Overview

In Wisconsin, most employers are required to carry workers compensation insurance, or be self-insured in the event an employee is injured during the course of his or her employment. Worker's compensation is not a fault-based system. If you are injured at work, regardless of fault, you may be entitled to compensation. Because worker's compensation is not fault-based, insurance companies often attempt to deny claims based upon "pre-existing condition" or attempt to attribute injuries to "accidents outside the workplace." They also generally will try to rush an employee back to work before they may be fully healed.

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If You Are Injured at Work...

The first step is to report the injury to your employer. This report must be made within 30 days of the injury. IF the injury is caused by exposure over time -- such as carpal tunnel or hearing loss -- you should report it as soon as you are informed that work may be the cause of the injury. After your report has been made, you have up to 12 years form the date of the injury to request a hearing. However, in most cases, a denial of benefits should be contested as soon as possible. 

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An Injured Worker's Rights

You are entitled to seek any necessary treatment for your injuries. You are entitled to have medical expenses paid by the employer's insurance carrier. You are entitled to see a doctor of your choice and if you are unhappy with that doctor , you my choose a second doctor. You have the right to decline the use of a "rehabilitation nurse", assigned by the insurance carrier. Benefits can not be denied for exercising any of these rights. 

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Permanent Disability

If you sustain an injury that is permanent in nature, but does not prevent you from returning to work, you are entitled to permanent partial disability (PPD). These injuries can range from losss of a finger, loss of an eye, to back injuries and brain injuries. Payment varies based upon the nature of the injury.

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If you are unable to return to your previous occupation, due to injury, you are entitled to retraining by the Department of Workforce Development. The purpose of this training is to attempt to restore your earning capacity and is paid for by the employer's insurance carrier. If you are not restored to your previous level of earnings, you probably are entitled to make a claim for loss of earning capacity. 

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Death Benefits

 In the event an employee is killed during the course of his or her work, the surviving spouse or dependent is entitled to benefits under the law. If a worker dies while receiving worker's compensation benefits, the dependent may still be entitled to receive benefits, including burial expenses.

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Do I Need an Attorney and How much Will it Cost?

This is a difficult question for anyone, especially someone who is unable to work and has medical bills accumulating. Attorney's fees are regulated by the Department of Workforce Development to be 20% of the amount of benefits recovered -- and these amount is only paid after recovery. 

The insurance carrier has a staff of adjusters, attorneys, doctors and nurses trained in the law of worker's compensation.  It is their job to minimize insurance expenses, which means to deny claims, and get injured workers back to work quickly If you are injured at work, and the insurance company has denied you claim, or is pressuring you back to work, you should consult with an attorney.

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At Hetzel Law Office, the initial consultation is always free and you will receive an honest opinion as to the merits of you case.

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