Should You File for Workers’ Compensation After an On-the-Job Injury in Wisconsin?

You were injured on the job. Should you file for workers’ compensation? This is an extremely common question. On-the-job injuries happen all the time, and most workers are not familiar with their rights under Wisconsin law.

While the answer to this question ultimately depends on your specific circumstances, it will be a clear, “Yes,” in many cases. Most workers in Wisconsin are eligible to file for benefits when they get injured on the job. Keep reading to learn more about your legal rights in Wisconsin—and then contact us for a free, no-obligation consultation about your claim for benefits.

7 Important Facts About Filing for Workers’ Compensation in Wisconsin

What do you need to know about your legal rights if you were injured on the job? Here are seven important facts about filing for workers’ compensation in Wisconsin:

1. If You Are an Employee, You Should Be Covered

First and foremost, if you are an employee, you should be covered. In Wisconsin, employers are required to provide workers’ compensation coverage if they pay gross wages of $500 or more in any calendar quarter. This covers essentially all employers in the state. It covers out-of-state employers with employees in Wisconsin as well.

There is a distinction between employees and independent contractors—and, while employees are generally covered, independent contractors generally are not. If you are classified as an independent contractor, you may not be eligible for workers’ compensation benefits, although it may still be worth talking to a lawyer to make sure you have been classified appropriately.

2. If You Are Covered, You Have the Right to File for Benefits

If you are covered under your employer’s workers’ compensation plan, you have the right to file for benefits. The workers’ compensation system exists specifically to protect employees who get injured on the job, and your employer cannot try to prevent you from asserting your legal rights.

Importantly, this does not necessarily mean that your employer will accept your claim. In many cases, employers will dispute their employees’ claims in an effort to protect their bottom lines. The risk of facing issues with your claim is one of several reasons why it is important to have an experienced workers’ compensation lawyer on your side.

3. Your Employer Cannot Legally Retaliate Against You for Seeking Benefits

Just as your employer cannot try to prevent you from asserting your legal rights, it also cannot retaliate against you for seeking benefits. This is clear under Wisconsin law. If your employer retaliates against you illegally, your lawyer may be able to help you recover additional compensation.

Retaliation can take many forms; and, as an employee, it is important to know when you are (or might be) a victim. Firing you, demoting you, reassigning you, and reducing your pay are all examples of actions that could constitute retaliation. If you experience any of these after filing for benefits without a seemingly valid justification, you will want to discuss your options with your lawyer promptly.

4. Workers’ Compensation Covers Your Medical Costs Right Away

In Wisconsin, workers’ compensation covers your medical costs from the day you get injured. You have the right to choose your own doctor under Wisconsin law—your employer cannot tell you were to go. If you are not satisfied with the doctor you choose, you can change your doctor once without your employer’s approval. But, after the first change, “any further change may be made only by mutual agreement between the employee, employer and insurance carrier.”

A challenge that many injured workers face is deciding when to return to work. As the Wisconsin Department of Workforce Development (DWD) explains:

“If you have been advised by the doctor to return to work, an attempt should be made to return to the job even if you may not feel 100% up to it. By returning to work as directed by your doctor, you will be in a stronger position to obtain additional benefits if you attempted to return than if you refused an offer of work.”

Of course, returning to work too soon can be risky—as it can potentially lead to additional costs, pain, and complications that could (and perhaps should) have been avoided. If you have questions about whether you should return to work, your lawyer can help you make an infor