# Milwaukee Workers Compensation | Workers Comp Lawyer Milwaukee | Milwaukee Workers Compensation Attorney | Workmans Compensation Wisconsin
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### [“Pre-Existing” Degenerative Disc Disease Defenses In Wisconsin Worker’s Compensation Claims](https://www.gillickwicht.com/pre-existing-degenerative-disc-disease-defenses-in-wisconsin-workers-compensation-claims/)
**Published:** October 5, 2026
**Author:** admin
**Content:**
If you are diagnosed with degenerative disc disease after a work-related back or neck injury in [Milwaukee](https://en.wikipedia.org/wiki/Milwaukee), your claim may be questioned. Insurance companies often look at MRI results, find signs of degeneration, and claim your pain is due to aging or a condition you had before the accident. However, this does not automatically mean your claim will be denied.
Wisconsin law says employers must accept employees as they are, even if they have spinal conditions that make them more likely to get hurt. The key issue is whether your job caused a new injury or made your existing condition worse than it would have been otherwise.
## A Pre-Existing Condition Does Not Automatically Bar Compensation
Under [Wis. ](https://docs.legis.wisconsin.gov/statutes/statutes/102/03)[Stat. § 102.03](https://docs.legis.wisconsin.gov/statutes/statutes/102/03), Wisconsin Worker’s Compensation benefits may be available when an employee sustains an injury arising out of employment while performing services growing out of and incidental to employment. A worker does not have to enter the workplace with a perfectly healthy spine to qualify for benefits.
Wisconsin courts have addressed pre-existing degenerative conditions for decades. Under the standard established in [*Lewellyn v.* ](https://case-law.vlex.com/vid/lewellyn-v-industrial-commission-889075670)[*Industrial Commission*](https://case-law.vlex.com/vid/lewellyn-v-industrial-commission-889075670), a progressively deteriorating or degenerative condition may result in a compensable injury when work activity precipitates, aggravates, and accelerates that condition beyond its normal progression. Wisconsin courts continue to apply that rule to claims involving lumbar and other degenerative spinal conditions.
This difference is important when an insurance company claims that you already had degenerative disc disease, arthritis, spinal stenosis, or another long-term condition before your accident.
### What The Insurance Company May Argue
The insurance company might say that the workplace accident only caused a short-term strain or a brief increase in symptoms. They may argue that any ongoing pain, surgery, work restrictions, or disability are due to the natural course of degenerative disc disease, not your job.
Wisconsin decisions recognize that merely experiencing symptoms of an already deteriorated condition while working is not necessarily enough. If employment simply provides the setting where the underlying condition becomes symptomatic, without accelerating the disease beyond its normal progression, compensation may be denied.
Insurers frequently support this position with an independent medical examination. The examining physician may conclude that the employee suffered a temporary sprain that resolved and that any continuing problems are attributable to pre-existing degeneration. Wisconsin courts have addressed precisely this type of dispute.
### Medical Evidence Can Determine Whether The Claim Is Compensable
Because the disagreement often involves medical causation, medical opinions can become some of the most important evidence in the case. We look closely at whether the treating physician believes the accident or work activity precipitated, aggravated, and accelerated the degenerative condition beyond normal progression.
Medical records may also show whether the employee was working without significant restrictions before the injury, whether symptoms changed immediately afterward, whether objective findings changed, and whether surgery or other treatment became necessary after the workplace incident.
When physicians disagree, the dispute may ultimately require a determination by the Wisconsin Worker’s Compensation Division. Wisconsin courts have repeatedly recognized that competing medical opinions concerning the effect of employment on degenerative conditions can present factual questions for the agency deciding the claim.
### Benefits May Include Treatment And Disability Compensation
If the work injury is established, Wis. Stat. § 102.42 generally requires te employer or insurer to provide reasonable and necessary medical treatment related to the compensable injury. Wisconsin DWD guidance confirms that covered medical expenses can include physician care, hospital treatment, medication, medical supplies, and other necessary treatment.
Depending on the circumstances, an injured worker may also qualify for temporary disability benefits, permanent disability benefits, or other compensation under Chapter 102. DWD guidance further recognizes that an employer is not responsible for disability clearly shown to have existed before the compensable injury, but that susceptibility caused by a pre-existing condition does not by itself eliminate liability for the effects of a new work injury.
For that reason, an MRI report stating “degenerative disc disease” should not be treated as the end of the analysis. We examine what happened at work, the employee’s medical history, prior symptoms, post-injury symptoms, diagnostic findings, treatment recommendations, and medical causation opinions before determining how a pre-existing condition affects the claim.
## Frequently Asked Questions About Pre-Existing Degenerative Disc Disease And Wisconsin Worker’s Compensation
### Can I Receive Wisconsin Worker’s Compensation If I Had Degenerative Disc Disease Before My Work Injury?
Yes, depending on the medical evidence and circumstances. Having degenerative disc disease before an accident does not automatically prevent you from receiving Wisconsin Worker’s Compensation benefits.
Wisconsin follows the principle that employers take employees as they find them. DWD guidance specifically states that when a worker is more susceptible to injury because of a pre-existing condition, the employer may still be responsible for the effects of a compensable injury.
The major issue is whether your employment caused a new injury or precipitated, aggravated, and accelerated your degenerative condition beyond its normal progression. That determination often depends heavily on medical evidence.
### What Does “Aggravated Beyond Normal Progression” Mean?
Degenerative disc disease can gradually worsen over time even without an accident. Wisconsin Worker’s Compensation law therefore distinguishes between the natural progression of the disease and a measurable worsening associated with employment.
Under Wisconsin case law, compensation may be appropriate when work activity precipitates, aggravates, and accelerates a degenerative condition beyond its normal progression.
For example, a worker might have degenerative changes visible on an MRI but be performing a physically demanding job without disabling symptoms. After lifting, falling, twisting, or another workplace event, the worker may develop severe symptoms, require extensive treatment, or become unable to perform the same work. A physician may then be asked whether the employment accelerated the underlying spinal condition beyond what would otherwise have occurred.
### Can The Insurance Company Deny My Claim Because My MRI Shows Arthritis Or Degeneration?
An insurer can dispute a claim, but an MRI showing degeneration does not automatically establish that the workplace injury is unrelated to your condition.
Degenerative changes are common, particularly as people age. The legal and medical issue is what role the workplace accident or work exposure played in causing your disability and need for treatment.
An insurer may obtain an independent medical examination and argue that the workplace event caused only a temporary strain. If your treating physician reaches a different conclusion, the case may involve competing medical opinions. Wisconsin decisions recognize that such disputes frequently turn on which medical opinion the fact finder finds more persuasive.
### What If I Had Back Pain Before The Workplace Accident?
Prior back pain does not necessarily prevent a successful Wisconsin Worker’s Compensation claim. However, prior symptoms and treatment can become important evidence.
The insurer may obtain earlier medical records to determine whether you had similar symptoms, restrictions, diagnostic findings, injections, physical therapy, surgery recommendations, or other treatment before the workplace event.
We compare those records with what happened after the injury. A significant change in symptoms, ability to work, treatment needs, or physical limitations can be relevant to determining whether employment caused an additional injury or accelerated the underlying condition.
Accuracy about prior treatment is extremely important. Trying to hide an earlier back problem can damage credibility and make an otherwise legitimate claim more difficult to prove.
### What If The Insurance Company’s Doctor Says My Work Injury Was Only Temporary?
This is a common dispute in claims involving degenerative disc disease. The insurer’s physician may conclude that you suffered a temporary lumbar or cervical strain and later returned to your pre-injury condition.
That opinion may allow the insurer to argue that it is no longer responsible for treatment or disability after a particular date.
Your treating physician may instead conclude that the accident permanently aggravated and accelerated the degenerative condition. Wisconsin appellate decisions have addressed cases involving exactly these competing theories.
We examine the medical reports, diagnostic testing, treatment history, physical restrictions, surgical recommendations, and the factual assumptions relied upon by each physician when evaluating this type of dispute.
### Can Worker’s Compensation Pay For Back Surgery When Degenerative Disc Disease Existed Before The Injury?
Potentially, yes. If surgery is reasonable and necessary treatment for a condition causally related to the compensable workplace injury, Wis. Stat. § 102.42 may require the employer or insurer to pay the associated medical expenses.
Wisconsin cases have upheld compensation where medical evidence established that a workplace injury aggravated and accelerated a pre-existing degenerative spinal condition beyond normal progression and contributed to the need for surgery.
The critical question is causation. The insurer may argue that surgery would have become necessary because of degeneration regardless of the workplace accident. The treating physician’s analysis of why surgery became necessary and how the employee’s condition changed following the accident can therefore be particularly important.
### Can Repetitive Work Cause A Degenerative Back Condition To Become Compensable?
Yes, under appropriate circumstances. Wisconsin Worker’s Compensation is not limited to injuries resulting from one sudden accident.
Repetitive physical work may potentially contribute to an occupational injury when employment activity causes a degenerative condition to progress beyond its normal course. Wisconsin courts have recognized claims involving ongoing work exposure that aggravated and accelerated degenerative spinal conditions beyond normal progression.
These claims can involve years of lifting, bending, twisting, carrying, construction work, manufacturing activity, health care work, or other physically demanding employment. Medical evidence establishing a connection between the cumulative work exposure and the employee’s condition is generally critical.
### What Evidence Can Help Counter A Pre-Existing Condition Defense?
Medical documentation is often the foundation of the claim. We may review records from before and after the workplace injury, imaging studies, physician reports, physical therapy records, work restrictions, surgical records, and medical causation opinions.
Your work history can also matter. Evidence that you regularly performed your job before the injury but became unable to perform the same duties afterward can help provide context for the medical evidence.
We also look carefully at the history given to physicians. The medical opinion is only as reliable as the factual information on which it is based. A complete description of the accident, prior symptoms, prior treatment, and the progression of symptoms afterward can therefore be important.
### Should I Report A Work Injury Even If I Already Have Degenerative Disc Disease?
Yes. DWD advises employees to report a workplace injury or suspected occupational disease promptly to a supervisor, human resources department, or another designated employer representative.
Do not assume that a pre-existing diagnosis makes the injury ineligible for Wisconsin Worker’s Compensation. An employee may have degeneration and still experience a separate compensable workplace injury.
You should also obtain appropriate medical treatment and accurately explain both what happened at work and any relevant prior medical history.
## Contact Gillick, Wicht, Gillick & Graf About A Wisconsin Degenerative Disc Disease Work Injury Claim
A pre-existing degenerative disc disease diagnosis can give an insurance company a reason to challenge whether your back or neck condition is work-related, but the existence of degeneration does not automatically defeat your claim. Wisconsin law requires a closer examination of whether employment caused a new injury or precipitated, aggravated, and accelerated an underlying degenerative condition beyond its normal progression.
At Gillick, Wicht, Gillick & Graf, we represent injured workers in Milwaukee and throughout Wisconsin. We examine the medical evidence, prior treatment history, workplace accident or occupational exposure, independent medical examination findings, disability issues, and the insurer’s causation arguments to determine how Wisconsin Worker’s Compensation law applies to the claim.
If your benefits have been denied, an insurance company is blaming your symptoms on degenerative disc disease, or you have questions about whether a pre-existing back or neck condition affects your right to benefits, contact our [Milwaukee worker’s compensation lawyers](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf by calling [414-257-2667](tel:14142572667) to [receive a free consultation](https://www.gillickwicht.com/Contact.shtml). Our law offices are located in Milwaukee, and we represent injured workers throughout all of Wisconsin.
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**Categories:** Worker's Compensation Claim Attorney
**Tags:** “Pre-Existing” Degenerative Disc Disease Defenses In Wisconsin Worker’s Compensation Claims
---
### [What Is A Loss Of Earning Capacity (LOEC) Claim?](https://www.gillickwicht.com/what-is-a-loss-of-earning-capacity-loec-claim/)
**Published:** October 2, 2026
**Author:** admin
**Content:**
A serious work injury can impact more than just your ability to do your previous job. Even after your condition has stabilized, permanent restrictions might stop you from returning to similar work, earning the same pay, or competing for jobs in the market.
Wisconsin Worker’s Compensation law addresses this through a Loss of Earning Capacity (LOEC) claim. An LOEC claim looks at how a permanent work injury has reduced your ability to earn income, not just the medical percentage of disability given by a doctor. For injured workers in [Milwaukee](https://en.wikipedia.org/wiki/Milwaukee) and across Wisconsin, this can be a key part of a Worker’s Compensation claim when an unscheduled injury leads to lasting work restrictions.
