Filing a Claim

 

How important is filing a claim for a work-related injury?

You should report any job-related injuries filing a workers compensation claimor illnesses to your employer immediately. Once your employer has actual knowledge of your injury, they have seven days to report it to their workers’ compensation insurance carrier. The insurance carrier then has 14 days to file all injury reports involving compensable claims with Wisconsin’s Workers’ Compensation Division.

Should your Wisconsin workers’ compensation claim be denied, the insurance company must notify you within seven days of receiving the claim and include their reasons for denial. At this point, you should contact an experienced Wisconsin work injury claims attorney to discuss your rights.

How long is my claim open?

You have two years to file for Wisconsin workers’ compensation benefits that will cover the cost of medical expenses incurred from the treatment of your work injury. There are no time restrictions for filing a workers’ compensation claim due to an occupational illness.

Once your workers’ compensation claim has been established, it will typically remain open for 12 years, beginning either on the date you were injured or the date of last payment to you, whichever is later. This 12-year period becomes important when and if your condition changes as a result of your Wisconsin workplace injury or illness; therefore you should keep all records of last payment and medical bills for twelve years.

How is compensation paid?

Your Wisconsin workers’ compensation benefits are disbursed by your employer’s workers’ compensation insurance carrier. Under Wisconsin state law, you are entitled to complete coverage of any necessary and reasonable medical expenses incurred as a result of your injury. If you are under doctor’s orders to remain home from work for more than three days, you may also be eligible for additional benefits, such as compensation for lost wages.

If it is decided that you should be compensated for your Wisconsin occupational injury or illness:

You can expect to see a check for 80% of the first payments of compensation from your employer’s insurance carrier within 14 days of your injury or illness. Following the initial payment, additional compensation payments are made regularly and are calculated on a weekly basis. These payments reflect two-thirds of your average weekly earnings in the year prior to your injury.

There is a three day waiting period for compensation, excluding Sundays. This means that no compensation is paid for the first three days following your injury, unless you are advised by a doctor to miss more than seven days of work. In such a case, the first three days will be paid for retroactively.

If you have been injured and have not yet received compensation for those injuries, Mays Law Office in Madison, Wisconsin can help. Contact Lisa Pierobon Mays at (608) 257-0440 for a free consultation.