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Worker's Compensation

When you suffer an injury at work, you have a right to seek and apply for worker’s compensation benefits under the Wisconsin Worker’s Compensation laws. The laws are complex, however, and filing an injury claim on your own can be daunting.

By law, almost all employers must provide worker’s compensation benefits free of charge to their employees. The Worker’s Compensation Act was designed to financially protect workers who are unable to perform their duties due to an on-the-job injury. It covers injuries that occur in the course and scope of employment, including repetitive traumas like carpal tunnel syndrome. It does not matter who was at fault for the injury.

Despite the apparent simplicity of worker's compensation rules, first attempts to get benefits are often turned down. Stellpflug Law, S.C. attorneys understand the laws. We represent injured workers on initial claims, on denied claims, permanent disability determinations, medical service disputes, vocational retraining rights, and third-party claims.

Our attorneys can help you through the worker’s compensation process so you can start receiving get the benefits you need and deserve. We will work hard for you to protect your rights.

Frequently Asked Questions

What is Worker’s Compensation?
The worker’s compensation act provides money and medical benefits to an employee who, as a result of an accident or occupational disease, has been injured on-the-job. Worker’s compensation is designed to protect workers and their dependents against the hardships from injury or death arising out of the work environment. It is intended to benefit the employee and employer alike. The employee receives money (usually on a weekly or biweekly basis) and medical benefits in exchange for forfeiting the common law right to sue the employer. The employer benefits by receiving immunity from court actions against them by the employee in exchange for accepting liability that is limited and determined. The question of negligence or fault is usually not at issue.

What types of injuries or diseases are covered?
Virtually all types of work-related physical injury and industrial illness are covered by worker’s compensation. Very commonly covered conditions include repetitive-stress injuries (RSIs) like carpal-tunnel syndrome (CTS), back injuries, traumatic injuries, wounds or bodily reactions to substances. Many states also cover mental or emotional harm, but the standards for psychological coverage vary greatly from state to state. Pre-existing conditions are generally not covered unless aggravated at work.

How long after an injury do I have to report it to my employer?
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 two year 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.

What types of injuries or diseases are covered?
Virtually all types of work-related physical injury and industrial illness are covered by worker’s compensation. Very commonly covered conditions include repetitive-stress injuries (RSIs) like carpal-tunnel syndrome (CTS), back injuries, traumatic injuries, wounds or bodily reactions to substances. Many states also cover mental or emotional harm, but the standards for psychological coverage vary greatly from state to state. Pre-existing conditions are generally not covered unless aggravated at work.

What should I do if I receive a denial of benefits?
It is not unusual for the insurance company to file a Notice of Denial indicating that they are disputing your entire claim for benefits or various portions of your claim for requested benefits. If your claim or any request for benefits is denied, the insurer should notify you in writing by filing a Notice of Denial and set forth the reasons your benefits are denied. Sometimes a letter or phone call to the insurer will solve the problem but, if not, you should consider seeing an attorney, if you have not seen one already.

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