## What Does Loss Of Earning Capacity Mean Under Wisconsin Law?
Loss of earning capacity measures how a work injury affects your ability to earn wages in the job market. Wisconsin law offers permanent disability benefits for the possible or actual loss of earning capacity when an employee does not fully recover from a work injury.
LOEC is most commonly associated with injuries that are considered “unscheduled” injuries under Wisconsin Worker’s Compensation law. These may include injuries involving the back, neck, torso, or other conditions that are not compensated according to the scheduled-loss provisions contained in [Wis.](https://docs.legis.wisconsin.gov/document/statutes/102.52)[ Sta](https://docs.legis.wisconsin.gov/document/statutes/102.52)[t. § 102.52 through §102.56](https://docs.legis.wisconsin.gov/document/statutes/102.52).
[Wis. ](https://docs.legis.wisconsin.gov/statutes/statutes/102/44/3)[Stat. § 102.44(3)](https://docs.legis.wisconsin.gov/statutes/statutes/102/44/3) provides the framework for permanent partial disability involving injuries that are not covered by the scheduled injury statutes. The percentage of permanent disability may therefore reflect more than the medical impairment alone when an injured worker has experienced a genuine reduction in earning capacity.
### How Is An LOEC Claim Different From A Medical Disability Rating?
A doctor’s permanent partial disability rating generally describes the physical or functional impairment caused by an injury. An LOEC evaluation asks a different question: How has that permanent impairment affected the worker’s ability to earn wages?
For example, two workers could receive similar medical restrictions following back injuries but experience very different vocational consequences. A worker whose entire career involved heavy construction may experience a substantial loss of earning capacity if permanent lifting restrictions eliminate most jobs for which the worker has training and experience. Another employee with similar restrictions may be able to return to a comparable-paying position that does not require heavy physical labor.
Wisconsin therefore considers vocational evidence in appropriate cases rather than treating medical impairment and earning capacity as identical.
### What Factors Are Used To Determine Loss Of Earning Capacity?
Wis. Admin. Code § DWD 80.34 identifies the factors considered when determining loss of earning capacity. These include the injured worker’s age, education, training, prior work experience, previous earnings, current occupation and earnings, and prospects for suitable future employment. The analysis may also consider efforts to obtain suitable employment, willingness to participate in reasonable vocational rehabilitation, and other relevant evidence.
A vocational specialist may evaluate these factors and compare the employee’s earning ability before the injury with the employee’s earning ability after the permanent restrictions are imposed. The analysis is therefore individualized. An LOEC claim should reflect what the injury actually means for that particular worker’s employment prospects.
### How Does The 15 Percent Wage-Loss Rule Affect An LOEC Claim?
Wis. Stat. § 102.44(6) contains an important limitation. When an injured employee returns to work for the same employer and the actual wage loss compared with the employee’s earnings at the time of injury is less than 15 percent, permanent disability generally is based on the physical limitations without regard to loss of earning capacity.
If the wage loss equals or exceeds 15 percent, however, loss of earning capacity may become relevant.
The statute also allows a permanent disability award to be reopened during the applicable statutory period when the employment relationship ends under qualifying circumstances or when a wage loss of at least 15 percent later develops. Wis. Stat. § 102.44(6)(b) specifically addresses situations in which the employer terminates the employment relationship, the employee leaves because physical or mental limitations prevent continued employment, or a qualifying wage loss occurs.
Wisconsin law calculates percentage wage loss using actual average wages over a period of at least 13 weeks. Periods in which temporary disability or unemployment benefits are being paid are generally excluded from that wage-loss determination. Wis. Stat. § 102.44(6)©-(f).
### Why Vocational Evidence Can Matter In An LOEC Claim
Loss of earning capacity can become disputed because the insurance carrier may argue that an injured worker remains capable of earning close to the pre-injury wage despite permanent restrictions.
Vocational evidence can address the worker’s transferable skills, educational background, physical restrictions, available employment, likely wages, and realistic job opportunities. The goal is not simply to show that the worker earns less today. The evidence should establish how the permanent work injury has affected the worker’s earning potential in the competitive labor market.
Wisconsin also provides vocational rehabilitation opportunities for some employees whose work injuries prevent them from returning to their previous employment. Vocational rehabilitation may include services intended to help an injured employee obtain suitable work at wages comparable to pre-injury earnings.
## Speak With Gillick, Wicht, Gillick & Graf About A Wisconsin Worker’s Comp Claim
A permanent work injury can change the type of work you are capable of performing and the wages you may realistically earn for years to come. An impairment rating from a doctor may not tell the full story when permanent restrictions prevent you from returning to your former occupation or substantially reduce your employment opportunities.
At Gillick, Wicht, Gillick & Graf, we represent injured workers in Milwaukee and throughout Wisconsin in Worker’s Compensation matters, including disputes involving permanent disability and loss of earning capacity. We can review your medical restrictions, employment history, post-injury wages, vocational evidence, and the circumstances surrounding any return-to-work offer to determine what benefits may be available under Wisconsin law.
If a work-related injury has reduced your ability to earn the income you earned before the accident, call our [Milwaukee worker’s comp lawyers](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf at [414-257-2667](tel:14142572667) to [receive a free consultation](https://www.gillickwicht.com/Contact.shtml). Our law offices are located in Milwaukee, and we represent injured workers throughout all of Wisconsin.
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**Categories:** Worker's Compensation Claim Attorney
**Tags:** What Is A Loss Of Earning Capacity (LOEC) Claim?
---
### [Can I Choose My Own Doctor For A Wisconsin Worker’s Compensation Claim?](https://www.gillickwicht.com/can-i-choose-my-own-doctor-for-a-wisconsin-workers-compensation-claim/)
**Published:** August 1, 2026
**Author:** admin
**Content:**
If you get hurt at work, you might have questions about your medical care, recovery, and your rights under Wisconsin law. Many injured workers wonder if they can pick their own doctor. Medical treatment is a big part of any Wisconsin Worker’s Compensation claim because your doctor’s records, diagnoses, and recommendations often become key evidence. The doctor you choose can impact both your recovery and the benefits you receive. Wisconsin law gives you important rights when it comes to medical treatment. Knowing these rights can help you make good decisions after a work injury.
Wisconsin’s Worker’s Compensation Act usually lets injured employees choose their own doctor. Wisconsin Statute [§ 102.42](https://docs.legis.wisconsin.gov/statutes/statutes/102/42) covers medical treatment and benefits for injured workers. Being able to pick a doctor you trust and who understands your condition can make a big difference.
## Your Right To Choose A Treating Doctor
In Wisconsin, injured workers can usually choose the doctor who treats their work injury. Unlike some other states that require you to use doctors from an employer’s network, Wisconsin gives you more control over your medical care.
So, after a work injury, you can usually see a doctor you choose. Your doctor will check your injury, suggest treatment, decide on any work restrictions, and give opinions about when you can return to work.
Having the ability to choose your physician allows you to work with a doctor who you believe will focus on your medical needs and recovery.
### Understanding The Two-Doctor Rule
While Wisconsin provides injured workers with freedom in selecting medical providers, there are limits that apply in some situations. Wisconsin’s Worker’s Compensation system generally allows an injured worker to choose one treating physician and then make one additional change to another physician without obtaining approval.
This concept is often referred to as the “two-doctor rule.” If additional physician changes become necessary, disputes may arise regarding responsibility for payment of medical expenses.
Because these situations can become complicated, it is important to understand how physician changes may affect your claim.
### Medical Treatment And Benefits
Wisconsin Statute § 102.42 requires employers and insurance carriers to provide reasonable and necessary medical treatment for compensable workplace injuries.
Covered treatment may include:
- Doctor visits
- Hospital care
- Physical therapy
- Diagnostic testing
- Prescription medications
- Certain specialist care
Medical records generated during treatment frequently become key evidence in determining eligibility for temporary disability benefits, permanent disability benefits, and other Worker’s Compensation benefits.
### What If The Insurance Company Disagrees With My Doctor?
Insurance carriers do not always agree with a treating physician’s opinions. In some cases, the insurance company may request an Independent Medical Examination, often called an IME. An [IME physician](https://dwd.wisconsin.gov/wc/medical/ime.htm) may provide opinions regarding diagnosis, causation, treatment recommendations, work restrictions, or permanent disability. Disputes between physicians can significantly affect the outcome of a claim.
When medical disagreements occur, it is often important to have legal representation to protect your rights and challenge unfavorable opinions when appropriate.
## Why Medical Documentation Matters
Accurate medical documentation can make a substantial difference in a Wisconsin Worker’s Compensation case. Treatment records help establish the nature of the injury, the connection between the injury and employment, the need for treatment, and the extent of disability.
Following medical recommendations, attending appointments, and maintaining consistent treatment can strengthen the evidence supporting your claim and help avoid disputes regarding your condition.
## Wisconsin Worker’s Comp FAQs
### Can I Choose My Own Doctor After A Work Injury In Wisconsin?
Yes. Wisconsin generally allows injured workers to select their own treating physician. This right gives workers greater control over their medical care than is available in some other states. Choosing a physician you trust can be important for both your recovery and your claim.
### Does My Employer Have To Approve My Doctor?
In many cases, no. Wisconsin law generally permits injured workers to choose their own physician without obtaining employer approval. However, disputes may arise regarding treatment, physician changes, or payment responsibilities depending on the circumstances.
### What Is The Two-Doctor Rule In Wisconsin?
The two-doctor rule generally allows an injured worker to choose an initial physician and then make one change to another physician without needing additional authorization. Further changes may create complications regarding payment or approval of treatment.
### Can I See A Specialist For My Work Injury?
Yes. Depending on your medical needs, treatment from specialists may be appropriate. Referrals from treating physicians are common when specialized care is necessary to address a workplace injury.
### What Happens If The Insurance Company Sends Me To An Independent Medical Examination?
An Independent Medical Examination allows the insurance company to obtain another medical opinion regarding your injury. The IME doctor may evaluate your diagnosis, treatment needs, work restrictions, and degree of disability. The insurance company may rely on those opinions when making decisions about benefits.
### Do I Have To Follow My Doctor’s Treatment Recommendations?
Following medical recommendations is generally important. Missing appointments or failing to follow treatment plans may create questions regarding the seriousness of the injury and can complicate your claim.
### Will The Insurance Company Pay For Medical Treatment?
If the injury is compensable under Wisconsin Worker’s Compensation law, reasonable and necessary medical treatment is generally covered pursuant to Wisconsin Statute § 102.42. Disputes can arise regarding the necessity of treatment or whether the condition is work related.
### Can I Change Doctors If I Am Not Happy With My Treatment?
In many situations, yes. Wisconsin law provides injured workers with flexibility regarding physician selection. However, because physician changes can affect a claim, it is often wise to understand the applicable rules before making a switch.
### Why Are Medical Records So Important In A Worker’s Compensation Case?
Medical records often serve as the foundation of a claim. They document the injury, treatment, work restrictions, recovery progress, and disability findings. Strong medical documentation can help support your right to benefits and protect your claim from challenges.
## Call Gillick, Wicht, Gillick & Graf For Your Worker’s Comp Consultation
Workplace injuries can create uncertainty about your health, your income, and your future. At Gillick, Wicht, Gillick & Graf, we help injured workers understand their rights under Wisconsin Worker’s Compensation law and fight for the benefits they deserve. We work to protect our clients throughout the claims process and address disputes involving medical treatment, disability benefits, and insurance company challenges.
If you have questions about choosing a doctor after a workplace injury or need assistance with a Wisconsin Worker’s Compensation claim, contact our [Milwaukee worker’s comp attorneys](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf by calling [414-257-2667](tel:14142572667) to [receive a free consultation](https://www.gillickwicht.com/Contact.shtml). Our offices are located in Milwaukee, and we proudly represent injured workers throughout the State of Wisconsin.
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**Categories:** Worker’s Comp Lawyer
**Tags:** Can I Choose My Own Doctor For A Wisconsin Worker’s Compensation Claim?
---
### [Workers’ Compensation Claims For Warehouse And Factory Injuries In Wisconsin](https://www.gillickwicht.com/workers-compensation-claims-for-warehouse-and-factory-injuries-in-wisconsin/)
**Published:** July 15, 2026
**Author:** admin
**Content:**
Warehouse and factory jobs play a key role in Wisconsin’s economy, but they come with real physical risks. [Wisconsin](https://www.wisconsin.gov/Pages/Home.aspx) workers in these settings use heavy machinery, forklifts, conveyor belts, loading docks, and work on raised platforms or do repetitive tasks. Even with safety measures in place, serious injuries can still happen. One accident can leave someone unable to work, with growing medical bills and lost wages. Wisconsin Worker’s Compensation law offers important protections, but getting the benefits you need is not always simple. Knowing your rights after a workplace injury is the first step to protecting your health, finances, and future.
