Tuesday, March 27, 2007

WISCONSIN WORKERS COMP SYSTEM MAKES IT IMPOSSIBLE FOR ATTORNEYS TO HELP WITH SOLELY MEDICAL EXPENSE

A recurring problem in a Wisconsin workers compensation practice is the client who has substantial medical expense but no other significant workers compensation benefits to go after. For example, the worker has the need for a surgery, but has no health insurance. The worker cannot have the surgery because no medical provider will do the surgery without some type of insurance.

The worker calls me to see if I can help get the workers comp established so they can have the surgery. The only way an attorney can take on a workers comp case is a 20% contingent fee. However, the workers comp attorney cannot take a cut out of medical bills recovered. The most the workers comp division will approve is a 100-$200 flat fee. That is not enough money to do a workers comp hearing. Most doctors charge 350-$500 to do a workers comp report. Thus, there is no way for the attorney to get paid, even if the case is won. There is no way that the attorney can help the worker.

Is there a solution to this problem?

2 comments:

Unknown said...
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Unknown said...

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