When To Hire A Wisconsin Worker’s Compensation Lawyer
When you are injured on the job in Wisconsin, your world can change instantly. Medical bills may begin to pile up, your income may stop, and you may feel pressure from your employer or the insurance company to return to work before you are ready. Wisconsin Worker’s Compensation law is designed to provide injured employees with medical care, wage replacement, and other benefits. However, the system can be confusing and overwhelming to someone already dealing with pain and uncertainty. As attorneys who have represented injured workers across the state, we know how critical it is to understand your rights under Wisconsin law. Many people try to handle claims on their own, but there are key situations when hiring an attorney is essential to protect their benefits and future.
Understanding Wisconsin Worker’s Compensation Law
Wisconsin Worker’s Compensation is governed by Chapter 102 of the Wisconsin Statutes. Under Wis. Stat. § 102.03, an employee injured in the course of employment is generally entitled to benefits regardless of fault. These benefits include payment for medical treatment, temporary total disability benefits if you are unable to work, and permanent disability benefits if your injury results in lasting impairment. Employers are required by law to carry worker’s compensation insurance, and claims are administered through the Wisconsin Department of Workforce Development (DWD).
While the law is designed to protect workers, disputes often arise about the cause of the injury, the extent of disability, or the amount of benefits owed. Insurance companies frequently hire lawyers to challenge claims, which is why having an attorney of your own can make the difference between receiving fair compensation and having your claim denied or reduced.
When Legal Representation Becomes Necessary
There are specific circumstances where hiring a Wisconsin worker’s compensation attorney becomes essential:
Denied Claims
If your employer or their insurance company denies that your injury is work-related or refuses to pay benefits, an attorney can file a claim on your behalf with the DWD and represent you in hearings before an Administrative Law Judge.
Disputes Over Medical Treatment
Under Wis. Stat. § 102.42, employers are required to pay for medical treatment reasonably necessary to cure or relieve the effects of a workplace injury. Disputes often arise when insurers attempt to deny certain treatments or refuse to pay for care from your chosen doctor.
Permanent Disability Benefits
If your injury results in a permanent disability, benefits may be paid under Wis. Stat. § 102.44. Calculating permanent partial disability or permanent total disability benefits is complicated, and insurers may undervalue your impairment rating. An attorney can ensure that the correct benefits are paid.
Vocational Retraining
Under Wis. Stat. § 102.61, if your injury prevents you from returning to your previous employment, you may be entitled to vocational retraining benefits. These benefits provide tuition and weekly payments while you retrain for a new occupation. Employers and insurers frequently dispute eligibility, making legal representation critical.
Retaliation Or Termination
It is unlawful under Wis. Stat. § 102.35(3) for an employer to fire or refuse to rehire an employee because they filed a worker’s compensation claim. If this occurs, an attorney can pursue additional penalties and compensation on your behalf.
Protecting Your Rights
As attorneys, we have seen firsthand how employers and insurers may try to minimize benefits or pressure injured workers into returning to work prematurely. Wisconsin law sets strict deadlines for filing claims and appeals, and missing those deadlines can result in the loss of valuable rights. By hiring a Wisconsin Worker’s Compensation attorney early in the process, you ensure that someone is advocating for your best interests, gathering medical evidence, and presenting your case effectively before the Department of Workforce Development.
Frequently Asked Questions About Wisconsin Worker’s Compensation
What Benefits Am I Entitled To Under Wisconsin Worker’s Compensation?
Injured workers are entitled to medical treatment, temporary disability benefits if they cannot work, permanent disability benefits for lasting impairment, and vocational retraining in some cases. Death benefits may also be paid to surviving dependents.
Can I Choose My Own Doctor For Treatment?
Yes. Wisconsin law allows injured employees to choose their own doctor for treatment. The employer or insurer cannot require you to see only their doctor, although they may request an independent medical examination.
What Happens If My Claim Is Denied?
If your claim is denied, you have the right to file an application for a hearing with the Wisconsin Department of Workforce Development. An attorney can represent you during this process, present medical evidence, and argue your case before an Administrative Law Judge.
How Are Disability Benefits Calculated?
Temporary disability benefits are generally based on two-thirds of your average weekly wage up to statutory limits. Permanent disability benefits are based on the percentage of impairment assigned by a physician and the statutory schedule of losses under Wis. Stat. § 102.52.
Can My Employer Fire Me For Filing A Worker’s Compensation Claim?
No. Wisconsin law prohibits employers from retaliating against employees for filing a claim. If you are wrongfully terminated, you may be entitled to additional compensation and reinstatement.
Do I Need A Lawyer For Every Worker’s Compensation Claim?
Not every claim requires legal representation. For minor injuries where the insurer pays medical bills and lost wages without dispute, you may not need an attorney. However, if your claim is denied, delayed, or involves permanent disability, legal representation is strongly recommended.
How Long Do I Have To File A Wisconsin Worker’s Compensation Claim?
Generally, claims must be filed within six years from the date of injury or the last payment of compensation, whichever is later. Certain occupational disease claims may have different time limits.
What Is An Independent Medical Examination?
An Independent Medical Examination (IME) is a medical evaluation requested by the employer’s insurance company. While called “independent,” these examinations are often used to dispute your treating doctor’s findings. An attorney can help challenge IME reports that undervalue your injury.
What If My Employer Does Not Have Worker’s Compensation Insurance?
Most employers are required to carry insurance. If they do not, claims may be filed through the Wisconsin Uninsured Employers Fund. An attorney can assist with this process.
How Much Does It Cost To Hire A Wisconsin Worker’s Compensation Attorney?
Attorney fees in worker’s compensation cases are regulated by Wis. Stat. § 102.26 and are typically limited to 20% of the amount recovered. You do not pay fees unless benefits are recovered for you.
Call Gillick, Wicht, Gillick & Graf For Your Free Consultation
If you are struggling with a Wisconsin Worker’s Compensation claim, you do not have to face the insurance company alone. At Gillick, Wicht, Gillick & Graf, our attorneys have been standing up for injured workers in Milwaukee and throughout Wisconsin for decades. We understand the law, the tactics used by insurers, and the real-world challenges you face after a workplace injury.
Contact our Milwaukee worker’s compensation attorneys at Gillick, Wicht, Gillick & Graf by calling 414-257-2667 to receive a free consultation. Our offices are located in Milwaukee, and we represent injured workers across the entire state of Wisconsin. Protect your rights and secure the benefits you deserve by contacting Gillick, Wicht, Gillick & Graf now.