Wisconsin’s Worker’s Compensation system is governed primarily by Chapter 102 of the Wisconsin Statutes. Under [Wis. Stat. § 102.03](https://docs.legis.wisconsin.gov/statutes/statutes/102/03), employees who suffer injuries arising out of and in the course of employment may be entitled to Worker’s Compensation benefits regardless of fault. This means an injured worker generally does not have to prove that the employer caused the accident. Instead, the focus is on whether the injury occurred within the scope of employment and whether it is compensable under Wisconsin law.
## Common Warehouse And Factory Injuries
Warehouse and factory workers face many hazards on the job. Some injuries happen suddenly, while others build up over time from doing the same physical tasks again and again.
Common workplace injuries include:
- Back Injuries
- Neck Injuries
- Shoulder Injuries
- Knee Injuries
- Repetitive Stress Injuries
- Crush Injuries
- Amputations
- Fractures
- Traumatic Brain Injuries
- Hearing Loss
Many people don’t realize that injuries from repetitive tasks can also qualify for benefits under Wisconsin Worker’s Compensation law. Doing things like lifting, bending, reaching, or running machines over and over can cause real physical harm over time.
### Benefits Available Under Wisconsin Worker’s Compensation Law
Wisconsin law offers different types of benefits for injured workers. Depending on how serious the injury is, you may get help with medical care, lost wages, job retraining, or permanent disability payments.
Under Wis. Stat. § 102.42, injured workers may be entitled to reasonable and necessary medical treatment related to their work injuries. This can include physician visits, hospital care, diagnostic testing, physical therapy, medications, and surgical procedures, as needed.
Workers who are unable to work because of their injuries may also qualify for temporary disability benefits under Wis. Stat. § 102.43. These benefits help replace a portion of lost income while the worker recovers.
### Reporting The Injury Is Critical
One of the most important steps following a workplace injury is promptly reporting the incident. Delays in reporting can create complications and may give insurance carriers an opportunity to question whether the injury is work-related.
You should tell your employer about your injury as soon as you can and get medical care if you need it. Keeping good records is important to show that your injury is related to your job. Things like medical records, accident reports, witness statements, and treatment notes can all be important evidence if you file a claim.
### Disputed Claims And Denied Benefits
Wisconsin’s Worker’s Compensation system is meant to help workers without long court battles, but disagreements can still happen. Insurance companies might question how serious your injury is, if you need certain treatments, how disabled you are, or if your injury was really caused by your job.
If there is a dispute, you may need to go to a hearing with the Wisconsin Department of Workforce Development Worker’s Compensation Division. These hearings usually include medical records, expert opinions, and legal arguments about whether you qualify for benefits.
### Permanent Injuries And Long-Term Consequences
Some warehouse and factory injuries result in permanent physical limitations. Workers may be unable to return to their previous positions or may require long-term medical care.
Wisconsin law provides compensation for certain permanent disabilities under Chapter 102. The amount and duration of benefits depend on the nature of the injury and its impact on the worker’s ability to earn a living.
Because permanent disability claims can involve complex medical and legal issues, it is often important to carefully evaluate all available benefits.
## Wisconsin Warehouse Work Injury FAQs
### What Should I Do Immediately After A Warehouse Or Factory Injury?
Report the injury to your employer as soon as possible and seek appropriate medical treatment. Prompt reporting and medical documentation often play an important role in protecting your claim.
### Do I Have To Prove My Employer Was Negligent To Receive Benefits?
No. Wisconsin Worker’s Compensation is generally a no-fault system under Wis. Stat. § 102.03. Eligible workers may receive benefits even if the employer did not do anything wrong.
### Can Repetitive Stress Injuries Qualify For Worker’s Compensation?
Yes. Repetitive trauma injuries caused by work activities may qualify for benefits if the medical evidence supports a connection between the condition and the employment.
### What Medical Benefits Are Available Under Wisconsin Worker’s Compensation?
Under Wis. Stat. § 102.42, injured workers may be entitled to reasonable and necessary medical treatment related to their workplace injuries, including doctor visits, therapy, medications, and surgery.
### What Happens If My Claim Is Denied?
A denial does not necessarily mean your claim is over. Disputes may be addressed through the Wisconsin Department of Workforce Development Worker’s Compensation Division, where evidence can be presented in support of your claim.
### Can I Receive Wage Loss Benefits While Recovering?
Yes. Eligible workers who are temporarily unable to work due to their injuries may receive temporary disability benefits under Wis. Stat. § 102.43.
### What If I Cannot Return To My Previous Job?
Some injured workers may qualify for additional benefits, vocational rehabilitation services, or permanent disability compensation depending on the nature of their injuries.
### How Long Do I Have To Report A Workplace Injury?
Workers should report injuries as soon as possible. Delays can create evidentiary problems and may complicate the claims process.
## Call Our Wisconsin Warehouse Injury Attorneys For Your Free Consultation
Warehouse and factory injuries can leave workers facing physical pain, lost income, and uncertainty about the future. At Gillick, Wicht, Gillick & Graf, we fight to protect the rights of injured workers throughout Wisconsin. We understand the challenges that follow serious workplace accidents and work aggressively to pursue the benefits our clients deserve under Wisconsin Worker’s Compensation law.
If you were injured while working in a warehouse, factory, manufacturing facility, or distribution center, Contact our [Milwaukee worker’s compensation attorneys](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf by calling [414-257-2667](tel:14142572667) to [receive a free consultation](https://www.gillickwicht.com/Contact.shtml). Our office is located in Milwaukee, Wisconsin, and we represent injured workers throughout the state of Wisconsin.
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**Categories:** Worker's Compensation Claim Attorney
**Tags:** Workers’ Compensation Claims For Warehouse Injuries
---
### [Common Reasons Wisconsin Employers Dispute Workplace Injury Claims](https://www.gillickwicht.com/common-reasons-wisconsin-employers-dispute-workplace-injury-claims/)
**Published:** July 7, 2026
**Author:** admin
**Content:**
A workplace injury can mean medical bills, lost pay, and worries about your job and future. Many people think reporting an injury will automatically lead to Wisconsin Worker’s Compensation benefits, but that does not always happen. Employers and insurance companies sometimes dispute claims for different reasons, even if you believe your injury is clearly work-related. Knowing why claims get challenged can help you protect your rights and prepare for what might come next. At Gillick, Wicht, Gillick & Graf, we help injured workers across [Wisconsin](https://www.wisconsin.gov/Pages/Home.aspx) and regularly assist clients with claim denials and disputes involving Worker’s Compensation benefits.
Wisconsin’s Worker’s Compensation system is governed primarily by [Chapter 102](https://docs.legis.wisconsin.gov/statutes/statutes/102.pdf) of the Wisconsin Statutes. Under Wis. Stat. [§ 102.03](https://docs.legis.wisconsin.gov/statutes/statutes/102/03), injured workers may qualify for benefits when they suffer an injury arising out of and in the course of employment. Although the law provides important protections, employers and insurance companies may still contest whether a claim satisfies the legal requirements for compensation.
## Disputes About Whether The Injury Happened At Work
A common reason for a disputed claim is disagreement about how or where the injury happened. Employers or insurance companies might say the injury took place outside of work or was caused by something unrelated to your job.
For example, if no one saw the accident or if the injury developed slowly, your employer might question whether it is really related to your job. This often comes up with back injuries, repetitive stress injuries, and occupational illnesses. Prompt reporting and accurate documentation can play an important role in addressing these disputes.
### Allegations Of Preexisting Conditions
Insurance carriers frequently examine an injured worker’s prior medical history. They may argue that a worker’s symptoms result from a preexisting condition rather than a workplace injury.
Wisconsin law says a preexisting condition does not automatically stop you from getting benefits. If your job made the condition worse, you may still qualify for compensation. Medical evidence is often key in these cases.
### Delayed Injury Reporting
Employers may challenge your claim if you do not report your injury right away. Wisconsin law has notice requirements under [Wis. Stat. § 102.12](https://docs.legis.wisconsin.gov/statutes/statutes/102/12), and waiting to report can raise questions about what caused your injury.
While a delayed report does not automatically defeat a claim, employers and insurers may argue that the injury occurred elsewhere or that the condition is unrelated to work activities.
Workers should report injuries as soon as reasonably possible and seek medical attention promptly.
### Disputes Regarding Medical Treatment
Another common area of disagreement involves medical treatment recommendations and work restrictions. Insurance carriers may challenge whether certain treatments are reasonable, necessary, or related to the workplace injury.
Disputes may involve surgical recommendations, physical therapy, prescription medications, diagnostic testing, or permanent restrictions.
Independent medical examinations are often used by insurers to support their position, which can lead to conflicting medical opinions.
### Challenges Involving Repetitive Traumatic Injuries
Not every workplace injury occurs because of a single accident. Many workers develop injuries over months or years due to repetitive motions, heavy lifting, awkward positions, or ongoing physical stress.
These cases are often disputed because it can be more difficult to identify a specific injury date. Employers may argue that aging, personal activities, or prior conditions are responsible for the symptoms rather than workplace duties.
### Disputes About Disability Benefits
Even when a claim is accepted, disagreements may arise regarding disability benefits. Wisconsin Worker’s Compensation law provides various forms of compensation, including temporary disability and permanent disability benefits.
Insurance carriers may challenge the extent of disability, the duration of disability, work restrictions, and permanent impairment ratings. A worker’s ability to return to employment often becomes a central issue in these disputes.
## Why You Need Legal Representation
Employers and insurance companies have significant resources available when defending Worker’s Compensation claims. Injured workers often face complicated medical and legal issues while trying to recover from their injuries.
When disputes arise, legal representation can help gather evidence, obtain medical support, challenge unfavorable opinions, and protect a worker’s right to benefits under Wisconsin law.
## Wisconsin Worker’s Comp FAQs
### Why Would An Employer Dispute A Worker’s Compensation Claim?
Employers and insurance carriers may dispute claims if they question whether the injury occurred at work, whether it is related to employment, the extent of the injury, or the need for medical treatment.
### Can I Receive Benefits If I Had A Preexisting Condition?
Yes. A preexisting condition does not automatically disqualify you from benefits. If your work activities aggravated or accelerated the condition, compensation may still be available.
### What Happens If I Did Not Report My Injury Immediately?
A delayed report may create challenges, but it does not necessarily prevent recovery. Wisconsin law contains notice requirements, and each situation depends on the specific facts involved.
### Can The Insurance Company Require An Independent Medical Examination?
Yes. Insurers may request an independent medical examination to evaluate your condition. However, the opinions provided during these examinations may be challenged when appropriate.
### What If My Employer Says My Injury Happened Outside Of Work?
Medical records, witness statements, accident reports, and other evidence may help establish that the injury arose out of and in the course of employment.
### Are Repetitive Stress Injuries Covered Under Wisconsin Worker’s Compensation Law?
Yes. Repetitive trauma injuries may qualify for benefits if they are related to job duties. These claims often require substantial medical evidence linking the condition to work activities.
### Can I Appeal A Denied Worker’s Compensation Claim?
Yes. Wisconsin provides procedures for resolving disputes through the Worker’s Compensation Division. Legal representation may be beneficial when pursuing a contested claim.
### How Long Can I Receive Worker’s Compensation Benefits?
The duration of benefits depends on the nature of the injury, medical condition, work restrictions, and other factors specific to the claim.
## Contact Our Wisconsin Worker’s Comp Attorneys To Fight For You
Workplace injury claims can become complicated when employers or insurance carriers challenge benefits. At Gillick, Wicht, Gillick & Graf, we fight to protect injured workers and pursue the benefits they deserve under Wisconsin Worker’s Compensation law. We understand the tactics often used to dispute claims and work aggressively to protect our clients throughout the process.
If your Wisconsin Worker’s Compensation claim has been disputed or denied, contact our [Milwaukee worker’s comp attorneys](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf by calling [414-257-2667](tel:14142572667) to [receive a free consultation](https://www.gillickwicht.com/Contact.shtml). Our office is located in Milwaukee, Wisconsin, and we proudly represent injured workers throughout the entire State of Wisconsin.
