Is a joint replacement work-related? If you need a shoulder, hip or knee replacement, you may be wondering if it should be covered by workers’ comp. The first question is whether the condition was caused by your work. In many cases, the answer is a resounding YES. First, if there was a specific injury that caused the damage, and a doctor supports that opinion, the joint replacement is compensable. Even if the joint was already in a bad condition, if a work injury aggravated, accelerated and precipitated the joint’s condition beyond normal progression, the claim is compensable. For example, if ..read more

The College of Workers’ Compensation Lawyers Announces Induction of Charlie Domer as Fellow The College of Workers’ Compensation Lawyers is proud to announce the induction of Charlie Domer of Domer Law as a new Fellow.  Election as a Fellow is the highest recognition of ones colleagues of sustained outstanding performance in the profession, exemplifying integrity, dedication and excellence. The annual installation of Fellows was held March 16, 2024 in Chicago, IL.  The College was established in 2007 and operates as a free standing organization recognizing those who, by long and outs ..read more

Laid off workers with permanent limitations could pursue LOEC News just hit about a large company layoff: Conagra Brands Closing Beaver Dams Facility, more than 250 to Lose Jobs (Journal Sentinel, April 9, 2024).  When a facility shuts down (like the one in Beaver Dam), some workers with previous work injuries may have further claims to pursue. Specifically, if a worker had returned to work with permanent limitations that the employer was accommodating, but then the employer later laid them off, some workers can pursue a loss of earning capacity claim under the Wisconsin Worker’s Com ..read more

Governor Signs Work Comp Advisory Council Bill Governor Tony Evers, on Friday, March 22, 2023, signed a new bill impacting worker’s compensation benefits. The new law (2023 WI Act 213) comes from the Wisconsin worker’s compensation advisory council.  The Council is the group of labor and management members (and insurance industry advisors) that meet and collectively agree to reasoned, vetted, and incremental changes to the worker’s compensation system.  The Council then produces an Agreed-Upon bill to send to the legislature for approval. This process has made Wisconsin a gold standa ..read more

Understanding your rights to fair compensation after a workplace injury is crucial. While trying to recover from an injury (and dealing with the physical pain and psychological stress), workers often find themselves fighting against a complex worker’s compensation system. This blog sheds light on the hurdles you or a loved one might face and how to overcome them. Some common roadblocks After a job-related injury, your financial stability can take a hit due to lost wages. Wisconsin’s workers’ compensation system is supposed to cover about 2/3s of these wages (as a tax free benefit), but sometim ..read more

Once the exclusive purview of the United States Postal Service, private delivery companies have taken over the streets of cities and states throughout the nation. Companies such as Amazon, FedEx, UPS, and other providers have grown in prominence with promises of quick service. However, with growth and success comes staff issues, specifically overworked drivers traveling from house to house. The particularly daunting task considering the holiday season creates pressure to make timely deliveries becomes daunting at best. Overwork sets in, with fatigue following soon after. The convergence increa ..read more

Deciding whether to undergo surgery for a back injury you sustained at work can depend on various factors, including the severity of the injury, the specific condition involved and your overall health. Surgery is usually considered only after more conservative treatments, such as medication and physical therapy, fail. However, sometimes, surgery makes much more sense. For example, if your injury caused you to be constantly in pain and affects your daily living, the pain could indicate something is wrong. In these situations, surgery may be the best option for your recovery. Severe nerve compre ..read more

Every fall, students across Wisconsin return to school. So do the teachers. Though many teachers work throughout the year, the start of the school year can be an exciting time for educators: new students, perhaps a new curriculum and so on. But it can also mean an increased risk of getting injured on the job. To non-teachers, working in a school might not seem very dangerous compared to, say, construction or manufacturing. But you can get hurt doing any kind of job, including teaching. And if it happens to you as a teacher, you could be temporarily disabled and unable to work for a long time ..read more

Workplace injuries are difficult for most families when their primary financial providers are incapacitated and unable to continue working while they recover. However, in some of the most tragic situations, the injuries sustained at work may be deadly, and the worker’s family has no recourse for future earnings to support themselves. In these types of situations, workers’ families can obtain death benefits through the Wisconsin workers’ compensation system. Under this system, there are four types of benefits that are available to the families of workers who died due to a work accident or occup ..read more

Construction work continues to rank high in the category of dangerous jobs. Only transportation and warehousing rank higher in categories for severe injuries and on-the-job fatalities. The National Safety Council found that the industry unfortunately accounted for the most number of deaths since 2012. Steps to take following an on-the-job accident As with any industry, injuries or illnesses suffered while working qualify you for worker’s compensation benefits. While your employer and their insurance carrier must take specific steps post-accident, you also have certain responsibilities, startin ..read more