Wisconsin Workers Compensation Attorney Blog

Wisconsin man shocked on the job

2012-02-14T22:16:35Z

Generally, the workplace is a pretty safe environment. Nevertheless, accidents can happen. In a recent story, a Wisconsin industrial worker was injured in a mishap in Portage. According to reports, local authorities responded to an emergency call for an industrial accident at Alter Recycling at 300 East Mullett Street.

Sources say that the injured worker, a 32-year-old man from Wisconsin Dells, was an employee for a company that was subcontracted by Alters. The victim's responsibility was to do roof repairs and maintenance. At the time of the accident, he was in the process of being lifted by a sky walk when he made contact with surrounding electrical wires. As a result, the man was shocked.

]]> Reports explain that the man was transported to a local medical center and subsquently taken to the University of Wisconsin Hospital in Madison for treatment.

Because the man was injured on the job, he could potentially file a workers' compensation claim against his employer for any harm sustained. This type of recovery includes all of an injured employee's reasonable medical expenses. The expenses include the costs of transportation to and from treatment.

Workers' compensation also covers part of an employee's weekly wages. Depending on the injuries, benefits may include recovery for a temporary total disability, temporary partial disability, permanent partial disability or permanent total disability.

These types of benefit recovery options are just some of the potential remedies for an injured employee. Hopefully, the Wisconsin worker in this recent tale will look into his various compensation choices. The workers' compensation system can be somewhat confusing. For this reason, if you have been injured in a work-related accident, you may want to speak to a knowledgeable attorney. He or she can fill you in on the types of recovery possibilities.

Source: Channel 3000, "Worker shocked while doing repairs in Portage," Feb. 2, 2012

Wisconsin worker falls to his death at a construction site

2012-02-07T22:16:05Z

The death of a close family member is a distressing event. In such emotional times, it is difficult function. Nevertheless, while you are mourning your loss, there are a number of issues that you have to consider. If a workplace accident or other type of work-related mishap was the cause of your loved one's death, you may have the right to recover workers' compensation death benefits. In a recent story, family members of a late construction worker are facing difficult times as they deal with the loss of their loved one.

According to reports, a 27-year-old man from Racine, Wisconsin, was killed in a construction accident at the Ozaukee County construction site. Sources say that the man fell from the roof of the worksite and died instantly. The accident is under investigation by local authorities and the United States Occupational Safety and Health Administration (OSHA).

]]> The man has a wife and two children. Under Wisconsin law, spouses and dependent children are entitled to death benefits. In the context of this story, the family of the construction worker may have a claim for such compensation. The maximum death benefit for the workers' family would be four times the average weekly wage of the deceased. This benefit is paid monthly and is subject to a statutory limit. Furthermore, funeral expenses are another potential benefit. The burial expense benefit is currently restricted to $10,000.

As family members cope with the loss of a loved one, they deserve to be financially supported. It is difficult to get your life back together after the passing of a primary earner. If you have recently lost a spouse to a construction or work-related accident, you may want speak to an attorney about your various avenues of recovery.

Source: The Journal Times, "Racine County man killed in construction accident to be buried in Mexico," Kristen Zambo, Jan. 29, 2012

Wisconsin factory worker loses thumb

2012-01-31T22:22:01Z

If you cannot work because of a workplace injury or illness, you may be entitled to workers' compensation benefits. You could have injuries that will prevent you from working. In these situations, the stakes are very high. If you do not get workers' compensation benefits, it could make your life extremely difficult. In a recent case, a Wisconsin worker may have a potential workers' compensation claim against a local Eau Claire factory.

According to reports, a factory in Eau Claire is deciding whether to fight multiple federal citations for safety violations. The local factory, Curt Manufacturing, faces a $70,000 fine because an employee's thumb was crushed in an unguarded press brake. Furthermore, the government is proposing another $35,000 in fines for other alleged violations.

]]> According to reports, the Occupational Safety and Health Administration (OSHA) said the injured worker bent a metal part between the unguarded dies of the press brake. The worker's thumb was later amputated. Furthermore, OSHA investigations determined that the company continued to allow employees to use the unguarded machinery after the accident.

The CEO of the company claims that he is committed to worker safety. At the moment, the company is reviewing the citations. In response to the allegations, the company can pay the fines, challenge the citations or seek a conference with OSHA. Nevertheless, according to the agency, the company has a "complete lack of regard for employees' safety and health."

