WORKER'S COMPENSATION

  • Workplace accidents
  • Overuse/work exposure injuries (knee, back, shoulder)
  • Permanent disability
  • Loss of earning capacity

Experience First

You have been injured at work and the Worker’s Compensation carrier for your employer has denied the claim. What you need now is an experienced and aggressive Worker’s Compensation attorney who understands both the legal and the medical aspects of your claim. Every attorney at Ehlke, Bero-Lehmann & Lounsbury has such experience. In fact, our attorneys have over 75 years of combined Worker’s Compensation litigation experience.

The Name that Everyone Knows

The attorneys at Ehlke, Bero-Lehmann & Lounsbury are well known throughout Wisconsin. We have handled over one thousand Worker’s Compensation cases over the years, and are frequently asked to lecture on the issues of the Worker’s Compensation Law before Wisconsin workers, insurance adjusters and even other attorneys. Our attorneys are respected and well recognized by both the Worker’s Compensation insurance companies and the Worker’s Compensation Division of the State of Wisconsin.

Defeating the Worker’s Compensation Carrier’s Denial of Your Claim

In order to successfully navigate a Worker’s Compensation claim, a good attorney must be able to combat a myriad of Worker’s Compensation insurer defenses such as: the "pre-existing condition" defense, the “end of healing” defense, the "not work related” defense, or the defense that there was "no specific injury."

The “Pre-existing Condition” Defense

One of the most common reasons that Worker’s Compensation claims are denied by the Worker’s Compensation insurance carrier is that the injury is alleged to be “pre-existing.” Pre-existing conditions are legally considered to be work injuries if the worker’s job duties or work place accident “precipitated, aggravated and accelerated the condition beyond its normal progression.” At Ehlke, Bero-Lehmann & Lounsbury, our lawyers have had considerable success defeating the insurance companies on claims that injuries are pre-existing.

The “End of Healing” Defense

Another common defense used by the Worker’s Compensation carrier is that an injured worker has reached an “end of healing.” Based upon this defense, the Worker’s Compensation carrier stops paying for the injured worker’s medical bills and lost wages. The Worker’s Compensation Law requires the Worker’s Compensation carrier to pay for all medical treatment and lost wages until the injured worker really reaches an “end of healing.” Even after the end of healing, the worker’s compensation carrier is required to continue to pay for any medical treatment that is related to the injury or workplace exposure. The attorneys at Ehlke, Bero-Lehmann & Lounsbury, S.C., know how to work with your doctor to get the Worker’s Compensation insurance carrier to continue to pay your claim.

The “Not Work Related” Defense

Occasionally, a work accident results in a different injury than one might expect. An employee who injuries his knee lifting at work may find that his back becomes a problem after months of disability caused by his knee. The Worker’s Compensation carrier will often deny medical treatment and disability related to the back injury as not related to the worker’s employment. The attorneys at Ehlke, Bero-Lehmann & Lounsbury have seen the Worker’s Compensation carriers use this defense numerous times and know just how to work with your doctor to get the claim paid.

The “No Specific Injury” Defense

Sometimes employees suffer harm not as result of a specific accident, but simply because of the nature of their work: someone who climbs a ladder repeatedly may suffer wear and tear to the knee; a data entry clerk may get carpal tunnel disease; a CNA may have degeneration in the back from years of lifting and moving patients. Workers compensation carriers often respond to these type of claims by alleging that because there was not a specific date of injury the claim didn’t arise out of work. In fact, Wisconsin recognizes these kinds of claims. We give them various names, including “repetitive work injuries” “occupational injuries” and “workplace exposure injuries”. They all mean the same thing: that you were injured from the little things that you do every day. Our attorneys are experienced at bringing these types of claims, and gathering the necessary evidence to prove up the case.

Attorneys to Contact

Colleen Bero-Lehmann | clehmann@ehlkelaw.com | 608-827-9750 | See Colleen's Profile
Katy Lounsbury | klounsbury@ehlkelaw.com | 608-827-9750 (Madison) | 608-328-4300 (Monroe) | See Katy's Profile
Bruce Ehlke | behlke@ehlkelaw.com | 608-827-9750 | See Bruce's Profile

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