Filing a Worker's Compensation Claim

WorkersCompClaimWhen a worker sustains an injury on the job in Wisconsin, he or she is entitled to claim worker's compensation benefits. Employees can receive compensation for their lost wages, medical treatment, and permanent partial disability but they must meet specific requirements and file their claim promptly.

How Does Worker's Compensation in Wisconsin Work?

Wisconsin law requires most employers to carry worker's compensation coverage. Wisconsin's system is no-fault, which means that an injured employee doesn't have to show that the employer acted carelessly to receive worker's compensation benefits. In other words, if the injury occurred in the workplace or due to work duties, a person is entitled to benefits.

Employees who are eligible for worker's compensation benefits can receive the following:

  • Temporary disability benefits, which are for the worker's lost wages.

  • Permanent Partial disability which cover permanent functional impairment.

  • Necessary and reasonable medical care.

  • Vocational rehabilitation to educate or train the individual for a new job.

How Does an Injured Worker Report an Injury?

It is wise for an injured worker to immediately report his injury to his employer. In Wisconsin, a person has up to 30 days after sustaining an injury to report it. If an illness or injury develops over time, the individual has 30 days after discovering the condition to alert his employer. Failing to report a work-related injury can result in lost benefits.

It's also essential to give employers as much information as possible, including the following:

  • When the accident occurred

  • How one sustained the injury

  • Symptoms of the injury

After a worker reports an on-the-job injury, he or she must see a medical professional. Injured workers have the right to choose any licensed doctor to assess their condition, but they must inform their insurer and employer if they decide to see a second doctor.

What Happens After the Reporting of an Injury?

After an employee informs his employer of an injury, the employer must report the worker's compensation claim to the insurance company within seven days. If the employer doesn't report the claim, the worker can contact the insurance company directly. The insurance company will then determine whether the individual is eligible for benefits. It may also do the following:

  • Review the person's medical records.

  • Analyze the individual's work experience, wages, and education.

  • Order a medical exam to assess the person's condition.

Per Wisconsin law, the insurance company must approve or deny a worker's compensation claim within 30 days. If approved, benefit payments will begin within the 14 days after the last day you worked.

The Wisconsin worker's compensation attorneys at Gillick, Wicht, Gillick & Graf can guide you through the claims process and help you get the compensation you're entitled to by law. Even if the insurance company denies your claim, we can help you appeal the decision. We have been the injured worker's law firm for over 65 years and would like to use our extensive experience to benefit you. Contact us today at (414) 395-5813 for a free case evaluation.

Frequent Questions

You have a claim if you suffered a loss because of a job-related injury. This means that, to get worker's compensation, you have to show three things:

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