In the context of this story, if the injured employee is impaired from the accident and unable to return to work, the worker may receive benefits during the recovery period. This is because workers' compensation covers all of an injured worker's reasonable and necessary medical expenses. These expenses include the costs of transportation to and from the hospital or treatment. For this reason, if you have suffered from a recent work-related injury, you may want to speak to an attorney about your various avenues of recovery.

Source: Pierce County Herald, "Eau Claire factory mulling whether to challenge OSHA fines," Jan. 19, 2012

OSHA hits Wisconsin plant with 11 violations after worker loses arm

2012-01-23T21:42:51Z

Meat processor Jennie-O Turkey Store Inc. could face up to $318,000 in fines after the Occupational Safety and Health Administration issued 11 safety violations to the company's Barron, Wisconsin, slaughterhouse. A workplace injury in which a plant employee had his arm amputated just below the shoulder triggered the proposed fine.

According to an OSHA spokeswoman, on July 20, 2011, the worker was cleaning a confined tunnel in which birds are brought in to be stunned with carbon dioxide before being attached to a nearby shackle line as part of the slaughter process.

]]> The shackle line was operative while the man worked, and his arm became caught in it, cutting it off. There was nobody and no safety equipment nearby, and the severely injured man had to walk down 25 steps and a total of 200 feet to get medical attention, OSHA said.

OSHA officials investigated the Wisconsin plant following the injury. As a result of the investigation, the agency issued 11 safety violations against the company. These included four "willful" violations, or violations committed intentionally or with obvious indifference to employee safety. Among the willful violations Jennie-O is accused of committing is failure to ensure power to the shackle line was cut off prior to the worker entering the carbon dioxide tunnel. There were also seven "serious" violations that triggered smaller fine recommendations.

Jennie-O said it was working on a response to the proposed fine. The company has the right to contest the violations or request a conference with the area OSHA director.

Source: Milwaukee Journal Sentinel, "OSHA seeks fines from turkey processor," Rick Romell, Jan. 23, 2012

Injured construction worker 1st to get new hand prosthetic

2012-01-17T18:23:16Z

A Wisconsin man recently became the first civilian in the U.S. to be fitted with a new type of prosthetic hand that, in a sense, reads his mind to move the thumb and allow him to grip things. The man described the device as "so much like a human hand," and said it is allowing him greater independence at any time since he lost part of his left arm in a construction accident in 2006.

It was in May of that year that the accident occurred. The man, who lives in Medford, Wisconsin, was working at a construction site when he tried to pull a piece of rebar from concrete that was being crushed by a machine. His arm became caught and drawn into the machine, where it was badly injured. He managed to pull himself free but he was bleeding heavily.

]]> Doctors were forced to amputate the man's left arm just below the elbow. He was given a mechanical prosthetic three months later, but the accident left him unable to work and live as independently as before. As he put it, everyday tasks like tying his shoes and grabbing his eyeglasses from his nightstand became difficult.

Later, he was fitted with electric prosthetics that made life somewhat easier. The devices read muscle movements in his upper arm to guess what the man wanted to do and moved the "hand" accordingly. Then, on Jan. 12, the prosthetics company he works with fitted him with a "Michelangelo Hand," a German device that involves a moveable opposable thumb. Besides 10 injured U.S. soldiers, the man is the first person in the country to receive a Michelangelo Hand.

"This is unlike anything I've ever used," the man said.

Source: KARE-TV, "Wisconsin man is first to get new bionic hand," Boua Xiong, Jan. 12, 2012

Injured worker not allowed new doctor due to state regulation

2012-01-12T21:21:23Z

The vast majority of people who are receiving workers' compensation benefits are doing all they can to improve their health so they can get back to work. Usually, this involves regular doctor's visits so the physician can recommend treatments to improve the patient's work-related injury or illness. Without medical assistance, it can be difficult for the injured worker to rehabilitate him- or herself.

So it likely would be frustrating when you are unable to visit a doctor because the state workers' compensation commission says you can't. That is what happened to a woman who injured her knee on the job.

]]> The woman had requested a change of physician and the state commission allowed her to see a new doctor. Then her new physician died. The worker alerted the commission and asked for another new doctor.

The problem is that, in the state where the woman lives, people receiving workers' compensation benefits are allowed to make only change of doctor. So now the woman is left without any medical care for her knee injury. Her attorney described the situation as "workers' comp limbo per se" and said there were more than 100 people in the state in a similar situation due to the state law.

A letter from the commission told the woman that the government body was "constrained by the law." But in an interview, the commission's executive officer sympathized with the woman's plight. He said he hoped to reach an agreement soon, but said it would take three to six months to clear up the bureaucratic snafu.

