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		<title>Wisconsin Workers' Compensation Experts - Published by Domer Law</title>
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			<item>
				<title>What to do if your occupational disease claim is denied</title>
				<link>https://www.domerlaw.com/blog/2024/09/what-to-do-if-your-occupational-disease-claim-is-denied/</link>
								<pubDate>Thu, 26 Sep 2024 09:00:24 +0000</pubDate>
				<dc:creator><![CDATA[rajayogan.s@thomsonreuters.com]]></dc:creator>
						<category><![CDATA[Work Injury]]></category>
		<category><![CDATA[Workers' Compensation]]></category>
		<category><![CDATA[Workplace Injuries]]></category>
				
				<guid isPermaLink="false">https://www.domerlaw.com/?p=54715</guid>
									<description><![CDATA[<p>Understanding the complexities of workers&#8217; compensation claims can be challenging, especially concerning occupational diseases. If you file a claim for an occupational disease in Wisconsin and receive a denial, it is essential to understand that while disappointing, it is not the end of the road. There are steps you can take to seek the benefits you deserve. What is an&#8230;</p>
<p>The post <a href="https://www.domerlaw.com/blog/2024/09/what-to-do-if-your-occupational-disease-claim-is-denied/" data-wpel-link="internal">What to do if your occupational disease claim is denied</a> first appeared on <a href="https://www.domerlaw.com" data-wpel-link="internal">Domer Law, S.C.</a>.</p>]]></description>
																<content:encoded><![CDATA[Understanding the complexities of workers&#8217; compensation claims can be challenging, especially concerning occupational diseases. If you file a claim for an occupational disease in Wisconsin and receive a denial, it is essential to understand that while disappointing, it is not the end of the road. There are steps you can take to seek the benefits you deserve.
What is an occupational disease?
An occupational disease is a health condition that develops due to a work-related activity or environment.
For example, common occupational diseases include:

Respiratory illness due to inhalation of toxic chemicals
Strains due to repetitive physical activity
Illness caused by exposure to hazardous materials

When you file a claim for an occupational disease, you must show a clear connection between the work you do at your job and the illness, which can sometimes lead to disputes and the denial of valid claims. Consulting with a workers&#8217; compensation attorney can be essential in these cases.
Reason your claim was denied
The first thing to consider is the reason why your claim was denied. The same letter that tells you your claim was denied should tell you why. Reasons for denial of these claims include:

You did not submit enough medical evidence linking your condition to your work.
You did not submit your claim within the allowed timeframe.
The insurer thinks a pre-existing condition unrelated to your job is what&#8217;s causing your condition.
Wisconsin&#8217;s workers&#8217; compensation laws do not cover the illness or condition.

What to do after receiving a denial
If your claim is denied, read the letter carefully several times to understand the basis of the denial. If possible, contact a workers&#8217; compensation attorney who can guide you and could potentially help you appeal the denial.
If your claim was denied due to insufficient medical evidence, consider gathering additional medical information, including medical records from office visits, opinions from medical experts, and reports concerning workplace safety.
Filing an appeal
In Wisconsin, you can appeal a denied workers&#8217; compensation claim. To do so, it is advisable to seek legal assistance. However, that is not a requirement. Appealing your denial involves filing a request for a hearing with the Wisconsin Department of Workforce Development within 30 days of your claim being denied.
Workers&#8217; compensation appeals can be complicated to handle. Understanding why your claim is denied is the first step in seeking a reconsideration of your claim. Due to their complex nature, it is always preferable to have an experienced workers&#8217; compensation attorney represent you.
&nbsp;The post What to do if your occupational disease claim is denied first appeared on Domer Law, S.C..]]></content:encoded>
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				<title>Continually Falling: Work Comp Insurance Premiums for Employers Drop for Ninth Year in a Row</title>
				<link>https://www.domerlaw.com/blog/2024/08/continually-falling-work-comp-insurance-premiums-for-employers-drop-for-ninth-year-in-a-row/</link>
								<pubDate>Thu, 22 Aug 2024 13:45:09 +0000</pubDate>
				<dc:creator><![CDATA[Charlie Domer]]></dc:creator>
						<category><![CDATA[Advisory Council]]></category>
		<category><![CDATA[Insurance Rates]]></category>
		<category><![CDATA[Workers' Compensation - News]]></category>
		<category><![CDATA[Work Comp News]]></category>
		<category><![CDATA[Work Comp Rates]]></category>
		<category><![CDATA[Worker's Compensation]]></category>
				
