surgery). IMEs can happen at reasonable intervals, generally every six months if required.
At Domer Law, S.C., our Wisconsin lawyers are committed to helping clients recover from their injuries while pursuing the outcomes they deserve in their cases. While trying to protect their best interests, we encourage our clients to know what to do and what to avoid while attending their IME.
The Things You Should Do
When attending your IME, it is important to what is necessary to protect your best interests, including:
Show up on time for your appointment. Being late for your IME can mean missing out on the appointment entirely, and the doctor may not get an accurate understanding of your condition by the time you can get to your next appointment. (Please note that if you do miss the appointment, the insurance company cannot charge you a no show fee).
Stay truthful about your incident. When the doctor asks about your accident, be sure you describe only the truth of what happened without any embellishments or exaggerations. Explain your symptoms and pain levels since the work injury.
Follow your doctor’s orders. Failing to follow a specified treatment plan can result in accusations that you made your original injuries worse, which can cost you the outcome you deserve.
You can bring an observer to the appointment, as long as they do not interfere with the appointment. The observer can be a spouse, partner, child, medical provider/physician, or even a friend. It is best to notify the IME company that an observer will be present before the appointment.
You can audio record the examination if not obtrusive and disclosed to the IME physician before the appointment.
These are a few steps anyone should follow in their IME, there are also steps you need to avoid while at your IME.
What To Avoid At Your Appointment
When at your appointment, it is important to remember not to do anything unnecessary, such as:
Do not argue with the doctor. While it is fine to make your side of things clear, do not get into a serious argument. If the IME agrees with the treating physician, generally your work comp benefits can condition.
Do not lie about your condition. This should go without saying. Your IME is not a time to underplay how hurt you are. If you think you are experiencing a consequence to your accident, do not keep it to yourself at your IME.
Do not discuss outside issues with anyone at the IME appointment. Talking about finances, your legal situation or anything about your insurance can come back to haunt you in your compensation claim.
Be aware of surveillance. The work comp insurance company knows the date and time of the IME appointment. Generally, there will be video surveillance of you going from your house to and from the IME location. Be on the lookout.
When at your IME, the best thing you can do is to keep your priorities set on your IME and get through your appointment. If you need more information about any aspect of your case, we can offer you the guidance you are looking for.
IME Reports (and more)
An injured worker is entitled to the IME report when it is completed. However, there is no official timeframe on when the IME physician has to complete the report. If the IME physician denies any aspect of your worker's compensation claim, you have the right to dispute that IME report with the opinion from your own treating physician. You can bring an application for hearing to overturn the IME opinion.
Also, if you refuse to submit to an IME examination, the work comp carrier has the ability to suspend your compensation. Thus, even if the injured worker is incredibly angry that they have to attend the appointment, a refusal to attend can impact benefits legally.
Let Us Help You Through Your Claim
If you are ready to meet with someone you can depend on in your workers’ compensation claim, now is the best time to reach out to our Milwaukee office. Call us at [nap_phone id="LOCAL-CT-NUMBER-7"] or more information about any aspect of your case to schedule your initial consultation today.]]>