Wisconsin Workers’ Comp Lawyer

One of the first questions all injured workers have is: How will I afford it? After being hurt in a workplace accident or diagnosed with a work-related illness, you are left wondering how you will take care of the medical bills and lost wages while you are away from work. The answer to this question is often workers’ compensation insurance. Wisconsin understands that many people put their safety and health at risk while at work. To protect you, the state requires employers to purchase workers’ compensation insurance. If you are wondering how to make a claim or believe you have not received the benefits you are entitled to, contact our Wisconsin workers’ compensation lawyers at Studinski Law, LLC right away.

Call us at (715) 343-2850 today and schedule a free consultation.

Workers’ Compensation Coverage in Wisconsin

Wisconsin requires a majority of employers to purchase workers’ compensation insurance for their employees. However, there are exceptions to coverage. You may not have workers’ compensation insurance if you are a domestic servant, farm worker, volunteer, certain religious group members, or if you are covered by another law, such as federal workers’ compensation.

If you go to your employer to make a claim regarding an injury or illness and you are told there is no coverage, you have the right to check whether your employer is complying with the law. Contact Studinski Law, LLC right away.

Making a Workers’ Compensation Claim

To make a workers’ compensation claim in Wisconsin, you must report a work-related accident or injury to your employer as soon as possible. Realistically, this means telling a member of management, not simply a coworker. Wisconsin law gives you up to two years to file a claim for workers’ compensation benefits. However, you are generally expected to inform your employer of an injury or illness within 30 days of the accident or diagnosis.

The sooner you notify management the better. The longer you wait the more difficult it may be to prove your injury or illness is directly related to your employment and work duties. If you are unsure of whether you should go to your employer about a condition or if you have already run out of time, speak with an attorney right away.

The Workers’ Compensation Claim Process

Once you have notified your employer of your work-related injury or illness, or once your employer has actual knowledge of your condition, the company has seven days to notify its workers’ compensation insurance carrier. This is your employer’s responsibility, not yours. You are not required to make an insurance claim with this provider. It is then the insurance providers’ duty to report the claim to the Wisconsin’s Workers’ Compensation Division (WC Division). Within 30 days, the insurer must provide WC Division with a supplemental report and wage information supplement, regarding the benefits it pays out to you.

If the workers’ compensation claim is based on a fatality, the employer is required to notify the insurer within 24 hours of learning about the death. The employer is also required to report the death to the WC Division in writing within 24 hours.

Appealing a Denied Workers’ Compensation Claim

If your employer or its workers’ compensation insurance provider has denied any workers’ compensation benefits or is not providing all of the benefits you believe you are entitled to, you have every right to dispute the outcome of your claim. The WC Division encourages disputed claims to be dealt with through mediation. You have the right to seek legal representation. An attorney can contact your employer, insurance provider, and the WC Division regarding the dispute.

If informal mediation does not lead to the resolution you are looking for, then you have the right to file for a formal hearing before an administrative law judge (ALJ). You have a certain period of time following the date of your injury or from the date of your last compensation payment to file a formal hearing request with the WC Division. The division will schedule your hearing and all of the parties involved will be give the date, time, and location.

You may go through a formal hearing and still disagree with the decision. If so, you have the right to dispute the ALJ’s decision with the Labor Industry Review Commission (LIRC). You must file a petition for a review with the LIRC shortly following the ALJ’s decision.

If you disagree with the LIRC’s decision, you may appeal to the circuit court. If you wish to move your workers’ compensation claim dispute from the administrative setting to the courts, you must file an action in the circuity court where you live shortly after the LIRCS’s decision.

You, or the other party, can appeal the circuit court’s decision to the court of appeals. And if you believe the outcome does not coincide with your legal rights, you may appeal to the Wisconsin Supreme Court.

Workers’ Compensation Benefits

Depending on the type and severity of your injuries, you may be entitled to:

• Medical care
• Wage loss
• Loss of earning capacity
• Temporary partial (TPD) or total disability (TTD)
• Permanent partial (PPD) or total disability (PTD)
• Disfigurement
• Vocational training
• Burial expense
• Death benefits

While almost all workers’ compensation claims result in medical care and wage loss benefits, only more significant and catastrophic injuries will lead to other potential benefits. Whether you are entitled to temporary or permanent disability payments may depend on your physicians’ records and whether you make a good faith attempt to find some other appropriate employment. If you can prove that you are unable to find a job because of your work-related disability, then you can request additional workers’ compensation benefits.

Contact Our Wisconsin Workers’ Comp Lawyers Today

If you have trouble obtaining the workers’ compensation benefits you believe you are entitled to, do not hesitate to call us at Studinski Law, LLC at (715) 343-2850. We are here to review your situation, explain your rights, and fight, so you receive appropriate compensation. We have years of experience working with various employers and insurers to efficiently resolve workers’ compensation claims. But, if mediation is not enough, we are prepared defend you before the WC Division or in court.