Our experienced trial attorneys aggressively work to get you the results you deserve
When you are injured while performing your job, there is specialized legislation designed to protect you. The Worker's Compensation Act is designed to provide benefits to nearly all employees in Wisconsin who suffer a work-related injury. Unfortunately, many people are routinely denied these benefits. That's where the Workers' Compensation attorneys at Di Renzo & Bomier step in. We help ensure that you receive the benefits to which you are entitled.
At Di Renzo & Bomier, we have experienced trial attorneys who will handle your case from the time of your injury or disability through the settlement process. Our success rate in settling Worker's Compensation cases is outstanding. We work aggressively on your behalf to get you the results you deserve.
Some of the work-related injuries we handle include:
• Head, neck and back injuries
• Carpal tunnel and other repetitive trauma injuries
• Hearing loss
• Certain work-related emotional and stress problems
• Work-induced heart attack or stroke
• Occupational diseases such as asbestos and dermatitis; disfigurement and scarring of the face, neck or hands
• Asthma or other work-related pulmonary conditions
• Injury or loss of use of limbs
• Eye injuries
We go beyond the basics to get qualified clients the additional benefits to which they are entitled, including:
• Compensation for time missed from work
• Payment of all injury-related medical expenses
• Payment of weekly disability benefits while you are recuperating from your injuries
• An additional award if you are permanently disabled
• The right to return to your job after you recover
• Job retraining or benefits for loss of earning capacity if you can't return to work
• Additional compensation for safety violations and permanent physical disfigurement
We help our clients obtain these benefits for all types of work-related injuries and provide assistance on related questions that arise in worker's compensation cases including:
• Were you an employee at the time of the injury?
• Was the injury sustained while you were on the job?
• Was the injury a result of your work activities?
• Did the injury arise out of your work activities?
• What benefits are you entitled to?
• Has the injury caused permanent restrictions or disability?
• Are you entitled to a settlement/payment?
• Should you accept a settlement?
Meghan T. Healy
Jeffrey M. Berzowski
What to do if you're injured on the job
Once all or part of your claim has been denied by the workers' compensation carrier, an application for hearing must be filed with the Department of Workforce Development (DWD) in Madison along with medical proof that you have sustained a work-related injury.
The application contains important information about you and your case and it also requests that the DWD schedule a hearing before an Administrative Law Judge to determine if you have a compensable claim under the workers' compensation law. Typically, it takes between nine and twelve months for a hearing to be scheduled.
When You May Need to Contact an Attorney
When the workers' compensation insurance carrier advises you that your claim has been denied.
If you are fired or not offered work by your employer. Never quit your job!
When your doctor indicates that you can return to work with restrictions and your employer does not offer you work.
When you doctor is ready to discharge you from active care and will only see you on an "as needed" basis.
If your doctor refers you to another doctor or recommends surgery.
If you are working with the Division of Vocational Rehabilitation and your counselor develops an academic retraining program for you.
Do's and Dont's
Do advise your employer of your work status. Ask your doctor for a work status form at each visit and forward it to your employer. If you can return to work in a light duty capacity, you must do so if your employer has work within your restrictions.
Do keep copies of letters, short or long term disability payment stubs, off work or limitation slips, out-of-pocket expense receipts or any other information concerning your case.
Do follow your doctor's treatment recommendations. If you have questions about your medical care, talk to your doctor.
Do be truthful with your doctor or the workers' compensation carrier's doctor. Never mis-state or hide facts about how your accident happened such as whether you had a prior injury or condition or about your symptoms. If you are not truthful, you will lose your case!
Do adhere to your doctor's restrictions! Doing things beyond your restrictions may further aggravate your injury and will likely jeopardize your case. Workers' compensation carriers routinely hire private investigators to watch and video tape injured workers. If you are caught lifting or carrying beyond your restrictions, you will lose your case.
Don't call the DWD or judge about the status of your case or when a hearing is going to be scheduled.
Don't ask for legal advice on your case from the DWD, your doctor, family friends or acquaintances. They are not familiar with the facts or the medical evidence in your case and may give you wrong advice.
Medical Treatment and Bills
You must continue your medical treatment while we wait for a hearing if you have not been discharged from your doctors' care.
If your claim has been denied, it is important that you submit all bills to your group medical insurance. Once there is a denial in your case, no medical expenses will be paid by the workers' compensation carrier. As it may take up to a year to get a hearing and most group medical insurances require that claims be submitted within a year, it is your responsibility to notify your physicians and health care providers that they should bill your group medical insurance. Should you receive any letters from your group medical insurance regarding the payment of claims you've submitted, please notify your attorney at Di Renzo & Bomier immediately.
It is likely that you will incur medical expenses for deductibles, co-pays, or the purchase of prescription medications or appliances ordered by your physician. It is your responsibility to keep track of your out-of-pocket expenses on a form that will be given to you during your first meeting with an attorney from Di Renzo & Bomier. You must keep all receipts or cancelled checks for any payments you have made regarding your injury.
You are also entitled to receive reimbursement for your mileage. You should keep track of your mileage receipts and submit it to the insurance company.
If you are fired or not offered work by your employer, never quit your job!
Social Security Disability and Unemployment Compensation
If your doctor has ordered you off of work for at least 12 months, you may be eligible for social security disability benefits in addition to your workers compensation benefits
If your physician has released you to return to work with temporary or permanent limitations and your employer does not have work available for you or fires you, you may apply for unemployment compensation and call the Division of Vocational Rehabilitation for potential retraining benefits.
Personal Injury or Product Liability
If your injury resulted from the negligence of someone who is not employed by your company or you were injured by a defective machine, you may have a third-party negligence claim or products liability case. Please be advised that this is outside the workers' compensation area of practice but Di Renzo & Bomier has lawyers who specialize in this type of practice. Ask your workers' compensation attorney at Di Renzo & Bomier who they would recommend to assist you. Typically, these types of claims are subject to a 3 year statute of limitations. Although there can be some variability within this time frame, the passage of time may hinder or bar your claim.