If you’ve been injured on the job in Wisconsin, it is up to you to protect your legal rights. While you may be entitled to workers’ compensation, your employer isn’t going to pay voluntarily—and it might even dispute your claim for benefits.
With this being the case, one of the most important things you can do is learn what it takes to protect your legal rights after an injury on the job. Here is an overview of some of the key facts you need to know:
Key Fact #1: Wisconsin Has Strict Deadlines for Workers’ Compensation Claims
The first thing you need to know is that Wisconsin has strict deadlines for workers’ compensation claims. These deadlines can be confusing—and they can be different in different circumstances—so it is generally best to file your workers’ compensation claim as soon as possible.
As the Wisconsin Department of Workforce Development (DWD) explains, “[y]ou should act to notify your employer and get medical attention without delay.” As it goes on to explain, “[a] delay may negatively affect your health and may even jeopardize your potential worker’s compensation benefits. . . . [and f]ailure to report your injury/illness to your employer within two years could result in your claim for worker’s compensation benefits being denied.”
While the deadline for filing a workers’ compensation claim can be extended to six years—or even 12 years—in some cases, you do not want to wait any longer than necessary to assert your legal rights. You should report your injury to your employer promptly; and, if you have questions or concerns about reporting your injury, you should talk to an experienced workers’ compensation lawyer right away.
Key Fact #2: Employers Dispute Their Employees’ Claims for Benefits in Many Cases
One of the reasons why it is important to file your workers’ compensation claim promptly is that your employer might dispute your claim for benefits, as we mentioned above. If you wait to file, this will give your employer an excuse to argue that your injury might not be work-related. If you can’t prove that you are eligible for benefits, you won’t receive the benefits you deserve.
Along with filing your workers’ compensation claim promptly, there are some additional steps you can take to help maximize your chances of securing the full benefits you deserve. These include taking photos of the accident scene and/or your injuries with your phone, taking detailed notes, and seeing a doctor as soon as possible.
Key Fact #3: You Can (and Should) Choose Your Doctor
Under Wisconsin law, you have the right to choose your doctor when you need treatment for a job-related injury. Unlike other states, in Wisconsin, your employer cannot tell you where to go for treatment. The Wisconsin DWD makes this clear, stating:
“When a worker reports an injury, the employer shall offer the worker the right to select a doctor of the worker’s choice for treatment. The employee may select any physician, psychologist, chiropractor or podiatrist licensed to practice in Wisconsin.”
When you have a workers’ compensation claim (or think you might have a workers’ compensation claim), you should be sure to tell your doctor that your injury is related to your employment. This way, your doctor can note the cause of your injury in your medical records, and this can help with your claim for benefits.
If you decide to see a different doctor for any reason, you are allowed to make one change without your employer’s approval. But, “[a]fter changing doctors once, any further change may be made only by mutual agreement between the employee, employer and [the employer’s] insurance carrier.”
Key Fact #4: Your Employer Should File a Claim with Its Insurance Carrier
One of the first steps you need to take when you have a workers’ compensation claim in Wisconsin is to notify your employer. This initial notification does not need to be in any specific form, though you should make sure it is in writing; and, if your employer has an incident report form, you should fill out the form as completely and accurately as possible.
Once you report your injury, your employer should file a claim with its insurance carrier. Under Wisconsin law, employers have seven days to file a claim after learning of an on-the-job injury. Once an insurance carrier receives a claim, it then has 14 days to file a report with the Workers’ Compensation Division of the Wisconsin DWD.
You should keep track of these deadlines to the best of your ability (or hire a workers’ compensation lawyer to keep track of them for you). If your employer or its insurance carrier does not timely process your claim, you may need to take further action to collect the benefits you deserve.
Key Fact #5: You Will Need to Be Careful to Ensure You Receive Full Workers’ Compensation Benefits
Even if your employer files a timely claim, this does not necessarily mean that you will receive full benefits. Various issues can still arise at this stage. For example, your employer (or its insurance carrier) may question whether your injury is truly job-related or whether you exacerbated your injury by waiting to seek treatment.
If you have a claim for workers’ compensation benefits, you are entitled to coverage for your medical costs from the date you were injured, and you are entitled to disability benefits if you miss four or more days from work. These benefits should continue for the duration of your eligibility. However, employers (and their insurance carriers) frequently attempt to prematurely terminate employees’ benefits as well—and this is another important factor you will need to keep in mind as you move forward.
Speak with an Experienced Workers’ Compensation Lawyer in Madison, WI
Are you entitled to workers’ compensation benefits for a job-related injury? If you have questions about protecting your legal rights, we invite you to get in touch. To schedule a free consultation with an experienced workers’ compensation lawyer in Madison, call 608-291-7609 or request an appointment online today.
The post 5 Key Facts About Workers’ Compensation Claims in Wisconsin: Deadlines, Notice Requirements, and More appeared first on Mays Law Office.