Workers’ Compensation Lawyer in Oshkosh, WI
Your Workers’ Comp Lawyer Near Oshkosh, WI
Located on the shores of Lake Winnebago, Oshkosh, Wisconsin, is a thriving community with strong industrial roots. Known as Sawdust City due to its prominence in the lumber industry, the area continues to support a variety of industries from heavy equipment manufacturing to healthcare and higher education.
Every year, more than 22,000 employees file workers’ compensation claims for workplace injuries and accidents across Wisconsin. If you were injured at work, speak to a qualified workers’ compensation lawyer near Oshkosh. Attorney Sam Bomier has been helping workers in Northeast Wisconsin recover insurance benefits for over 38 years. Contact us today to schedule a free case review.
Work Directly
with Sam!
When you hire Sam Bomier, you will work directly with him. It’s that simple! There’s no middleman. Sam works with every client that walks through his door to ensure every case is handled with the utmost care and precision.
No FEE Unless
Sam Wins for You
Sam works on a contingency fee basis, which means you don’t owe a penny unless he wins your case. You have nothing to lose and everything to gain with Sam representing your claim!
Sam Calls Northeast
Wisconsin Home
Born and raised in Wisconsin, Sam understands the importance of community, which is why he’s passionate about helping residents receive the justice they deserve after a workplace accident!
Table of Contents
- Who’s Covered by Workers’ Comp Insurance?
- What Workers’ Comp Benefits Are Available in Wisconsin?
- Common Types of Workplace Accidents & Injuries in Oshkosh
- 7 Steps to Take After a Workplace Injury
- Workers’ Comp Denials and How to Appeal
- Working With Attorney Sam Bomier
- Oshkosh Workers’ Compensation FAQs
- Discuss Your Oshkosh Workers’ Comp Claim With Sam
- Related Articles & Info
Who’s Covered by Workers’ Comp Insurance?
Wisconsin was the first American state to create a workers’ compensation system back in 1911. Today, over 98% of full-time, part-time, and seasonal workers in Wisconsin are eligible. This no-fault insurance provides comprehensive medical care, wage replacement benefits, job training, and related services to injured workers while protecting employers from costly lawsuits and liability claims. The following employers must carry workers’ comp insurance.
- Businesses with 3 or more employees, regardless of their status, must maintain workers’ compensation insurance.
- Businesses with 1 employee who is paid $500 or more per quarter must secure coverage by the 10th day of the following quarter.
- Farmers who employ 6 or more laborers for at least 20 calendar days must provide workers’ compensation insurance within 10 days after the 20th day of employment.
Workers who are exempt from coverage include domestic servants, sole proprietors, independent contractors, real estate professionals, volunteers, and relatives who work on a family farm. If your employer failed to maintain this mandatory coverage, you may be able to sue for workplace injuries or file a claim through the Wisconsin Uninsured Employers Fund (UEF).
What Workers’ Comp Benefits Are Available in Wisconsin?
Workers’ compensation covers all reasonable and necessary medical treatments for a work-related accident or injury until the claimant reaches maximum medical improvement. Additionally, workers in Wisconsin have a right to see any licensed physician, chiropractor, psychologist, podiatrist, or dentist.
Workers may qualify for different types of temporary or permanent wage replacement benefits depending on the extent and duration of their injuries and any resulting disabilities. Here’s how these benefits work.
- Temporary total disability (TTD) provides short-term payments equal to 2/3 of the employee’s average weekly wage. This benefit applies when employees are unable to work for a limited amount of time.
- Temporary partial disability (TPD) compensates workers for 2/3 of the difference between their pre- and post-injury wages if they’re working fewer hours or have accepted a lower-paying position.
- Permanent partial disability (PPD) typically provides a pre-calculated weekly payment or lump sum based on the affected body part and the level of disability.
- Permanent total disability (PTD) provides ongoing benefits if the employee is permanently unable to work.
If you can’t return to your previous job due to your injuries, you may qualify for vocational rehabilitation. These services can help with retraining, career counseling, and job placement. They can also help you acquire assistive devices or technology.
You may qualify for travel expenses related to medical care. Your attorney can help you recover expenses by submitting a mileage reimbursement form. Individuals who participate in vocational rehabilitation may also be able to claim expenses for food, travel, and lodging.
