You have a claim if you suffered a loss because of a job-related or work
injury.
This means that, to get Wisconsin workers
compensation, you have to show three things:
First, you have to show that you were injured
in the course of your employment – that is, that you were working when you
were hurt.
Second, you must show that your injury
happened because of work. Either the work directly caused the injury, or it
aggravated some pre-existing condition, or it contributed in some material
fashion to the progression of your condition. The mere fact that you were at
work when your injury happened is not enough – you must show that the work
contributed to the injury.
Third, you must show that you have sustained
a loss. This means that you must show that you lost time from work or had some
permanent disability or disfigurement. Workers have injuries every day, but to
have a claim, you must have sustained either a wage loss or a permanent
loss of function so that you have something to claim.
Do I need a
worker compensation attorney?
The Wisconsin Worker’s Compensation Law does not require an attorney to
represent an injured worker at a hearing. If the only dispute is a minor one
such as one or two days of compensation or the payment of medical and/or
chiropractic bill, then an attorney may not be necessary. If an injured worker
applies for a hearing without an attorney, the Wisconsin Worker’s Compensation Division
will schedule an informal conference where no testimony is taken and no
decision is made, but a Judge tries to work out the differences between the
parties on an agreed upon basis.
Sometimes major disputes arise such as: Is
there permanent disability? How much permanent disability is there? Is
retraining necessary? Has the employer/insurance carrier completely denied the
claim? In these types of disputes, a lawyer who concentrates his or her
practice in the area of worker’s compensation is not only helpful, but truly a
necessity. Think of the need for an attorney in these situations the same way
you would think of skilled tradesmen in other situations. You don’t need an
electrician to change your light bulb, but you surely need one to bring in a
220 line. You don’t need a plumber to change a washer, but you don’t want to
hook up a septic system without one.
If you decide to look for an Wisconsin
worker compensation attorney, look
for one who represents only injured workers in worker’s compensation and one
who concentrates his or her practice in that area.
