If your claim for worker’s compensation was denied, you need a powerful and committed worker’s compensation attorney on your side. Even if your claim has not been denied but you are faced with long periods off of work and an uncertain future, Kingree Law Firm is a knowledgeable and dedicated advocate dedicated to protecting your rights.
At Kingree Law Firm, we know you don’t want to depend on someone else for your livelihood and are not looking for a handout. We believe in helping workers in Madison, Eau Claire, and 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 you get the support you need to compensate for your loss of earning capacity.
Wherever you work, there is always a risk of being injured. Sadly, a workplace accident or occupational injury can cause serious harm. Your injuries could prevent you from returning to work and significantly reduce your earnings, sometimes for life. Without financial assistance, you might not be able to make ends meet.
Wisconsin worker’s compensation laws protect people who were hurt on the job. But the process of obtaining the benefits you deserve after a workplace injury is not always straightforward. Your benefits may be denied, and even if the worker’s compensation insurance company pays some benefits, they may not pay all of the benefits you are entitled to without a fight.
To begin receiving your worker’s compensation benefits, you will need to submit forms, have appropriate documentation from your doctor, and comply with complex rules and procedures put in place by your employer’s worker’s compensation insurance company and the Wisconsin Department of Workforce Development.
Unfortunately, the insurance company is not on your side, and they don’t want to pay the full amount of your claim. They may try to deny your benefits or not give you full information about the benefits you are entitled to. An experienced worker’s compensation lawyer can evaluate your situation, help you navigate the worker’s compensation process, and fight for the benefits you deserve.
Kingree Law Firm has been helping Wisconsin’s injured workers for years and has grown to become one of Wisconsin’s premier worker’s compensation law firms. Founded by Attorney Luke Kingree, Kingree Law Firm is a voice for injured workers and a strong and tenacious advocate who will work hard to protect your rights and get you the compensation you deserve.
Luke Kingree, the lead attorney at Kingree Law has been recognized as a Wisconsin SuperLawyer and is known as a powerful advocate for injured workers who regularly achieves exceptional results for his clients. Known for their encyclopedic command of Wisconsin worker’s compensation law and their thorough understanding of procedure in Wisconsin worker’s compensation claims, the Wisconsin worker's compensation attorneys at Kingree Law are dedicated advocates for injured workers who knows how to get results.
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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.
We understand that seeking benefits under the worker’s compensation law can be difficult and unsettling. Our worker's compensation lawyer team is responsive to all phone calls and emails with our clients. Although contesting a worker's compensation denial takes time, we move as quickly as possible.
When you contact our workers' comp law firm, my staff and I will:
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.
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.
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.
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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