Our Frequently Asked Questions About Personal Injury Claims

When an accident on the road, at work, or elsewhere leaves you with physical injuries and mounting medical bills, it is natural to have many questions. Help ease your mind by browsing these thoughtful answers from our experienced Wisconsin injury attorneys. Don’t see your question here? Don’t hesitate to contact our Menomonie law office today!
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  • What’s the difference between a workers’ compensation claim and a third-party claim?

    In Wisconsin and around the country, workers who are injured or fall ill on the job typically must obtain care and compensation through the state’s workers’ compensation system. Employers are required to provide these benefits, and employees are able to use them regardless of fault. At times, however, fault does matter. If a worker is involved in a vehicle accident while on the job, it may be the result of some other party’s behavior—not the employee nor the employer. In these situations, it can be possible for the injured worker to pursue a legal claim outside workers’ compensation against the responsible party.

    Filing a Workers’ Compensation Claim for a Vehicle Accident

    Wisconsin workers’ compensation does cover injuries sustained in a vehicle accident while on company business. This can mean while delivering or unloading goods, traveling to a job site or meeting, running a work-related errand, providing transportation for a co-worker or client, and more.

    After the accident, the worker should report the injury to the employer and file a workers’ compensation claim just as he would for any other type of work injury. Medical care and wage replacement benefits are available to the employee through the workers’ compensation system.

    Filing a Third-Party Vehicle Accident Claim in Wisconsin

    For those involved in a vehicle accident, it may also be possible to file a third-party claim. This is a legal claim against the person responsible for the accident in civil court, outside the workers’ compensation system. In this type of case, the injured worker would be able to pursue compensation from the negligent party for:

    • Medical bills
    • Lost wages
    • Future medical bills
    • Pain and suffering
    • Property damage
    • Loss of enjoyment

    Compensation From a Third-Party Claim and Your Rights

    The compensation that can be awarded from a third-party personal injury case is typically more significant than that offered by workers’ compensation—especially if significant injuries are sustained. It is important to note that if an injured worker is successful with a third-party claim, Wisconsin workers’ compensation does have a right to be reimbursed for the medical payments and wage replacement they paid to the injured worker.

    If you or someone you love has suffered injuries in a vehicle accident while on the job in Wisconsin, you may be eligible to file a third-party claim. Even if you are not sure of your rights, contact the legal team at Wagner Law, LLC in our office in Menomonie or Eau Claire. We can answer your questions and help you pursue all the compensation you deserve.

  • Who pays my medical bills after a car accident?

    It is extremely important to seek medical care when you have suffered injuries in an accident. Many victims, however, hesitate to obtain the treatment they need because they are worried about the cost of care. Ideally, the responsible party will be held accountable through the courts and provide the necessary compensation. This can take time, however, so what are injury victims to do? How can you address your current medical needs and financial obligations?

    Auto Insurance May Cover Your Medical Bills After an Accident

    Both Wisconsin and Minnesota have specific rules about what auto insurance must cover. Every driver must secure insurance in certain amounts to cover property damage and bodily injury sustained in an accident. This insurance may pay medical bills for these injuries, depending on your state and coverage, as follows:

    • Wisconsin. Mandatory bodily injury insurance provides payment related to the injuries the insured causes to others on the road. Drivers can elect to purchase medical payment coverage for injuries they themselves may suffer in an accident. Insurance companies must offer this policy, though Wisconsin drivers may choose to reject the coverage.
    • Minnesota. Drivers are required to carry Personal Injury Protection (PIP), which provides payments for medical expenses, wage loss, and more that they suffer in an accident. Minnesota is a no-fault state, which means drivers must exhaust their own PIP policy before seeking compensation from the responsible party.

    These insurance policies are meant to ensure that drivers are able to obtain the care they need after an accident. If you or someone you love has elected not to purchase this insurance (in Wisconsin) or are nearing the maximum of your policy (in Minnesota), there may be other options.

    Private Health Insurance and Medical Assistance Programs Can Help

    When an auto policy cannot provide the care that is necessary, it may be necessary to turn to your own private health insurance. It will pay the medical bills as they arrive, although victims should note that the insurance company may have the right to be reimbursed from the award a victim may receive in a personal injury case.

    Additionally, for those with limited auto insurance and no health insurance, it is possible to take advantage of assistance programs or work directly with a doctor or institution until a settlement or verdict is reached in your case.

    If you or someone you love has suffered injuries in a car accident, help is available. Call the Menomonie or Eau Claire office of Wagner Law, LLC to speak to one of our attorneys and learn more about your options today.