Common Mistakes To Avoid When Filing A Worker’s Compensation Claim
When you’re injured on the job, filing a worker’s compensation claim may seem like a straightforward process. But in our experience helping injured workers in Wisconsin, we’ve seen how easily honest mistakes can lead to claim denials, delayed benefits, or reduced compensation.
Worker’s compensation is supposed to protect employees who are hurt at work, but failing to follow the rules exactly can give the insurance company a reason to reject your claim. If you were injured on the job in Janesville or anywhere in Wisconsin, we want to make sure you understand the process and avoid these common missteps.
Wisconsin’s Worker’s Compensation Act, outlined in Chapter 102 of the Wisconsin Statutes, governs how work injury claims are handled. This law provides medical treatment, wage loss benefits, and compensation for permanent disabilities. However, your right to these benefits depends on doing things the right way—and on time. Here are the most frequent mistakes we see and how to avoid them.
Failing To Report The Injury Immediately
One of the most serious mistakes workers make is waiting too long to report an injury. Under Wisconsin law, you must notify your employer as soon as possible after an injury occurs. Although the statute allows some flexibility, waiting days or weeks gives the employer or insurance company a reason to question your claim. Always report your injury in writing and keep a copy for your records.
Not Seeking Prompt Medical Attention
We understand that some workers try to push through pain or wait to see if it gets better. However, delaying medical care can weaken your case. The longer you wait to see a doctor, the harder it becomes to prove that your injury was work-related. Get medical attention right away and tell your provider that the injury happened at work. This creates a medical record that supports your claim.
Returning To Work Too Soon
Some employers or insurance companies may pressure you to return to work before you’re ready. Doing so can worsen your injury and jeopardize your claim. Under Wis. Stat. § 102.42(2), you are entitled to temporary total disability benefits while you are unable to work due to a covered injury. Make sure your return to work is cleared by your treating physician.
Not Following The Doctor’s Instructions
Missing medical appointments or failing to follow your doctor’s treatment plan can also hurt your claim. Insurance companies often monitor compliance closely. If they see gaps in treatment or failure to follow through, they may argue you are not truly injured or are not trying to recover.
Giving Incomplete Or Inaccurate Information
Be truthful and detailed when explaining your injury. Inconsistent statements can lead to your claim being denied or investigated for fraud. When you speak to doctors, your employer, or the insurance adjuster, be consistent and clear about what happened, where it happened, and how you were hurt.
Assuming Your Claim Covers All Costs Automatically
While worker’s compensation does cover medical care and lost wages, some benefits—such as permanent partial disability or vocational retraining—may require additional documentation or legal action. Don’t assume everything will be handled without your involvement.
Trying To Handle A Dispute On Your Own
If your claim is denied or your benefits are cut off, don’t wait too long to get legal help. The insurance company has a legal team working against your interests. We recommend contacting a worker’s compensation attorney before giving any statements or agreeing to a settlement.
Worker’s Compensation Frequently Asked Questions
What Is The Deadline For Reporting A Work Injury In Wisconsin?
There is no strict deadline, but the sooner you report the injury, the better. Wisconsin law requires prompt notice, and delays can lead to denied claims or questions about the injury’s origin.
Can I Choose My Own Doctor For A Work Injury?
Yes. In Wisconsin, you have the right to choose your own treating physician. You may also change doctors once without needing permission from the employer or insurance carrier.
What If My Employer Says The Injury Didn’t Happen At Work?
If your employer disputes the claim, you can still file with their insurance carrier. If benefits are denied, you can request a hearing before an administrative law judge through the Wisconsin Department of Workforce Development.
How Much Will Worker’s Compensation Pay Me While I’m Off Work?
You are entitled to two-thirds of your average weekly wage, subject to the maximum rates set by law. This is called temporary total disability.
What Happens If I Can’t Return To My Old Job?
If your injury prevents you from returning to your previous position, you may be eligible for vocational rehabilitation retraining benefits or a loss of earning capacity claim.
Can I Sue My Employer For My Work Injury?
In most cases, no. Worker’s compensation is the exclusive remedy under Wis. Stat. § 102.03(2). However, if a third party (not your employer) caused your injury, you may be able to pursue a separate personal injury claim.
What If The Insurance Company Denies My Claim?
You have the right to challenge the denial by filing a claim with the Wisconsin Department of Workforce Development. An attorney can help present your case and represent you at the hearing.
Is There A Time Limit To File A Claim With The State?
Yes. Generally, you must file a claim within six years of the injury date or last payment of benefits, whichever is later. For traumatic injuries, this is critical to preserve your rights.
What If I Made A Mistake On My Claim Forms?
Small errors can be corrected, but serious mistakes can delay or damage your claim. Always review forms carefully and consider having an attorney review them before submission.
Do I Have To Pay A Lawyer Upfront To Handle My Claim?
No. Worker’s compensation attorneys in Wisconsin work on a contingency basis. We are only paid if we help you recover benefits, and our fees are regulated by law.
Call A Wisconsin Worker’s Compensation Attorney Who Puts Injured Workers First
At Gillick, Wicht, Gillick & Graf, we’ve helped injured workers across Wisconsin for decades. If you’ve been hurt on the job and want to protect your rights, we’re here to help you avoid costly mistakes and fight for the benefits you deserve.
Contact our Milwaukee worker’s compensation attorney at Gillick Wicht, Gillick & Graf by calling 414-257-2667to receive your free consultation. Our offices are located in Milwaukee, and we proudly represent injured workers throughout Janesville and all of Wisconsin.