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**Categories:** Worker's Compensation Claim Attorney
**Tags:** Common Reasons Wisconsin Employers Dispute Workplace Injury Claims
---
### [What Happens After You Report A Work Injury In Wisconsin](https://www.gillickwicht.com/what-happens-after-you-report-a-work-injury-in-wisconsin/)
**Published:** June 22, 2026
**Author:** admin
**Content:**
Reporting a work injury is just the first step in the Wisconsin Worker’s Compensation process. Many people are unsure about what comes next or what rights they have. After you report an injury, several legal and administrative steps follow that can affect your medical care, wage benefits, and recovery. We help injured workers in Milwaukee and throughout Wisconsin navigate this process and protect their rights. Early choices and good documentation can make a big difference in your claim. Knowing what to expect helps you avoid mistakes and handle each stage with confidence.
## Employer And Insurance Company Response
Once you report your injury, your employer must take action as required by Wisconsin law. Wisconsin Statute [Section 102.11](https://law.justia.com/codes/wisconsin/2011/102/) says most employers need to have Worker’s Compensation insurance. Your employer or their insurance company will review your claim and decide whether to accept or deny it. Often, the insurer will ask for statements, medical records, and details about how you were hurt. Make sure to give accurate information, since these details will be used to review your claim. However, do not give a recorded statement or sign a written statement. If your claim is accepted, you should start receiving benefits as the law outlines.
### Medical Treatment And Choice Of Provider
You have the right to get medical treatment for your work injury. Wisconsin Statute [Section 102.42](https://law.justia.com/codes/wisconsin/2011/102/102.04.html) says employers must pay for reasonable and necessary care related to your injury. Usually, you can choose your own doctor, though there are some limits if your employer has specific providers. Good medical records are important because your benefits depend on your doctor’s notes and opinions. Following your doctor’s advice and going to all appointments helps your claim and your recovery.
### Wage Loss Benefits And Disability Ratings
If your injury keeps you from working, you may qualify for temporary disability benefits. Wisconsin Statute [Section 102.43](https://law.justia.com/codes/wisconsin/2011/102/102.43.html) explains temporary total and partial disability benefits. These payments are usually a percentage of your average weekly wage. When your condition is stable, your doctor might give you a permanent disability rating if you have lasting problems. This rating affects whether you get permanent partial disability benefits. Keeping good wage records and getting thorough medical evaluations are important for deciding your compensation.
### Disputes And Hearings Before The Department
Sometimes, claims do not go smoothly. If the insurance company denies your claim or questions your benefits, you can challenge their decision. Wisconsin Statute section 102.17 explains how to file a claim with the Wisconsin Department of Workforce Development. This process may lead to a hearing with an administrative law judge. At this stage, you will need to present evidence like medical reports, witness statements, and work records. We make sure cases are well-prepared so the facts and legal arguments are clear.
### Return To Work And Ongoing Rights
As you get better, you might be cleared to go back to work, sometimes with restrictions. Wisconsin law supports returning to a job that fits your abilities, but your rights are still protected. If your employer cannot meet your restrictions, you may keep getting benefits. Sometimes, you may qualify for vocational rehabilitation under Wisconsin Statute section 102.61. We help clients look at their options and make sure going back to work does not harm their health or legal rights.
## Wisconsin Worker’s Compensation Frequently Asked Questions
###
What should I do immediately after reporting a work injury?
After reporting your injury, you should seek medical treatment as soon as possible and follow all instructions from your healthcare provider. Make sure the doctor knows that your injury is work-related so it is properly documented. You should also keep copies of any incident reports and communications with your employer. Prompt action helps establish a clear record that supports your claim under Wisconsin Worker’s Compensation law.
### Can my employer deny my work injury claim?
Yes, your employer or their insurance company can deny your claim if they think your injury is not work-related or if there is not enough proof. If this happens, you can still try to get benefits by filing with the Wisconsin Department of Workforce Development under section 102.17. Many denied claims are later settled through hearings or negotiation when you provide the right evidence.
### How long do I have to report a work injury in Wisconsin?
Wisconsin law usually says you must report your injury within 30 days, but there are some exceptions. It is best to report your injury as soon as possible to avoid problems with timing. Waiting too long can give the insurance company a reason to doubt your claim, even if your injury is real.
### What benefits are available under Wisconsin Worker’s Compensation?
You may get benefits like payment for medical bills under section 102.42, temporary disability under section 102.43, and permanent disability if you have lasting problems. Sometimes, you may also get vocational rehabilitation under section 102.61. The benefits you receive depend on how serious your injury is and whether you can return to work.
### Do I need an attorney for a work injury claim?
While you are not required to have an attorney, legal representation can be very helpful, especially if your claim is denied or benefits are disputed. The Wisconsin Worker’s Compensation system involves specific rules and procedures that can be difficult to manage alone. Having legal guidance helps ensure that your rights are protected and that you receive the benefits you are entitled to under the law.
## Call Our Wisconsin Worker’s Compensation Attorneys For A Free Consultation
If you were hurt at work and are not sure what to do next, we can help you learn about your rights and guide you through the process. Gillick, Wicht, Gillick & Graf helps injured workers in Milwaukee and across Wisconsin. Contact our [Milwaukee worker’s comp lawyers](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf by calling [414-257-2667](tel:14142572667) to [receive a free consultation](https://www.gillickwicht.com/Contact.shtml) and to talk about your Wisconsin Worker’s Compensation claim with our team.
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**Categories:** Worker's Compensation Claim Attorney
**Tags:** What Happens After You Report A Work Injury In Wisconsin
---
### [Vocational Rehabilitation In Wisconsin Worker’s Compensation Cases](https://www.gillickwicht.com/vocational-rehabilitation-in-wisconsin-workers-compensation-cases/)
**Published:** June 1, 2026
**Author:** admin
**Content:**
Vocational rehabilitation plays a key role in many Wisconsin Worker’s Compensation cases, especially when an injury keeps someone from returning to their old job. Many people think benefits only cover medical bills and lost wages, but Wisconsin law also aims to help restore your ability to earn a living. We help clients throughout Milwaukee and Wisconsin understand their rights when vocational rehabilitation is needed. This process may include retraining, help finding a new job, and regular reviews of work restrictions. It can be crucial for your long-term financial stability after a work injury. Knowing how vocational rehabilitation works in Wisconsin can help you make better choices about your future.
## Legal Basis For Vocational Rehabilitation Benefits
Vocational rehabilitation benefits are governed by Wisconsin Statutes [Section 102.61](https://docs.legis.wisconsin.gov/document/statutes/102.61). This statute provides that when an injured employee cannot return to suitable employment due to a work-related injury, they may be entitled to retraining services designed to restore earning capacity. Suitable employment is generally defined as work that is within the employee’s physical restrictions and offers a reasonable wage in light of their prior earnings. The Wisconsin Department of Workforce Development, through the Division of Vocational Rehabilitation (DVR) oversees these programs and may assign a vocational counselor to evaluate your situation. We help ensure that the plan proposed is appropriate and complies with statutory requirements.
### Eligibility And Scope Of Services
Not all injured workers are eligible for vocational rehabilitation, and eligibility is sometimes challenged. To qualify under section 102.61, you need medical proof that you cannot go back to your old job and earn at least 90 percent of your preinjury average weekly wage and that retraining is needed. Services may include job assessments, help with job searches, and formal education or training. Sometimes, tuition and related costs are covered. We review whether the services offered are enough and if more training is needed to help you return to work.
### Disputes With Employers And Insurers
Employers and insurance carriers may challenge the need for vocational rehabilitation or attempt to limit the scope of services. They may argue that suitable employment is available without retraining or that the worker can return to a modified position. These disputes are resolved through the Wisconsin Worker’s Compensation system, including hearings before an administrative law judge if necessary. We represent clients in these disputes and present medical and vocational evidence to support the need for rehabilitation. A well-supported claim increases the likelihood of approval and appropriate benefits.
### Impact On Wage Loss And Future Earnings
Vocational rehabilitation can directly affect wage loss benefits and long-term earning potential. While participating in an approved program, injured workers may receive temporary disability benefits under Wisconsin Statutes [Section 102.43](https://law.justia.com/codes/wisconsin/chapter-102/section-102-43/). The goal is to bridge the gap between injury and reemployment. A successful rehabilitation plan can lead to a new career path that accommodates physical limitations while preserving income potential. We focus on ensuring that the plan is realistic and aligned with your long-term goals.
## Wisconsin Vocational Rehabilitation Frequently Asked Questions
###
Who qualifies for vocational rehabilitation in Wisconsin Worker’s Compensation cases?
To qualify, you need a work injury that keeps you from going back to your old job and earning at least 90 percent of your preinjury average weekly wage. You must have medical records showing how your restrictions affect your earnings. Wisconsin Statutes section 102.61 is for workers who need retraining to earn a living again. The Division of Vocational Rehabilitation usually decides if you are eligible, but sometimes the insurer disagrees and says you can work without retraining. We help gather and present evidence to show you qualify and need these services.
### What types of training programs are available through vocational rehabilitation?
Programs can include short-term help finding a job or longer education and technical training. This might mean getting a certificate, going to trade school, or even taking college classes, depending on your needs. The goal is to give you training that leads to a job you can do with your physical limits. The program should be reasonable and help you get back to work.
### Can an employer refuse to provide vocational rehabilitation benefits?
An employer or insurer can dispute the need for vocational rehabilitation, but they cannot simply deny benefits without a legal basis. If there is disagreement, the issue can be brought before the Wisconsin Worker’s Compensation Division for resolution. Evidence such as medical opinions and vocational assessments will be considered. If the administrative law judge finds that rehabilitation is necessary, the employer and insurer must comply with the order. We advocate for our clients throughout this process to ensure their rights are protected.
### How long do vocational rehabilitation benefits last?
The duration of benefits depends on the approved plan and the time required to complete training or secure employment. Some programs may last a few months, while others can extend longer if additional education is needed. Benefits are not unlimited, and they must remain reasonable under the circumstances. Ongoing evaluation may occur to determine whether the program is effective. We monitor the progress of the plan and address any issues that arise during the process.
### Will I continue to receive income while in a rehabilitation program?
Yes, most injured workers get temporary disability benefits while in an approved vocational rehabilitation program under Wisconsin Statutes section 102.43. These payments help make up for lost wages during retraining. The amount is usually based on your average weekly pay, up to certain limits set by law. Making sure these payments are correct is a key part of your claim. We check to see that you get all the benefits you should under the law.
## Call Our Wisconsin Worker’s Comp Lawyers For A Free Consultation
If you were hurt at work and are not sure if vocational rehabilitation applies to your case, we can help explain your options. Gillick, Wicht, Gillick & Graf represents injured workers in Milwaukee and across Wisconsin. Contact our [Milwaukee worker’s comp lawyers](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf by calling [414-257-2667](tel:14142572667) to [receive a free consultation](https://www.gillickwicht.com/Contact.shtml) and to find out how we can help protect your rights and your future.
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**Categories:** Worker's Compensation Claim Attorney
**Tags:** Vocational Rehabilitation In Wisconsin Worker’s Compensation Cases
---
### [What If Your Wisconsin Worker's Comp Claim Is Denied? Next Steps That Matter](https://www.gillickwicht.com/what-if-your-wisconsin-workers-comp-claim-is-denied-next-steps-that-matter/)
**Published:** May 11, 2026
**Author:** admin
**Content:**
A denial of a Wisconsin Worker’s Compensation claim can create stress and uncertainty, especially when medical bills and lost wages begin to accumulate. Many injured workers assume that filing a claim automatically leads to benefits. Unfortunately, insurance carriers often deny claims for a variety of reasons. These denials do not mean that the claim lacks merit. In many cases, valid claims are denied due to disputes over medical evidence, employment status, or whether the injury arose out of employment. Wisconsin law provides important protections for injured workers, and understanding those protections is critical after a denial.
Under Wisconsin Worker’s Compensation law, injured workers are entitled to benefits for injuries that arise out of and in the course of employment. This standard is defined under Wis. Stat. § 102.03. If the employer or insurance carrier disputes whether the injury occurred at work, the claim may be denied. In other situations, insurers may argue that the injury resulted from a pre-existing condition or occurred outside the scope of employment. These disputes often require additional evidence and legal advocacy.
### Reviewing The Denial And Identifying The Reason
The first step after a denial is reviewing the explanation carefully. Wisconsin law requires insurers to provide notice when benefits are denied. Under [Wis. Stat. § 102.17](https://docs.legis.wisconsin.gov/statutes/statutes/102/17), injured workers have the right to pursue a hearing before the Wisconsin Department of Workforce Development Division of Hearings and Appeals. Understanding the reason for denial helps determine the best strategy moving forward.
