Monika Hartl
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Understanding A Disputed Worker’s Compensation Claim – Milwaukee Compensation Attorney

If you have suffered an injury while working or as a result of work, it is crucial to understand what can happen when you file a worker’s compensation claim. A Milwaukee compensation attorney can help guide you through the process and help you fight for your benefits.

A Milwaukee compensation attorney is essential in helping you fight for compensation you deserve if you have been injured in a work-related accident.

When dealing with a disputed claim, there are obviously additional steps than if you had a regular claim and this type usually take longer to resolve.

First an injured worker has twelve years from the date of last compensation to file with the Workers Compensation Division in Wisconsin for a formal hearing before an Administrative Law Judge, or an ALJ. An attempt is made to avoid a formal hearing through informal mediation in situations where an attorney is not involved or in some cases when an attorney has been retained.

Next, hearings are assigned to an ALJ. They are usually held in the municipality where the applicant resides. When the date is set, all parties involved are informed of the details of the hearing.

After that, a hearing is held and evidence is presented from both sides. Most likely, the dispute will be settled by one hearing.  According to the Wisconsin Department of Workforce Development, about 66 percent of all claims are settled without a formal trial. A decision is usually rendered within 90 days of the hearing, but many are issued in less than 50 days.

Within 21 days, either party may file a petition for review with the Labor Industry Review Commission. Within 30 days after an LIRC decision, either party may begin action in the circuit court of their county.

If the process continues, within 45 or 90 days, depending when the notice of entry of judgment is served, either party may file an appeal with the Court of Appeals. Finally, if the case is still not settled and the parties continue, within 30 days after the Court of Appeals decision, either party may file a petition for review with the Wisconsin Supreme Court.

It is imperative to work through this process with a qualified Milwaukee compensation attorney. Call today for your free, initial consultation.

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Wisconsin Workers
Compensation Law Offices

P.O. Box 106
Cedarburg, WI 53012

Telephone: 262-204-8331
FAX: 262-204-8332