				<guid isPermaLink="false">https://www.domerlaw.com/?p=54704</guid>
									<description><![CDATA[<p>WC Rates Continue to Fall Wisconsin employers again will be paying less for worker&#8217;s compensation insurance going forward. In a continuing trend that has now become commonplace, this marks the ninth year in a row that work comp rates for employers has decreased. Virtually all Wisconsin employers are required to carry worker&#8217;s compensation insurance to protect workers in the event of&#8230;</p>
<p>The post <a href="https://www.domerlaw.com/blog/2024/08/continually-falling-work-comp-insurance-premiums-for-employers-drop-for-ninth-year-in-a-row/" data-wpel-link="internal">Continually Falling: Work Comp Insurance Premiums for Employers Drop for Ninth Year in a Row</a> first appeared on <a href="https://www.domerlaw.com" data-wpel-link="internal">Domer Law, S.C.</a>.</p>]]></description>
																<content:encoded><![CDATA[WC Rates Continue to Fall
Wisconsin employers again will be paying less for worker&#8217;s compensation insurance going forward. In a continuing trend that has now become commonplace, this marks the ninth year in a row that work comp rates for employers has decreased. Virtually all Wisconsin employers are required to carry worker&#8217;s compensation insurance to protect workers in the event of workplace accidents or diseases, and the cost of obtaining that insurance continues to go down each and every year&#8211;suggesting the continual health of the work comp system in our state!
In a news release from the Wisconsin Department of Workforce Development (DWD), Wisconsin employers on average will pay 10.5% less in work comp premiums beginning Oct 1st (and the DWD indicates this will save about $206 million over the next year). For some historical context, the rates have decreased as follows:

3.19% in 2016
8.46% in 2017
6.03% in 2018
8.84% in 2019
0.93% in 2020
5.44% in 2021
8.47% in 2022
8.4% in 2023
10.5% in 2024

That marks over a 60% decrease in 9 years!  As such, Wisconsin employers would be well-advised to avoid complaints about the costs of work comp insurance rates or the price of work comp claims in light of these declining rates.
Legislative Impact
Moreover, the precipitous decline in insurance rates suggest there is limited need to change the law with respect to a &#8220;medical fee schedule&#8221; in Wisconsin.  In recent years, business interests continually press the Advisory Council and legislature to implement caps or cost control on the cost of medical procedures for work comp claims.  In all instances, those legislative attempts have failed, in large part due to the interests of the medical community. The ever-declining insurance premium rates certainly undercuts any argument that there is runaway cost issue within the work comp system that requires addressing.The post Continually Falling: Work Comp Insurance Premiums for Employers Drop for Ninth Year in a Row first appeared on Domer Law, S.C..]]></content:encoded>
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				<title>Does workers’ comp in Wisconsin cover occupational diseases?</title>
				<link>https://www.domerlaw.com/blog/2024/08/does-workers-comp-in-wisconsin-cover-occupational-diseases/</link>
								<pubDate>Mon, 05 Aug 2024 05:23:58 +0000</pubDate>
				<dc:creator><![CDATA[rajayogan.s@thomsonreuters.com]]></dc:creator>
						<category><![CDATA[Workers' Compensation]]></category>
				
				<guid isPermaLink="false">https://www.domerlaw.com/?p=54691</guid>
									<description><![CDATA[<p>When people think about workers’ compensation, they usually associate it with traumatic injuries. However, all workers should know that illnesses related to their employment are also covered. If you get sick because of your job, you can file a claim for benefits. Workers’ compensation is often crucial for individuals and families to make ends meet until they can return to&#8230;</p>
<p>The post <a href="https://www.domerlaw.com/blog/2024/08/does-workers-comp-in-wisconsin-cover-occupational-diseases/" data-wpel-link="internal">Does workers’ comp in Wisconsin cover occupational diseases?</a> first appeared on <a href="https://www.domerlaw.com" data-wpel-link="internal">Domer Law, S.C.</a>.</p>]]></description>
																<content:encoded><![CDATA[When people think about workers’ compensation, they usually associate it with traumatic injuries. However, all workers should know that illnesses related to their employment are also covered.
If you get sick because of your job, you can file a claim for benefits. Workers’ compensation is often crucial for individuals and families to make ends meet until they can return to work.
Types of occupational illness covered
Workers’ comp covers many types of occupational illnesses in Wisconsin. Here are some examples:

Respiratory diseases like asthma or chronic bronchitis from exposure to dust or chemicals
Skin diseases like dermatitis from contact with harmful substances
Hearing loss from constant exposure to loud noise
Repetitive strain injuries like carpal tunnel syndrome
Infectious diseases like tuberculosis for healthcare workers
Cancer from exposure to carcinogens like asbestos or benzene