Common reasons for denial include late reporting of the injury, disputes regarding medical causation, or claims that the worker was not performing job duties at the time of injury. Wisconsin law requires employees to report injuries promptly under [Wis. Stat. § 102.12](https://docs.legis.wisconsin.gov/statutes/statutes/102/12). Failure to provide timely notice may lead to disputes, although exceptions may apply depending on the circumstances.
### Gathering Evidence To Support Your Claim
After a denial, gathering evidence becomes essential. Medical records, witness statements, and incident reports can help support the claim. Wisconsin Worker’s Compensation benefits often depend on medical opinions that link the injury to work activities. Under [Wis. Stat. § 102.42](https://docs.legis.wisconsin.gov/statutes/statutes/102/42), injured workers are entitled to reasonable medical treatment related to work injuries. Disputes often arise when insurers question whether treatment is related to employment.
We often recommend obtaining detailed medical opinions from treating physicians. These opinions may address causation, work restrictions, and disability. Supporting documentation strengthens the claim and improves the chances of success at a hearing.
### Filing An Application For Hearing
If the denial continues, injured workers may file an Application For Hearing with the Wisconsin Division of Hearings and Appeals. This process is governed by [Wis. Stat. § 102.17](https://docs.legis.wisconsin.gov/statutes/statutes/102/17). A hearing allows both parties to present evidence before an administrative law judge. The judge then determines whether benefits should be awarded.
During the hearing process, evidence such as medical records, testimony, and employment documentation is presented. This process can be complex, and legal representation often helps ensure that evidence is properly presented. Many denied claims are later approved after a hearing.
### Understanding Benefits Available After Approval
If the claim is approved, injured workers may receive various benefits. Wisconsin Worker’s Compensation law provides medical benefits, temporary disability benefits, and permanent disability benefits. These benefits may include wage replacement and medical care.
Understanding these benefits helps injured workers pursue full compensation. A denial does not eliminate these rights. Instead, it often signals that additional legal steps are required.
### Why Acting Quickly Matters
Wisconsin law includes deadlines for filing claims and pursuing hearings. Delays may affect eligibility for benefits. Taking action promptly helps protect rights and preserve evidence. Early involvement often improves outcomes.
## Worker’s Compensation FAQs
### What Should I Do Immediately After My Claim Is Denied?
After a denial, review the notice carefully and gather supporting documentation. Medical records, incident reports, and witness statements may strengthen the claim. Wisconsin law allows injured workers to request a hearing under Wis. Stat. § 102.17.
### Can I Still Receive Benefits After A Denial?
Yes. A denial does not end the claim. Injured workers may pursue benefits through the hearing process. Many denied claims are later approved.
### How Long Do I Have To File A Hearing Request?
Deadlines vary depending on circumstances. Acting promptly helps preserve rights. Wisconsin Worker’s Compensation law includes limitations periods under Wis. Stat. § 102.17.
### What If My Employer Disputes That The Injury Happened At Work?
Disputes over causation are common. Medical opinions and witness testimony may support the claim. Wisconsin law under Wis. Stat. § 102.03 defines compensable injuries.
### Can I Choose My Own Doctor?
Wisconsin law allows injured workers to select their treating physician under Wis. Stat. § 102.42. Medical documentation from treating providers often plays an important role.
### What Benefits May Be Available?
Benefits may include medical treatment, wage replacement, and permanent disability compensation under Wis. Stat. §§ 102.42, 102.43, and 102.44.
### Should I Hire An Attorney After A Denial?
Yes – Legal representation often helps gather evidence and present the claim effectively. Attorneys help ensure compliance with Wisconsin Worker’s Compensation law.
## Call Our Wisconsin Worker’s Compensation Attorneys For A Free Consultation
If your Wisconsin Worker’s Compensation claim has been denied, you still have options. Gillick, Wicht, Gillick & Graf helps injured workers pursue benefits after denials and disputes. Our legal team represents injured workers throughout Wisconsin and works to secure the compensation they deserve.
Contact our [Milwaukee worker’s comp lawyers](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf by calling [414-257-2667](tel:14142572667) to [receive a free consultation](https://www.gillickwicht.com/Contact.shtml). With offices located in Milwaukee, the firm represents injured workers across all of Wisconsin. A consultation can help you understand your rights and take the next step forward.
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**Categories:** Worker's Compensation Claim Attorney
**Tags:** What If Your Wisconsin Worker's Comp Claim Is Denied? Next Steps That Matter, Wisconsin Worker's Comp claim attorney
---
### [Permanent Disability Ratings In Wisconsin Worker’s Compensation Cases Explained](https://www.gillickwicht.com/permanent-disability-ratings-in-wisconsin-workers-compensation-cases-explained/)
**Published:** March 1, 2026
**Author:** admin
**Content:**
A workplace injury can have long-term effects, not just short-term medical needs. Many people continue to deal with symptoms that make it hard to work or handle daily tasks. In these cases, Wisconsin Worker’s Compensation law offers benefits for permanent disability. These benefits help workers who have lasting impairments after their recovery has leveled off. Knowing how permanent disability ratings work is important because they determine how much compensation you may get.
In Wisconsin, permanent disability is usually considered after you reach maximum medical improvement. This means your condition has stabilized and is not likely to get better with more treatment. At this point, a doctor may give you a permanent disability rating. This rating helps decide your compensation. The process can be complicated, and disagreements about the right rating are common.
## How Permanent Disability Ratings Are Determined
A treating doctor or an independent medical examiner usually assigns permanent disability ratings. They base these ratings on your medical results, what you can and cannot do, and how the injury affects you over time. Wisconsin law recognizes both permanent partial disability and permanent total disability.
Permanent partial disability means you have a lasting injury but can still work in some way. Permanent total disability means you cannot return to any kind of work. Wisconsin Worker’s Compensation statutes under [Wis. Stat. § 102.44](https://docs.legis.wisconsin.gov/statutes/statutes/102/44) explain how compensation for permanent disability is calculated.
For some injuries, Wisconsin law offers scheduled benefits. These are listed in [Wis. Stat. § 102.52](https://docs.legis.wisconsin.gov/statutes/statutes/102/52) and cover injuries to specific body parts like arms, legs, hands, or eyes. The amount you receive depends on the percentage of disability for that body part. For example, if you have a ten percent disability rating for a hand injury, your compensation is based on a percentage of the weeks assigned to hand injuries.
Other injuries, like those to the back or head, are considered [unscheduled disabilities](https://dwd.wi.gov/wc/insurance/training/pdf/2021-spring/disability-ratings.pdf). In these cases, your compensation may depend on both the percentage of disability for the body part and how much your ability to earn a living has been reduced. Wisconsin law understands that some injuries affect your overall ability to work, not just one body part.
## Legal Issues That Often Arise In Permanent Disability Cases
Disputes often occur regarding permanent disability ratings. Insurance carriers may rely on independent medical examinations that assign lower ratings. Injured workers may receive conflicting opinions from treating physicians. These disagreements can significantly impact compensation.
Wisconsin Worker’s Compensation law allows injured workers to challenge ratings. Under [Wis. Stat. § 102.17](https://docs.legis.wisconsin.gov/statutes/statutes/102/17), disputes may be resolved through hearings before an administrative law judge. These hearings allow presentation of medical evidence, testimony, and vocational information.
Another issue involves return-to-work restrictions. If an injured worker cannot return to their previous job, vocational factors may influence benefits. Wisconsin law recognizes that age, education, and work experience may affect earning capacity.
## Why Legal Guidance Matters In Permanent Disability Cases
Permanent disability ratings can affect financial stability long after an injury. We work closely with injured workers to evaluate medical evidence, obtain additional opinions when needed, and present strong claims for fair compensation. Early legal involvement often helps avoid mistakes and strengthens claims.
Understanding the rating process, medical evidence, and legal standards can help injured workers protect their rights. Permanent disability benefits are designed to provide compensation for lasting harm, and proper evaluation is essential.
## Worker’s Compensation FAQs
### What Is Permanent Partial Disability In Wisconsin Worker’s Compensation?
Permanent partial disability refers to a lasting impairment after a workplace injury. Wisconsin law allows compensation based on the severity of the impairment. Ratings are usually assigned by a physician after maximum medical improvement.
### What Is Permanent Total Disability?
Permanent total disability applies when an injured worker cannot return to gainful employment. Wisconsin law under Wis. Stat. § 102.44 allows benefits for workers who cannot work due to permanent injury.
### How Are Disability Ratings Calculated?
Physicians evaluate medical findings and functional limitations. Scheduled injuries follow Wis. Stat. § 102.52. Unscheduled injuries may also involve loss of earning capacity.
### Can I Challenge A Disability Rating?
Yes. Injured workers may dispute ratings. Wisconsin law under Wis. Stat. § 102.17 allows hearings to resolve disputes.
### What If My Doctor And Insurance Doctor Disagree?
Conflicting opinions are common. Additional medical evaluations may be necessary. Administrative hearings may resolve disputes.
### When Are Permanent Disability Benefits Paid?
Benefits are typically paid after maximum medical improvement. The timeline varies depending on the case.
### Can I Work And Still Receive Benefits?
Yes. Workers can receive permanent partial disability benefits while working.
### What If My Condition Gets Worse Later?
In some cases, injured workers may reopen claims if their condition worsens. Wisconsin law may allow additional benefits depending on circumstances.
## Call Gillick, Wicht, Gillick & Graf For A Free Consultation About Your Disability Rating
Permanent disability ratings can significantly impact your future. Gillick, Wicht, Gillick & Graf helps injured workers throughout Wisconsin pursue fair compensation under Wisconsin Worker’s Compensation law. Our legal team works to protect your rights and ensure your disability rating reflects the true impact of your injury.
Contact our [Milwaukee worker’s compensation attorneys](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf by calling [414-257-2667](tel:14142572667) to [receive a free consultation](https://www.gillickwicht.com/Contact.shtml). With offices in [Milwaukee](https://city.milwaukee.gov/home), our firm represents injured workers throughout all of Wisconsin.
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**Categories:** Worker's Compensation Law Firm
---
### [Understanding Your Options When Filing an OSHA Complaint](https://www.gillickwicht.com/understanding-your-options-when-filing-an-osha-complaint/)
**Published:** April 14, 2026
**Author:** admin
**Content:**
## Workplace Safety and Worker Rights in Southeastern Wisconsin
For employees in [Milwaukee](https://city.milwaukee.gov/home) and surrounding Southeastern Wisconsin communities such as Waukesha, Racine, Kenosha, and West Allis, workplace safety is not simply a regulatory requirement—it is a fundamental legal right. Every worker, regardless of industry, is entitled to perform their job in an environment that does not expose them to unreasonable risks of injury, illness, or death.
Despite extensive federal oversight, workplace hazards remain a persistent issue across Wisconsin’s key industries. Manufacturing facilities, construction sites, and healthcare environments all present unique and often serious risks. When employers fail to address these hazards, workers must rely on federal protections to hold them accountable and prevent further harm.
Filing an OSHA complaint is one of the most effective tools available to workers who encounter unsafe conditions. However, many employees are uncertain about when to file, how the process works, and what protections exist against retaliation.
## Understanding OSHA and Workplace Safety Laws
The [Occupational Safety and Health Administration](http://www.osha.gov/) is the primary federal agency responsible for establishing and enforcing workplace safety standards across the United States. OSHA’s mission is to ensure that employers provide safe and healthful working conditions by setting and enforcing standards, as well as providing training, outreach, and education.
In Wisconsin, OSHA operates under federal jurisdiction rather than a state-administered OSHA plan. This means that private-sector workers in Milwaukee, Waukesha, Racine, Kenosha, and surrounding areas are protected by federal OSHA regulations. These regulations apply across a wide range of industries and impose clear obligations on employers.
[At the core of OSHA’s regulatory framework is the General Duty Clause](https://www.osha.com/blog/general-duty-clause), which requires employers to provide a workplace free from recognized hazards that are likely to cause death or serious physical harm. This obligation is intentionally broad, allowing OSHA to address emerging risks even when specific regulations have not yet been established.
For workers, OSHA protections translate into several critical rights. Employees are entitled to work in environments where safety hazards are actively managed and minimized. They have the right to receive training on workplace risks, access safety data, and report dangerous conditions without fear of retaliation. Additionally, workers can request OSHA inspections and participate in investigations, ensuring that their concerns are formally addressed.
Understanding these rights is essential for any worker considering filing an OSHA complaint. Without this foundation, employees may hesitate to act or fail to recognize when their rights are being violated.
## Common Workplace Hazards in Milwaukee and Southeastern Wisconsin
Workplace hazards in Southeastern Wisconsin are heavily influenced by the region’s industrial landscape. Milwaukee’s economy includes a strong manufacturing base, active construction sectors, and a robust healthcare system. Each of these industries presents distinct safety challenges that can lead to serious injuries if not properly managed.
