If you get injured at work or contract illness as a direct result of your job, you could be eligible for a workers' compensation benefit.
Unfortunately, every year, twice as many workers' compensation claims are denied than are approved.
A claim can be denied for either of the following three reasons:
- The workers' compensation claim is unfounded.
- The worker and their employer don't follow the required process.
- Mistakes happen in the claim procedure.
In this article, you'll see how to correctly file a workers' compensation claim in Wisconsin and what mistakes to avoid.
How to File a Workers' Compensation Claim in Wisconsin
The first and immediate step after getting injured at work is to inform your employer, no matter how minor the injury may seem.
Your next step should be to seek medical attention and describe to your doctor vividly how the accident happened and how intense the pain was. It is essential since you'll be required to file a doctor's report and medical bill in your claim.
Once you get a report from your doctor, be sure to inform your employer of the nature of your injury and any work restrictions. Your employer should immediately contact their workers' compensation insurance company and inform them about your claim.
Your employer's insurance company is then supposed to report the injury or illness to the Wisconsin Workers' Compensation Division. It helps them establish direct contact with you, the injured worker.
If your employer's insurance company fails to contact you within two weeks of the accident, consider talking to a workers' compensation lawyer. They should advise you on how to seek a response and help you sort out any related problems.
Mistakes to Avoid an Injured Worker in Wisconsin
In your workers' compensation claim, the following are errors to avoid an injured or ill worker in Wisconsin.
Failing to report the injury to your employer immediately
Workers should inform their employer in writing 30 days within the day of the accident or 30 days after noticing the occupational illness. Waiting beyond this window weakens your claim.
Not seeking medical attention or failing to follow the doctor's advice
A workers' compensation claim is baseless without a clear and verified doctor's report. Without it, the injury may appear fake, weakening your claim's credibility. In the same case, failing to follow the doctor's recommendation may make your injury seem trivial and not severe enough to warrant benefits.
Talking to your employer's insurance company representative directly
Insurance company representatives are there to protect your employer from compensating you. If they contact you looking for information to use against you later on, be as discrete as possible about the nature of your illness/ injury.
Agreeing to a quick settlement
When a representative from the insurance company calls with a settlement offer, you do not accept. It is an old trick to save as much money as possible through unfair compensation. As these offers are final once accepted, try to be as informed as possible about your compensation rights.
Failing to consult an experienced workers' compensation lawyer
If you're unfamiliar with your rights as a worker in Wisconsin, be sure to hire an experienced lawyer to negotiate your case.
FAQs about Workers' Compensation Claims
Q: What qualifies as an injury?
A: The Wisconsin Workers' Compensation Division classifies psychological injuries, occupational diseases, and accidental injuries as compensable injuries.
Q: What should I do first when I get injured?
A: If you get injured at work, the initial step should be to inform your employer and seek medical help.
Q: How do I receive compensation?
A: Your employer's workers' compensation insurance provider is responsible for paying for any eligible benefits and compensation.
Q: What can a lawyer do regarding my claim?
A: A lawyer is valuable if you don't know your rights as a worker. He can negotiate a suitable settlement or, preferably, compensation on your behalf.
At Bykhovsky Law LLC, we represent clients all over Wisconsin and have extensive experience and expertise to handle even complex cases and get you the help you need. If you have been hurt on the job and require legal assistance from a reputable attorney, don't hesitate to contact us.
Get in Touch for a free consultation on workers' compensation Wisconsin.