In case of a fatal workplace accident, the decedent’s family members may be eligible for death benefits, including compensation for final expenses and financial assistance equal to 4 times the decedent’s average annual wages up to the state maximum of nearly $400,000. Family members may also receive any unused disability benefits if their loved one died after their injury.
Common Types of Workplace Accidents & Injuries in Oshkosh
Workplace accidents in Oshkosh, Wisconsin, typically mirror statewide trends. Manufacturing, healthcare, transportation, warehousing, construction, and retail are typically the most dangerous industries based on the total number of claims. Learn more about the most common workplace injuries.
Strains due to lifting, pushing, pulling, or repetitive motions are by far the most common workplace injuries with over 8,700 claims filed annually.
Falls are among the most common workplace injuries in the manufacturing, warehousing, healthcare, and retail industries. Workers in Wisconsin file over 5,400 claims for these injuries annually.
Lacerations and puncture wounds result in over 1,400 workers’ compensation claims annually. These injuries are particularly common in the manufacturing, retail, food preparation, and construction industries.
Heavy machinery, falling debris, and flying objects can cause serious injuries, including concussions and amputation. These claims are common across a variety of industries, such as manufacturing, healthcare, education, and agriculture/forestry.
Motor vehicle and forklift accidents result in over 500 workers’ compensation claims annually. Most of these claims relate to the transportation, public administration, and construction industries.
Thermal and chemical burns result in over 500 workers’ compensation claims annually. They often affect professionals in manufacturing, hospitality, food service, healthcare, and wholesale trade.
Although less common, serious injuries can be caused by broken glass, chemicals, electrical current, cold temperatures, and landslides.
7 Steps to Take After a Workplace Injury
Knowing what to do after a workplace accident is essential to protect your health and your right to compensation. Here are a few simple steps to take if you were injured on the job.
- Seek Medical Attention: Visit the doctor or hospital as soon as possible, even if your injuries seem minor. Make sure to tell the provider how the injury occurred.
- Notify Your Employer: Let your employer know of the accident the same day or within 30 days. The sooner, the better. Send an email, or complete an accident report to get everything in writing.
- Keep Records: Make sure to keep copies of all relevant documents and evidence. Note the time, date, and circumstances of the accident. Take photos. Identify witnesses, and gather copies of medical records.
- File a Claim: Your employer is responsible for submitting a copy of Form WKC-12, First Report of Injury, to the insurance company. If the company fails to make a timely claim, consult an attorney for help filing an Application for Hearing.
- Attend Follow-up Appointments: Wisconsin law allows injured workers to choose any licensed physician to oversee their care. Attend all follow-up appointments and physical therapy appointments as directed.
- Update Your Employer: Keep your employer informed about your recovery, work restrictions, and return-to-work timeline. Clear communication can help to prevent confusion and disputes.
- Hire an Attorney: Don’t hesitate to reach out to a workers’ compensation lawyer in Oshkosh if your claim is denied, delayed, or you aren’t receiving all the benefits you need.
Workers’ Comp Denials and How to Appeal
According to the Wisconsin Worker’s Compensation Dashboard, which is maintained by the Wisconsin Department of Health Services, approximately 78% of workers’ compensation claims are paid, but 22% are denied. Here are a few of the top reasons for workers’ comp denials.
- Missed deadlines, such as waiting more than 30 days to report the injury
- Disputes over whether your injuries were work-related
- Inconclusive medical evidence or pre-existing conditions
- Employer filing errors or factual disputes
- Missed medical appointments or failure to attend follow-ups
- Misconduct, such as violating safety protocols or using drugs
What to Do if Your Application for Benefits Is Denied
Every year, over 3,000 workers in Wisconsin request hearings to appeal workers’ comp denials. If your claim was denied, you are not alone. Here’s what to expect.
The insurance company must provide a written explanation for the reasons behind the denial. Have your Oshkosh workers’ comp lawyer review this notice and compare it to your medical records.
To appeal the decision, you or your attorney must file an Application for Hearing (Form WKC-7) with the Wisconsin Department of Workforce Development.
