When should I consult a lawyer for a worker's comp case?

Question

My husband was severely injured at a second job just over a year ago; he is still receiving medical attention. We live in Wisconsin and I consulted an attorney shortly after the accident and was told to wait for a year. What am I waiting for? Bankruptcy?

Anyone that's been through this would be a great asset. Thanks!

Answer 1

I have handled numerous workers comp claims and am uncertain why you sought an attorney.  An attorney is secured if and when the place of employment refuses to pay OR they stopped paying because WI claims the person is no longer eligible although they are. Workers comp is structured in all states and has become much more difficult to attain for long periods of time in the last few years due to so many fraudulent claims (not to say this is your case at all.)  I have no idea why this attorney would tell you to wait a year.  The only thing I can think of based on cases that have come to our law firm is if the prospective client is still unemployed due to the injury and has been unable to return to that line of work and unable to return to even light duty the attorney can file a suit against the company where the client was injured for the loss of past and future wages he/she could have earned.  I hope this helps.

Answer 2

You should have had an attorney from the start.  Forget the one you originally saw and find one that specializes in Workers Comp matters.

Answer 3

in my opinion you have wasted a year -- i would find another lawyer or light a fire under the one you have!!!

Answer 4

Worker's comp is filed at the time of the injury, immediately.  It is filed through the business your husband works for.  It is their responsibility to pay for this.  So you should have called HR in that business.  (retired IBM exec mgr/ many states/ filed workers' comp many times in different states for employees)