Understanding Your Rights Under Wisconsin Worker’s Compensation Law
At Gillick, Wicht, Gillick & Graf, we know that suffering an injury on the job can leave you uncertain about your rights, your income, and your future. Wisconsin law has created a system designed to protect injured workers, ensuring that medical care and wage replacement are available without the need to prove fault. Still, the process of filing a claim, securing benefits, and defending those benefits when challenged can be confusing and stressful. Many injured workers face pressure from employers or insurance carriers, making it even more important to understand what the law requires. Our role as attorneys is to make sure you are fully informed and prepared to enforce your rights under Wisconsin Worker’s Compensation law.
How Wisconsin Worker’s Compensation Works
Wisconsin Worker’s Compensation is governed primarily by Chapter 102 of the Wisconsin Statutes. Under Wis. Stat. § 102.03, an injury is compensable if it arises out of and in the course of employment. This means you do not need to prove your employer was negligent—only that your injury is connected to your job.
Employers are generally required to carry Worker’s Compensation insurance under Wis. Stat. § 102.28, with few exceptions for very small employers. When an employee is injured, benefits are paid through the employer’s insurance carrier. These benefits include medical treatment, wage loss, and, when applicable, compensation for permanent disability.
Benefits Available To Injured Workers
Medical Expenses
Under Wis. Stat. § 102.42, injured employees are entitled to necessary medical treatment, including doctor visits, surgery, therapy, and prescription medication. Employers and insurers are responsible for payment, not the employee.
Temporary Disability Benefits
When you are unable to work while recovering, you may qualify for Temporary Total Disability (TTD) or Temporary Partial Disability (TPD) benefits under Wis. Stat. § 102.43. These benefits provide a portion of your average weekly wage until you can return to work.
Permanent Disability Benefits
If your injury leaves you with permanent impairment, you may be eligible for Permanent Partial Disability (PPD) or, in more severe cases, Permanent Total Disability (PTD). The value of these benefits depends on the nature and severity of the injury and is defined under Wis. Stat. § 102.44.
Vocational Rehabilitation
When a worker cannot return to their previous job due to injury, vocational retraining and job placement services may be available through the Division of Vocational Rehabilitation.
Legal Challenges In Wisconsin Worker’s Compensation
Disputes frequently arise over whether the injury is truly work-related, whether medical treatment is reasonable, or whether an employee can return to work. Insurance companies may attempt to deny or reduce claims. Wisconsin law allows contested cases to be heard by administrative law judges within the Department of Workforce Development’s Worker’s Compensation Division.
Employers sometimes retaliate against workers for filing claims. Under Wis. Stat. § 102.35(3), employees are protected from such retaliation, and employers who violate this provision can be held liable for damages.
Why Legal Representation Matters
As attorneys, we have seen how complicated and intimidating the Worker’s Compensation process can be for individuals already dealing with pain and uncertainty. Strict deadlines apply to filing claims and appeals. Medical reports must be carefully documented. Insurers often bring in independent medical examiners whose opinions may limit or deny your benefits.
By working with a legal team, you gain protection against errors that could cost you benefits. You also have an advocate ensuring the insurance company complies with the law and that you receive every benefit owed under Wisconsin Worker’s Compensation.
Frequently Asked Questions About Wisconsin Worker’s Compensation
What Injuries Are Covered Under Wisconsin Worker’s Compensation?
Any injury or illness that arises out of and in the course of employment may be covered, including traumatic injuries, repetitive stress injuries, occupational diseases, and mental health conditions linked to the job.
Do I Have To Prove My Employer Was At Fault For My Injury?
No. Wisconsin Worker’s Compensation is a no-fault system. You only need to show that your injury was work-related, not that your employer was negligent.
How Long Do I Have To Report A Work Injury?
Wisconsin law requires that injuries be reported as soon as possible. While the statute of limitations under Wis. Stat. § 102.12 allows two years from the date of injury, timely reporting is critical to avoid disputes.
Can I Choose My Own Doctor For Treatment?
Yes. Wisconsin law allows you to choose your own physician for treatment. However, the employer’s insurance carrier may require an Independent Medical Examination (IME) by a doctor of their choosing.
What Happens If My Claim Is Denied
If a claim is denied, you may request a hearing before an administrative law judge. At the hearing, evidence will be presented, and the judge will decide whether benefits are owed.
How Much Will I Receive In Wage Loss Benefits?
Temporary Total Disability benefits are generally two-thirds of your average weekly wage, subject to maximum limits set by law. Temporary Partial Disability benefits cover partial wage loss if you can work reduced hours.
What If I Am Permanently Disabled?
If your injury results in permanent impairment, you may be eligible for Permanent Partial Disability or Permanent Total Disability. The compensation amount depends on the severity of your condition and your ability to work.
Can I Be Fired For Filing A Worker’s Compensation Claim?
No. Wisconsin law protects workers from being discharged or discriminated against for filing claims under Wis. Stat. § 102.35(3). If you are retaliated against, legal remedies are available.
What if I cannot Return To My Previous Job After My Injury?
Vocational rehabilitation may be available, including retraining for new employment. These services are designed to help injured workers re-enter the workforce.
How Long Does The Worker’s Compensation Process Take?
The timeline varies depending on the complexity of the case and whether the claim is disputed. Some cases resolve quickly, while others may take months or longer if hearings are required.
Do I Need An Attorney To File A Claim?
While it is possible to file a claim without an attorney, having legal representation significantly improves your chances of success, especially in disputed or complex cases.
Are Death Benefits Available To Families Of Workers Who Die On The Job?
Yes. Under Wis. Stat. § 102.46, dependents of a worker who dies from a work-related injury may receive death benefits, including burial expenses and ongoing financial support.
Call Gillick, Wicht, Gillick & Graf For A Free Consultation
If you or a loved one has been injured on the job in Wisconsin, you deserve to understand your rights and secure the full benefits allowed under state law. At Gillick, Wicht, Gillick & Graf, we are committed to protecting injured workers across Milwaukee and throughout Wisconsin.
Contact our Milwaukee worker’s compensation lawyers at Gillick, Wicht, Gillick & Graf by calling 414-257-2667 to receive a free consultation. Our offices are located in Milwaukee, and we represent clients across the entire state. Let us stand with you and ensure that your rights under Wisconsin Worker’s Compensation law are protected.