### Manufacturing Hazards
Manufacturing remains a cornerstone of the Milwaukee economy, with facilities producing machinery, metal components, and consumer goods. While these operations are vital to the region’s economic health, they also expose workers to significant risks.
One of the most serious hazards in manufacturing environments involves heavy machinery. Equipment such as presses, conveyors, and cutting machines can cause catastrophic injuries if proper safeguards are not in place. When machine guards are missing or improperly maintained, workers may be exposed to moving parts that can result in amputations, crush injuries, or severe lacerations.
Another critical concern is the failure to implement proper lockout and tagout procedures. These protocols are designed to ensure that machinery is completely powered down during maintenance or repair. Without these safeguards, equipment can unexpectedly activate, placing workers in immediate danger.
In addition to acute injuries, manufacturing workers often face long-term risks associated with repetitive motion. Tasks that require repeated movements over extended periods can lead to chronic conditions such as carpal tunnel syndrome, tendonitis, and other musculoskeletal disorders. These injuries may not be immediately visible but can significantly impact a worker’s ability to perform their job over time.
### Construction Site Dangers
Construction sites throughout Milwaukee, Waukesha, and Kenosha present a dynamic and often unpredictable set of hazards. Workers in this industry frequently operate at heights, handle heavy materials, and work in environments where conditions can change rapidly.
Falls are the leading cause of fatalities in the construction industry. Workers who are required to operate on scaffolding, ladders, or rooftops face constant exposure to fall risks. When proper fall protection systems are not implemented or enforced, the likelihood of serious injury increases dramatically.
Electrical hazards are another major concern. Construction sites often involve temporary wiring, exposed electrical components, and high-voltage equipment. Without proper insulation, grounding, and safety protocols, workers may suffer severe burns, shocks, or fatal electrocution.
Heavy equipment accidents also contribute significantly to workplace injuries in this sector. Cranes, forklifts, and excavation machinery require skilled operation and constant vigilance. When safety procedures are ignored or equipment is improperly maintained, accidents can occur with devastating consequences.
### Healthcare Workplace Risks
Healthcare workers in Milwaukee, Racine, and surrounding areas face a unique set of workplace hazards that differ from those in industrial environments. Hospitals, clinics, and long-term care facilities present both physical and biological risks.
Exposure to infectious diseases is a primary concern. Healthcare professionals frequently come into contact with patients carrying contagious illnesses, making proper use of personal protective equipment essential. When safety protocols are not followed, the risk of infection increases significantly.
Workplace violence is another growing issue in healthcare settings. Employees in emergency rooms, psychiatric units, and long-term care facilities may encounter aggressive or unpredictable behavior from patients or visitors. These incidents can result in physical injuries as well as psychological trauma.
Additionally, healthcare workers often perform physically demanding tasks such as lifting or repositioning patients. Without proper training or equipment, these activities can lead to back injuries and other musculoskeletal conditions.
## When to File an OSHA Complaint
Determining when to file an OSHA complaint requires careful consideration of the severity and persistence of workplace hazards. Employees should take action when they encounter conditions that pose a significant risk to their safety or the safety of others.
In many cases, hazards are not isolated incidents but part of a broader pattern of unsafe practices. For example, repeated equipment malfunctions, lack of safety training, or consistent failure to provide protective gear may indicate systemic issues that warrant formal intervention.
Workers should not feel obligated to wait until an injury occurs before taking action. OSHA complaints are designed to prevent harm, not simply respond to it. If a condition has the potential to cause serious injury or illness, it is appropriate to file a complaint.
It is also important to recognize that employers may not always respond adequately to internal reports. While some issues can be resolved through communication with management, others require external oversight to ensure compliance with safety standards.
## The OSHA Complaint Filing Process in Wisconsin
Filing an OSHA complaint is a structured process that allows workers to formally report unsafe conditions and request an investigation.
The process begins with identifying and documenting the hazard. Workers should gather as much information as possible, including detailed descriptions of the unsafe condition, the location within the workplace, and any prior incidents related to the hazard. Photographs, written notes, and witness statements can strengthen the complaint and provide OSHA with a clearer understanding of the situation.
After documenting the issue, workers may choose to report the hazard internally. While this step is not required, it can sometimes lead to a quicker resolution. However, if the employer fails to address the problem or if the hazard is particularly serious, filing an OSHA complaint is the appropriate next step.
Complaints can be submitted online, by mail, or by contacting the local OSHA office. Written complaints that are signed by the employee typically carry more weight and are more likely to result in an on-site inspection.
Once the complaint is received, OSHA evaluates the severity of the reported hazard. In cases involving imminent danger or serious violations, inspectors may conduct an unannounced visit to the workplace. During the inspection, OSHA representatives assess compliance, interview employees, and review safety records.
If violations are identified, OSHA may issue citations and require the employer to take corrective action. Penalties may also be imposed depending on the nature and severity of the violations.
## Whistleblower Protections and Retaliation Claims
Workers who report unsafe conditions are protected under federal law from retaliation. Section 11(c) of the OSHA Act prohibits employers from taking adverse actions against employees who engage in protected activities.
Retaliation can take many forms, including termination, demotion, reduction in hours, or harassment. Even subtle changes in job assignments or workplace treatment may constitute retaliation if they are linked to the employee’s complaint.
Employees who believe they have been retaliated against must act quickly. Complaints must be filed within 30 days of the retaliatory action, making it critical to seek legal guidance as soon as possible.
If OSHA determines that retaliation has occurred, the agency may order remedies such as reinstatement, back pay, and compensation for damages.
## OSHA Complaints and Workers’ Compensation in Wisconsin
OSHA complaints and workers’ compensation claims serve different but complementary purposes. Workers’ compensation provides financial and medical benefits to employees who are injured on the job, while OSHA focuses on identifying and correcting unsafe conditions.
In many cases, a workplace injury may give rise to both types of claims. For example, a worker injured by defective machinery may file a workers’ compensation claim to recover medical expenses and lost wages, while also filing an OSHA complaint to address the underlying safety violation.
Understanding the relationship between these systems is essential for workers seeking both compensation and long-term safety improvements.
## Frequently Asked Questions About OSHA Complaints in Wisconsin
### Can I remain anonymous when filing a complaint?
Yes, OSHA allows anonymous complaints, but signed complaints are generally more likely to result in inspections and enforcement actions.
### What types of hazards should be reported?
Any condition that poses a risk of serious injury or illness should be reported, including unsafe equipment, lack of protective gear, and hazardous exposure.
### How long does the process take?
The timeline varies depending on the complexity of the case and the severity of the hazard. Some cases are resolved quickly, while others require more extensive investigation.
### What if my employer ignores OSHA requirements?
Employers who fail to comply with OSHA standards may face citations, fines, and mandatory corrective actions.
### Do I need legal representation?
While not required, legal representation can be highly beneficial, particularly in cases involving retaliation or serious injuries.
## Contact Gillick, Wicht, Gillick & Graf for a Free Consultation
If you are facing unsafe working conditions or have been injured on the job in Milwaukee, Waukesha, Racine, Kenosha, West Allis, or surrounding areas, you have the right to take action.
Filing an OSHA complaint is an important step in protecting yourself and your coworkers, but it is only one part of the process. Navigating the legal complexities of workplace safety and workers’ compensation requires experience and strategic guidance.
[Gillick, Wicht, Gillick & Graf](https://www.gillickwicht.com/) is dedicated to representing injured workers throughout Southeastern Wisconsin. Their team understands the challenges you face and is committed to helping you secure the protection and compensation you deserve.
Contact Gillick, Wicht, Gillick & Graf today at 414-257-2667 to schedule a free consultation and take the first step toward a safer workplace and a stronger legal position.
*This content is for informational purposes only and does not create an attorney-client relationship.*
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**Categories:** OSHA
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### [Light-Duty Work Offers In Wisconsin Workers’ Comp Cases: Do You Have To Accept?](https://www.gillickwicht.com/light-duty-work-offers-in-wisconsin-workers-comp-cases-do-you-have-to-accept/)
**Published:** April 14, 2026
**Author:** admin
**Content:**
After a workplace injury, many employees in Milwaukee and throughout Wisconsin receive light-duty work offers once a physician imposes restrictions on physical tasks. While these offers may seem helpful, they raise important legal questions. Accepting or declining light-duty work can directly impact wage-loss benefits under Wisconsin Worker’s Compensation law. It is essential to evaluate these offers carefully before deciding.
Wisconsin Worker’s Compensation law is governed by [Chapter 102](https://docs.legis.wisconsin.gov/statutes/statutes/102/01) of the Wisconsin Statutes. The system provides medical treatment and wage replacement for employees injured in the course of employment. Temporary disability benefits are paid under [Wis. Stat. § 102.43](https://docs.legis.wisconsin.gov/statutes/statutes/102/43) when an employee is unable to earn pre-injury wages due to a compensable injury. A light-duty offer can impact eligibility for these benefits.
## What Is Light-Duty Work Under Wisconsin Law?
Light-duty work typically refers to modified employment that accommodates medical restrictions. The job may involve fewer physical demands or different tasks than the employee’s regular position. Under [Wis. Stat. § 102.43(9)](https://docs.legis.wisconsin.gov/statutes/statutes/102/43/9), an employer may offer suitable employment within the employee’s physical and mental limitations.
The main concern is whether the job is suitable. Employment must comply with the medical restrictions set by the treating provider. If the position exceeds these restrictions, the worker may refuse it without losing benefits.
### Do You Have To Accept A Light-Duty Offer?
In many situations, yes, if the job is within medical restrictions and offered in good faith. Under [Wis. Stat. § 102.43(9)(e)](https://docs.legis.wisconsin.gov/statutes/statutes/102/43/9/e), if an employee refuses suitable employment without reasonable cause, temporary disability benefits may be suspended during the period of refusal.
However, the offer must be legitimate and align with medical limitations. If the job requires duties that contradict written restrictions, refusal may be justified. Documentation from the treating physician is essential.
We recommend that injured workers review the written job description and compare it to their medical restrictions. If needed, the treating doctor should also review the proposed duties. Under [Wis. Stat. § 102.43(7)](https://docs.legis.wisconsin.gov/statutes/statutes/102/43/7), an injured employee who returns to work at reduced earnings due to injury may receive two-thirds of the wage difference, subject to statutory maximums.
Accurate wage calculations matter. Employers sometimes misclassify earnings or fail to account for overtime and other compensation components when determining benefits.
### What If The Light-Duty Job Is Temporary?
Some light-duty roles are temporary and intended only for recovery. If the employer withdraws the position and no other suitable work is available, temporary total disability benefits may resume under Wis. Stat. § 102.43(1).
If the employer terminates employment for reasons unrelated to the injury, benefit eligibility may depend on whether the termination was due to misconduct. Each case requires careful factual analysis.
### Permanent Restrictions And Vocational Issues
When medical improvement is reached, and permanent restrictions remain, permanent partial disability benefits under Wis. Stat. § 102.52 may be owed. If an employer cannot accommodate permanent restrictions, additional wage loss claims may arise under Wis. Stat. § 102.44.
Vocational rehabilitation may also be available under Wis. Stat. § 102.61 if retraining is necessary.
## Frequently Asked Questions About Light-Duty Work
### Can Temporary Disability Benefits Stop If Light-Duty Work Is Offered?
Yes. Under Wis. Stat. § 102.43(9), temporary disability benefits may be suspended if suitable employment is offered and refused without reasonable cause. The offer must comply with medical restrictions. If it does not, refusal may be justified.
### What Makes A Light-Duty Job Suitable?
Suitability depends on whether the job falls within documented medical limitations and is offered in good faith. The work must not aggravate the injury. A written job description reviewed by the treating provider is often necessary to confirm suitability.
### What If The Light-Duty Position Pays Less Than My Regular Job?
Temporary partial disability benefits may be available under Wis. Stat. § 102.43(7). These benefits compensate for a portion of the wage difference between pre-injury earnings and current earnings.
### Can An Employer Create A Light-Duty Job That Does Not Exist Otherwise?
Yes, employers may create temporary modified positions. However, the job must still be consistent with medical restrictions. If the position ends and no suitable work remains, temporary total disability benefits may resume.
### What Happens If I Attempt Light-Duty Work And My Condition Worsens?
If symptoms worsen due to the assigned duties, medical documentation should be obtained immediately. If the job exceeds restrictions or aggravates the condition, benefits may need to be reinstated. Prompt reporting and medical evaluation are essential.
