Waukesha Workers' Comp Claims Lawyer

Workers' Comp Claims and Hearing Process

Workers' compensation benefits are paid to people who have been injured at work. Generally, injured workers are not allowed to sue their employers for injuries sustained at work and the benefits available under workers' compensation law are the only remedy available to the injured worker. Therefore, if you or a loved one has sustained a work injury, it is important you understand what benefits are available.

Workers' Compensation Benefits Overview

The primary benefits available under workers' compensation law are medical coverage and wage replacement. The medical coverage is 100% with no co-pays or deductibles. The coverage extends to prescriptions and mileage reimbursement for medical appointments. In catastrophic injury cases, the coverage can include payment for home modification and in home care.

The wage replacement benefit is called temporary total disability and is payable at two-thirds of the injured person's average weekly wage while the person is off work, recovering from the injury. If the injury is serious and the person is left with some permanent disability, permanent partial or even permanent and total disability benefits are available as well.

The benefits are paid either by employers who may be self-insured or insured by their insurance carriers. Often the employers or their carriers resist payment of benefits that are due. When that happens, it is essential that the injured person gets advice and proper representation from a workers' compensation lawyer who is knowledgeable in the law and able to guide the case through the litigation process. At the Ward Law Firm, workers' compensation law is all we do. Please feel free to call if your claim for benefits has been or is about to be denied.

What Happens When a Workers' Comp Claim Is Denied?

If an insurance carrier has denied the claim of an injured worker, that person must file a claim with the State of Wisconsin Workers' Compensation Division. A claim is filed by filing an application for hearing with appropriate medical support.

After the claim is appropriately filed, the insurance carrier will hire a lawyer to represent its interests and that lawyer will begin assembling evidence to help the insurance carrier defeat the claim. They will obtain access to the injured person's past medical records and search for evidence of prior claims or any pre-existing disabilities.

Eventually, a hearing will be scheduled before an administrative law judge who will listen to the evidence and issue a decision on the case. It is essential that the injured person present all necessary evidence, both testimonial and written, at the hearing. This is the one chance to enter evidence into the record, and the record made at the hearing will control the outcome of the case. Further, the hearing represents the injured person's one chance to test the evidence presented by the insurance carrier through argument or cross-examination.

Contact Our Milwaukee Attorney for Representation at Workers' Compensation Hearings

At the Ward Law Firm, we have been representing people through the hearing process for almost 30 years. We know what evidence needs to be developed and how to present that evidence. More importantly, we know how to test the evidence presented by the insurance carrier and demonstrate how that evidence may not be reliable.

If you or someone you know needs a lawyer to help you through the workers' compensation hearing process, call the Ward Law Firm for a no-cost phone consultation. Call toll free at 877-369-3080 or e-mail us today.