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In Wisconsin, injured workers have the right to receive wage loss benefits and medical treatment for their injury, regardless of who caused the injury, as long as it was not self-inflicted to obtain benefits or occurred during horseplay or fighting that the injured worker instigated. However, the process of obtaining these benefits can be confusing and overwhelming.
A Green Bay workers' compensation lawyer from Nicolet Law Accident & Injury Lawyers fight for your delayed or denied benefits. Contact Nicolet Law Accident & Injury Lawyers today.
In Wisconsin, most employers must provide workers’ compensation, a form of no-fault insurance policy that compensates for wage loss, medical treatment, and other benefits to individuals who have suffered a work-related injury.
This policy takes effect on the first day of the worker’s employment and the state requires it of employers who:
Injured workers in Wisconsin can seek the following benefits after a work-related injury:
Note that a medical provider determines your disability status—not you, your employer, or the insurance company providing your employer’s workers’ compensation policy.
If you have experienced an injury in a workplace accident in Green Bay, these are the steps to filing a workers’ compensation claim:
Yes. Like other insurance providers, those administering workers' compensation policies for Green Bay employers can deny coverage of benefits in certain instances and will investigate to prevent fraud.
Some of the reasons include:
If your employer has denied your workers’ compensation benefits, you can request a hearing before the Workers’ Compensation Division of the Wisconsin Department of Workforce Development. You can request the forms for the hearing through the division, and when you have submitted these completed forms, your case will go to an administrative law judge.
If you do not have legal representation, the division will generally request that you attend an informal mediation with your employer and the employer's insurance provider. Suppose you cannot settle. In that case, the administrative law judge will preside over the hearing, where you must provide medical documentation and other evidence of how your injury occurred. If the administrative law judge denies your claim, you have 21 days from that denial to appeal your claim before the state Labor and Industry Review Commission. This appeal begins when you file a petition with the commission.
If you are still not satisfied with the outcome following your appeal, and there is a legitimate question of the law, you can appeal the decision through the Wisconsin circuit court. This option is only available for questions of the law, however, not for dissatisfaction with the outcome of your claim.
Employers can also appeal workers' compensation decisions if they feel you do not deserve the benefits the insurance company granted you.
The provision of a workers’ compensation policy generally bars an employee from filing a personal injury lawsuit against an employer due to a workplace injury. However, there are a few circumstances in which the personal injury claims process is the right avenue to obtain compensation for a workplace injury, such as when the injury results from third-party negligence.
Third-party negligence means that someone else who is not your employer or coworker exhibited careless or reckless behavior that caused you to become injured on the job.
Examples of circumstances where this comes into play include:
Many people believe that if state law requires your employer to provide you with a workers' compensation policy and does not, you can seek compensation through a personal injury claim. However, the Wisconsin Department of Workforce Development notes that the injured worker should file their claim to the Uninsured Employers Fund (UEF) in these circumstances. This statewide fund pays the valid claims of injured workers whose employers failed to obtain the required insurance. Penalties collected from employers who fail to comply with the workers' compensation requirement fund the UEF.
To file a claim with the UEF, you must complete a fund application and provide required documentation about your injury and employer. The claimant must also provide relevant documentation such as payroll checks, check stubs, bank records, tax statements, and other information that will assist fund administrators in determining whether the employer is liable for the injury. You must also document medical treatment, vocational services, and other expenses if they are related to the claim.
Nearly 60,000 workplace injuries took place in Wisconsin in one year. This means about 3.1 injuries per 100 full-time equivalent workers—much higher than the national average of 2.7. More than 1,700 of these injuries resulted in days missed from work, a transfer to another job to accommodate the injury, or restrictions placed on the duties the worker could perform.
Some of the most common workplace injuries include:
If you experienced an injury in an accident, inform your supervisor and seek immediate medical treatment. If you have difficulties with your workers' compensation claim, the first thing to do is seek guidance from a Green Bay workers' compensation lawyer. Workers' compensation appeals are often challenging to understand, and a simple error can result in a loss of your right to appeal or seek benefits.
Our lawyers can tell you about the workers' compensation claims process, determine if you need to appeal a decision, and assist with other matters. For your free case evaluation, contact Nicolet Law Accident & Injury Lawyers online or call (920) 504-3655. Reach out to Nicolet Law Accident & Injury Lawyers today to get started.
2300 Riverside Dr, Suite 105
Green Bay, WI 54301