Wisconsin Workers’ Compensation Attorney
We Fight to Protect the Rights of Injured Workers in Wisconsin
At Fitzpatrick, Skemp & Butler, LLC, our Wisconsin workers’ compensation lawyers are committed to providing reliable, justice-driven legal representation to injured workers. With experience handling workers’ comp claims and workers’ comp appeals, our law firm knows how to get results. If you or your loved one was hurt on the job, we are here to help you with a workers’ comp claim or workers’ comp appeal. To set up a free, no obligation consultation with a top Wisconsin work injury attorney, please contact us today.
Know the Steps to Take If You are Hurt on the Job in Wisconsin
Were you hurt on the job in Wisconsin? You may be feeling stressed out, overwhelmed, and unsure of what needs to happen next. It is imperative that you know the right steps to take to protect your health, emotional well-being, and your legal rights. Here are three key things that injured workers should always do after a job-related accident in Wisconsin:
- Seek Immediate Medical Attention for Any Injuries: Medical needs come first. All workers in Wisconsin have the right to see a doctor after an on-the-job accident. Your well-being is a priority, and any delay can exacerbate your injuries and potentially complicate your claim. You cannot obtain workers’ comp benefits in Wisconsin if you have not seen a doctor. Medical records form an important part of evidence in the claims process.
- Notify Your Employer of the Accident/Incident: Be sure to notify your employer of a work-related accident right away. As explained by the Wisconsin Department of Workforce Development, all workers must notify their employer of a job-related injury within 30 days. If you fail to notify your employer of an accident, you may not be able to recover workers’ compensation benefits at all. Be proactive.
- File for Workers’ Compensation Benefits: It is important to emphasize that reporting your accident to your employer is not the equivalent of filing for workers’ compensation benefits. Your employer should provide you with the proper claims form. If you have any specific questions or concerns about filing for workers’ comp benefits, our Wisconsin work injury attorneys can help.
An Overview of the Workers’ Compensation Laws and Claims Process in Wisconsin
A workplace injury can disrupt your entire life. Workers’ compensation benefits exist to help ensure that injured workers are able to support themselves and their family after an accident. Here are some of the most important things that injured workers should understand about the workers’ comp laws and the workers’ comp claims process in Wisconsin:
- Most Employers in Wisconsin Must Provide No-Fault Workers’ Comp Coverage: In Wisconsin, almost all employers are legally mandated to carry workers’ compensation insurance. The law applies to both public and private employers. Notably, our state requires no-fault workers’ comp insurance benefits. In other words, an employee who was hurt on the job does not have to prove that the employer was at fault for the injury or illness in order to receive benefits.
- Workers’ Comp is Generally an Exclusive Remedy (Against One’s Own Employer): While workers’ compensation provides no-fault benefits in Wisconsin, it is important to understand how the “grand bargain” works. Injured workers generally cannot file a personal injury lawsuit directly against their own employer. A workers’ comp claim is a sole remedy. However, that does not prevent injured workers in Wisconsin from taking legal action against a negligent third party, such as a contractor, subcontractor, property owner, or equipment manufacturer.
- Injury or Illness Must Arise from the Course and Scope of Employment: Under Wisconsin law (Wis. Stat. § 102.03(1)), workers’ compensation coverage applies when the injury or illness arises out of employment. In other words, the employee must have been performing duties that are part of their job or acting in the employer’s interests when the injury or illness occurred. This includes injuries that happen not only at the workplace but also at other locations that were off of the employer’s premises.
- A Wide Range of Workers’ Compensation Benefits are Available: Workers’ compensation benefits in Wisconsin are extensive and designed to cover a range of needs that an injured worker might face. To start, medical benefits cover all reasonable and necessary medical treatments, prescriptions, and hospital stays. Next, disability benefits may also be recovered. These benefits are intended to compensate for lost wages. They are classified as either temporary or permanent and partial or total, depending on the severity and duration of the injury or illness. Other benefits may be available through Wisconsin workers’ compensation claims as well, including for vocational rehabilitation.
