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The Place to Go After a Work Injury

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Wisconsin Workers' Compensation Lawyer

If your worker’s compensation claim has been denied, you need a powerful and committed worker’s compensation attorney. Even when your claim has not been denied but you’re faced with long periods of time off work and an uncertain future, we’re knowledgeable and dedicated advocates in protecting your rights. At Kingree Law, we know you don’t want to be dependent on anyone for your living. We believe in helping workers across Wisconsin get the treatment they need, get back to work, and get the benefits they deserve. When a disability is permanent, we’ll help get the support you need to restore or compensate for your loss of earning capacity.

When to Hire an AttorneyWorker’s Compensation Benefits

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A Strong Advocate Standing With You

Attorney Luke Kingree has been a tireless advocate for Wisconsin workers for many years. He is approachable, knowledgeable, skilled and determined to get you the maximum benefits available under the law. He understands the physical, emotional and financial burdens that workplace injuries take on injured workers and is committed to ensuring that your interests are protected. When your benefits have been denied, or when you have a permanent wage loss because of a work injury, Luke can help. If you want someone who listens to you and your concerns and fights for you with tenacity and expertise, call Kingree Law today for a free consultation. You can also contact us by clicking on this link.

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Making the Call

We understand that seeking benefits under the worker’s compensation law can be difficult and unsettling. My staff and I regularly communicate with you and return your calls and emails. Although contesting a worker's compensation denial takes time, we move as quickly as possible.

When you contact us, my staff and I will:

  • Listen to you and take the time to understand your situation
  • We will ask questions and gather the information and documentation we will need to determine whether you have a claim
  • Guide you through the worker’s compensation claims process step-by-step and take all steps necessary to maximize your benefits
  • Help you get the best medical care possible and communicate with your doctors to ensure that your claim is supported by medical information
  • Assist you in filing your initial claim and/or file the paperwork to contest the worker’s comp denial, claiming all the benefits available to you
  • Get expert reports on your permanent medical condition and, when necessary, your loss of earning capacity
  • Submit exhibits that will stand up to any objections from the insurance company lawyer and present the best possible case for the support you deserve
  • Depending on your circumstances settle or try your case to ensure that you receive the best possible result

Answers to Your Top Questions

What is an Independent Medical Exam?

Worker’s compensation insurance carriers often hire “Independent Medical Examiners” or “IME” doctors to review your claim. There is nothing “independent” about those doctors. They are hired guns. When your doctors support the work injury, ongoing treatment, and disability from the work injury, the insurance carrier is obligated by law to provide you with benefits unless they have a contrary opinion from an IME, or another defense. Sometimes the IME doctor will agree with you and your doctors but most of the time they do not.

Many doctors who provide these “independent” medical examinations make a lot of money examining dozens of worker’s compensation claims every month and they want to continue to be hired in this capacity.

If you see an IME doctor, the exam often lasts somewhere between 5 and 15 minutes. Then, later, you get a report about 10-20 pages long talking about how you had a strain or minor injury that resolved within a few weeks, or that you don’t need any more treatment. The IME doctor can also say that your current problems are due to a pre-existing condition that was not aggravated by the work injury, or say that you are no longer disabled due to the work injury.

You may not even see this doctor Instead the doctor may review your records and provide a written opinion on your condition without ever examining you, called an “Independent Record Review” or “Medical Record Review.” The worker’s compensation insurance company can obtain your medical records without an authorization once you claim a work injury (HIPAA privacy laws for medical records don’t apply once you make a claim for worker's compensation).

If your claim has been denied by an IME doctor or a medical record review, contact us right away. The good news is that most worker’s compensation judges know the score on these doctors, although that doesn’t mean you will win. Worker’s compensation judges are administrative judges who cannot take sides - they must preside over hearings for benefits in a fair and impartial manner. To be successful in winning your claim, you will need to present the best possible case against the insurance company - Luke Kingree, with his knowledge of the law and the system, will challenge the results of the IME or medical record review and work with your doctors to ensure that the judge knows the real cause of your injuries.

Can I Appeal a Worker’s Compensation Denial Myself?

When your claim is denied, worker’s compensation insurance carriers often send you a letter stating that if you disagree with their decision you can contact the Department of Workforce Development – Worker’s Compensation Division for information on how to appeal. The letter also says you have the right to apply for a hearing and can contact the Division for a hearing application. Like most legal processes, there are rules and practices that are not apparent in the law or the materials provided to explain the law. To file an effective appeal, you need someone with experience working within the system and knows how the process works.

Filing an appeal on your own is always challenging. You’ll be sent forms and basic information on how to appeal. You will not be given information on how to win your case. You won’t be given answers to questions on your medical treatment, what to do to make ends meet, how to navigate issues with your employer, or what happens after the process is over. Most importantly, you won’t be told how to maximize your benefits or all the benefits that you may be entitled to. You will need an experienced and dedicated Wisconsin worker’s compensation attorney. Contact us to ensure that you receive all the benefits to which you are entitled.

Does My Employer Have to Accommodate My Restrictions?

Your employer must accommodate your temporary or permanent restrictions if they can reasonably do so. Your employer is not required to “make work” for you if none is available. If they do not bring you back to work and you are in the healing period before all your treatment has ended, you are entitled to temporary wage loss benefits. If they do not bring you back to work after you have reached the end of healing and you have permanent restrictions, you may be entitled to more than just the permanent partial disability (PPD) benefits your doctor assigns. You may be entitled to retraining (education) or loss of earning capacity benefits.

