Workers' Compensation Process Questions

Answering Your Workers’ Compensation Questions

Many injured employees are in a vulnerable position and willing to trust anybody who seems as though they are trying to help them. To add to the difficulty of applying for workers’ compensation, the workers’ compensation process is a challenging one without an experienced attorney to help guide them through this process. In any disputed case, it is usually recommended that an attorney be contacted to assist in the workers’ compensation process in order to receive benefits for lost income and medical bills.

What Your Claim Adjuster May Not Tell You

First and foremost, the insurance company is not working for you. It is a business for profit. It makes a profit by taking in more money in premiums and paying out less money in claims. Your case is a claim.

  • If your adjuster recommends a doctor to perform an independent medical exam (IME), you will be able to make a more informed decision by knowing that most of the time these doctors work for the insurance company, not for you. Do not accept the IME doctor’s decision as final. You are entitled to your own second opinion.
  • If your claim has been denied, you can consult with an experience workers’ compensation attorney and request a hearing.
  • If you have permanent disability and cannot continue working at your job, you have other alternatives such as retraining in school and/or recovering additional loss of earning capacity benefits.
  • If there was an employer safety violation, you may be able to recover additional benefits.
  • At times insurance companies pay incorrect temporary or permanent benefit wage rates.

The complexities involved in serious head, neck or back injury claims are best handled by an experienced workers’ compensation attorney.

What You Should Never Say to an Adjuster

Always tell the truth, but:

  • Do not speculate that a work-related injury or condition may have happened off the job.
  • Do not let your adjuster know that you are desperate for compensation.

Why You Can’t Sue Your Employer

As first enacted in Wisconsin, workers’ compensation laws give the injured worker basic medical and wage replacement benefits without having to prove fault by anyone. The trade-off is that in most cases, injured employees cannot sue their employers in negligence for actual damages.

How Insurance Companies Deny Claims

Chances are that the insurance company hired an “independent medical examiner” who wrote a report in a way that allows the insurance company to legally deny the claim. When this happens, you should consult with an experienced workers’ compensation lawyer.

Contact Us For Additional Information

Since 1982, founding Attorney Dan McCormick has helped clients throughout Milwaukee and Wisconsin obtain financial compensation in the aftermath of a serious personal injury. Take the time to consult with one of our personal injury lawyers who can help resolve your case in an efficient and effective manner.

For a free initial consultation regarding your workers’ compensation process questions/claims or other personal injury claims, please contact the McCormick Law Office at 877-412-7409. Please note: If you are unable to come to us, our lawyers may make home and hospital visits, and they are available after-hours by appointment.