Workers’ comp benefits cover medical expenses, lost wages and rehabilitation costs. Payments replace roughly two-thirds of your average weekly paycheck. Getting prompt medical attention as soon as your condition becomes evident, following medical instructions and retaining all medical records and expenses is essential.
How do I ensure that I get the benefits I deserve?
While workers’ comp covers 98% of Wisconsin workers, self-insured employers or their insurance companies pay benefits. These entities often seek to deny claims or reduce benefits to protect their own bottom lines. That’s why meeting all requirements for filing a claim is critical.
Consulting an experienced workers’ comp lawyer can help protect your rights. An attorney can guide you through the claims process, gather the necessary evidence and represent you if they deny your claim. Attorneys can also negotiate settlements and ensure that you receive all the benefits you deserve.
Remember, understanding your rights and the types of illnesses covered can make a big difference in your workers’ comp claim and your future physical and financial well-being.The post Does workers’ comp in Wisconsin cover occupational diseases? first appeared on Domer Law, S.C..]]></content:encoded>
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				<title>Headaches at construction sites: What does a head injury really cost?</title>
				<link>https://www.domerlaw.com/blog/2024/08/headaches-at-construction-sites-what-does-a-head-injury-really-cost/</link>
								<pubDate>Fri, 02 Aug 2024 15:36:04 +0000</pubDate>
				<dc:creator><![CDATA[sarah.vanderbosch@thomsonreuters.com]]></dc:creator>
						<category><![CDATA[Traumatic Brain Injury]]></category>
				
				<guid isPermaLink="false">https://www.domerlaw.com/?p=54693</guid>
									<description><![CDATA[<p>Few professions are more physically demanding than that of a construction worker. These workers put their bodies on the line to help build everything from interstates to some of the largest buildings in the world. Such work is clearly important, rewarding, and economically beneficial, but construction work is not without risks. This is part of the reason for the workers’&#8230;</p>
<p>The post <a href="https://www.domerlaw.com/blog/2024/08/headaches-at-construction-sites-what-does-a-head-injury-really-cost/" data-wpel-link="internal">Headaches at construction sites: What does a head injury really cost?</a> first appeared on <a href="https://www.domerlaw.com" data-wpel-link="internal">Domer Law, S.C.</a>.</p>]]></description>
																<content:encoded><![CDATA[Few professions are more physically demanding than that of a construction worker. These workers put their bodies on the line to help build everything from interstates to some of the largest buildings in the world. Such work is clearly important, rewarding, and economically beneficial, but construction work is not without risks.
This is part of the reason for the workers’ compensation system. Lawmakers designed this system to provide workers, like hardworking construction workers, with a relatively easy way to receive compensation and payment of their medical bills if injured while on-the-job. Worker’s compensation provides a way to help balance out the risks that come with this type of physical and risky job.
Some claims for workers’ compensation are easier to navigate than others. One part of the issue can be the type of injury. Certain injuries can be relatively straight forward, like a broken bone, but others are more complicated, like traumatic head injuries. The less straight forward the injury, the more difficult it is to navigate the workers’ compensation system. Having a basic understanding of the common causes, impact, and cost of head injuries can help those who need to navigate this process increase their odds of a successful outcome.
What are some common causes of head injuries for construction workers?
Head injuries are a serious risk for construction workers, potentially leading to long-term health issues or even life-threatening conditions. Head injuries in the construction industry can occur due to a variety of incidents. Recognizing these common causes can help workers and employers take preventive measures to reduce the risk of accidents.
Typical scenarios that lead to head injuries include:

Falling objects striking the head.
Falls from heights where workers strike their heads.
Accidental head contact with fixed objects or equipment.
Vehicle accidents, with whiplash-type injuries.
Trip and fall where a worker strikes their head.

This list underscores the myriad dangers present at construction sites and the importance of constant vigilance and adherence to safety protocols. Many worksites require the use of helmets to help mitigate the risk of a serious head injury. The science behind the use of helmets continues to evolve.
What is the impact of a head injury on the construction worker’s life?
The consequences of head injuries can be severe and life-altering and can include:

Concussions or traumatic brain injuries, which can have lasting cognitive effects.
Chronic headaches/migraine conditions.
Psychological impact from the accident, including diagnoses of Post-Traumatic Stress Disorder; Anxiety Disorder; or Major Depressive Disorder.
Skull fractures, which may require surgical intervention.
Long-term disabilities (vertigo, cognitive impairment, headaches, etc.) that could affect the ability to work or perform daily activities.

