Are you a Wisconsin resident who was recently injured at work? The following guide will help you understand Wisconsin’s workers’ compensation law, when you need to hire a lawyer, and what they can do for you.
We reached out to the Wisconsin compensation and personal injury law firm Nicolet Law Accident & Injury Lawyers to better understand the ins and outs of this complicated law. If you or someone you love was recently injured at a Wisconsin workplace, be sure to contact their offices for a free case evaluation.
This guide specifically addresses people currently living in Wisconsin. If you live in a different state, look up your local laws.
Read on to learn more about what Russell Nicolet of Nicolet Law Accident & Injury Lawyers explained to us about Wisconsin workers’ compensation.
What is Workers’ Compensation?
Workers’ compensation is an important safety net for workers in this state. It reimburses those who are injured or who lose their jobs because of injuries. This law has been around since Wisconsin was admitted into the union in 1849. It allows workers to recover medical costs and a percentage of their income without having to prove fault. In exchange, it limits what you can recover to economic damages. You cannot, for example, recover pain and suffering damages.
Numerous lawyers in the state specialize in workers’ compensation cases, so do your research when deciding upon an advocate. You can contact a lawyer in Wisconsin by looking in the Yellow Pages or searching on the Internet. You will find plenty of information about this law on the Internet, including attorneys’ websites and links to legal directories. The State Bar Association can give you helpful information and help you find a lawyer in Wisconsin who is just right for you. You can also ask your friends and family members for referrals to help you find a lawyer in Wisconsin.
You must follow specific procedures when filing a claim.
If you are working in Wisconsin, you may need to report your accident to your workplace’s H.R. department. H.R. can connect you with the company’s insurance company. Your workers’ compensation lawyer can then obtain and fill out the necessary forms and collect other pertinent information for your application.
Again, you must make sure you talk to a lawyer. You’ll want to find one familiar with the laws in Wisconsin who can give you advice on how to proceed. Next, after speaking with a lawyer, you must gather medical reports and other information related to your work injury. This includes pictures of injuries, any X-rays, and any written documentation.
You also must provide the lawyer with copies of any correspondence that pertains to your claim.
Before the workers’ comp company will pay your claim, it may require you to submit to an independent medical examination. There, a doctor—who works for the insurance company and may try to deny your claim—may ask about the accident, its aftermath, and any prescriptions or supplements that you take. Your lawyer can prepare you for that examination so you can accurately answer these questions without harming your case.
Your lawyer must request a copy of the IME report and other information from your employer to build your case. Finally, you must follow all of the law’s other requirements.
Once you file your claim, an arbitrator may review it. The arbitrator will determine whether you deserve compensation.
The lawyer may ask you about your job duties, any symptoms that you have experienced, and lost wages. He or she may even question you about any statements or details you provided during your initial evaluation. When the lawyer assesses your case, they may ask you about the events that led to your accident.
This could include details about your shift schedule, what vehicles you use, or where you go, and what you do during work. Additionally, he or she may want to know what medications or supplements you take, whether you smoke or not, and what substances you regularly consume, such as alcohol or caffeine.
So, there you have it. If you were injured on the job in Wisconsin and you think you may have a workers’ compensation case, research the best workers’ comp lawyers in your area. They will give you the best chance at a decent settlement and will fight on your behalf should your case go to trial. When you are injured, make your entire focus getting better, not worrying about how to get compensated for your injuries. No one should have to file a case on their own.
Hiring a Wisconsin personal injury attorney with experience in workers’ compensation is a crucial step to becoming whole again.