Crucial Questions About Workers’ Compensation
A job-related injury can cause a tremendous amount of disruption to your career, your finances, your family and your life. Through a workers’ compensation claim, an injured worker can seek no-fault benefits to cover their medical bills and lost wages. However, there are a lot of myths and misconceptions about workplace injuries and the claims process. Here, our legal team answers four crucial questions about workers’ compensation in Wisconsin.
- 1. What Should I Do if I am Injured on the Job?
You need to get professional medical treatment. Severe injuries always require emergency care. Beyond that, seemingly mild or moderate injuries should also be checked out by a doctor. You cannot pursue a workers’ comp claim unless you have seen a physician.
As noted by the Wisconsin Department of Workforce Development, injured workers have a legal responsibility to report their injury to their immediate supervisor. If you fail to report your injury to your employer, you may be prevented from obtaining workers’ comp benefits.
- 2. Do I Actually Have a Workers’ Compensation Claim?
In Wisconsin, employers are required to carry no-fault workers’ comp coverage. You do not have to prove your employer caused your accident. Instead, anyone who has suffered a loss because of a job-related injury most likely has a valid workers’ comp claim. To recover benefits, you must demonstrate you were hurt while working and you suffered actual losses as a result of your injuries.
- 3. Can I Choose My Own Doctor?
Yes. You have the right to seek treatment from your own doctor. Injured workers should be comfortable with their doctor. If you were hurt on the job, you can seek treatment from any physician in Wisconsin. If the insurance company or your employer wants you to go to a specific doctor, call us.
- 4. What Benefits Will I Be Able to Recover?
It depends on the nature and severity of your injuries. As a starting point, injured workers should be compensated for all medical care that is “reasonable and necessary.” You should never be paying out-of-pocket to treat a workplace injury.
Additionally, injured workers are entitled to wage loss compensation. If you were forced to miss time at work because of your injuries, you will get two thirds (2/3) of your average weekly wage, up to a maximum allowable amount.
Finally, if you sustained severe injuries — meaning injuries that will result in a permanent disability or impairment — additional compensation should be offered. With these types of claim, injured workers should always be represented by an experienced attorney.
Schedule Your Free Workers’ Compensation Consultation Today
At Gillick, Wicht, Gillick & Graf, we fight for the rights and interests of workers in Wisconsin. If you or your family member was hurt on the job, our legal team is here to help. For a free, no obligation consultation, please contact us now. From our office location in Milwaukee, we handle workers’ comp claims throughout the region, including in Brookfield, West Allis, Waukesha, Racine, and Kenosha.