Generally, if you are injured while you are working your damages are limited to payment for your medical expenses, time off of work and in some situations a future loss of income for permanent partial or total disability. Unfortunately, Wisconsin worker’s compensation does not allow you to recover for pain and suffering nor does it allow your spouse to file a claim for loss of society, companionship, etc. In short, in most cases, your damages are limited to medical expenses and lost income if you are injured on the job.
There is an exception called “third party liability”. This means if someone other than your employer or your co-worker causes the accident, you can recover benefits under worker’s compensation law and damages against the third-party. For example, if you are driving as part of your work and there is a motor vehicle accident caused by another person off of the work site, you can recover worker’s compensation and damages from the other driver. There are many, many other examples but suffice it to say that if your accident and injuries are caused by somebody other than your employer you could have a viable third-party claim which would substantially increase your compensation for your injuries.
These cases are complicated because there is also a formula whereby if you recover worker’s compensation benefits and third-party benefits you have to pay back your employer’s insurance carrier. Also, coordinating both cases to maximize your recovery requires a great deal of knowledge and experience. Generally, having one attorney represent you in both cases can maximize your recovery and generally results in both cases moving forward to conclusion much quicker than if you had two separate attorneys.
I have been representing people injured on the job as well as in third-party liability claims for almost 30 years. I do not represent employers or insurance companies; rather, I represent injured people.
Should you have any questions about your rights whether related to an accident on or off the job please contact me for a no cost, no obligation consultation. I take these cases on a contingency fee basis which means you never owe us for our fees unless and until there is a recovery.
If you have been injured in an accident of any kind in the Madison area call me at (608) 824-9540, in the Baraboo area call me at (608) 356-3961, Statewide at (866) 455-2993, by email at firstname.lastname@example.org or check out our website at https://khtlawyers.com. At Krueger Hernandez & Thompson SC, we listen, we care, we get results!