These outcomes can have significant impact on the injured worker’s finances. In addition to the cost of treatment, the worker will likely miss work during the recovery and rehabilitation process (and worker’s compensation in Wisconsin pays 2/3 or a worker’s pre-injury wages when in a healing period). Head injuries do not have a consistent healing period—many workers take a lengthy period of time to get achieve some semblance or recovery. It is wise to seek legal counsel to help to better ensure that those who find themselves in this situation get the compensation they deserve to help find their financial footing during this difficult time.
How can I better ensure I get the compensation I deserve after a head injury while working construction?
Those who suffer a head injury while working a construction site are wise to report the injury to your employer as soon as possible and seek immediate medical attention to document the injury and begin treatment.
It is also wise to consult with an attorney experienced in this niche area of law to guide you through the claim process.
Head injuries at construction sites pose a significant risk. By staying informed about the causes and impacts of head injuries and knowing the steps to take following an accident, workers can better navigate the complexities of workers’ compensation claims.The post Headaches at construction sites: What does a head injury really cost? first appeared on Domer Law, S.C..]]></content:encoded>
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				<title>From painful pounding to prosthetic parts: Repetitive work and the risk of joint replacement</title>
				<link>https://www.domerlaw.com/blog/2024/05/from-painful-pounding-to-prosthetic-parts-repetitive-work-and-the-risk-of-joint-replacement/</link>
								<pubDate>Fri, 31 May 2024 04:32:04 +0000</pubDate>
				<dc:creator><![CDATA[Charlie Domer]]></dc:creator>
						<category><![CDATA[Joint Replacements]]></category>
				
				<guid isPermaLink="false">https://www.domerlaw.com/?p=54658</guid>
									<description><![CDATA[<p>Our bodies are marvels of engineering, but even the most impressive machines succumb to wear and tear with constant use. For individuals whose jobs involve repetitive movements that strain the same joints day in and day out, the risk of needing a joint replacement becomes a looming concern. Let&#8217;s explore the connection between repetitive work activities and the potential need&#8230;</p>
<p>The post <a href="https://www.domerlaw.com/blog/2024/05/from-painful-pounding-to-prosthetic-parts-repetitive-work-and-the-risk-of-joint-replacement/" data-wpel-link="internal">From painful pounding to prosthetic parts: Repetitive work and the risk of joint replacement</a> first appeared on <a href="https://www.domerlaw.com" data-wpel-link="internal">Domer Law, S.C.</a>.</p>]]></description>
																<content:encoded><![CDATA[Our bodies are marvels of engineering, but even the most impressive machines succumb to wear and tear with constant use. For individuals whose jobs involve repetitive movements that strain the same joints day in and day out, the risk of needing a joint replacement becomes a looming concern. Let&#8217;s explore the connection between repetitive work activities and the potential need for joint replacements.
The delicate dance of joints: When movement becomes mayhem
The human body relies on a symphony of smoothly functioning joints for mobility. These intricate structures, where bones meet, are cushioned by cartilage – a remarkable material that absorbs shock and allows for pain-free movement. However, repetitive stress on these joints, especially when combined with improper form or heavy lifting, can wreak havoc on the cartilage over time.
Here&#8217;s how repetitive work activities can turn your joints from silent partners to screaming saboteurs:

Cartilage calamity: Constant strain on the same joints can lead to the gradual breakdown of cartilage. This translates to pain, stiffness and inflammation – early warning signs of joint degeneration.
Microscopic mayhem: Jobs that involve repeated forceful movements or awkward postures can inflict tiny tears in the cartilage and surrounding tissues. These micro-injuries, if left unaddressed, can snowball into more significant damage down the line.
Injury invitation: Repetitive movements can fatigue the muscles that support your joints. Weakened muscles make you more susceptible to acute injuries like sprains or tears, further accelerating joint degeneration.

While some professions inherently carry a higher risk, anyone who performs repetitive motions with their joints is susceptible to long-term damage. Here are some examples of occupations where joint health takes a beating:

Warehouse worker wear and tear: Fast-paced, repetitive stocking, shelving, and packing can place a strain and cause permanent damage to joints.
Construction crew conundrum: Carrying heavy materials, climbing ladders and using power tools like jackhammers all put immense stress on knees, backs and shoulders.
Assembly line agony: Repetitive motions like lifting, reaching and twisting can strain the shoulders, elbows and wrists of assembly line workers.
Factory follies: Operating machinery or performing physically demanding tasks on production lines can impact various joints depending on the specific job.
Hospital harms: Nurses, CNAs, and all types of medical professionals can experience repetitive job duties and strains when performing their daily activities.

When these injuries go unresolved, it can shorten your career and limit your ability to enjoy life after you’ve moved on to another job.
Fighting back: Tips to protect your joints and avoid prosthetic woes
So, what can you do if your job involves repetitive movements? Don&#8217;t despair.! Here are some tips to minimize your risk of joint problems and potentially avoid a future filled with artificial parts:

Posture power: Always prioritize proper posture and body mechanics when lifting, bending or performing any physical task. A little focus on form can go a long way.
Break time blitz: Avoid prolonged periods in the same position. Get up and move around regularly to improve circulation and reduce stress on your joints. Take frequent breaks – your body (and your boss) will thank you!
Muscle matters: Stronger muscles can better support your joints and absorb some of the impact from repetitive movements. Strengthening exercises are your friends!
Body wisdom: Listen to your body&#8217;s signals. Pay attention to any pain or discomfort in your joints. Don&#8217;t ignore the warnings – take a break, stretch or consult a doctor if necessary. Early intervention is key.

