Best Work Injury Lawyers in Wisconsin

About Work Injury Law in Wisconsin, United States

Work injury law in Wisconsin is primarily governed by the state’s workers’ compensation system. This legal framework is designed to ensure that employees who are injured while performing their job duties receive medical treatment and financial support regardless of fault. The purpose of these laws is to protect both workers and employers by providing a streamlined process for handling workplace injuries, avoiding the need for lengthy court battles. Employers in Wisconsin are typically required to carry workers’ compensation insurance, which covers most types of work-related injuries and occupational diseases.

Why You May Need a Lawyer

While the workers’ compensation system is supposed to be straightforward, many injured employees face unexpected challenges. Here are some common situations where legal assistance may be needed:

• Your claim is denied by the insurance company.
• You receive an inadequate settlement offer that does not cover all your medical bills or lost wages.
• Your employer disputes that your injury is work-related or pressures you not to file a claim.
• You experience retaliation or termination after reporting your injury.
• You have a pre-existing condition and are told it is not covered.
• You are having trouble accessing necessary medical treatment.
• Your injury results in permanent disability or significant long-term impairment.

A skilled work injury lawyer can help you understand your rights, gather necessary documentation, represent you in hearings, and fight for fair compensation.

Local Laws Overview

Wisconsin’s workers’ compensation laws set out the rights and responsibilities of both employers and employees. Key aspects include:

• Most employers must carry workers’ compensation insurance or be self-insured to cover workplace injuries.
• If you are injured on the job, you must report your injury to your employer as soon as possible, preferably within 30 days.
• Benefits typically include coverage for medical expenses, temporary and permanent disability benefits, wage loss payments, and in some cases, vocational rehabilitation.
• You generally cannot sue your employer for negligence, but you may be able to file a lawsuit against third parties who contributed to your injury.
• Certain types of workers, such as some farm employees and volunteers, may not be covered under the law.
• Disputes about benefits or eligibility can be resolved through the Wisconsin Department of Workforce Development or through legal appeals.

Frequently Asked Questions

What types of injuries are covered under Wisconsin's workers’ compensation law?

Most physical injuries, occupational illnesses, and diseases that occur as a direct result of your employment are covered. This includes accidents, repetitive motion injuries, and some pre-existing conditions that are aggravated by work.

Am I eligible for workers’ compensation if I caused my accident?

In most cases, yes. Wisconsin workers’ compensation laws are no-fault, meaning you can receive benefits regardless of who was at fault for the injury, with some narrow exceptions like intentional self-harm or intoxication.

How soon do I need to report my injury to my employer?

You should report your injury as soon as practical, ideally within 30 days of the incident. Failure to report promptly may jeopardize your ability to receive benefits.

Can I see my own doctor after a work injury?

In Wisconsin, you have the right to choose your own doctor for initial treatment. However, there are limits to changing doctors, so it’s important to notify your employer about your choice.

What benefits are available to me?

You may be entitled to medical expenses, compensation for temporary or permanent disability, wage loss payments, and vocational rehabilitation services if you cannot return to your previous job.

How is my compensation amount calculated?

Temporary disability benefits are typically calculated as two-thirds of your average weekly wage, up to a set maximum. Permanent disability benefits are determined based on the nature and extent of your impairment.

What if my employer does not have workers’ compensation insurance?

Most employers are required to have coverage. If your employer is uninsured, you may still be able to receive benefits through the state’s Uninsured Employers Fund.

Can I sue my employer for pain and suffering?

Generally, no. Workers’ compensation laws prohibit lawsuits against employers for most work-related injuries. However, you may have a separate claim against a third party (such as a contractor or equipment manufacturer) if their negligence caused your injury.

What should I do if my claim is denied?

You can appeal the denial through the Wisconsin Department of Workforce Development. It is often helpful to consult with a work injury lawyer to guide you through the appeals process.

How long do I have to file a workers’ compensation claim?

You must file your claim within 2 years of the injury, or within 12 years if no compensation has been paid and the employer is aware of the injury. Reporting your injury and starting the process promptly is always recommended.

Additional Resources

If you need more information or assistance with a work injury in Wisconsin, the following organizations and agencies can be helpful:

• Wisconsin Department of Workforce Development - Workers’ Compensation Division
• Work Injury Helpline for Wisconsin
• Local legal aid organizations and bar association lawyer referral services
• Occupational Safety and Health Administration (OSHA)
• The United States Department of Labor

Next Steps

If you have suffered a work injury in Wisconsin, here are the general steps you should take:

1. Notify your employer of your injury as soon as possible, both verbally and in writing if you can.
2. Seek immediate medical attention and keep records of all your treatments and expenses.
3. Request and file a workers’ compensation claim through your employer or the insurer.
4. Gather all relevant documents, such as medical reports, accident forms, witness statements, and correspondence with your employer.
5. If your claim is delayed, denied, or if you face difficulties, consult with an experienced work injury lawyer in Wisconsin.
6. Consider reaching out to the Wisconsin Department of Workforce Development for guidance or to file a formal dispute if needed.

Taking prompt action and seeking legal guidance can help protect your rights and increase your chances of a fair outcome.