Worker's Compensation

Worker's Compensation law covers most Wisconsin employees for both mental and physical harm from accidents, injuries or illnesses caused by work. Why the accident happened, or who is at fault, is not an issue.

If you feel you have an injury that should be covered, report it to your employer immediately and get to a doctor as soon as possible. It is necessary for your doctor to state that your injury was caused by work. You are free to choose your own doctor (not restricted to employer's doctors), and you can also go to a second doctor of your choosing.

Worker's compensation insurance is responsible for your medical bills. If you miss work, you will generally get paid 2/3 of your weekly wage while you are healing. Also, you may be entitled to permanent disability payments, loss of earning capacity benefits and retraining. What benefits you may be entitled to depend on the facts of each case.

If your claim is disputed by the employer or insurer, you have a right to have the state decide your case. As this process is specialized, it is highly recommended that you obtain the services of an attorney to represent you in this matter. At Bucher Law Group, LLC , we have successfully handled hundreds of claims and will be happy to assist you. Please call to discuss your matter, or set up an appointment to consult with an attorney, all at no charge.

"Sitting While Intoxicated" - A Punishable Offense?

"Sitting While Intoxicated" - A Punishable Offense?

Many people assume that operating a motor vehicle is synonymous with driving a motor vehicle. However, assumptions are dangerous, and this common misconception could very well lead to a conviction for operating a motor vehicle while intoxicated.

An operator of a motor vehicle is defined under Wisconsin statute as "the physical manipulation or activation of any of the controls of a motor vehicle necessary to put it in motion." See Wis. Stat. sec. 346.63(3)(b). Wisconsin courts have interpreted this language in various ways depending on the factual underpinnings of each case. For instance, in Milwaukee Co. v. Proegler, the Wisconsin Court of Appeals upheld the judgment of conviction entered by the lower court, finding the defendant guilty of operating a motor vehicle while under the influence of an intoxicant. See Milwaukee Co. v. Proegler, 95 Wis.2d 614, 291 N.W.2d 608 (Ct. App. 1980).

In Proegler, the defendant was found sleeping behind the steering wheel of a pickup truck parked partially on the right emergency ramp of I-43. The keys were in the ignition, the motor was running, and the lights and heater were on. The automatic transmission shift lever was in the park position. The defendant later testified to having parked his vehicle and fallen asleep for a few hours before he was found by police. The results of a Breathalyzer test indicated that defendant's blood contained 0.2 percent by weight of alcohol.

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