## Contact Gillick, Wicht, Gillick & Graf For A Free Consultation
Light-duty work offers can affect income, benefits, and long-term recovery. Gillick, Wicht, Gillick & Graf represents injured workers in Milwaukee and throughout Wisconsin in Wisconsin Worker’s Compensation claims. A careful review of job offers and medical restrictions can prevent costly mistakes.
Contact our [Milwaukee worker’s compensation lawyers](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf by calling [414-257-2667](tel:14142572667) to [receive a free consultation](https://www.gillickwicht.com/Contact.shtml). Offices are located in Milwaukee, and representation is available statewide.
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---
### [Worker's Comp Permanent Partial Disability Settlement Amounts In Wisconsin](https://www.gillickwicht.com/workers-comp-permanent-partial-disability-settlement-amounts-in-wisconsin/)
**Published:** April 8, 2026
**Author:** admin
**Content:**
## Understanding Permanent Partial Disability in Wisconsin
When a workplace injury results in lasting physical limitations, injured employees in Wisconsin may be entitled to Permanent Partial Disability benefits under the state’s worker’s compensation system. These benefits are designed to compensate workers for permanent impairment that affects their ability to function, even if they are able to return to some form of employment.
For individuals in [Milwaukee](https://city.milwaukee.gov/home) and surrounding Southeastern Wisconsin communities such as Waukesha, Racine, Kenosha, and West Allis, understanding how Permanent Partial Disability settlements are calculated is essential. The process involves medical evaluations, statutory formulas, and legal considerations governed by Wisconsin Statute Chapter 102 and administered through the [Wisconsin Department of Workforce Development](https://dwd.wisconsin.gov/).
## What Is Permanent Partial Disability Under Wisconsin Worker’s Compensation Law
Permanent Partial Disability, often referred to as PPD, applies when an injured worker has reached a point where their condition has stabilized, but they continue to experience lasting impairment. This stage is known as[ Maximum Medical Improvement](https://dwd.wi.gov/wc/insurance/training/pdf/2021-spring/fmrs-closing-claims.pdf).
Unlike temporary disability benefits, which compensate for lost wages during recovery, PPD benefits are intended to address the long-term impact of an injury. These benefits are not based solely on lost income but on the degree of permanent impairment as determined by medical evaluation.
In Wisconsin, PPD benefits are calculated according to statutory schedules and guidelines, making the process both structured and complex.
## Maximum Medical Improvement and Its Role in PPD Claims
### Defining Maximum Medical Improvement
Maximum Medical Improvement, or MMI, is a critical milestone in any worker’s compensation claim. It represents the point at which a treating physician determines that further medical treatment is unlikely to result in significant improvement.
Reaching MMI does not mean that the worker has fully recovered. Instead, it means that the condition has stabilized, and any remaining impairment is considered permanent.
### Why MMI Is Important for Settlement
PPD benefits cannot be accurately assessed until MMI is reached. At this stage, physicians can evaluate the extent of permanent impairment and assign a disability rating.
This rating serves as the foundation for calculating settlement amounts. Without MMI, any assessment of permanent disability would be premature and potentially inaccurate.
## How Permanent Partial Disability Ratings Are Determined
### The Role of Treating Physicians
The initial PPD rating is typically assigned by the worker’s treating physician. This rating reflects the percentage of impairment associated with the injury.
For example, a physician may determine that a worker has sustained a 10 percent impairment to a specific body part. This percentage is then applied to the statutory schedule to calculate benefits.
### Independent Medical Examinations (IMEs)
In many cases, insurance companies request an [Independent Medical Examination](https://dwd.wisconsin.gov/wc/medical/ime.htm) to obtain a second opinion. The IME is conducted by a physician selected by the insurer, and the resulting rating may differ from that of the treating physician.
Discrepancies between medical opinions are common and can significantly impact settlement amounts. Resolving these differences often requires legal advocacy and, in some cases, hearings before administrative law judges.
### Evaluating Conflicting Medical Opinions
When multiple ratings are presented, the Wisconsin Department of Workforce Development may evaluate the evidence to determine the most accurate assessment. Factors such as the credibility of the physician, the thoroughness of the examination, and the consistency of findings are considered.
## Scheduled vs. Unscheduled Injuries in Wisconsin
### Scheduled Injuries
Scheduled injuries involve specific body parts listed in Wisconsin’s statutory schedule, such as arms, legs, hands, and eyes. Each body part is assigned a maximum number of weeks for compensation.
For example, the loss of a hand may be assigned a specific number of weeks, and the PPD rating is applied to that number to determine the total benefit.
### Unscheduled Injuries
Unscheduled injuries involve areas of the body not covered by the statutory schedule, such as the back, neck, or internal systems. These injuries are evaluated differently, often considering the impact on the worker’s overall earning capacity.
Unscheduled injuries can be more complex to evaluate and may result in higher or more variable settlement amounts depending on the circumstances.
## How PPD Settlement Amounts Are Calculated
### The Basic Formula
PPD benefits in Wisconsin are calculated using a formula that incorporates:
- The percentage of disability
- The statutory number of weeks assigned to the body part
- The worker’s compensation rate
The compensation rate is typically based on a percentage of the worker’s average weekly wage, subject to state maximums.
### How PPD Is Calculated
The amount you receive for PPD is 2/3 of your average weekly wage, but the maximum is less than for a temporary disability, and the state does not raise it yearly. As of Jan. 1, 2023, the maximum benefit is $430. If you return to work, you can still receive benefits. If you cannot earn 85% of what you earned before you were hurt, you might have an additional claim to compensate for your earnings loss.
### PPD Duration For Scheduled Loss Of Use
Did you lose the use of a body part included in the state’s PPD schedule? Then you will receive benefits for the weeks listed in the schedule. The schedule mainly lists extremities, but also eyesight loss and hearing loss. The number of weeks is multiplied by a specific amount assigned to the specific body part.
For example, if you have a partial loss of use of a body part, your benefits are provided for a proportionate period. If you lost 50% of the use of the left hand, your benefits would last for half of the maximum listed in the schedule. The [PPD schedule by body part](https://dwd.wisconsin.gov/wc/medical/ppd-schedule.htm) includes the following:
- Entire arm: 500 weeks
- Arm at the elbow: 450 weeks
- Entire hand: 400 weeks
- Leg at the hip joint: 500 weeks
- Leg at the knee: 425 weeks
- Entire foot: 250 weeks
- Loss of one eye from an accident: 275 weeks
- Total loss of hearing from an accident: 330 weeks
If the affected body part is not on the schedule, the time length for PPD payments is determined by multiplying the percent impairment rating by 1,000 weeks. For example, if you have a 35% impairment rating, the [total payment length would be 350 weeks](https://www.gillickwicht.com/is-there-a-wisconsin-workers-compensation-settlement-chart).
### Example of a Scheduled Injury Calculation
If a worker has a 10 percent disability rating for a body part assigned 100 weeks of compensation, the worker would receive 10 weeks of benefits. This is then multiplied by the weekly compensation rate to determine the total settlement amount.
### Factors That Influence Settlement Value
Several factors can influence the final settlement amount, including:
- The severity of the impairment
- The worker’s age and occupation
- The impact on future earning capacity
- The presence of pre-existing conditions
In Milwaukee and surrounding areas, local economic conditions and employment opportunities may also play a role in evaluating the overall impact of the injury.
## Navigating the PPD Settlement Process in Milwaukee and Southeastern Wisconsin
### Filing and Documentation
The settlement process begins with proper documentation of the injury, medical treatment, and disability rating. This information is submitted to the Wisconsin Department of Workforce Development.
### Negotiation With Insurance Carriers
Insurance companies often seek to minimize payouts. Negotiating a fair settlement requires a thorough understanding of the law and the ability to present compelling evidence.
### Hearings and Dispute Resolution
If disputes arise, cases may proceed to hearings before administrative law judges. These proceedings allow both parties to present evidence and argue their positions.
For workers in Milwaukee, Waukesha, Racine, and Kenosha, these hearings are typically conducted through the state’s worker’s compensation system.
## Common Challenges in PPD Claims
### Disputes Over Disability Ratings
Differences between treating physicians and IME doctors can lead to disputes that affect settlement amounts.
### Delays in Reaching MMI
Extended treatment periods can delay the determination of MMI, prolonging the claims process.
### Insurance Company Tactics
Insurance carriers may challenge claims, request additional evaluations, or delay negotiations in an effort to reduce payouts.
## Frequently Asked Questions About Wisconsin PPD Settlements
### How Long Does It Take To Receive A PPD Settlement In Wisconsin?
The timeline varies depending on the complexity of the case, the duration of medical treatment, and whether disputes arise. Some cases resolve within months, while others may take longer.
### What Happens If I Return To Work?
Returning to work does not necessarily eliminate eligibility for PPD benefits. These benefits are based on permanent impairment, not current employment status.
### Can I Challenge An IME Rating?
Yes. Disputes over medical opinions can be addressed through the worker’s compensation system, often requiring legal representation.
### Are PPD Benefits Taxable?
In most cases, worker’s compensation benefits, including PPD, are not subject to federal or state income tax.
### What If My Condition Worsens After The settlement?
In certain situations, additional claims or modifications may be possible, depending on the circumstances and applicable laws.
### What If My Wisconsin Employer Will Not Pay Benefits?
If benefits are denied, you should contact the lawyers at Gillick, Wicht, Gillick & Graf to see if your claim can be appealed.
### Do I Need To Sign A Release For Full Medical Records?
After you get a workers’ comp attorney, you should have all correspondence done through your lawyer. It is common for some insurance adjusters to get information that might seem unimportant from you. But it could damage your case, so listen to what your attorney says.
### What If The Insurance Company Denies My Claim?
Workers’ comp insurance companies can devise reasons to deny benefits, especially if you have no lawyer. For example, they might say you didn’t give proper notice or that your injury was unrelated to work. Or they could ignore you. But if your claim has been denied, do not despair. Our Waukesha County Workers’ Comp lawyers will protect your interests.
### What If My Company Does Not Have Work For Me?
If you have a permanent partial disability, wage loss, and permanent restrictions, you could receive more benefits if the injury is to your torso, back, neck, or head.
### How Does My Workers’ Comp Attorney Get Paid?
A workers’ compensation attorney is paid when the claim is resolved and will receive 20% of the amount of compensation you get. So, you do not typically pay out-of-pocket costs for an attorney to represent you.
### How Long Do I Have To File A Claim In Wisconsin?
It is always advisable to report your injury in an incident report to your employer as soon as you know about it. In most Wisconsin workers’ comp cases, claims can be filed within 6 years of the date you were injured or the final date of a compensation payment, whichever is later.
### Do I Need An Attorney For A PPD claim?
While it is possible to handle a claim independently, legal representation can significantly improve outcomes, particularly in complex or disputed cases.
See more [Q&As from the Wisconsin Department of Workforce Development](https://dwd.wisconsin.gov/dwd/publications/wc/wkc-13330-p.htm)
## Protecting Your Rights After a Workplace Injury
Permanent Partial Disability benefits play a critical role in helping injured workers recover financially after a workplace injury. However, the process of determining and securing these benefits can be complex and challenging.
For individuals in Milwaukee and throughout Southeastern Wisconsin, understanding the legal framework and seeking experienced guidance can make a significant difference in the outcome of a claim.
## Contact Our Waukesha County Workers’ Comp Lawyers
Contact Gillick, Wicht, Gillick & Graf today for a free case evaluation. Our experienced [Milwaukee worker’s compensation attorney](https://www.gillickwicht.com/workers-compensation) can review your case, explain your options, and help you pursue the full benefits you are entitled to under Wisconsin law
If you have suffered a workplace injury and are navigating a Permanent Partial Disability claim in Wisconsin, it is important to take proactive steps to protect your rights. Instead, [speak to our Milwaukee worker’s comp lawyers](https://www.gillickwicht.com/Contact.shtml) today at Gillick, Wicht, Gillick & Graf for immediate legal assistance by calling (414) 257-2667.
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**Tags:** Permanent Partial Disability
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### [What Happens After You Report A Workplace Injury In Wisconsin? A Step-By-Step Breakdown](https://www.gillickwicht.com/what-happens-after-you-report-a-workplace-injury-in-wisconsin-a-step-by-step-breakdown/)
**Published:** March 31, 2026
**Author:** admin
**Content:**
Getting hurt at work can make you worry about your health, your pay, and your job. Many people are not sure what happens after they tell their employer about an injury. Wisconsin Worker’s Compensation law helps by providing medical care and wage replacement, and you do not have to prove anyone was at fault. Still, there are certain steps you need to follow, and mistakes or delays can affect your benefits. We help injured workers through each part of the process so they know what to expect and how their rights are protected.
