Milwaukee Worker’s Compensation Lawyers. No Fee Until You Get Paid.
Wisconsin’s Worker’s Compensation Law Firm Since 1948
Unfortunately, workplace accidents remain a serious safety issue in Wisconsin. Every year, tens of thousands of workers in our state seek medical attention for a job-related injury or occupational disease. Wisconsin law allows injured workers to recover compensation. However, navigating the claims process can be a challenging task.
If you have been hurt in a workplace injury, you are probably experiencing significant anxiety. Most workplace injury victims do not understand the legal process and they have a number of questions about the law, the legal process ahead, and how to choose the right team of lawyers to handle their cases. Our Milwaukee worker’s compensation lawyers are here to assist you with your claim.
At Gillick, Wicht, Gillick & Graf, our Wisconsin worker’s compensation lawyers know how to get results. We provide personalized representation—answering all our client’s questions. As the Injured Worker’s Law Firm™, our attorneys help injured workers through the process of Worker’s Compensation in Milwaukee and throughout Wisconsin.
Call us at 414-257-2667 anywhere in the state. We offer free consultations, and we will answer all of your workers’ compensation questions.
An Overview of Wisconsin’s Worker’s Compensation Laws
Were you hurt on the job in Wisconsin? If so, it is imperative that you know how to take the proper steps to protect your best interests. You need immediate medical treatment from a qualified doctor. From there, you have the right to file for worker’s compensation benefits. Here are five key things to know about the worker’s compensation laws in Wisconsin:
- Most Employers Must Provide No-Fault Workers’ Comp Coverage: A workers’ comp claim is not the same thing as a personal injury claim. In a personal injury case, a plaintiff must prove that the defendant was “at fault” for their accident. In Wisconsin, worker’s comp benefits are provided on a no-fault basis. You can file for financial compensation regardless of whether or not your employer caused your accident through carelessness, recklessness, or other workplace safety violations. Notably, the vast majority of businesses and nonprofits in Wisconsin are required to provide no-fault worker’s comp insurance.
- A Medical Condition Must Arise Out of Employment: In order to be eligible for worker’s compensation benefits, you must have suffered an injury, illness, or other impairment that arose out of the course and scope of your employment. In other words, you must have a job-related medical condition. To be clear, an accident does not have to occur on your employer’s premises. Off-site injuries are covered by worker’s comp as long as the accident occurred within the scope of a worker’s employment.
- An Employee Must Give Adequate Notice: Under Wisconsin state law, an injured worker must give their employer prompt notice that an accident/safety incident occurred. As a general matter, notice should always be provided within 30 days of the onset of an injury. With an occupational disease, notice should be given as soon as the employee reasonably recognizes that their medical condition is connected to their employment. If you fail to provide notice in a timely manner, it could undermine your ability to get worker’s compensation benefits.
- A Wide Range of Financial Benefits are Available: As a starting point, worker’s comp insurance in Wisconsin should provide coverage for all medical treatment that is necessary and reasonably related to your workplace injury/illness. You have a right to comprehensive medical care. Next, worker’s compensation should also provide weekly financial benefits for people who are forced to take time off after an accident. Wage loss benefits are calculated based on an employee’s pre-injury earnings. If you suffered a permanent disability or impairment, additional compensation may also be available.
- You Can Appeal a Worker’s Comp Denial in Wisconsin: The purpose of Wisconsin’s worker’s comp laws is clear: Injured workers are entitled to financial support after an accident. Sadly, employers and insurers do not always make the claims process smooth. If your worker’s comp claim was denied in Milwaukee, you have the right to file an appeal.
Steps to Take If Your Worker’s Compensation Claim Was Denied
There are few things more frustrating than finding out that your workers’ compensation claim has been denied. These claims can be rejected for a wide variety of different reasons. From small errors on an initial application to disputes over the medical evidence to bad faith practices by insurance companies, there are many instances where a claim may be denied. If your worker’s compensation claim was not approved in Wisconsin, it is essential that you take immediate action. Here are four steps to take to protect your rights:
- Review the Denial Letter: When a claim is denied, an applicant is entitled to receive a written denial letter that explains the reasoning. These denial letters can be difficult to parse. A claimant should be ready to seek professional guidance.
- Consult With a Lawyer: An experienced Milwaukee, WI worker’s comp lawyer can help you understand and evaluate the denial. An attorney will be able to answer your questions and help you determine the best course of action.
- File the Workers’ Comp Appeal: n Wisconsin, you file a worker’s compensation appeal by requesting a hearing. In general, this means that you must fill out and send in a form called Form WKC-7. Make sure that you initiate the appeals process in a timely manner. You do not want to miss out on your chance to fight back against an unfair denial of benefits
- Be Ready to Escalate the Claim: The Wisconsin worker’s comp appeals process has multiple stages. If an administrative law judge declines to grant you the full and fair financial benefits that you deserve at the hearing stage, you retain the right to further pursue your appeal. The next stage of the process is handled by the Labor and Industry Review Commission (LIRC).
Worker’s Comp in Wisconsin: Frequently Asked Questions (FAQs)
After suffering a work injury, there are a number of steps involved. First, you will need to seek medical attention and report the accident to your employer right away. Then call us and we will walk you through the process.
It is always better to work with an attorney from our firm right from the beginning, so we can help you avoid a workers’ comp claim denial. But if you have had a claim denied, there are appeal stages built into the process and other legal means we can explore to help you obtain the compensation you need.
In most cases, traumatic injuries are eligible for worker’s compensation. Our lawyers can help you make sure you receive full and fair compensation.
Most likely, yes. Often, back injuries, carpal tunnel, and other repetitive stress injuries are more difficult to link to workplace activities than other injuries, but our lawyers have handled many of these cases successfully.
The worker’s compensation disability schedule assigns a number of weeks of work compensation to various types of injuries. Our worker’s comp lawyers can explain the process and help you maximize your compensation if you have been disabled.
When a claim is accepted, worker’s compensation is available to cover medical expenses, lost wages, disability benefits (temporary partial, permanent partial, temporary total, and temporary partial disability).
We can answer any of the questions you have. Our attorneys take a compassionate, caring approach to our clients and a tenacious, aggressive approach to protecting their rights.
Frequent Questions for Milwaukee Worker’s Compensation Lawyers
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:
You Can Trust the Injured Worker’s Law™ Firm for Results
Following a serious workplace accident, it is normal to be confused, stressed out, and/or overwhelmed. At Gillick, Wicht, Gillick & Graf, we are prepared to walk you through every step of the claims process. Among other things, our Milwaukee worker’s compensation lawyers will:
- Conduct a free, in-depth review of your case.
- Handle all of the workers’ comp claims paperwork.
- Take your claim as far as necessary to maximize your benefits.
We have represented injured workers across Southern Wisconsin for nearly eight decades. With a well-documented record of testimonials from previous clients, you can rely on our Milwaukee worker’s compensation attorneys to handle your case properly.
Contact Gillick, Wicht, Gillick & Graf. The Injured Worker’s Law Firm.
At Gillick, Wicht, Gillick & Graf, our Wisconsin worker’s compensation lawyers work tirelessly to help clients maximize their financial benefits. As the Injured Worker’s Law™ Firm, we know how to get results. If you or your family were hurt on the job, our legal team is ready to help. Call us today at 414-257-2667 or contact us online to schedule a free initial consultation with an experienced worker’s compensation lawyer from Gillick, Wicht, Gillick & Graf. With an office in Milwaukee, we represent injured workers throughout Wisconsin, including in Racine, Waukesha, Madison, Wausau, Appleton, Green Bay, Manitowoc, Janesville, and Fond du Lac.