By understanding the link between repetitive work and joint health, you can take proactive steps to protect your joints and maintain an active lifestyle for years to come. Remember, a few simple changes to your work routine and a focus on preventative measures can significantly reduce your risk of needing a joint replacement. Keep your joints happy, and they&#8217;ll keep you moving for a long time.
Work-related Joint Replacements
Different than one-time traumatic events, if a worker&#8217;s job duties over time play a role in the need for medical care, the worker can pursue a worker&#8217;s compensation claim. This is especially true if the repetitive job duties result in the need for a knee replacement, a hip replacement, or a shoulder replacement. An experienced work comp attorney makes sense.The post From painful pounding to prosthetic parts: Repetitive work and the risk of joint replacement first appeared on Domer Law, S.C..]]></content:encoded>
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				<title>What are my options if I injure my back while working at a construction site?</title>
				<link>https://www.domerlaw.com/blog/2024/05/what-are-my-options-if-i-injure-my-back-while-working-at-a-construction-site/</link>
								<pubDate>Wed, 15 May 2024 23:31:37 +0000</pubDate>
				<dc:creator><![CDATA[olivia.francisco@thomsonreuters.com]]></dc:creator>
						<category><![CDATA[Back and neck injuries]]></category>
				
				<guid isPermaLink="false">https://www.domerlaw.com/?p=54619</guid>
									<description><![CDATA[<p>For many workers, construction is a fulfilling and lucrative field of work. Some are called to this profession to work with their hands and have the reward of seeing a project to completion while others may follow in the footsteps of mentors and loved ones. Whatever brought you to this line of work, you likely know that there are many&#8230;</p>
<p>The post <a href="https://www.domerlaw.com/blog/2024/05/what-are-my-options-if-i-injure-my-back-while-working-at-a-construction-site/" data-wpel-link="internal">What are my options if I injure my back while working at a construction site?</a> first appeared on <a href="https://www.domerlaw.com" data-wpel-link="internal">Domer Law, S.C.</a>.</p>]]></description>
																<content:encoded><![CDATA[For many workers, construction is a fulfilling and lucrative field of work. Some are called to this profession to work with their hands and have the reward of seeing a project to completion while others may follow in the footsteps of mentors and loved ones. Whatever brought you to this line of work, you likely know that there are many hazards that come with the job. These hazards can lead to serious injuries.
One of the more common types of injuries in this line of work are back injuries.
The U.S. Bureau of Labor Statistics reports that back injuries and musculoskeletal disorders from overexertion, repetitive motion, lifting, reaching, twisting, or falls are the most common cause of workplace injury. With this in mind, it is no surprise that accidents at a job site can result in significant back injuries, ranging from strains and sprains to fractures and spinal cord damage.
A serious injury can impact a worker’s ability to earn a living and perform daily activities. Those who find themselves injured after an accident at a construction site likely have questions.
What are usual treatments for back injuries after a construction accident?
It is important for a worker to seek medical attention after a back injury. Common treatments may include medication for pain management, physical therapy, chiropractic case, injections, and in severe cases, surgery. Workers with back injuries also often need diagnostic testing (like MRIs, CT scans, or EMG nerve tests) to assess the severity of the problem. Rehabilitation is often necessary to regain strength and mobility, and may be a lengthy process depending on the severity of the injury.
Who pays for treatment?
Workers injured while on-the-job often qualify for workers’ compensation benefits. To qualify, the worker must promptly report the injury to their employer and follow the prescribed medical treatment, documenting all visits and care received. The injured worker will need to navigate the workers’ compensation system to get their entitled benefits. This will include gathering documentation to support the claim and filling out related paperwork.
If a worker has to undergo epidural injections, nerve blocks, radiofrequency ablations, laminectomy surgeries, or spine fusion surgeries, they may be off work for a lengthy period of time.  A worker is entitled to 2/3 of their wages (tax free) during any week they are off work recovering from a work injury or exposure.
Permanent back injuries
Back injuries in the construction industry are serious and can have long-lasting effects. If a back injury results in permanent work restrictions that do not allow a return to the construction field, a worker can pursue a loss of earning capacity claim.  For example, if an injured housing construction laborer has a two-level back fusion with a permanent lifting limit of only up to 20 pounds, that worker may not be able to return to their career—a devastating impact on their long-term finances.  In these situations, a worker at least has the ability to get a loss of earning capacity award under the Wisconsin worker’s compensation law.
Should you suffer a back injury on the job, consider consulting with an attorney to help guide you through the process of securing the benefits you need for your recovery and well-being.
&nbsp;The post What are my options if I injure my back while working at a construction site? first appeared on Domer Law, S.C..]]></content:encoded>
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				<title>Can my workers’ comp claim cover my mental health needs?</title>
				<link>https://www.domerlaw.com/blog/2024/05/can-my-workers-comp-claim-cover-my-mental-health-needs/</link>
								<pubDate>Wed, 15 May 2024 23:22:10 +0000</pubDate>
				<dc:creator><![CDATA[olivia.francisco@thomsonreuters.com]]></dc:creator>
						<category><![CDATA[Psychological Injury]]></category>
				