Source: THV-TV, "Workers' Comp won't allow woman a new doctor, even after hers dies," Matt Buhrman, Jan. 11, 2012

Wisconsin company fined for workplace violations

2012-01-12T21:10:36Z

An excavating company in Wisconsin was recently cited by the Occupational Safety and Health Administration for failing to protect workers from trench cave-ins at a job site in Madison, Wisconsin. Proposed fines are expected to be $64,450.

OSHA became a federal law in 1970 to protect workers from work-place accidents. Gone unchecked, this could have resulted in a possible workers' compensation claim. According to OSHA's area director, "OSHA is committed to protecting workers, especially when employers fail to do so."

]]> Now the question is how do workers protect themselves even with government oversight? In general, workers need to take an active role if they are injured on the job. If you are injured on the job and are going to be evaluated by an independent medical examiner, or if your injuries may prevent you from ever working again, it's important for you to seek an attorney that specializes in worker's compensation claims. An attorney can help you navigate the complicated claim process and can review medical evidence, build a strong case and help you get the benefits you need for your particular situation.

It's fortunate that in this recent Wisconsin case OSHA was able to step in before anyone got hurt. Their inspection found a violation in failing to provide cave-in protection to workers installing sewer lines in a trench approximately 6 feet deep, the second violation was for failing to provide a person to inspect the trench's protective system to prevent cave-in hazards. This particular company has been cited in the past for this same violation.

Source: Occupational Health & Safety, "OSHA unearths trenching hazards at Wisconsin worksite," Jan. 8, 2012

Workers' compensation recipients back to work faster in Wisconsin

2011-12-31T23:22:41Z

The stumbling American economy has adversely affected injured workers. It is more difficult for injured workers to return to work now, according to a study performed by the Workers' Compensation Research Institute (WCRI). The report was issued in late November by the Cambridge, Massachusetts-based institute. According to the study, Pennsylvania and Wisconsin are deemed to have higher rates of injured workers returning to work than other states.

In today's climate of high unemployment, injured workers find it more difficult to return to work, leading to more people requiring workers' compensation disability benefits for a longer period of time. Moreover, when injured workers do return to work, it is more challenging to find jobs with modified duties that would allow them to ease back in to work while they recover from their disability. Employers are reluctant to lay off another employee in order to bring back an injured worker on light duty, particularly when there are concerns the employee may be susceptible to further disability issues.

]]> WCRI, a non-profit organization, has been the catalyst for many workers' compensation reforms in Wisconsin and across the country. The current economic climate has created a situation where employees feel the need to return to work as soon as possible, despite their disability because they are worried about losing their job entirely. Nevertheless, many injured workers still find it difficult to get the benefits to which they ought to be entitled. Any Wisconsin residents struggling to get the benefits they deserve should know that there are legal channels available that can help. It can be tricky to file claims and navigate the system, but there is help available.

Source: Business Insurance, "Ailing economy hurts return-to-work efforts for injured employees: Analysis," Sheena Harrison, Dec. 1, 2011

Employee injured in crane accident at Port of Milwaukee

2011-12-22T03:26:35Z

A man working at the Port of Milwaukee recently hurt his shoulder and elbow after falling from a crane, according to news reports. Milwaukee firefighters responded to the workplace accident and managed to rescue the man shortly after the accident occurred by sliding him down a ladder on a stretcher. Investigators are trying to determine whether the windy weather was a factor in the accident.

The accident reportedly took place on Nov. 29 at about 8:55 a.m. The 45-year-old man who sustained the workplace injuries was working with another employee to move a crane from Terminal 2 to Terminal 3 on the property. However, to move the crane, a vertical part of the crane called the boom had to be lowered.

]]> According to a Port of Milwaukee spokesperson, while the two were adjusting the crane so that they could lower the boom, a piece of equipment caught the 45-year-old man. He was knocked off an elevated platform on the crane to a part of the crane below. He reportedly fell about eight feet to the crane's bottom part.

About 20 minutes after the accident, the man was rescued by firefighters and transported to a nearby hospital. The injuries to his shoulder and elbow could prevent him from returning to work anytime soon. In his situation, he may benefit from applying for workers' compensation benefits. These benefits are often available to Milwaukee employees who are injured during the course of their employment, and the benefits may also be able to cover his medical expenses in addition to any lost wages.

Source: TMJ4, "Injured worker rescued after crane accident at Port of Milwaukee," Jay Sorgi, Nov. 29, 2011

Industrial accident leaves one dead, one critically injured

2011-12-16T16:25:35Z

It is a tragedy whenever an industrial accident takes a life. No one should have to make the ultimate sacrifice just for doing their job. Yet, workplace accidents take place everyday across the nation and Wisconsin is no exception. Such was the case recently when one worker was killed and another critically injured while mixing varies chemical compounds.