The next step is to prepare for the administrative hearing. Your lawyer can help you gather evidence, such as medical records, witness statements, and correspondence from the insurance company and your employer. Additional forms and certified medical records must be submitted before the hearing.
If your first appeal isn’t successful, you can have the Labor and Industry Review Commission (LIRC) assess your case. Subsequent appeals can be heard by the Wisconsin Circuit Court or Wisconsin Court of Appeals although this is relatively rare.
Don’t wait to get help with your workers’ compensation case. Attorney Sam Bomier has been representing injured workers in Oshkosh, Omro, Winneconne, and surrounding areas since 1987.
Working With Attorney Sam Bomier
Selecting the right workers’ compensation attorney is an important decision because it can affect your recovery and the outcome of your case. As an experienced workers’ comp lawyer serving Oshkosh and surrounding parts of Winnebago County, Sam Bomier is dedicated to helping injured workers recover all of the benefits that they deserve. Workers’ compensation is what we do. Here’s how we can help.
- 35+ Years of Experience: Sam Bomier brings more than 3 decades of legal experience to each case, giving clients confidence when navigating complex claims.
- Workers’ Compensation Only: We handle workers’ compensation cases exclusively to provide superior service to each client.
- In-Depth Knowledge: Sam is well-versed in the state-specific statutes as well as rules related to the Department of Workforce Development and Office of Worker’s Compensation Hearings.
- Local Connections: With extensive experience handling workers’ compensation cases in Oshkosh and Winnebago County, Sam has first-hand knowledge of local administrative law judges and appeals offices.
- Strategic Experience: After years in the industry, Sam knows all the tactics that insurance companies use to minimize settlements and underpay claims.
- Proven Results: Sam has recovered substantial settlements for hundreds of injured workers across Wisconsin to ensure that they heal and are able to support their families.
If you need help with your workers’ compensation claim or if your application has been denied, reach out today to request a free case review. Time is limited, so act now.
About Sam Bomier Law LLC
Sam Bomier has spent his entire career focusing on workers’ compensation and employment law claims. Working on behalf of injured workers, Sam has dedicated his practice to helping others navigate the complex and ever-changing legal system when it comes to employment and workers’ compensation claims.
Oshkosh Workers’ Compensation FAQs
Workers’ compensation is a type of no-fault insurance, so normally, it doesn’t matter if you’re partially responsible for the accident. If you slipped and fell because you weren’t paying attention or if you used equipment improperly, your claim should still be approved. Your benefits can only be reduced or denied if you knowingly or intentionally violated safety rules or protocols. Your employer must show that these rules were well-known and regularly enforced. If your employer is trying to blame you for the accident, contact a workers’ comp attorney as soon as possible.
Yes. Wisconsin courts have consistently found that employees who were injured while working at home or in another authorized location are eligible for workers’ compensation benefits. You must show that the injuries occurred during the normal course of your employment and were directly related to your job duties. This does not apply to independent contractors or self-inflicted injuries.
Yes, sometimes, but it depends on how the condition relates to your work. Psychological injuries, such as depression and PTSD, can be caused by physical injuries that are covered by workman’s comp. Work-related stress can also lead to heart attacks and physical health challenges. Normally, workers must show that their injuries were caused by extraordinary stress on the job to qualify for benefits. In 2021, Wisconsin introduced a new law granting limited workers’ compensation benefits to first responders without needing to prove extraordinary stress.
Workers’ compensation claims can be denied for various reasons, whether they’re justified or unreasonable. Some of the most common reasons for denials include delayed reporting, insufficient medical evidence, and pre-existing medical conditions. Employee misconduct, such as drug or alcohol use or roughhousing, may also result in denials. If your claim has been denied, speak to an Oshkosh workers’ comp attorney to understand the appeals process.
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Discuss Your Oshkosh Workers’ Comp Claim With Sam
If you were injured while working in Oshkosh, reach out to a local workers’ compensation attorney. Sam Bomier has decades of experience helping injured workers in northeast Wisconsin. Workers’ compensation is all that we do. There’s no cost unless we win, and legal fees on workers’ compensation are capped by the state, so we won’t charge an arm and a leg to represent you. Workers’ compensation deadlines come up quickly. Get in touch to speak with Sam about your injuries.
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