				<guid isPermaLink="false">https://www.domerlaw.com/?p=54617</guid>
									<description><![CDATA[<p>Recovering from a workplace injury requires more than just healing physical injuries. These accidents can also impact the workers’ mental health. It is not uncommon for physical injuries at work to lead to psychological conditions such as depression, anxiety, or post-traumatic stress disorder (PTSD). If a healthcare professional deems psychological care necessary due to a work-related physical injury, Wisconsin’s workers’&#8230;</p>
<p>The post <a href="https://www.domerlaw.com/blog/2024/05/can-my-workers-comp-claim-cover-my-mental-health-needs/" data-wpel-link="internal">Can my workers’ comp claim cover my mental health needs?</a> first appeared on <a href="https://www.domerlaw.com" data-wpel-link="internal">Domer Law, S.C.</a>.</p>]]></description>
																<content:encoded><![CDATA[Recovering from a workplace injury requires more than just healing physical injuries. These accidents can also impact the workers’ mental health. It is not uncommon for physical injuries at work to lead to psychological conditions such as depression, anxiety, or post-traumatic stress disorder (PTSD). If a healthcare professional deems psychological care necessary due to a work-related physical injury, Wisconsin’s workers’ compensation system may cover the costs for such treatment.
How does an injured worker claim psychological care benefits?
After sustaining a physical workplace injury, employees should report the incident to their employer as soon as possible and seek professional medical attention. When recovering from the effects of the injury, if the employee is experiencing mental stress, psychological care may be necessary.  The employee may need to undergo an evaluation by a licensed psychologist or psychiatrist to support the claim for workers’ compensation benefits if the treating physician recommends psychological care.  While occasionally difficult to get timely appointments with mental health professionals in Wisconsin, a worker suffering mental stress from the effects of a physical work injury needs to push to obtain the appropriate and needed mental health care.
It is helpful to have copies of medical records and other paperwork to support the claim.
Is care for mental health worth it?
Psychological care is an important part of recovery from workplace injuries. Taking this step is not only good for the victim, but also the employer. Recent research shows that addressing mental health needs after a workplace accident can decrease recovery time. This can mean a quicker recovery for the worker, which is best for all involved.
In Wisconsin, workers’ compensation laws are in place to support employees on this journey. Remember, psychological well-being is just as important as physical health, and the law is there to protect your rights. If you are dealing with a workplace injury that has impacted your psychological health, do not hesitate to seek professional advice to guide you through the process.
Permanent psychological injury
Following a physical work injury, if a worker has a permanent psychological condition (like severe PTSD) that results in permanent work restrictions, the worker may pursue a loss of earning capacity claim. For example, if a worker suffered a traumatic hand amputation at work or a chemical burn, they may have a permanent psychological limitation that does not allow them to return to certain types of employments (like a factory or machine setting). In these circumstances, a worker can pursue a loss of earning capacity claim due to the impact of the psychological injury on their long-term career.
Non-traumatic mental injury claims
In huge contrast to psychological conditions stemming from a physical workplace injury, a very different (and much more difficult) standard applies if a worker is claiming a mental stress claim due to their job duties or experiences at work. For example, many workers experience mental stress due to harassing bosses, excessive workloads, or bullying co-workers. Police officers and firefighters also experience incredibly stressful situations in their line of duty. These claims, unfortunately, are very difficult to win in Wisconsin worker’s compensation.
To prevail on a mental stress claim in Wisconsin, a worker has to prove they were exposed to extraordinary stress beyond what similarly situated co-workers experience. (This is known as the School Dist No. 1 standard–stemming from a 1974 Wisconsin Supreme Court decision). This is an objective standard, judged not by what the specific worker experienced, but based on what other workers in that same field would normally have to experience. For example, dealing with harassing supervisors and extreme workloads generally does not meet the standard. Workers should still consult with an experienced worker’s compensation attorney, but candid advice is needed when discussing the chances for success in a mental stress only claim.
For a small slice of workers (police officer and firefighters), the law was changed in 2021 to provide work comp benefits if suffering from PTSD from their job duties. The law eased the legal standard and allowed public safety officers greater opportunities to receive needed mental health care under the work comp law.The post Can my workers’ comp claim cover my mental health needs? first appeared on Domer Law, S.C..]]></content:encoded>
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				<title>What workers’ compensation benefits could I get if I need a joint replacement?</title>
				<link>https://www.domerlaw.com/blog/2024/04/what-workers-compensation-benefits-could-i-get-if-i-need-a-joint-replacement/</link>
								<pubDate>Thu, 11 Apr 2024 05:00:45 +0000</pubDate>
				<dc:creator><![CDATA[Charlie Domer]]></dc:creator>
						<category><![CDATA[Joint Replacements]]></category>
		<category><![CDATA[Workers' Compensation]]></category>
				