The accident took place a Dodge County manufacturing plant. The two workers were overcome by chemical fumes which left a 55-year-old man dead and a 65-year-old man with serious injuries. The injured man was listed in critical condition but was able to breathe and is making progress toward recovery.

]]> According to the local sheriff, the elder man's wife found the two men at around 3:45 in the afternoon. Both were unconscious. The men had been mixing two or three compounds when they were apparently affected by fumes. The exact name of the chemicals was not released. A hazmat team decontaminated the numerous first responders who had arrived at the plant, due to the unknown nature of the chemicals.

In Wisconsin, as elsewhere, safety regulations are in place to protect workers against workplace accidents. These regulations, whether they are state or federal, are to be followed by employers. This is not something that employers can choose to obey or not. Proper safety equipment, including breathing apparatuses, is required in work environments such as this one, in order to protect workers from tragedies like this. Additionally, virtually all chemicals that are used in manufacturing should be clearly labeled as to how to use or mix them with precautions as to what not to mix them with. It's possible that in this case those instructions were ignored. Until investigators have made their assessments of the incident, it is unknown exactly what lead to this workplace accident.

Source: The Gazette Extra, "1 dead in manufacturing accident," Nov. 28, 2011

Workplace injury at new medical clinic

2011-12-11T12:32:07Z

Wisconsin residents that are injured on the job are entitled to compensation for injuries or pain and suffering as the result of an accident on the job. Whether or not those injuries actually occur in the state of your residence is not relevant for workers' compensation claims, so long as the accident occurs on the job. Two Wisconsin men have recently suffered injuries in a workplace accident in Michigan that will make them eligible for workers' compensation.

Whether or not it was irony that the accident occurred at the site of a new medical clinic may never be known. However the accident did occur at the construction site of a new clinic being built next to a hospital in Iron Mountain. Reports from fire officials state that multiple trusses at the construction site collapsed during the afternoon hours.

]]> Two workers were injured after falling from the structures that collapsed. Although the names of the injured workers have not been released, authorities have verified that the two workers were employed by two different Wisconsin companies. The extent of the injuries from the workplace accident was not provided at the time of initial news reports, and the accident remains under investigation.

Making claims for workers' compensation can be a lengthy and frustrating process. Sometimes, workers' compensation claims are denied at first claim as a matter of standard procedure. Workers who are not aware of their rights may get lost in this frustrating process and not receive all of the compensation they are entitled to. As soon as an injury or illness occurs on the job, workers are advised to consult with a workers' compensation attorney who can initiate the claims progression for them and alleviate the stress and frustration from the workers' compensation process.

Source: The Pierce County Herald, "Two workers from Wisconsin companies hurt in UP construction accident," Nov. 16, 2011

Workers' Compensation services most costly in Wisconsin

2011-12-04T18:29:50Z

According to a study by the Workers Compensation Research Institute called the "Medical Price Index for Workers' Compensation (MPI-WC)," the price for non-hospital services for injured workers rendered in Wisconsin during 2010 was higher than each of the other 25 states studied. It was also more than twice the price of the median cost for workers' comp across all states studied. The costs were nearly 50 percent more than the median of the six states that have no fee schedule.

The study covers nine years of price statistics. Over those nine years, the prices in Wisconsin were not only the highest but also the most rapidly rising, showing an increase of 42 percent. That is a much greater increase than the median growth rate, which is 11 percent in the states that have fee schedules and 28 percent in the states without fee schedules.

]]> The study recorded medical prices paid for non-hospital services such as surgery, radiology and pain management billed by physicians as well as by chiropractors and physical therapists. The study covered from 2002 through June 2010, and included emergency care. These states comprise more than three-quarters of the workers' compensation benefits paid in the country.

The Workers' Compensation Research Institute is an independent, not-for-profit research organization based in Cambridge, Massachusetts. The research has been a driving force behind many improvements in the Workers' Compensation program in the United States and around the world. Despite the efforts of the Institute, many injured workers still struggle to get the kind of Workers' Compensation benefits for which they are entitled. Wisconsin residents who have encountered difficulties with their Workers' Compensation benefits may gain by conferring with a lawyer experienced in the relevant law and procedure. They can help injured workers file timely claims, navigate the system and obtain the relief they deserve.

