Filing A Workers’ Compensation Claim For Construction Site Injuries In Wisconsin

Construction sites are among the most dangerous workplaces in Wisconsin. Workers handle heavy machinery, operate at significant heights, and face exposure to hazardous materials daily. When workplace accidents happen, the injuries can be serious, leaving workers unable to return to their jobs. Wisconsin workers’ compensation law ensures injured workers receive compensation for medical expenses, lost wages, and rehabilitation costs. However, the workers’ compensation claims process in Wisconsin is complex. In many cases, employers or their insurance companies challenge a worker’s right to receive the financial compensation they deserve.

Under Wisconsin Statutes § 102.03, employers are required to carry workers’ compensation insurance to make sure that their employees receive benefits if they are injured on the job. Unlike personal injury claims, workers’ compensation does not require proof of negligence. As long as the injury occurred while performing job-related duties, the worker should qualify for benefits. However, failure to follow proper filing procedures or missing deadlines could result in a denied claim.

Key Steps To Filing A Workers’ Compensation Claim

Report The Injury Immediately

Wisconsin law under Wis. Stat. § 102.12 requires workers to report workplace injuries to their employer as soon as possible. While the law allows a 30-day deadline, waiting too long can raise doubts about the claim and may lead to a denial. A written report detailing the incident, location, and injuries sustained can help establish a record of the event.

Seek Medical Treatment

Injured workers must see a doctor as soon as possible. Under Wis. Stat. § 102.42, medical care must be covered by workers’ compensation if the injury is work-related. Choosing a doctor with experience in workplace injuries is important, as their medical report will play a significant role in the claim. Workers should inform their doctor that the injury occurred at work and keep all medical records.

File A Workers’ Compensation Claim

Once the injury is reported, the employer must file a First Report of Injury with their insurance carrier. If the employer does not report the injury, the worker can file a claim directly with the Wisconsin Department of Workforce Development (DWD). Wisconsin law under Wis. Stat. § 102.17 allows injured workers up to two years from the date of injury to file a claim if their employer or insurer does not cooperate.

Understand The Benefits Available

Workers’ compensation benefits include:

• Medical Expenses – Coverage for doctor visits, surgeries, medications, and rehabilitation.
• Lost Wages – Temporary Total Disability (TTD) benefits for those unable to work during recovery.
• Permanent Disability – Permanent Partial Disability (PPD) or Permanent Total Disability (PTD) benefits if the injury leads to long-term impairment.
• Vocational Rehabilitation – Training for workers who cannot return to their previous job.

Wisconsin Workers’ Comp Frequently Asked Questions

What Should I Do If My Employer Refuses To Report My Injury?

If an employer refuses to report an injury, the worker can file a claim directly with the Wisconsin Department of Workforce Development (DWD) under Wis. Stat. § 102.17. Documenting the injury and seeking medical attention can strengthen the claim.

Can I Choose My Own Doctor For Treatment?

Yes, Wisconsin law allows injured workers to choose their own doctor. However, Wis. Stat. § 102.42 states that workers may need to see an employer-approved doctor for independent medical evaluations (IMEs).

What Happens If My Workers’ Compensation Claim Is Denied?

If a claim is denied, workers have the right to appeal the decision through the Wisconsin Division of Hearings and Appeals. Providing additional medical records and legal representation can help challenge a denial.

Can I Receive Workers’ Compensation If I Am At Fault For My Injury?

Yes, workers’ compensation is a no-fault system, meaning workers can receive benefits even if they contributed to their own injury, as long as it occurred while performing job-related duties.

What If A Third Party Caused My Construction Accident?

If a third party (such as a subcontractor, manufacturer, or property owner) caused the injury, the worker may be able to file a personal injury claim in addition to receiving workers’ compensation.

How Long Do I Have To File A Claim?

Workers must report injuries within 30 days under Wis. Stat. § 102.12, but they have two years to file a formal claim if their employer does not report it.

Will My Workers’ Compensation Benefits Cover All My Lost Wages?

Workers’ compensation typically covers two-thirds of lost wages.

Can I Be Fired For Filing A Workers’ Compensation Claim?

It is illegal for an employer to retaliate against a worker for filing a claim. Workers who face termination or discrimination for a work injury should seek legal assistance immediately.

Can I Receive Workers’ Compensation Benefits If I Return To Work With Restrictions?

Yes, if you return to work with restrictions but earn less than before your injury, you may be eligible for Temporary Partial Disability (TPD) benefits under Wis. Stat. § 102.43. These benefits help cover a portion of the wage difference between your pre-injury earnings and your reduced earnings due to work limitations.

What Should I Do If My Employer’s Insurance Company Pressures Me To Settle My Claim?

Insurance companies often push injured workers into settlements that may not fully cover long-term medical costs or lost wages. Before accepting any settlement, you should consult an attorney to review the terms and to make sure you are receiving fair compensation. Once a settlement is finalized, you may not be able to seek additional benefits later.

Contact Our Milwaukee Workers’ Comp Attorneys For Your Free Consultation

At Gillick, Wicht, Gillick & Graf, we help construction workers in Janesville and throughout Wisconsin secure the benefits they deserve. Workers’ compensation laws are designed to protect injured employees, but insurance companies often challenge legitimate claims. If you have suffered an injury on a construction site, we can fight for your rights and ensure you receive the compensation you need.

Contact our Milwaukee workers’ comp attorney at Gillick, Wicht, Gillick & Graf by calling 414-257-2667 to receive your free consultation. Our Milwaukee office serves clients across Wisconsin, helping injured workers secure fair compensation and get back on their feet.