				<guid isPermaLink="false">https://www.domerlaw.com/?p=54600</guid>
									<description><![CDATA[<p>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&#8230;</p>
<p>The post <a href="https://www.domerlaw.com/blog/2024/04/what-workers-compensation-benefits-could-i-get-if-i-need-a-joint-replacement/" data-wpel-link="internal">What workers’ compensation benefits could I get if I need a joint replacement?</a> first appeared on <a href="https://www.domerlaw.com" data-wpel-link="internal">Domer Law, S.C.</a>.</p>]]></description>
																<content:encoded><![CDATA[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&#8217;s condition beyond normal progression, the claim is compensable. For example, if a worker already had an arthritic knee condition (and might have needed a knee replacement at some point in their life), if a work causes the worker to need a knee replacement sooner than they otherwise would have needed it (and a doctor supports that theory), the knee replacement can be claimed as work-related. Workers with &#8220;bad&#8221; or arthritic joints should be well aware of this possibility.
Additionally, repetitive stress may be responsible for the injury. If a worker&#8217;s work activities worsened an existing condition, they can pursue a work comp claim for the joint replacement. In these cases, it is very important to talk to a doctor about the specific job duties. For example, explain to the doctor how long your did a specific job, the types of movements, awkward movements, the bending/twisting/crouching, etc.
What types of benefits can I get for a work-related joint replacement?
Workers&#8217; compensation benefits for work-related joint conditions typically include:

Medical expenses: If you have suffered a joint injury, you may be entitled to have your medical expenses covered by workers&#8217; compensation. This can include doctor visits, surgical costs, physical therapy, medication, and any other treatment related to your joint injury.
Wage replacement: When you are off work related to your joint replacement surgery, you may be eligible to receive wage replacement benefits. These benefits typically cover a portion (2/3) of your lost wages while you are unable to work due to your injury.  This benefit is tax free.
Permanent disability benefits: If your joint injury results in a permanent disability that affects your ability to work, you may be entitled to permanent disability benefits. These benefits are an assessment of how &#8220;wrecked&#8221; your joint is, and it is assigned by the treating doctor (usually the surgeon).  As explained below, the PPD can carry a high dollar value.
Vocational rehabilitation: If your joint injury prevents you from returning to your previous job, you may be eligible for vocational rehabilitation services. These services can help you train for a new job or career that is suitable for your injury.

If your joint condition was caused by your work, you could be entitled to all of these benefits. If work merely exacerbated an existing condition, you might receive only a portion of these benefits.
Joint replacements are &#8220;worth&#8221; significant dollar values (for permanent partial disability benefits).
“Permanent partial disability” (PPD) means a doctor indicates that you have a permanent disability to the body part impacted by the work injury. The amount of benefits you could receive depends on several disabling factors, including pain levels, consistency of pain, range of motion limitations, loss of strength, activity limitations, soreness, etc.
Significantly, Wisconsin law holds that a worker who has a work-related joint replacement gets a minimum PPD for having the joint replacement surgery. The minimum PPD carries a significant dollar value for the injured worker! Specifically:

Hip replacement: 40% permanent partial disability. As of today, that 40% PPD is &#8220;worth&#8221;, 200 weeks of PPD benefits for the hip at the current rate of $438/wk, totaling $87,600 for the injured worker.
Knee replacement: minimum 50% permanent partial disability. As of today, that 50% PPD is &#8220;worth&#8221;, 215.50 weeks of PPD benefits for the knee at the current rate of $438/wk, totaling $93,075 for the injured worker.
Shoulder replacement: minimum 50% permanent partial disability. As of today, that 50% PPD is &#8220;worth&#8221;, 250 weeks of PPD benefits for the knee at the current rate of $438/wk, totaling $109,500 for the injured worker.

