What To Do After a Wisconsin Work Injury
Were you injured on the job recently in Milwaukee or elsewhere in Wisconsin? You may be eligible for workers’ compensation, but there are several things you need to do after your injury, which are described in this article. If you think you have a workers’ comp case, talk to our Wisconsin workers’ compensation attorneys at Gillick, Wicht, Gillick & Graf today for legal advice.
Who Is Covered By Workers’ Compensation In Wisconsin?
The Wisconsin Workers’ Compensation Act protects all workers employed in organizations with three or more employees. The law also covers companies with fewer than three employees if they pay their workers $500 or more in any quarter of the year. Farm workers are also protected under the law if the employer has at least six or more workers on at least 20 days in a calendar year. These provisions mean that the workers’ compensation law covers most workers in the state. Injuries that are covered by workers’ compensation in Wisconsin include:
- Physical injuries
- Mental injuries
- Accidental injury
- Occupational disease
If you are injured on the job in Wisconsin, you must report it to your employer to receive workers’ comp benefits. Even if it is a minor injury, you should report it because it could become a more severe injury later. It is essential to report the injury to your employer promptly or the organization could suspect the injury did not happen on the job. You should give your notice to the employer within 30 days of the injury, but you can still provide notice within two years of the injury.
Another aspect of the law to be aware of is the three-day waiting period. This rule is in place to eliminate minor claims for temporary disabilities and requires a three-day waiting period to receive benefits for injuries that last seven days or less. Note that Sundays are only part of the three days if you usually work on Sundays.
If you cannot work after the seventh day of injury, you will be compensated for the whole period, including the initial three days. Compensation for your lost time includes all disability days up to that date but does not include the date you were injured.
Also, note that workers’ comp coverage in Wisconsin is no-fault. It does not matter if the injury was your fault. As long as the incident happened at work, you can receive workers’ comp benefits.
What You Need To Do After A Workplace Injury
Most workers who are hurt in Wisconsin on the job can receive benefits while they recover. But they need to take several actions to ensure they receive benefits:
Tell Your Employer As Soon As Possible
The sooner you tell your employer about the injury, the better for your case. If you delay informing your employer about the injury, the claim becomes more complicated and your employer’s insurance company may ask question the claim. Ask our Wisconsin workers’ comp attorneys for assistance if you have issues when you report the injury.
Submit To Medical Treatments
You are allowed under Wisconsin law to choose your treating physician for your injuries. You want to get medical treatment as soon as possible so that your injuries can be confirmed, and so they can be verified to be related to your job. You must also go to an evaluation by the worker’s compensation insurance carrier’s doctor if they request it. This is known as an Independent Medical Exam or IME.
Tell The Physician How And Where The Injury Occurred
You must also tell the doctor treating you how the injury happened and if you think it was related to your job. Again, providing this information to your employer before you begin treatment is helpful.
Follow Your Physician’s Advice
You must always do what your doctor says when you are being treated for workplace injuries. If you do not follow the treatment plan or do not show up for appointments, these things could be blamed for you not recovering as you should, and your benefits could be at risk.
Also, you need to go back to work for light-duty duties if that is what your doctor says to do. However, you also should stay home and continue to recover if your doctor recommends it; going back to work before your physician authorizes it also can cause problems with receiving benefits.
What Should You Do If Your Workers’ Comp Claim is Denied?
The insurance company may deny your claim if they think the injury did not occur the way you said it did. They also may deny your claim if they think your injury is pre-existing or degenerative. The most common way Insurance Carriers deny claims is by sending you to an Independent Medical Exam (IME) and the doctor they hire says your injury is not work related. If this happens you should contact the lawyers at Gillick, Wicht, Gillick & Graf.
Contact Our Wisconsin Workers’ Compensation Attorneys Today
There is little doubt that the complexities of a workers’ comp claim can be confusing for the typical worker. While you can handle your claim, having an attorney help you through the process is often helpful. Our Wisconsin workers’ compensation attorneys at Gillick, Wicht, Gillick & Graf can help with your claim, so call today at (414) 257-2667. Our attorneys will review your case at no cost and tell you if they can help. There is no fee until you receive benefits.