- You Have the Right to Appeal a Workers’ Comp Denial in Wisconsin: Unfortunately, some injured workers struggle to get the full and fair benefits that they deserve. If a workers’ compensation claim is denied in Wisconsin, you have the right to appeal. The first step in the appeal process is to contact the Workers’ Compensation Division to request a review. If the decision is not reversed, the worker can then appeal to the Labor and Industry Review Commission (LIRC). During the appeal process, the employee can present new evidence, call witnesses, and argue their case. Do not go it alone: Consult with a Wisconsin workers’ compensation appeals lawyer as soon as possible after a denial.
Workers’ Compensation in Wisconsin: Frequently Asked Questions (FAQs)
What are the Most Common Reasons Why Workers’ Comp Claims Are Denied?
Workers’ comp claims in Wisconsin may be denied for several reasons, including lack of medical evidence supporting the injury claim, the injury did not occur during the course of employment, the employee failed to notify their employer promptly, or the claim was filed after the employee left the job. Beyond that, claims might be rejected if the injury is not considered compensable under Wisconsin law, such as stress-related conditions without a clear physical manifestation.
How are Workers’ Comp Wage Loss Benefits Calculated in Wisconsin?
In Wisconsin, workers’ compensation wage loss benefits are designed to replace a portion of the wages lost due to a work-related injury or illness. Temporary Total Disability benefits (TTD benefits) are available to injured workers who are unable to work while recovering. In general, TTD benefits equal two-thirds of the worker’s average weekly wage (subject to a maximum limit set by Wisconsin law). If you have any specific questions or concerns about how much workers’ comp benefits that you can recover, our Wisconsin workers’ comp lawyers can help.
Can I Still File for Workers’ Comp Benefits If I Was Injured Outside of My Employer’s Premises?
Yes. You can absolutely still file for and obtain workers’ comp benefits if your accident happened off of your employer’s premises. As long as the injury happened during the course and scope of your employment, you are generally covered. Some examples of off-site injuries could include performing work at a client’s site or traveling to run a work-related errand as instructed by your boss. In Wisconsin, the key element is that the injury must be work-related―the actual physical location of the accident/incident is not the material issue.
What is a Third Party Liability Claim for a Work Accident?
A third-party liability claim for a work accident in Wisconsin arises when an employee is injured on the job due to the negligence of a third party—meaning any party that is not their own employer. If you are injured at work due to defective equipment manufactured by another company, you might have a third-party liability claim against that company. A third party liability claim is a fault-based legal claim. It is wholly distinct from a workers’ compensation claim. An injured worker in Wisconsin can file for both workers’ comp benefits and a third party liability lawsuit.
Why Injured Workers Trust the Team at Fitzpatrick, Skemp & Butler
Workers’ compensation claims are complex. The right lawyer can make all of the difference. At Fitzpatrick, Skemp & Butler, LLC, we always go above and beyond to provide the highest level of personalized representation to injured workers and their families. With a history of successful verdicts and settlements in workers’ compensation cases, clients rely on us when it matters most. Among other things, our Wisconsin workers’ compensation attorneys are prepared to:
- Listen to your story and answer questions about your workers’ comp claim;
- Investigate the incident, gathering all of the documents, records, and information;
- Help you with all of the workers’ compensation paperwork; and
- Take whatever action is needed to help you secure the very best outcome.
Contact Our Wisconsin Workers’ Compensation Lawyers Today
At Fitzpatrick, Skemp & Butler, LLC, our Wisconsin workers’ comp attorneys have the professional expertise that you can trust. If you or your loved one was hurt on the job, we are here to help you secure the maximum financial compensation. Contact us today to set up your free, no obligation initial appointment with a top attorney. From our offices in Onalaska, La Crosse, and Eau Claire, we are well-positioned to handle workers’ compensation claims throughout Wisconsin.