Source: Yahoo! News, "Wisconsin's Workers' Compensation System Had the Highest Prices and Fastest Growth in WCRI's Medical Price Index," Nov. 11, 2011

Agency releases workplace accident report on death of electrician

2011-11-26T16:51:01Z

Last July, an electrician with the University of Wisconsin in Madison died after working on repairs in the Humanities building. Shortly thereafter, the Wisconsin Department of Safety and Professional Services launched an investigation into the workplace accident, the results of which were made available last month. The report revealed that the university had violated no less than three safety codes that were believed to have contributed to the tragedy.

The electrician was repairing equipment in the attic of Mills Concert Hall in the Humanities building when he was electrocuted. Unfortunately, his death may have been preventable. For one, the report found that the university last provided training four years ago on how to deal with unexpected startup or energizing of equipment. For another, the university had not completed workplace hazard assessments.

]]> The report also found that the man was not wearing electrically insulated gloves that he had been issued. It is possible that without proper training and enforcement through his employer that the worker did not fully understand the ramifications and importance of the safety equipment that was issued to him. Anyone can issue equipment, but if the workers do not completely understand the safety measures the equipment can provide, it really doesn't provide the full scope of available precautions.

Workplaces have a duty to provide reasonably safe working conditions for their employees. Part of providing safe working conditions is ensuring that all employees receive proper training either from their employer or from some other licensed professional.

Here, the family of the University of Wisconsin electrician may be eligible to receive workers' compensation to cover their medical and funeral expenses in addition to lost wages. In fact, any employee injured in any workplace accident in Wisconsin is usually able to apply for workers' compensation. To assist with the proper and timely filing of the forms, the aid of an experienced attorney may prove invaluable. Moreover, the attorney may be able to help with obtaining the maximum amount of compensation available.

Source: The Daily Cardinal, "Electrician safety revised," Nov. 2, 2011

Workplace accident involves landscaper at University of Wisconsin

2011-11-20T13:56:10Z

Whether the place of employment is a coal mine or an air-conditioned office in Wisconsin, workplace accidents can be a common occurrence. That is why workers' compensation is so important. Employees should rest easy knowing that if they are ever injured on the job, they will not have to fall into dire financial straits. Often times, workers' compensation is available regardless of the reason behind the accident, whether it is due to the employer or employee's error. This reassurance encourages employees to focus on regaining their health, instead of jumping back into work before they are ready.

This past October, a landscaper was injured when he lost control of his vehicle. According to the employee's recount of the incident, what appears to have happened is that he was unable to bring the truck to a halt after it began rolling down a hill. The truck was loaded with sod at the time it started rolling. With the vehicle weighing approximately 26,000 pounds, it stands to reason that the man was unable to physically stop the truck. The man was injured when the truck came to rest at a light pole and the man was sandwiched between the pole and the truck.

]]> The employee suffered multiple broken bones. He was taken to the hospital and was required to spend the night for observation.

The accident took place at the University of Wisconsin. The employee worked as a landscaping contractor for the school. The Wisconsin State Patrol inspected the vehicle, but could not find any defect and did not suspect foul play.

Source: The Downtown Madison, "Landscaper Injured While Trying To Stop Runaway Truck," Scott Beedy, Nov. 1, 2011

Welcome to our Milwaukee, Wisconsin, Workers' Compensation Lawyer Blog

2011-11-14T22:34:24Z

When you have been hurt on the job and need to seek workers' compensation benefits, an experienced lawyer can be of great assistance and can help you protect your rights. The workers' compensation laws in Wisconsin can be confusing and intimidating. In most instances, without competent legal counsel, your legitimate claims will be initially denied and can be denied on appeal. You want an attorney who understands the law and the process, who has helped others in similar circumstances, and who works with you to identify your options and helps you make the right decisions.

At the Ward Law Firm, we assist clients throughout Milwaukee and Waukesha who have been injured in the workplace and need to pursue a claim for workers' compensation benefits. We bring more than 28 years of experience to injured workers. We have a comprehensive understanding of the workers' compensation system and know the steps necessary to get the financial benefits you need. We know how to quickly determine the next step in your workers' compensation case.

Attorney Robert T. Ward has been listed among the Best Lawyers in America and has been named a Wisconsin Super Lawyer every year since 2005.

Our workers' compensation law blog

We established this blog to provide valuable information to individuals throughout Milwaukee and the surrounding communities who need knowledgeable and experienced counsel to pursue workers' compensation benefits. We will regularly update this blog, posting on a wide range of workers' compensation topics, including construction accidents, industrial worker accidents, workplace injuries and workplace accidents.

We welcome your participation in the discussions on this blog. Feel free to comment on posts that interest you.

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