Worker’s Compensation & Government Benefits

Practicing Attorneys

Work Injury Claim Form — De Pere, WI — One Law Group S.C

You have rights as a person and an employee, but taking legal action against your employer or the government can be an intimidating and emotional proposition. Sometimes, however, you have no other option. If you have a legal dispute related to your employment or government benefits, choose a strong advocate who can bear the burden for you.

The attorneys at One Law Group, S.C. , are experienced advisors when it comes to conflict resolution. Call us at 866-525-5200 for a complimentary consultation.

Workers’ Compensation

When you are trying to recover from an on-the-job injury, some benefits may be available to support you. Through workers’ compensation, you may be entitled to lost wages, medical expenses (which can include travel/mileage), rehabilitation costs, and vocational rehabilitation. While you concentrate on healing, we will take care of filing a claim, meeting required deadlines, and completing the correct forms required by the employer and the insurance company. If you are denied workers’ compensation, we will handle the appeal proceedings.

Social Security

If you are applying for Social Security Disability benefits or have been denied benefits, you know the process can be complicated and often frustrating. Having an attorney on your side with a strong knowledge of how the Social Security Disability claims process works is critical and can significantly improve your chances of getting your case approved in the application stage or at the hearing level. Our attorneys know what it takes to prove to the Social Security Administration that you are legally disabled. We understand Social Security's complex regulations and know how to analyze your case.

Workers’ Compensation Frequently Asked Questions

What is Workers’ Compensation?

The workers’ compensation act provides money and medical benefits to an employee who, as a result of an accident or occupational disease, has been injured on-the-job. Workers’ compensation is designed to protect workers and their dependents against the hardships from injury or death arising out of the work environment. It is intended to benefit the employee and employer alike. The employee receives money (usually on a weekly or biweekly basis) and medical benefits in exchange for forfeiting the common law right to sue the employer. The employer benefits by receiving immunity from court actions against them by the employee in exchange for accepting liability that is limited and determined. The question of negligence or fault is usually not at issue.
What types of injuries or diseases are covered?

Virtually all types of work-related physical injury and industrial illness are covered by worker’s compensation. Very commonly covered conditions include repetitive-stress injuries (RSIs) like carpal tunnel syndrome (CTS), back injuries, traumatic injuries, wounds, or bodily reactions to substances. Many states also cover mental or emotional harm, but the standards for psychological coverage vary greatly from state to state. Pre-existing conditions are generally not covered unless aggravated at work.
How long after an injury do I have to report it to my employer?

Anytime you are injured on-the-job you should immediately report it to your employer. It is best to do this in writing so that both you and the employer have a written record of the accident and subsequent injury.

An injured employee should give notice to the employer within 30 days of any injury. In the case of an occupational disease, the employee should give notice within 30 days of the time the employee knows about the disability and its relation to the employment. If notice is not given within 30 days, it is still possible to give notice any time within two years of the date the injury occurred, the onset of the disease, or the date the worker first realized that such injury or disease was work-related. The two-year limit does not apply if the employer knew or should have known of the injury. The longer you wait to report and injury to your employer, the more risk you may take in the claim being denied.
What types of injuries or diseases are covered?

Virtually all types of work-related physical injury and industrial illness are covered by workers’ compensation. Very commonly covered conditions include repetitive-stress injuries (RSIs) like carpal tunnel syndrome (CTS), back injuries, traumatic injuries, wounds, or bodily reactions to substances. Many states also cover mental or emotional harm, but the standards for psychological coverage vary greatly from state to state. Pre-existing conditions are generally not covered unless aggravated at work.
What should I do if I receive a denial of benefits?

It is not unusual for the insurance company to file a Notice of Denial, indicating that they are disputing your entire claim for benefits or various portions of your claim for requested benefits. If your claim or any request for benefits is denied, the insurer should notify you in writing by filing a Notice of Denial and set forth the reasons your benefits are denied. Sometimes a letter or phone call to the insurer will solve the problem but, if not, you should consider seeing an attorney, if you have not seen one already.
Can I get both Workers' Comp and Social Security Disability?

The short answer is yes; you can receive both Workers’ Compensation and Social Security Disability Insurance (SSDI) benefits if you qualify for both disability benefits and workers' compensation.

They are separate programs. SSDI, which is run by the Social Security Administration (SSA), is a federal program. Workers’ Compensation programs are run by your home state.

If you are unable to work because of a workplace injury or an occupational illness, you may qualify for disability benefits from the Social Security Administration (SSA).

Social Security Frequently Asked Questions

What is Social Security?

The Social Security disability insurance program pays benefits to people (or certain family members) who cannot work due to a medical condition that is expected to last at least one year or result in death. Federal law requires this very strict definition of disability. While some programs give money to people with partial disability or short-term disability, Social Security does not. Social Security pays disability benefits through two programs: The Social Security disability insurance (SSDI) program and the Supplemental Security Income (SSI) program. To qualify for SSDI, you must have worked a certain period of time and paid Social Security taxes. The SSI program is for people that have not worked enough to qualify for the SSDI program and have limited income and resources. The disability definition is the same for both programs.
What is the definition of disability used by Social Security?

Under the Social Security Act, "disability" means "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months." To support a claim for Social Security benefits, a physician would have to state that you have been or are expected to be unable to engage in any substantial gainful activity for a continuous period of at least 12 months.

What if I am unable to work for more than 12 months, but then I am able to return to work?

You may be entitled to a closed period of disability. This means you would be paid for the time you were disabled only. For example, if you undergo two low back surgeries and are kept off of work for 13 months, and then return to work, you would be entitled to a closed period of disability. This potential benefit is often overlooked by many people.
How long do I have to wait after becoming disabled before I can file for Social Security disability benefits?

There is no need to wait. You can file for Social Security disability benefits on the same day you become disabled. Many people make the mistake of waiting months or years after becoming disabled before filing a Social Security disability claim. A person who suffers serious illness or injury and expects to be out of work for a year or more should not delay in filing a claim for Social Security disability benefits.
How do I know if I will qualify to receive Social Security disability benefits?

There is no way to know with 100% certainty whether you will qualify for benefits. However, if you are unable to perform gainful work due to a disability, and/or your disability is included on the SSA List of Impairments, then you may qualify. A knowledgeable attorney will be able to review your claim and provide you with a general idea of how your evidence supports your case. Unfortunately, until your claim has been approved, there are no guarantees.
How much will an attorney cost to represent me?

The attorney fee is regulated by the SS administration and is either 25% of past-due benefits or $6,000, whichever is less. Attorney fees are limited to past-due benefits, and no payment is owed on future benefits. If the case is lost, no attorney fee is owed.