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Workers’ Compensation Injuries

Liability under Wisconsin’s Workers’ Compensation laws exists when an accident or disease-causing injury arises out of the employee’s employment. This may mean that an employee has suffered either a traumatic or overuse injury. Traumatic injuries occur when a specific incident causes a clear injury. Overuse injuries are often caused by repetitive motion ad develop over the course of an extended period of time. Wisconsin’s Worker’s Compensation laws offer protections for both traumatic and overuse injuries.

While some injuries clearly occur during an employee’s employment, other injuries are not so obvious and a dispute can arise. When dealing with a disputed workplace injury, be sure to contact the experienced attorneys at Walcheske & Luzi to defend your rights

Walcheske & Luzi can assist you with the following injuries:

  1. Knee and Ankle Injuries
    • Knee and ankle injuries can have a dramatic effect on an employee’s ability to perform jobs that require standing, sitting, walking, and other basic activities. These types of injuries can be caused by either a traumatic injury or develop over time due to repetitive motion. Common types of knee and ankle injuries include:
      • Anterior Cruciate Ligament (ACL) Injuries
      • Medical Collateral Ligament (MCL) Injuries
      • Meniscus Injuries
      • Dislocations
      • Tendonitis
  2. Shoulder and Elbow Injuries
    • Shoulder and elbow injuries can often limit the ability of an employe  to engage in simple activities such as driving, lifting, using a computer, and various other activities. These types of injuries can be caused by either a traumatic injury or develop over time due to repetitive motion. Common types shoulder and elbow injuries include:
      • Dislocations
      • Rotator Cuff Tears
      • Labrum Tears
      • Nerve Damage (i.e. Tennis Elbow)
  3. Back and Neck Injuries
    • Back and neck injuries are considered non-schedule injuries, which can trigger loss of earning capacity benefits on top of standard benefits. It is also important to note that in cases of back or neck injuries a pre-existing weakness does not bar recovery. A severed back or neck injury may preclude and employee from obtaining any kind of gainful employment in the future. It is vital that you know your rights in this situation. Common types of back and neck injuries include:
      • Paralysis
      • Herniated or Slipped Discs
      • Fractured/Broken Vertebrate
      • Spinal Cord Injuries
      • Strains/Sprains
      • Broken Neck
      • Whiplash
  4. Other types of Personal Injuries
    • Cardiovascular Injuries – The most common type of cardiovascular disability is a heart attack. Wisconsin courts have held that “when heart failure is caused by employment or employement-related exertion, it is compensable as an industrial accident, regardless of whether or not there was a pre-existing condition.” Contact Walcheske & Luzi if you encounter this situation.
    • Occupational Heart Conditions – While heart conditions are often the result of lifestyle and heredtity, a common Workers’ Compensation injury may occur in instances of enhanced stress at work.
    • Pulmonary (lung) INjuries – A long history of compensable lung related injuries exists in Wisconsin. These injuries are often caused by exposure to various substances that cause lung diseases, including lung cancer. 
    • Exposure Injuries – Exposure to certain compounds has been found to potentially cause serious diseases that are considered compensable under Wisconsin Workers’ Compensation law. 
      • Asbestos Exposure – The most common form of an asbestos exposure manifests in the form of cancer (specifically mesothelioma) and other asbestos related disabilities. At times, these injuries take decades to manifest. Even in those instances, Wisconsin courts have determined that these exposures may be compensable. 
      • Lates Exposure – Allergic reactions to latex and the resulting injuries may be compensable Workers’ Compensation injuries in Wisconsin. 
      • Other Chemical Exposures – Long-term exposure to even small doses of potential hazardous chemicals can result in the development of an injury due to prolonged exposure. 
    • Occupational Hearing Loss – Hearing loss can be the result of either a traumatic injury or occupational disease. The most common type of hearing loss claim results from repetitive noise exposure over an extended period. An employer maybe liable for the entire occupational deafness to which its employment contributed.