Worker's Compensation Law

If you have been injured on the job, or have an occupational disease, you may have questions about Worker's Compensation. It can be difficult to get the answers you need and to know what you should do.  At Fitzgerald & Bomier, we provide answers to all the questions you may have after an injury at work.  We understand that when you are off work, time is of the essence.  Contact us for free legal consultations. All fees are contingent on our office obtaining a recovery of benefits for you.  We know what you are going through and we are here to help.

A few of the ways we can help you with workers' compensation claims are:

  • Contact the Wisconsin Department of Workforce Development when part or all of your claim has been denied.
  • Respond to medical payment requests from doctors, hospitals, and health insurers.
  • Represent you at a Worker's Compensation hearing.
  • File Hearing Applications.
  • Seek responses from the insurance companies when they refuse to timely respond to your calls.
  • Obtain information on benefits that are owed and how they are calculated.
  • Negotiate resolution of medical expenses and disability benefits.
  • Contact your physicians about information the insurance company will need to pay your claim.
  • Assist you with post-injury matters involving re-employment, vocational rehabilitation or re-schooling, and determining your loss of earning capacity.
  • Respond to insurance companies on questions about your accident or injury.

We have the answers to your questions.

Worker's Compensation laws in Wisconsin entitle you to certain benefits when you get injured. These benefits can include payment of medical bills, benefits for lost wages, permanent disability benefits and more. Your employer's Worker's Compensation insurance company is responsible for paying these benefits. However, many times your questions go unanswered. Questions like:

  • What happens if I miss work for this injury?
  • Can I get Workers Comp?
  • How are my weekly disability benefits calculated?
  • How much am I paid for lost wages?
  • Can I receive other disability benefits while receiving Worker's Compensation?
  • What happens to my benefits while I am off work?
  • Is Worker's Compensation taxable?
  • Can I sue my employer for my injury?
  • Can I pick my own doctor?
  • What treatment expenses are covered?
  • What happens if I can't return to my job?
  • Do I have to accept light duty or alternate work offered by my employer?
  • Can my employer fire me?
  • Am I entitled to receive Unemployment Compensation?
  • Do I get paid for a permanent injury?
  • Do I get help finding a new job?

With more than 35 years of legal experience helping injured workers in Wisconsin, we are here to provide you with the legal advice and representation necessary to make sure that you receive all the Worker's Compensation benefits and medical expense coverage to which you are entitled. Our consultations are free and all fees are contingent on our office obtaining a recovery of benefits for you. Here is some basic information you should know:

If you have been injured on the job.

If you are injured while working or develop an occupational disease, you should notify your employer as quickly as possible. Delays in telling your employer about an injury can hinder your claim.

You should promptly seek medical treatment for your injury. Be sure to tell your doctor how your injury occurred... BE SPECIFIC!  After you have received medical treatment, you should notify your employer and tell them about any work restrictions given to you by your doctor. Your employer is then obligated to contact their Worker's Compensation insurance company about your claim. The insurance company will then contact you directly.  If you do not receive contact from the insurance carrier within a reasonable time period after your injury, there may be a problem and you should consult with an attorney.

What to do if your claim is denied.

If some or all of your claim has been denied by the insurance carrier or your employer, Wisconsin law requires that you be notified in writing. The next step is to file an Application for Hearing with the State of Wisconsin Workers Compensation Division. Before filing the Hearing Application, you should consult with an experienced Worker's Compensation attorney who devotes a significant portion of their practice to handling Worker's Compensation claims. At Fitzgerald & Bomier, we provide the necessary guidance to help you with this process. All consultations are free.  You will need to keep accurate information on the treatment recommendations and work restrictions from your doctor, as well as the amount of short-term disability or other benefits you receive while you recover, including any unemployment benefits. It is also important to submit all medical bills you receive to your group health insurance or other coverage you may have for treatment expenses. They may be reimbursed at a later date for any payments they make.

Types of Worker Compensation Benefits available.

The amount and duration of benefits may vary depending on the type and severity of your injury. Generally Worker's Compensation pays, in addition to medical expenses, weekly temporary disability benefits for each week or partial week of missed work. This benefit is paid at 2/3rds of your average weekly wage or salary at the time of your injury. If a permanent injury occurs, then a permanent disability benefit is paid based on a formula outline in the State law. Your doctor is involved in determining the extent of permanent disability that may have occurred. You should feel free to discuss that with your doctor at the time you are released from care. If you are unable to continue your job because of a permanent injury, there are additional benefits paid to you to retrain you for a new job or compensate you for your loss of earning capacity. Finally, for very serious injuries, further compensation is paid to those individuals who can no longer work due to disabilities from the work injury, or for death that may result after an injury.

Wisconsin's system of Worker's Compensation (Workman's Comp) is compulsory, meaning that employers are required to provide Worker's Compensation insurance for their employees. Worker's Compensation insurance may be provided through a private insurance carrier, or employers may self-insure. Waivers are not permitted.

Call Sam or Rachel, or feel free to contact us today. We know what you are going through and we are here to help.




Fitzgerald & Bomier practices in the areas of
Worker's Compensation, Social Security Disability and Employment Law.
Email Attorney Sam Bomier:
Email Attorney Rachel Fitzgerald:
Call our Neenah office (920) 486-1525 or toll-free 1-(800) 928-COMP
Proud to live in and serve our clients in the Fox Valley and Northeast Wisconsin including Appleton, Neenah/Menasha, Kaukauna, Kimberly, Bellevue, De Pere, Green Bay, New London, Oshkosh, Wausau, Shawano, Wisconsin Rapids, Stevens Point, Ashwaubenon, Waupaca, Wrightstown, among many other cities and towns throughout Northeast Wisconsin. Winnebago, Brown, Calumet, Outagamie, Portage, Oconto, Shawano, Marinette, Waushara, Sheboygan, Manitowoc, Door and Waupaca counties.