Social Security Disability
- Do I have to be completely disabled to qualify?
No, in fact you can work part -time and try to work even when on benefits. You just can't earn more than $980 per month.
- What if I don't appeal a denial on time?
You will have to reapply for a new claim and can potentially lose benefits, unless you can show good cause for not filing the appeal on time.
- Do I have to pay anything to the attorney before being approved?
No, you do not need to pay a retainer or any fees until you are approved for benefits.
- What if the medical condition improves before the hearing?
Then, we can ask for a closed period of disability for the time you were unable to sustain substantial work if the condition lasted at least 12 months. If you are not going to be eligible we will not charge fees since you were not approved but you will be asked to repay expenses incurred such as obtaining medical records.
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Do I need an attorney right away or can I wait until I am denied?
You do not need an attorney to file your claim but it is recommended to get an attorney involved as early as possible in order to obtain the medical evidence necessary and to provide you with the best opportunity to be approved at an early stage without waiting for a hearing.
Workers' Compensation
- What is a work injury?
A work injury is not only a specific accident that happens at work, can also be a medical problem that happens over time as a result of work exposure. Repetitive work can cause and underlying condition to get worse or can create a new problem that would not have needed treatment except for the work exposure.Both kinds of situations can be a work injury.
- What should I do first?
Report your injury or medical problem to your employer. They are required to report it to their insurance company. The insurance company will check with your employer and your doctor to make sure that you truly have a work injury. The insurance company has 14 days to make a decision and let you know if they will accept and pay your claim.
- May I choose my own doctor?
Yes. Wisconsin worker's compensation law says that you have your choice of two medical providers. This may be two medical clinics or a medical clinic and a chiropractic clinic. You do not have to go to a doctor that your employer chooses for you. If you need to see someone at another medical clinic you will need a referral from someone at one of your first two choices.
- Can I go out of the State of Wisconsin for treatment?
Yes, but only with prior approval from the Worker's Compensation Insurance Carrier.
- The insurance company wants to send me to their own doctor for a second opinion. Do I have to go?
Yes, you have to go. The insurance company has a right to send you to their doctor. But you also have the right to rely on the medical advise of your doctor. Insurance companies have a whole list of doctors that will do examinations for them. On some occasions these doctors are hired because the insurance companies believe that they will get a predictable result from their particular doctor. You should know what to expect before you go to an insurance company medical examination. It is always best to consult an attorney before you go to an insurance company evaluation. I have been in the business for over twenty years. I have seen many examinations from many of the same doctors. It may be familiar with the doctor that the insurance company wants you to see.
- What if I can't go back to my regular job?
If your work injury results in permanent limitations that prevents you from doing the work you were able to do before the injury you may be able to retrain for a new type of work. Your worker's compensation insurance company may be responsible to pay for a part of the cost of retraining. However, there are some technical procedures that you must complete before the insurance company will pay for your retraining. You should always contact an attorney before your go back to school or start a retraining program.
- What if I can't go back to school and I really don't want to go back to school?
In some cases if you can not earn as much money as a result of a permanent disability from a job injury, you may be eligible for additional cash benefits. This sort of award is available only for certain types of injuries, usually to the head, neck or back.
- When do I need an attorney?
You should consult an attorney any time that your employer or insurance carrier is not answering your questions for you. You should also consult an attorney before you go to an insurance company medical examination. You will also need an attorney when the insurance company denies you benefits that your doctor says are due to you. Once they decide not to pay a claim many times the only way to make them give you what your doctor says is due to you is to ask for a hearing with the Wisconsin Worker's Compensation Department. Most of the judges will encourage you to get an attorney if you need to go to a hearing.
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What if I can't afford an attorney?
We will review your case at no charge. If it appears that you have a legitimate case, and you hire us to pursue your claims our fee is 20% of any additional disability benefits that we recover for you, plus costs.
Personal or Bodily Injury Cases
- How much will it cost me? No retainer is required. We will advance the expenses necessary to prosecute the claim, and ask that we be reimbursed our of any recovery we obtain. Our fee in personal injury cases is usually a contingent fee, that is, a percentage of the recovery. If we are able to get the case settled without filing a lawsuit, our fee is 25% or ¼ of the recovery. If we file a lawsuit, then our fee percentage is 33.3% or 1/3 of the recovery. Unlike some other attorneys, we don't increase our percentage if the case goes to trial or is appealed. Our fee remains one-third in those instances. If we don't recover anything for you, there is no fee.
- How much is my case worth? We really can't begin to answer that question until we know whether or not the client has any permanent injuries, how those injuries affect the client's activities, the extent of the client's wage loss and medical expenses, whether the client will have future medical expenses. In other words, we need the client to complete medical treatment before we can determine how much a particular case is worth.
- How soon should I consult an attorney? Immediately. Don't give any statements to an insurance company about your injuries or how the accident happened before consulting with a lawyer. Some insurance adjusters will try to put words in your mouth or misinterpret what you say. Also, an experienced attorney can be helpful in finding the appropriate doctor to treat your injuries. Experience personal injury attorneys know who the doctors are that have experience in treating different kinds of injuries, and which doctors will be willing to write a report or testify for their patients. Not all doctors are willing to do that.
- What if the person who injured me doesn't have any insurance? You may still have a claim. You may have a claim against your insurance company through your uninsured motorist coverage. You may also have a claim against some other third party. Consult an experienced personal injury attorney before you give up.
- Will an attorney help me deal with the medical bills? Yes, we will deal with your health insurer, with your auto insurer who should cover some of your medical bills, and with your healthcare providers.
- Can't I settle my case be myself? You can, but it can be risky. First, you probably don't have the experience to properly evaluate your claim. Second, other parties, such as your own auto insurer, and/or your health insurer may have a right to be reimbursed for what they have paid. If you settle with the other party's insurance company, you may have to pay part of that settlement to someone else.
- Am I partially negligent just for being there? No. Even though some insurance adjuster's argue that some people are 10% or more negligent just for being where they were at the time of an accident, that is not the law. There has to be evidence of you being careless for you to be negligent.
