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Automobile Collisions / Workers' Compensation

414-272-3636 877-412-7409

July 2015 Archives

Can Workers Comp be Sued?

Can workers comp be sued in Wisconsin by an injured worker generally not in court.  However, an injured worker can make a bad faith claim under the workers' compensation law and receive increased workers compensation benefits if successful.

What is My Car Accident Worth?

What is my car accident worth?  In Wisconsin, to successfully recover money damages from another driver who caused a car accident or collision, the injured person must prove four things: duty, negligence or breach of the duty, causation and damages.  This post will discuss damages.

In a Car Accident, What is the Legal Cause of the MVA?

In a car accident what is the legal cause.  In Wisconsin, to successfully recover money damages from another driver who caused a car accident or collision, the injured person must prove four things: duty, negligence or breach of the duty, causation and damages.  This post will discuss causation.

How to Prove Car Accident Fault

How to prove car accident fault in Wisconsin, to successfully recover money damages from another driver who caused a car accident or collision, the injured person must prove four elements: duty, negligence or breach of the duty, causation and damages. This post will discuss negligence or breach of the duty.

How to Win a Car Accident Case - Duty First

How to win a car accident case - Duty first.  In Wisconsin, to successfully recover money damages from another driver who caused a car accident or collision, the injured person must prove four elements: duty, negligence or breach of the duty, causation and damages.  This post will discuss duty.

Changes to Wisconsin's Workers Compensation System

Changes to Wisconsin's workers compensation system came over the weekend as Gov. Walker signed his budget bill.  After strong objections from doctors and attorneys, the legislature kept workers' compensation as an intact government department but did reassign most of the administrative law judges out of worker's comp and into a general pool of non-specialist judges.  It is anticipated that more bills will be introduced by the state legislature in a effort to weaken workers' compensation laws and ultimately go back 108 years to where employers can once again dictate terms to employees and abandon them when they get hurt on the job.  This is not exaggeration or hyperbole; its very real and calculated.

July 4, 1776 Independence Day

On July 4, 1776, wealthy, educated men called themselves Americans and declared their independence day.  In 1787, these same men crafted, with words, the most enduring and fair laws for people to live by in history - the United States Constitution.  But, it took more than eloquent words to create a nation based on self-determination, due process, and fundamental fairness.

Do I Have to See Company Doctor?

In Wisconsin you do not have to see company doctor.  Injured employees under Wisconsin workers compensation law, Wis. Stats. Sec 102.42, have the freedom to choose the doctor they want to see.  Generally, any doctor licensed in Wisconsin can be selected by the injured worker.  Out of state doctors can be used if referred to by your Wisconsin doctor or if the employer agrees you can treat with the out of state doctor.  Under worker's comp law, the injured employee is limited to two doctor choices.  However, any doctor that one of your first two choices refers you to is included in that choice.  So as long as the employee stays within his referral circle it should be covered.  Also, if the injured worker goes to a doctor but does not ask the worker's compensation carrier or employer to pay for that doctor, it is not one of his two choices.

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McCormick Law Office
829 North Marshall Street
Milwaukee, WI 53202

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