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Automobile Collisions / Workers' Compensation

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November 2015 Archives

Are Low Back Pain Symptoms Work-Related?

Are low back pain symptoms work-related in Wisconsin workers compensation cases First, what are some of the symptoms of low back problems? Symptoms from low back problems vary. They depend on a person's condition and which structures are affected. Some of the more common symptoms of low back problems are:

What Workers Comp Benefits Available If Hurt on the Job

What workers comp benefits are available if hurt on the job in Wisconsin are generally temporary total disability or TTD benefits while you are off work and in your period of healing.  TTD benefits are two-thirds of your weekly gross pay (does not include fringe benefits) and there is a maximum limit that changes every year.  To get TTD, it is very important that the doctor your are treating with gives you an off work slip cover all the dates you cannot work or have restrictions which the employer cannot accommodate.  In addition, the employer or its workers' compensation insurance company is responsible to pay for your work-related medical treatment.  They are also responsible for your mileage to and from the doctor's appointments but this is something you must keep track of an submit yourself to the insurance company, they usually do not offer to pay mileage unless you specifically ask.

Work Injury Causing Mechanical or Neurogenic Back Pain

A work injury causing mechanical or neurogenic back pain is compensable under workers compensation law in Wisconsin if supported by a treating physician and the administrative law judge.  To best understand the cause of your pain, spine specialists sometimes divide low back pain into two categories:

Is Degenerative Disc Disease Work Related, part 2

Is degenerative disc disease work related, even if it results in low back surgery and permanent work restrictions?  This second part blog continues the discussion of work-related degenerative disc disease.  Yes, if a traumatic work accident caused the degeneration to accelerate beyond normal progression or if the degeneration itself was contributed to by your job duties over time.   Your workers' compensation attorney must have a sincere understanding of the medicine involving low back degenerative disc disease which can lead to low back disability, permanent work restrictions, and loss of earning capacity.

Not all trucking accidents are caused by truckers

Being involved in an accident with a semi-truck is one of the scariest things that will happen to some drivers. These accidents are often thought to be the fault of the semi-truck driver, but that isn't always the case. There are two other primary factors that can cause a semi-truck accident: trucking company policies and equipment failure.

Is Degenerative Disc Disease Work Related

Is degenerative disc disease work related and covered by workers compensation in Wisconsin.  Yes, if a traumatic work accident caused the degeneration to accelerate beyond normal progression or if the degeneration itself was contributed to by your job duties over time.  With this in mind, its important that your workers' compensation attorney understand the medicine of degenerative disc disease in the low back.

Low Back Pain is Work Related

Low back pain is work related legally in three different ways.  But first, medically, there are many causes of low back pain. Doctors are not always able to pinpoint the source of a patient's pain. But your doctor will make every effort to arrive at an appropriate differential diagnosis.  The vast majority of back problems are a result of wear and tear on the parts of the spine over many years. This process is called degeneration. Over time, the normal process of aging can result in degenerative changes in all parts of the spine.  However, physical, strenuous activity such as job duties over time can accelerate the degenerative process.  Apart from degeneration, an acute injury to the spine, such as a fracture or injury to the disc, can make a discrete injury or degeneration happen even faster.  Also, environmental factors such as diet and smoking can damage the spine and there is a genetic role in spinal health as well.  But even with lifestyle choices and family history, if a work injury or job duties accelerate a spinal condition, it is work-related.  The next blog will discuss the medicine of degeneration and spinal pain, now let's understand legally what low back pain is work related.

Workers Compensation Lower Back Settlements II

Workers compensation lower back settlements often involve a spinal segment, two vertebrae separated by an intervertebral disc, the nerves that leave the spinal cord at that level, and the small facet joints that link each level of the spinal column.

Workers Compensation Lower Back Settlements

Workers Compensation lower back settlements involve the lumbar spine anatomy made up of 24 spinal bones, called vertebrae.  Vertebrae are stacked on top of one another to create the spinal column. The spinal column gives the body its form. It is the body's main upright support.

Motorcycle accidents can lead to various claims for compensation

Even though the snowy season is sneaking up on us, there are still people who are enjoying the open roads of Wisconsin on motorcycles. Those bikers are putting themselves into the hands of other drivers with each mile they log on the roadways. Riding a motorcycle is something that many people enjoy; however, it is also an activity that can put them in danger.

Workers Comp from General Electric Closing Waukesha Engine

Workers comp claims from General Electric closing Waukesha Engine. A successful, efficient factory in Waukesha, Wisconsin making industrial engines, costing up to $1 million each, and are used for emergency power in hospitals and office buildings and in the oil and gas industry.  Many of its engines sell to foreign corporations, but those customers do not have the funds to pay cash and cannot get loans from private commercial lenders.

Car Accident Burden of Proof

Car accident burden of proof in Wisconsin is by a preponderance of the evidence. This means the injured person in a motor vehicle accident or collision must prove his or her case.  To recover for personal injuries, the accident victim must prove the crash was the other driver's fault and must prove what medical bills, wage loss and pain and suffering were caused by the accident.  The degree or level of proof is called ordinary.  Wisconsin jury instruction 200 defines the ordinary civil burden of proof as follows:

Who Has Right of Way at Intersection Accident

Who has right of way at intersection accident in Wisconsin is answered by the driver of a car shall stop before entering street or highway and shall yield the right of way to other vehicles which are already traveling on and approaching the intersection upon the through street or highway where you are entering.

Workers Comp Opt Out is Bad for Wisconsin

Workers Comp Opt Out is bad for Wisconsin employees and employers.  For more than a century, the work injury compensation system, first established in Wisconsin, has been the reality in the United States. For all this time, government mandated worker's compensation has brought stability and fairness for industry and labor, to the benefit of American society.

Will driverless cars be able to break the law?

Sometimes, rational choices on the road—and good choices—are made and result in breaking the law. However, if driverless cars are released to the public, something that feels closer every year, would they be able to make these same decisions to break the law? It's an interesting ethical question.

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