Free Wisconsin Workers' Compensation FAQs | Free Wisconsin Workers' Compensation Legal Documents

How Do I Know If My Employer Is Covered By Workers' Compensation?

Tue, 29 May 2007 21:19:00 GMT

All employees working for an employer with three or more workers are protected immediately by worker`s compensation. Employers with fewer than three workers come under the law if they pay wages of $500 or more in any quarter of a calendar year. Their workers are covered by the law 10 days after the end of that quarter. Farm workers are covered if the owner of the farm has six or more employees on 20 or more days in a calendar year.

How Long After An Injury Do I Have To Report It To My Employer?

Mon, 04 Jun 2007 21:51:22 GMT

Anytime you are injured on the job you should immediately report it to you employer. It is best to do this in writing so that both you and the employer have a written record of the accident and subsequent injury.

An injured employee should give notice to the employer within 30 days of any injury. In the case of an occupational disease, the employee should give notice within 30 days of the time the employee knows about the disability and its relation to the employment. If notice is not given within 30 days, it is still possible to give notice any time within two years of the date the injury occurred, the onset of the disease, or the date the worker first realized that such injury or disease was work related. The twoyear limit does not apply if the employer knew or should have known of the injury. The longer you wait to report and injury to your employer, the more risk you may take in the claim being denied.

If I Am Injured On The Job Can I Choose The Doctor Who Treats Me?

Tue, 29 May 2007 21:19:00 GMT

The employee may select any physician, psychologist, chiropractor or podiatrist that is licensed to practice in Wisconsin. If the employee is not satisfied with the first doctor, one more choice is allowed; however, while the worker must notify the employer of this second choice, the employer may not object. If the attending doctor refers the employee to a specialist or a series of specialists, this referral is still considered to be treatment by one doctor. If several doctors in one partnership or clinic are seen, these are all considered one doctor. After changing doctors once, any further change may be made only by mutual agreement between the employee, employer and insurance carrier. Failure to notify the employer of the initial selection or of a change of doctors can lead to a disputed claim and the possibility of the injured employee having to pay for the entire cost of treatment. No compensation is payable for the death or disability of an employee if the death was caused by, or the disability aggravated by, an unreasonable refusal or neglect to submit to or follow reasonable medical or surgical treatment.

If I Am Unable To Return To The Type Of Work I Did Before I Was Injured, What Happens?

Mon, 04 Jun 2007 21:51:22 GMT

Under the Law, if the return to work is at a lower pay rate, benefits for temporary partial disability still are payable. Temporary partial disability (TPD) benefits are not taxable income. If the employer offers work within the limits set by a doctor, and the worker refuses the job offer, the employer or insurance company owes only the TPD. They do not owe for temporary total disability.

My Employer Has Denied My Claim, What Do I Do?

Tue, 29 May 2007 21:19:00 GMT

A disputed claim occurs when an employee, surviving spouse or dependents believe they are entitled to worker`s compensation benefits, and the employer or insurance company deny liability. Employer or insurance company unwillingness to pay benefits may arise from an honest difference of opinion among witnesses or a conflict of medical testimony between doctors. If there is no settlement, a hearing is held before an Administrative Law Judge. The Judge is to resolve the dispute on the basis of the relevant facts in the case. The Judge`s decision is based on the testimony of all parties, as well as doctor`s reports, other documents, or other pertinent testimony submitted in the case. There is only one hearing. All further appeals are based on the record created in this hearing.

When an employee or employer wants to request a hearing, three copies of a form entitled Application For Hearing (WKC7) must be filed with the division. The form can also be obtained from the division. The division sends one copy of the WKC7 to the employer or insurance company for an answer. If an employee is not represented at the time of a scheduled hearing, the ALJ will ask the questions to record all testimony and evidence that is available at the time of hearing. The division and the ALJ cannot prepare the claim in advance, cannot see that the proper evidence is available at the time of hearing, or act as legal counsel to represent any of the parties.

You can contact the Divisions of Worker`s Compensation at the address and number listed below.

Wisconsin Divisions of Worker`s Compensation
Room C100
201 E. Washington Ave.
Madison, WI 53703
(608) 2661340

What Workers' Compensation Benefits Am I Entitled To?

Tue, 29 May 2007 21:19:00 GMT

An employee who is injured at work or suffers from an occupational disease is entitled to be paid for all medical, surgical and hospital treatment relating to the injury including: doctor bills, hospital bills, medicines, medical and surgical supplies, crutches and artificial limbs, training in the use of artificial limbs, and lost time and traveling expenses for treatment or examination. The employer must pay all reasonable and necessary medical expenses whether or not weekly benefits are also due for temporary or permanent disability. 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. In addition to medical, hospital and doctors` expenses, the law provides for the payment of weekly benefits for temporary and permanent disability.

When Will My Benefits Begin And How Much Will They Be?

Tue, 29 May 2007 21:19:00 GMT

To eliminate minor claims for temporary disability, the law requires a threeday waiting period for all disabilities lasting seven days or less. (Sundays are not included in the three days unless the employee usually works on Sundays.) Temporary disability benefits are not paid for the day of injury. If the employee is still unable to work eight days after the date of injury, compensation is paid for the entire period including the threeday waiting period. Payment for the eighth day will include all days of disability up to that date, but not including the date of injury. If an injury causes both temporary and permanent disability, there is no waiting period.

Benefits amount to twothirds of the employee`s own average weekly wage subject to a maximum amount specified by law. This applies to normal fulltime work. Wages and rates may vary for parttime employment.

Free Denial of Benefits and Appeals FAQs

Fri, 27 Nov 2009 11:15:24 GMT

Free Denial of Benefits and Appeals FAQs

Free Employer Responsibilities FAQs

Fri, 27 Nov 2009 11:15:24 GMT

Free Employer Responsibilities FAQs

Free Work Injury FAQs

Fri, 27 Nov 2009 11:15:24 GMT

Free Work Injury FAQs

Free Worker Compensation Board FAQs

Fri, 27 Nov 2009 11:15:24 GMT

Free Worker Compensation Board FAQs

Free Worker Compensation Insurance FAQs

Fri, 27 Nov 2009 11:15:24 GMT

Free Worker Compensation Insurance FAQs

Free Worker's Compensation Law FAQs

Fri, 27 Nov 2009 11:15:24 GMT

Free Worker's Compensation Law FAQs

Free Workers Comp Claim FAQs

Fri, 27 Nov 2009 11:15:24 GMT

Free Workers Comp Claim FAQs

Free Workers Compensation Benefits FAQs

Fri, 27 Nov 2009 11:15:24 GMT

Free Workers Compensation Benefits FAQs

Free Workers Compensation Fraud FAQs

Fri, 27 Nov 2009 11:15:24 GMT

Free Workers Compensation Fraud FAQs