How Long Does It Take To Get Workers’ Compensation?

workers compensation

If you were hurt while in the course of executing the responsibilities of your job, and your injuries require medical attention and time away from work, you have the right in the state of Wisconsin to file a claim for workers’ compensation. With few exceptions, all businesses are required to carry workers’ compensation insurance for their employees. Workers’ compensation is a system that allows injured workers who are injured while on the job to have their medical treatment paid for and potentially, a portion of their wages.

Even though it is required that businesses have workers’ compensation insurance, having the coverage actually benefits both the employee who was injured and their employer. This is so because the workers’ compensation system is designed to help injured workers quickly get the medical treatment they need and have it paid for.

Also, when injuries are severe and employees must spend time away from work to recover, they can still secure some of their wages. Meanwhile, employers are, for the most part, spared from having a civil suit filed against them by their injured worker.

Length of Time an Injured Worker Must Wait to Get Benefits

When it comes to medical treatment and care, that is immediately covered under the workers’ compensation system. Typically, an injured worker will inform their employer or manager about their injury as soon as they realize they are hurt. The Wisconsin Department of Workforce Development states that an employee has the right to select the doctor they choose to have their injuries examined, diagnosed, and treated. In an emergency situation, though, if an employee who is injured needs rapid and immediate medical attention, their employer can act to get them that care. Then, after the situation is no longer at an emergency level, the employee retains their right to choose a doctor if any further medical care is necessary.

In terms of recovering lost wages, these benefits do not begin instantaneously. Under Wisconsin workers’ compensation state statutes, temporary disability benefits do not start right away. Employees that have an injury lasting for seven days or less must wait three days before collecting benefits.

More severe injuries that last longer than seven days have no waiting period for Wisconsin workers’ compensation benefits. The payments that will be made are all of those days that an employee was not able to work minus the day the actual injury accident took place.

As long as your doctor has not permitted you to go back to work, you can receive benefits. But once your doctor determines that you are well enough, or have reached what is called Maximum Medical Improvement or an end of healing, then benefits will cease. If, however, your physical bodily harm is permanent, your doctor will determine a percentage of how disabled you are and benefits will be administered in accordance with this amount.

Timeline of Filing a Wisconsin Workers’ Compensation Claim for Non-Disputed Cases

Injured employees that file their claim without dispute can expect the following timeline:

  • The injury accident takes place and the employee informs their employer of the incident.
  • The injured employee sees a qualified and licensed medical provider obtain treatment.
  • If continued medical treatment is needed, the employee should follow the recommendations and prescriptions of their doctor.
  • The employer contacts their workers’ compensation insurance provider and files a report. This must happen no longer than seven days after the workplace injury incident was reported.
  • By day 14, the worker’s compensation insurance company submits the injury incident report to the Workers’ Compensation Division.
  • The injured employee receives information from the Division.
  • The workers’ compensation insurance company sends for the injured employees medical reports from the examining doctor.
  • The insurance provider connects with the injured employee to get their account of the injury accident they experienced. Do not give a recorded statement or sign any statement.
  • When the claim is accepted, benefits for lost wages will start being dispensed to the injured worker.
  • After 30 days, the injured worker’s employer or their employer’s insurance provider must inform the Division that payment has started or that it has not along with an explanation of why payments have not been made.
  • For undisputed claims, an injured worker can expect a first check to arrive 15 days from the date that they were injured while on the job.

There are many steps to take after a workplace injury accident. Dealing with a workers’ compensation insurance adjuster is nothing to take lightly. The primary job of an insurance adjuster is to retrieve deleterious information from a claimant to use as a way to reduce payment and outright deny claims. This is why it is in the best interest of an injured worker to have the support of a qualified and experienced legal professional. In Milwaukee, the Milwaukee workers’ compensation lawyers at Gillick, Wicht, Gillick & Graf are dedicated to helping injured people secure justice and get the most out of their personal injury claims.

What Injuries Are Covered Under the Wisconsin Workers’ Compensation System?

In the state of Wisconsin, injured workers are entitled to make a workers’ compensation claim in the following situations:

  • An injury accident results in physical bodily harm like lacerations, bone fractures, sprains, amputations, and much more.
  • Mental degradation and trauma such as hysteria or issues with the nervous system took place. When emotional shock develops, this too can be covered. But, it must be shown that the psychological toll is considerable and more than simple mental strain.
  • The development of a disease from chronic exposure to a toxic work environment. Pneumonia and lead poisoning are examples.

Meet with a Milwaukee Workers’ Compensation Attorney Today

Recovering from workplace injuries is stressful and taxing for anyone. Also trying to figure out how to navigate the Wisconsin workers’ compensation system while handling challenges by insurance adjusters is a tall order for injured workers. The talented team of Wisconsin workers’ compensation attorneys at Gillick, Wicht, Gillick & Graf can help. To schedule a free, no-obligation consultation to discuss your case, please call 414-257-2667 today.