If your permanent restrictions cause a wage loss, even if you have returned to work at your employer where you were injured, you may be entitled to retraining (education) or loss of earning capacity benefits. Your employer cannot retaliate against you for claiming these worker’s compensation benefits. Contact us for a better understanding of the benefits that are available to you to minimize the impact of a job-related injury.

My Employer Says I Cannot Return to Work Unless I am “100%” or Have No Restrictions

If your employer refuses to bring you back to work unless you are “100%” or you have no restrictions, what happens next depends on your situation. If your claim has not yet been denied by the worker’s comp insurance carrier, and you are in the healing period still receiving medical treatment for your injury, you should receive a wage loss benefit from the carrier. There is often nothing that a worker’s compensation attorney can do to force the employer to bring you back to work, even if work is available within your restrictions. Your only remedy is the wage loss benefit from the worker’s comp carrier while in the healing period. An employer cannot terminate you for filing for worker’s compensation benefits and if your employment has been terminated contact us right away.

If your worker’s comp claim has been denied, but you are still in the healing period, you won’t receive any wage loss benefit and you will be in a difficult financial position. See the answers to other FAQs here and here. Contact us right away if this occurs. Your claim has been denied and you will need an attorney to fight for your rights and maximize the benefits that you can recover in an appeal.

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What Our Clients Are Saying

“I have been a skilled tradesmen many years and I have seen and also been involved in workplace accidents and injuries. I was injured in 2019 , and I felt bombarded by the employer. From the moment Mr. Kingree took my case I felt professionally and pe…”
– John, ★★★★★ Avvo Review
“I would highly recommend them for any legal assistances. Attorney Luke Kingree and his paralegal Connor helped me with my workers compensation case and couldn’t be happier with all the hard work they put in. They were always available to answer my…”
– Marcie, ★★★★★ Avvo Review
“I enjoyed working with Luke Kingree. Luke is very knowledgeable and was able to answer my questions quickly in explanations that made sense to me. It is easy to get lost in legal verbiage and I was happy to know Luke could make perfect sense of the l…”
– Anonymous, ★★★★★ Avvo Review
“I met with Luke approximately 5 years ago after I was injured at work. After meeting with Luke I retained his services as my Worker’s Comp Attorney. I felt he was very knowledgeable and I felt comfortable when talking with him. He was very help…”
– Victor, ★★★★★ Avvo Review
“Luke and his team represented me in a hearing loss claim. They fought hard, were very professional, and I was pleased with the outcome. I would definitely recommend him.”
– Lymn, ★★★★★ Avvo Review
“I can’t say enough about the level of professionalism that Luke Kingree has provided for me!! Luke has treated me like a real person and friend during my work related injury. He has went above and beyond when it comes getting answers to the questio…”
– Anonymous, ★★★★★ Avvo Review
“Luke Kingree and his staff were extremely professional and courteous while representing me during my worker’s compensation case. I began working with Luke when worker’s compensation had suddenly suspended my benefits leaving me facing maj…”
– Stuart, ★★★★★ Avvo Review
“Luke worked with me to resolve my case in a timely and satisfactory manner. He listened to my frustrations with the insurance company and worked to get me the best settlement possible. He is very professional and there was always good communication b…”
– Lee, ★★★★★ Avvo Review
“Luke Kingree was actually recommended to me by a lawyer from a different law firm who was not comfortable taking on my workman’s comp case. He was extremely professional, knowledgeable, and empathetic. Luke and his staff always kept me in the loop…”
– Beth, ★★★★★ Avvo Review
“If you have been injured on the job, you will need someone in your corner who is looking out for your best interests, not the workers’ compensation providers attorneys. You want an aggressive, experienced attorney with a focus on workers’…”
– Jerilyn, ★★★★★ Avvo Review
“I would have never imagined that I would have needed a workman’s comp attorney after falling and breaking my leg. I was temporarily working in Madison WI at the time but lived out of state. I had been fired and spent 3 days in the hospital befo…”
– Renee, ★★★★★ Avvo Review
“Luke worked closely with me through a long process after I had been crushed by a 2 ton roll of paper. He and his staff were kind and looked out for my needs. Anytime I had a question they were able to answer it. and they worked their hardest to get m…”
– Brian, ★★★★★ Avvo Review
“I hired Luke for a re-training benefits case. He was perfect at communicating, I was always kept in the loop and on top of where we were at with my case. We ultimately settled and I was thrilled with what Luke got. I was ready to settle with the firs…”
– Heather, ★★★★★ Avvo Review
“Attorney Luke Kingree, I like to thank him and recommend him to anyone looking for an extremely knowledgeable, outstanding worker’s compensation lawyer. When he took over my case and called me for the 1st time to introduce himself, he made me f…”
– Ingeborg, ★★★★★ Avvo Review
“Luke represented me in a legal medical case here in Wisconsin. Working with Luke was a pleasure. He is a top notch lawyer, and one that always put my needs and concerns first. Luke was quick to respond to my questions, and did so in a very profession…”
– Roxanne, ★★★★★ Avvo Review
“Luke took my case midway through due to my previous attorney retiring. My first visit, Luke was extremely informative, well prepared, and explained the laws involving my case including applicable penalties I was entitled due to my employers refusal t…”
– Stephanie, ★★★★★ Avvo Review
“I appreciate the outstanding, high quality of service provided by Luke Kingree for doing an exceptional job handling my worker’s compensation claim. Luke; is very polite, helpful, attentive and extremely knowledgeable in his area of expertise.…”
– Chad, ★★★★★ Avvo Review
“Luke Kingree and his team were instrumental in securing an amazing result for my mother-in-law after she sustained an overuse shoulder injury following many years working at a casino. Both my husband and I are attorneys, but after trying to handle th…”
– Jane, 5 Star Review - Google My Business

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