• Skip to primary navigation
  • Skip to main content

Krueger Hernandez & Thompson SCEstate

Attorneys at Law

  • Home
  • Our Firm
    • About Our Firm
    • About The American Academy
    • Attorney and Staff Profiles
    • Communities We Serve
      • Adams County
      • Columbia County
      • Dane County
      • Madison
      • Sauk County
  • Estate Planning
    • Asset Protection & Business Planning
    • ESTATE AND GIFT TAX FIGURES
    • Estate Planning Services
    • Family-Owned Businesses & Farms
    • Incapacity Planning
    • IRA & Retirement Planning
    • Legacy Planning
    • LGBTQ Estate Planning
    • Pet Planning
    • SECURE Act
    • Special Needs Planning
    • Trust Administration & Probate
  • Practice Areas
    • Business Needs
    • Divorce / Family Matters
    • Real Estate
  • Resources
    • Estate Planning Resources
      • Estate Planning Checkup
      • Estate Planning Definitions
      • Estate Planning Reports
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top 10 Estate and Legacy Planning Techniques
    • Frequently Asked Questions
      • Estate Planning FAQ’s
      • Frequently Asked Questions for Families Without an Estate Plan
      • Legacy Wealth Planning FAQ’s
      • LGBTQ Estate Planning Frequently Asked Questions
      • Trust Administration & Probate Frequently Asked Questions
    • LGBTQ Resources
    • Pre Consultation Form
    • Special Needs Resources
    • Trust Administration & Probate Resources
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • The Mourner’s Bill of Rights
      • Trust Administration & Probate Definitions
      • When a Loved One Passes Away With a Trust
      • When a Loved One Passes Away With a Will
  • Testimonials
    • Review us
    • Our Testimonials
  • Blog
  • Contact Us
  • Call Us Today (800) 431-9776
  • ATTEND FREE WEBINAR
    • Medicaid Planning
    • Estate Planning
  • Show Search
Hide Search
Home / Litigation / WISCONSIN WORKER’S COMPENSATION LAW: I INJURED MY BACK AT WORK AND MY DOCTOR GAVE ME A PERMANENCY RATING AND THE INSURANCE COMPANY SENT ME A CHECK, WHAT SHOULD I DO?

WISCONSIN WORKER’S COMPENSATION LAW: I INJURED MY BACK AT WORK AND MY DOCTOR GAVE ME A PERMANENCY RATING AND THE INSURANCE COMPANY SENT ME A CHECK, WHAT SHOULD I DO?

Stephanie Thompson, Estate Planning Attorney of Krueger Hernandez & Thompson SC · Jan 21, 2013 ·

I get calls all of the time telling me that they just received a check from the worker’s compensation insurance company and they are wondering if they should cash it or if they do will they be limited in any further recovery.  Of course, every case is different but in most situations insurance companies send checks on conceded disability claims meaning that you can cash the check and still seek additional benefits.

The real question is what was the basis for the insurance company’s determination of your permanency?  In situations of back injuries it is considered a non-scheduled injury.  This means that you could be entitled to an actual loss of earning capacity which would entitle you to more benefits than the standard formula which just takes the percentage of permanency multiplied by 1,000 weeks times your weekly rate.

For example, if you were injured in 2012 and your doctor gave you a 5% permanent partial disability rating for a back injury you would be entitled to 5% of 1,000 weeks or 50 weeks times your weekly rate of $302 or a total of $15,100.  However, if your job is the type that a 5% permanent partial disability actually results in a 50% loss of earning capacity which sometimes can happen if you cannot return to your old job then you would be entitled to substantially more compensation.  In order to obtain the increased compensation your medical records along with your permanency and your limitations would have to be provided to a vocational expert who would perform the earning capacity evaluation.  Your experienced worker’s compensation attorney would then have to fight for you to convince the insurance company or hearing examiner if it is disputed that you are entitled to this increased compensation.  The benefit to you is that you may need the increased compensation to offset your decreasing wages for the rest of your work life.

Worker’s compensation law in Wisconsin is complicated and requires the services of an experienced worker’s compensation attorney.  We have been representing injured employees for almost three decades and represent these injured workers on a contingency fee basis which means we do not get paid unless and until there is a recovery.

If you have been injured on the job with an injury of any type and have any questions contact me for a no cost, no obligation consultation.  Please call in the Madison area (608) 824-8540, Baraboo area (608) 356-3961 or statewide at (866) 455-2993.  Please feel free to email me at mark@kh-law.net and check out our website at https://khtlawyers.com for more information.

  • Author
  • Recent Posts
Stephanie Thompson, Estate Planning Attorney of Krueger Hernandez & Thompson SC
Stephanie Thompson, Estate Planning Attorney of Krueger Hernandez & Thompson SC
As the owner of Krueger Hernandez & Thompson SC, it is Stephanie’s mission to address each client’s goals for their estate plan. By identifying their wishes and concerns she can educate, guide, and counsel on the different tools and options that will effectively and efficiently accomplish those goals.
Stephanie Thompson, Estate Planning Attorney of Krueger Hernandez & Thompson SC
Latest posts by Stephanie Thompson, Estate Planning Attorney of Krueger Hernandez & Thompson SC (see all)
  • Spring Summit 2022: Celebrating Friendship in the Lone Star State - June 15, 2022
  • What Makes a Will or Trust Invalid - June 2, 2022
  • How Estate Planning Documents Help Prevent Elder Abuse - May 26, 2022

Litigation, Worker's Compensation 2012, back injuries, Baraboo, benefits, Columbia County, conceded disability claims, contingency fee basis, Dane County, doctor, earning capacity, earning capacity evaluation, entitle, free consultation, hearing examiner, injured employees, INJURED MY BACK, insurance company, job, Juneau County, law, law firm, Lawyers, limitations, litigation, Madison, medical records, Middleton, non-scheduled injury, permanency, PERMANENCY RATING, permanent partial disability rating, representation, representing, Sauk County, vocational expert, weekly rate, Wisconsin, Worker's Compensation, worker's compensation attorney, worker's compensation insurance company

Blog subscription

MIDDLETON

8215 Greenway Blvd, Ste. 590
Middleton, WI 53562
United States (US)
Phone: (608) 824-9540
Fax: (608) 824-9140

BARABOO

120 Third Street, Unit A
Baraboo, WI 53913
United States (US)
Phone: (608) 356-3961
Fax: 608-824-9140

By Appointment Only
All Mail Should be Directed to the Middleton Address

Opening hours

Monday7:00 AM - 5:30 PM
Tuesday7:00 AM - 5:30 PM
Wednesday7:00 AM - 5:30 PM
Thursday7:00 AM - 5:30 PM

Map

map for Krueger Hernandez & Thompson SC Estate ofice

  • Facebook
  • LinkedIn
  • Twitter

© 2022 · American Academy of Estate Planning Attorneys, Inc. | Disclaimer | Privacy Policy | Sitemap | Contact Us