Scott L. Schroeder is an experienced attorney in both employment and workers compensation law.
The benefits that are available to injured workers are minimal. It is important that you know your rights to make sure that you receive the limited benefits under your claim. There is a strong trend for workers' compensation carriers to deny or delay payment on claims. Many employers will simply find a way to get rid of an employee after they sustain a workers comp injury. You may need to consult with an employment law attorney if the employer terminated your employment after a work related injury.
If you are injured at work, you are entitled to benefits.
In Wisconsin employment law, a worker does not have to prove that an injury was caused by the employer. Negligence is not an issue. If your injury is work related, you are entitled to workers' compensation benefits. In general you are entitled to:
- Medical expense, mileage and prescriptions
- TTD, you are entitled to receive two-thirds of your average weekly wage while you recover from your injury. (there is a maximum rate that you can receive)
- PPD permanent partial disability based upon a final permanency report from your doctor. Your doctor will give you a percentage of disability to that part of your body. For example, you may have a 25% disability to your shoulder.
- Wrongful refusal to rehire, the employer must return you to your old job if available.
You have a right to see a physician of your choice.
Employers may trick employees into treating with “the company doctor”. This doctor, who is paid by the company, becomes your treating doctor. The company doctor may have pressures other than your maximum medical recovery in mind. You also have a right to a second medical opinion outside your chain of doctors. The insurance company has the right to send you to a doctor of their choice, called an “independent” medical exam. This exam is not “independent” but rather an exam paid for and prepared under parameters set by the insurance company. You should always consult with an attorney before undergoing an “independent” medical exam.
You do not have to allow a workers’ comp “nurse” to participate or attend your doctor appointments. The first thing that Scott Schroeder does when retained is fire the workers’ comp nurse.