Also, if a worker has to undergo an additional joint replacement from the same injury, the minimum PPD is &#8220;stacked&#8221; together for a total PPD (Attorney Charlie Domer was involved in an appeals case that supported this decision). For example, if a worker has two (2) knee replacements from the same injury, the PPD is 100% for the knee (totaling $186,150 for a current injury!)
Check with a work comp attorney to see if your replacement surgery is work-related
The question of whether your joint condition was caused by your work is central to whether you would be entitled to workers’ comp benefits. It’s a good idea to talk to an experienced workers’ comp lawyer who has handled joint replacement claims in the past.The post What workers’ compensation benefits could I get if I need a joint replacement? first appeared on Domer Law, S.C..]]></content:encoded>
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				<title>Charlie Domer Inducted to College of Workers’ Compensation Lawyers as Fellow!</title>
				<link>https://www.domerlaw.com/blog/2024/04/charlie-domer-inducted-to-college-of-workers-compensation-lawyers-as-fellow/</link>
								<pubDate>Wed, 10 Apr 2024 14:00:07 +0000</pubDate>
				<dc:creator><![CDATA[Charlie Domer]]></dc:creator>
						<category><![CDATA[Firm News]]></category>
		<category><![CDATA[Workers' Compensation - News]]></category>
		<category><![CDATA[Best Workers' Compensation Firm]]></category>
		<category><![CDATA[Charlie Domer]]></category>
		<category><![CDATA[Domer Law]]></category>
		<category><![CDATA[Domer Law Recognition]]></category>
		<category><![CDATA[Work Comp News]]></category>
		<category><![CDATA[Worker's Compensation]]></category>
				
				<guid isPermaLink="false">https://www.domerlaw.com/?p=54602</guid>
									<description><![CDATA[<p>The College of Workers&#8217; Compensation Lawyers Announces Induction of Charlie Domer as Fellow The College of Workers&#8217; 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&#8230;</p>
<p>The post <a href="https://www.domerlaw.com/blog/2024/04/charlie-domer-inducted-to-college-of-workers-compensation-lawyers-as-fellow/" data-wpel-link="internal">Charlie Domer Inducted to College of Workers’ Compensation Lawyers as Fellow!</a> first appeared on <a href="https://www.domerlaw.com" data-wpel-link="internal">Domer Law, S.C.</a>.</p>]]></description>
																<content:encoded><![CDATA[The College of Workers&#8217; Compensation Lawyers Announces Induction of Charlie Domer as Fellow
The College of Workers&#8217; 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 outstanding service, have distinguished themselves as leaders in the field.
Congratulations, Charlie, from your team at Domer Law!
The post Charlie Domer Inducted to College of Workers’ Compensation Lawyers as Fellow! first appeared on Domer Law, S.C..]]></content:encoded>
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				<title>Laid off worker?: Pursue loss of earning capacity work comp claim?</title>
				<link>https://www.domerlaw.com/blog/2024/04/laid-off-worker-pursue-loss-of-earning-capacity-work-comp-claim/</link>
								<pubDate>Tue, 09 Apr 2024 18:23:43 +0000</pubDate>
				<dc:creator><![CDATA[Charlie Domer]]></dc:creator>
						<category><![CDATA[Back and neck injuries]]></category>
		<category><![CDATA[Injuries]]></category>
		<category><![CDATA[Loss of Earning Capacity]]></category>
		<category><![CDATA[Types Of Injuries]]></category>
		<category><![CDATA[Workers' Compensation]]></category>
		<category><![CDATA[Workers' Compensation - News]]></category>
		<category><![CDATA[Manufacturing industry]]></category>
		<category><![CDATA[Work Comp News]]></category>
		<category><![CDATA[Work Injury]]></category>
				
				<guid isPermaLink="false">https://www.domerlaw.com/?p=54610</guid>
									<description><![CDATA[<p>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&#8230;</p>
<p>The post <a href="https://www.domerlaw.com/blog/2024/04/laid-off-worker-pursue-loss-of-earning-capacity-work-comp-claim/" data-wpel-link="internal">Laid off worker?: Pursue loss of earning capacity work comp claim?</a> first appeared on <a href="https://www.domerlaw.com" data-wpel-link="internal">Domer Law, S.C.</a>.</p>]]></description>
																<content:encoded><![CDATA[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&#8217;s Compensation law.  A loss of earning capacity is a comparison to what a worker could make before a work injury to what a worker can make in the open labor market with limitations&#8211;usually a decreased hourly rate or salary.  These claims can be very important for a recently laid off worker.
Under Wisconsin law, a LOEC case can be pursued by workers with permanent limitations to their head, spine, neck, back, or certain psychological injuries.  If an injured worker had a permanent limitation to one of these body parts and then loses their accommodated position, a LOEC case is very important.The post Laid off worker?: Pursue loss of earning capacity work comp claim? first appeared on Domer Law, S.C..]]></content:encoded>
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