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Automobile Collisions / Workers' Compensation

414-272-3636 877-412-7409

November 2016 Archives

Workers Compensation Death Benefit

In Wisconsin the workers compensation death benefit compensates a dependent when a person with a work-related injury dies. If the employee dies as a result of a work-related injury, or when a worker's comp permanently totally disabled employee dies from any cause, his or her dependents are entitled to a death benefit. If the deceased worker is survived by at least one person who is wholly dependent on him or her for support, the benefit is four times the employee's average annual earnings (or 200 times the employee's average weekly wage), subject to the maximum and minimum limitations. See Wis. Stat. Secs. 102.11(1), (2), and 102.46.

Wisconsin Pedestrian Right of Way

Some of the most challenging pedestrian motor vehicle accident cases involve child dart out situations and stranded drivers walking on the highway. Rules of comparative negligence apply, but there are jury instructions that act as guideposts. Wisconsin laws for pedestrian right of way do not by default favor the pedestrian. Every situation is different and a pedestrian must be on constant look out for his or her own safety. After an accident we can look at the facts and apply the law to get a financial recovery for a severely injured pedestrian. The pedestrian right of way laws in Wisconsin are very specific depending on the circumstances. The following rules address some situations a pedestrian may find him or herself in.

Workers Compensation Spondylolysis Treatment Surgery

Spondylolysis mostly manifests in the lumbar spine as a fracture in the bony ring on the back of the vertebrae. It is usually caused as a result of a violent traumatic incident or excessive, repeated strain on the low back. The area affected is called the pars interarticularis, so doctors sometimes refer to this condition as a pars defect. Workers who repeatedly bend backwards, can get it, as well as a worker who falls onto his or her back, or suffers a heavy blow. Many individuals with spondylolysis will develop spondylolisthesis, which is the forward displacement of a vertebral bone over the vertebrae beneath it.

Wisconsin Pedestrian Right of Way

Wisconsin laws for pedestrian right of way do not by default favor the pedestrian. Every situation is different and a pedestrian must be on constant look out for his or her own safety. After an accident we can look at the facts and apply the law to get a financial recovery for a severely injured pedestrian. Nevertheless, it is better to know the law ahead of time and be prepared. The pedestrian right of way laws in Wisconsin are very specific depending on the circumstances. For civil liability purposes, responsibility for causing an accident is determined under rules of comparative negligence, of which the jury instructions are a part of the equation. The following rules address some bery situations a pedestrian may find him or herself in.

Workers Compensation Spondylolysis Treatment Nonsurgical

Spondylolysis is a crack in the bony ring on the vertebrae, usually in the lumbar or low back spine. With spondylolyis, the bone that protects the spinal cord fractures as a result of a violent traumatic incident or excessive, repeated strain. The area affected is called the pars interarticularis, so doctors sometimes refer to this condition as a pars defect. Workers who repeatedly bend backwards, can get it, as well as someone who falls onto their back or suffers a heavy blow. Many individuals with spondylolysis will develop spondylolisthesis, which is the forward displacement of a vertebral bone over the vertebrae beneath it.

How Much is Workers Comp Settlement Worth

A Wisconsin workers compensation settlement value depends on several factors.  Is the work-related injury conceded or denied? Is the disability a scheduled or nonscheduled injury? McCormick Law Office handles mostly back and neck unscheduled injuries resulting in permanent work restrictions. Our clients usually have lumbar or cervical disc herniations, which can be caused by a traumatic accident or an occupational injury from job duties over time.

MVA Speeding Accidents

In Wisconsin speeding causes car accidents. Since the highway speed limit was raised in 2015, the twelve months ending June 2016 higher speeding limits contributed to increasing fatalities 37% on the interstate, injuries increased 11% and the total number of accidents rose 12%. But other moving related automobile collisions occur as well. Wisconsin law addresses these situations:

Workers Compensation Spondylolysis Diagnosis

Spondylolysis diagnosis begins with a complete history and physical exam. The doctor will ask questions about the worker's symptoms and how the problem is affecting his or her daily activities. It is important that the worker explains how his job duties affect his or her symptoms, if they do. Doctors may suspect if certain activities impact spondylolysis symptoms. The doctor will also want to know what physical positions or activities make the symptoms worse or better.

Wisconsin Mover Workers Compensation Claims

Mover job injuries very often involve low back injuries and to a lesser degree neck injuries. The nature of movers job duties lends itself to both traumatic, single incident work-related injuries and to work-related back conditions from repetitive lifting over time. Although it is rare to encounter an older mover, most movers having left the field long before approaching retirement years. Moving is a physically demanding job, movers must be in good physical condition and able to lift heavy objects repeatedly over periods of many hours.

Workers Compensation Spondylolysis Symptoms

Spondylolysis is an anatomical deficit in the bony ring of the vertebrae on the back of the spinal column. Insurance company doctors, IME, almost always say spondylolysis is congenital and not related to work. Its not that simple and a careful look at all the facts can determine a work-related basis for a workers compensation claim. Spondylolysis may cause workers to feel pain and stiffness in the center of the low back. Extending or bending backward increases pain. Symptoms typically get worse with activity and go away with rest. Doctors refer to this type of back pain as mechanical pain because it most likely comes from excess movement between the vertebrae. 

Traumatic or Occupational Work Accident

For a work accident, what is the difference between a traumatic or occupational workers compensation injury? To receive worker's compensation benefits, an employee must sustain an injury, defined in Wis. Stat. Sec. 102.01(2)(c) as "mental or physical harm to an employee caused by accident or disease ... ." Theoretically, a traumatic injury is a one time acute work-related incident which results in an injury or condition requiring medical treatment and allowing for disability benefits. On the other hand, an occupational injury is a work-related injury or condition that develops over time from job duties or an exposure to conditions at work. However, the lines between the two types of legal causation for a worker's compensation claim can be blurred. For example, a worker may have many, unreported traumatic incidents over time, each of which seriously bothered his low back, but he self-treated or self-limited and kept on working until he could not any longer.

Wisconsin Pedestrian Right of Way Uncontrolled

Unlike some states, in Wisconsin the pedestrian does not always have the right of way. The pedestrian right of way laws in Wisconsin are very specific depending on the circumstances. For civil liability purposes, responsibility for causing an accident is determined under rules of comparative negligence, of which the jury instructions are a part of the equation. The following rules address situations where the pedestrian is not in a crosswalk.

Workers Compensation Spondylolysis Causes

Spondylolysis happens when a crack forms in the bony ring on the back of the spinal column. Workers with spondylolysis may feel pain and stiffness in the center of the low back. Bending fully backward increases pain. Symptoms typically get worse with activity and go away with rest. Doctors refer to this type of back pain as mechanical pain because it most likely comes from excess movement between the vertebrae. Workers may eventually experience pain that radiates down one or both legs. This pain may come from pressure and irritation on the nerves that exit the spinal canal near the fracture. When nerve pressure in the low back causes leg pain, doctors refer it as neurogenic pain.

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McCormick Law Office
829 North Marshall Street
Milwaukee, WI 53202

Toll Free: 877-412-7409
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