WORKERS' COMPENSATION
Understanding Work Comp
- An injured worker may have the right to receive benefits. An injured worker may receive benefits regardless of who caused or helped cause the injury. An injured worker does not have a right to benefits if:
- the worker injured himself or herself intentionally
- the worker was injured while voluntarily participating in an off-duty activity
- the injury occurred during horseplay or fighting initiated by the injured worker
- An injured worker has the right to receive the medical care reasonable and necessary to treat a work-related injury or illness.
- An injured worker has the right to a first and second choice of doctors licensed to practice & practicing in this state. Any out-of-state or third choice of doctors must be made by mutual agreement with the insurance carrier unless you have a referral from your doctor
- An injured worker does not need to get approval to go to a different doctor if:
- for emergency treatment
- within the same partnership or clinic
- as the original doctor selected
- upon referral from his/her original choice of doctors
- An injured worker has the right to confidentiality.
Only people who are parties to a claim or agents of these parties, have the right to information in the Division's files.
Injured Worker Responsibility
- An injured worker has the responsibility to tell his or her employer about a work-related injury or illness. An injured worker must tell his or her employer immediately of the injury, or as soon as possible after the worker first knew the illness might be work-related.
- An injured worker has the responsibility to submit to reasonable medical or surgical treatment. However, an employee may refuse surgery which might endanger life or limb.
- An injured worker has the responsibility to submit to reasonable examinations by scheduled by the insurance carrier (or self-insured employer).
- An injured worker has the responsibility to tell the insurance carrier any time the worker's income changes.
- An injured worker who is getting benefits must tell the insurance carrier paying the benefits if the worker's income changes. The injured worker must tell the insurance carrier regardless of whether income went up or down.
- An injured worker who has stopped working since the injury must tell the insurance carrier if the worker starts working again or has a job offer.
- An injured worker has the responsibility to tell the doctors how the injury occurred and if the worker believes the injury may be work-related. If possible, an injured worker should tell the doctor before the doctor provides treatment.
- An injured worker has the responsibility to tell the insurance carrier how to contact him or her. An injured worker should contact the insurance carrier if the worker's home address, work address, or phone number changes, so that they may be contacted when necessary.
Regardless of how long an employee has been working for an employer, or whether or not he/she is in a probationary or training status, coverage for Workers Compensation purposes begins on the first day of work. However, in order to expedite the processing of your claim, you should immediately report your injury or ailment to your supervisor.
It is your employer's responsibility to report your injury to their worker's compensation insurance carrier (or claims handling office).In most cases, the first payment will be made by the insurance company within 14 days of your last day worked. If payment takes longer, you should contact your employer or their insurance carrier to find out the reason for delay.
There is a three-day waiting period. The first 3 days of lost time after the injury are not compensable. Compensation is payable beginning on your 4th day of lost time. If your disability extends beyond 7 calendar days, the 1st 3 days of lost time would be picked up and paid retroactively.
The benefits that are numerous but may not will tailored to your specific needs and circumstances. Basic benefits may include:
- Coverage of all reasonable and necessary medical costs.
- Benefits for temporary wage loss - temporary partial disability (TPD) or temporary total disability (TTD) are provided to sustain an employee while recovering from an injury. Eligibility for temporary disability benefits are determined and must be documented by a doctor. Benefits for temporary wage loss due to disability are based on two-thirds of the employee's wage rate up to a specified maximum amount.
- Benefits for permanent disability, permanent partial disability (PPD) or permanent total disability (PTD) are given if the employee does not fully recover from the injury. Permanent disability is awarded for the potential or actual loss of earning capacity. The amount of benefit payment for permanent disability depends on the severity of the permanent disability.
- Vocational rehabilitation and retraining.
- If a death occurs, death benefits and burial expense will be paid up to specified limits.
Herrick & Hart Workers' Compensation Lawyer, Eau Claire, Wisconsin
Please contact us for help with your legal needs or concerns.
The attorneys at Herrick & Hart provide expert advice to people who have suffered an injury in the line of duty, at work, or doing work or non-work related activities at work. If you have a workers' compensation claim, please call (715-832-3491), e-mail (dennis@eauclairelaw.com) to arrange a free initial consultation, or complete the online personal injury case assessment form to have your case reviewed.
The Workers' Compensation team at Herrick & Hart represent people throughout northwest Wisconsin. From their offices in Eau Claire, Wisconsin, they often represent people with workers' comp claims in Eau Claire County (Eau Claire, Altoona, Augusta, Fairchild, Fall Creak, & Seymour), Chippewa County (Chippewa Falls, Cadott, Cornell, New Auburn, & Stanley), Taylor County (Medford, Gilman, & Stetsonville), Rusk County (Ladysmith, Hawkins, & Weyerhauser), Barron County (Barron, Rice Lake, & Cameron), Dunn County (Boyceville, Menomonie, Colfax, & Downing), Clark County (Abbotsford, Colby, Neilsville, & Thorp), Marathon County (Wausau, Abbotsford, Colby, Brokaw, Evergreen, Marshfield, Mosinee, Rothschild, Schofield, Spencer, Unity & Weston), Portage County (Stevens Point, Amherst, Plover, Rosholt, & Whiting), Wood County (Wisconsin Rapids, Port Edwards, Nekoosa, & Marshfield), Jackson County (Black River Falls, Taylor, Merrillan, and Alma Center), La Crosse County (La Crosse, Brice Prairie, Onalaska, Holmen, & West Salem), Monroe County (Sparta), Douglas County (Superior), Sawyer County (Hayward), Ashland County (Ashland, Odanah), Bayfield County (Bayfield, Mason, & Washburn), Juneau County (Elroy, Mauston, Necedah, Union Center), and St Croix County (Baldwin, Hudson, New Richmond, North Hudson, River Falls, Spring Valley & Wilson), Pierce County (Bay City, Ellsworth, River Falls, Spring Valley).