Wisconsin Worker’s Compensation is covered by [Chapter 102](https://docs.legis.wisconsin.gov/statutes/statutes/102) of the Wisconsin Statutes. Most employers must have insurance under [Wis. Stat. § 102.28](https://docs.legis.wisconsin.gov/statutes/statutes/102/28). If you are hurt while working, you can usually get benefits under Wis. Stat. § 102.03. Here is a step-by-step guide to what usually happens after you report a workplace injury.
## Step One: Reporting The Injury To Your Employer
Under [Wis. Stat. § 102.12](https://docs.legis.wisconsin.gov/statutes/statutes/102/12), an injured worker must provide notice of the injury to the employer within 30 days. In many cases, immediate reporting is best. Prompt notice helps prevent disputes about when and how the injury occurred.
After you give notice, your employer must report certain injuries to their insurance company and to the Wisconsin Department of Workforce Development. If your employer does not report the injury, it can cause problems, but it does not mean you lose your rights.
### Step Two: Medical Treatment And Choice Of Doctor
Wisconsin law allows injured workers to select their own treating physician under [Wis. Stat. § 102.42](https://docs.legis.wisconsin.gov/statutes/statutes/102/42). The employer may require an examination by a physician of its choosing, but the worker generally has the right to choose the primary treating provider.
Medical treatment that is reasonably required to cure and relieve the effects of the injury must be paid by the employer or its insurance carrier. This includes doctor visits, hospital care, prescriptions, and certain travel expenses.
### Step Three: Temporary Disability Benefits
If the injury results in time away from work, temporary disability benefits may be available under [Wis. Stat. § 102.43](https://docs.legis.wisconsin.gov/statutes/statutes/102/43). Temporary total disability benefits are typically paid at two-thirds of the worker’s average weekly wage, subject to statutory maximums.
Usually, there is a three-day waiting period under [Wis. Stat. § 102.43(1)(b)](https://docs.legis.wisconsin.gov/statutes/statutes/102/43). But if you are off work for more than seven days, you may get paid for those first three days as well.
If your employer disagrees with your claim, your payments might be delayed. In that case, you may need to go through a formal process with the Department of Workforce Development.
### Step Four: Independent Medical Examinations And Disputes
Insurance companies often set up independent medical exams under Wis. Stat. § 102.13. These exams help decide how serious your injury is and if you need more treatment.
Disputes may arise regarding causation, work restrictions, or the degree of disability. If a dispute cannot be resolved informally, a hearing may be requested before an administrative law judge through the Department of Workforce Development.
### Step Five: Permanent Disability And Return To Work
After your treatment is finished and you have healed as much as possible, permanent disability may be evaluated under Wis. Stat. § 102.52 for scheduled injuries or § 102.44 for unscheduled injuries. The amount of permanent partial disability you have will decide how much extra compensation you get.
Employers are prohibited from discriminating against employees for filing claims under Wis. Stat. § 102.35(3). If an employer refuses to rehire an injured worker without reasonable cause, additional compensation may be available.
### Step Six: Settlements And Final Resolution
Some cases are settled through compromise agreements under Wis. Stat. § 102.16(1). All settlements must be reviewed and approved to make sure they are fair and follow Wisconsin Worker’s Compensation law.
We evaluate whether a proposed settlement reflects the full value of wage loss, medical expenses, and permanent disability.
## Frequently Asked Questions About Wisconsin Workplace Injuries
### How Soon Must An Injury Be Reported In Wisconsin?
Wis. Stat. § 102.12 requires notice within 30 days. However, reporting immediately is strongly recommended. Prompt reporting reduces disputes over whether the injury occurred at work and strengthens the claim.
### Can An Employer Fire Me For Filing A Claim?
Wis. Stat. § 102.35(3) prohibits discrimination against employees for filing or attempting to file a Wisconsin Worker’s Compensation claim. If an employer terminates or refuses to rehire an injured worker without reasonable cause, the employer may be ordered to pay additional compensation.
### What If The Insurance Company Denies My Claim?
If the insurer denies liability, a hearing can be requested before the Department of Workforce Development. Evidence, including medical records and testimony, will be reviewed by an administrative law judge. Legal representation can be important in contested cases.
### Do I Have To See The Company Doctor?
Under Wis. Stat. § 102.42, you generally have the right to choose your own treating physician. However, the employer or insurer may require an independent medical examination. Failure to attend may affect benefits.
### How Are Permanent Disability Benefits Calculated?
Permanent disability is decided under Wis. Stat. §§ 102.52 and 102.44, based on whether your injury is scheduled or unscheduled. The amount you receive depends on your disability percentage and the rates set by law. Medical records are very important for this decision.
## Contact Gillick, Wicht, Gillick & Graf For A Free Consultation
Understanding the process after reporting a workplace injury is critical to protecting your rights. Gillick, Wicht, Gillick & Graf represents injured workers in [Milwaukee](https://city.milwaukee.gov/home) and throughout Wisconsin in Wisconsin Worker’s Compensation claims and disputes.
Contact our [Milwaukee worker’s compensation lawyers](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf by calling [414-257-2667](tel:14142572667) to [receive a free consultation](https://www.gillickwicht.com/Contact.shtml). The firm is located in Milwaukee and represents injured workers across the entire state of Wisconsin.
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### [What You Need To Know About Wisconsin Worker's Comp](https://www.gillickwicht.com/what-you-need-to-know-about-wisconsin-workers-comp/)
**Published:** March 25, 2026
**Author:** admin
**Content:**
Worker’s compensation is a vital legal protection for employees who suffer injuries or develop illnesses as a result of their work. In Wisconsin, the worker’s compensation system is designed to provide financial and medical benefits to injured workers while limiting employer liability. For individuals working in [Milwaukee, Wisconsin](https://city.milwaukee.gov/home) and surrounding communities such as Waukesha, West Allis, Kenosha, and Racine, understanding how worker’s compensation works is essential to protecting your rights after a workplace injury.
While many employees assume that benefits are automatic, [Wisconsin Worker’s Compensation Law](https://dwd.wisconsin.gov/wc/) includes specific eligibility requirements, procedural steps, and deadlines that must be followed. Insurance companies often scrutinize claims closely, and even minor mistakes can lead to delays or denials.
Learn about Wisconsin worker’s compensation below, and for more information, talk to our[ Milwaukee worker’s comp lawyers](https://www.gillickwicht.com/workers-compensation) for a consultation.
## Overview of Wisconsin Worker’s Compensation Law
### The Foundation of the Worker’s Compensation System
Wisconsin was one of the first states to implement a worker’s compensation system, establishing a framework that provides benefits to employees injured in the course of employment. The system is designed as a no-fault insurance program, meaning that employees are entitled to benefits regardless of who caused the accident.
This structure ensures that injured workers receive prompt medical care and wage replacement without needing to prove negligence. In exchange, employers are generally protected from lawsuits related to workplace injuries.
### Employer Coverage Requirements
Most employers in Wisconsin are required to carry worker’s compensation insurance. The law applies broadly, ensuring that nearly all workers are covered.
Employers must obtain coverage if they meet certain thresholds, including employing three or more workers, or employing one or more workers and paying $500 or more in wages within a calendar quarter.
Once an employer becomes subject to the law, they are required to maintain coverage continuously as long as they have employees.
This means that most employees in Milwaukee and surrounding areas are covered from the start of their employment, whether they work full-time, part-time, or seasonally.
### Who Is Covered Under Wisconsin Worker’s Compensation
Worker’s compensation coverage in Wisconsin extends to a wide range of workers. This includes full-time employees, part-time employees, minors, and in many cases, family members working for a business.
However, certain individuals may not be automatically covered, such as independent contractors or specific categories of workers who meet exemption criteria. Misclassification can be a significant issue, particularly in industries like construction and transportation.
If there is any question about your employment status, it is important to seek legal guidance, as being incorrectly classified can affect your eligibility for benefits.
## Key Requirements to Qualify for Worker’s Compensation Benefits
### The Injury Must Be Work-Related
To qualify for worker’s compensation benefits in Wisconsin, the injury or illness must arise out of and in the course of employment. This means there must be a clear connection between your job duties and the injury.
Work-related injuries can include sudden accidents, such as falls or equipment malfunctions, as well as cumulative injuries that develop over time, such as repetitive stress injuries. Occupational illnesses caused by exposure to hazardous substances may also qualify.
For example, a manufacturing worker in Milwaukee who sustains an injury while operating machinery would likely meet this requirement. Similarly, a healthcare worker who develops an illness due to workplace exposure may also be eligible.
### The No-Fault Requirement Simplifies Eligibility
Wisconsin’s no-fault system eliminates the need to prove that an employer was negligent. Employees can receive benefits even if they contributed to the accident, as long as the injury is work-related.
This simplifies the claims process and ensures that workers can access benefits more quickly. However, disputes may still arise regarding whether the injury is truly work-related or whether it occurred during the course of employment.
### Timely Reporting of the Injury
One of the most critical requirements is reporting the injury to your employer promptly. In Wisconsin, injured workers are generally required to notify their employer within 30 days of the injury.
Providing notice as soon as possible is always recommended. Delays in reporting can raise questions about the validity of the claim and may result in denial of benefits.
### Filing and Processing the Claim
After an injury is reported, the employer is responsible for notifying its insurance carrier, which then reports the claim to the Wisconsin Worker’s Compensation Division.
The insurance carrier evaluates the claim and determines eligibility for benefits. While this process may seem straightforward, disputes can arise regarding the severity of the injury, necessary medical treatment, or the extent of disability.
## Types of Worker’s Compensation Benefits in Wisconsin
### Medical Benefits
One of the primary benefits of worker’s compensation is coverage for medical expenses. This includes all reasonable and necessary treatment required to address the injury or illness.
Medical benefits may cover hospital visits, surgeries, physical therapy, medications, and ongoing care. The goal is to restore the worker’s health and ability to return to work.
### Wage Replacement Benefits
If an injury prevents you from working, you may be entitled to wage replacement benefits. In Wisconsin, these benefits are typically calculated as a percentage of your average weekly wage.
For many workers, benefits are approximately two-thirds of their average weekly earnings, subject to statutory limits.
These payments are intended to provide financial stability while the worker recovers.
### Temporary and Permanent Disability Benefits
Worker’s compensation distinguishes between temporary and permanent disabilities. Temporary disability benefits apply when the worker is expected to recover, while permanent disability benefits apply when the injury results in lasting impairment.
Permanent disability benefits may be awarded for partial or total loss of function, depending on the severity of the injury and its impact on the worker’s ability to earn income.
### Vocational Rehabilitation and Additional Benefits
If an injured worker cannot return to their previous job, vocational rehabilitation services may be available. These services can include job training, education, and assistance with finding new employment.
Additional benefits may include mileage reimbursement for medical appointments and death benefits for surviving family members in fatal cases.
## Employer Responsibilities Under Wisconsin Law
### Maintaining Insurance Coverage
Employers are legally required to carry worker’s compensation insurance if they meet the coverage thresholds. This ensures that funds are available to pay benefits when employees are injured.
Failure to maintain coverage can result in significant penalties, including fines and potential legal consequences.
### Reporting Injuries and Cooperating With Claims
Employers must report workplace injuries to their insurance carriers and cooperate with the claims process. This includes providing accurate information and facilitating communication between the worker and the insurer.
### Protection From Lawsuits
In exchange for providing worker’s compensation coverage, employers are generally protected from lawsuits related to workplace injuries. This exclusive remedy provision is a key feature of the system, balancing the interests of both employers and employees.
## Common Challenges in Worker’s Compensation Claims
### Disputes Over Work-Related Injuries
Insurance companies may challenge whether an injury is truly work-related, particularly in cases involving pre-existing conditions or injuries that occur outside the workplace.
### Delays in Benefits
Even when claims are approved, delays in receiving medical treatment or wage replacement benefits can occur. These delays can create financial and emotional stress for injured workers.
### Denied Claims
Claims may be denied for various reasons, including lack of evidence, missed deadlines, or disputes over the extent of the injury. In these situations, pursuing an appeal may be necessary.
## Worker’s Compensation in Milwaukee, Wisconsin
### Local Workforce and Industry Risks
Milwaukee and surrounding areas have a diverse workforce that includes manufacturing, healthcare, construction, and service industries. Each of these sectors presents unique risks for workplace injuries.
For example, construction workers in Milwaukee may face hazards such as falls or equipment accidents, while healthcare workers may experience repetitive stress injuries or exposure to infectious diseases.
### Importance of Local Legal Guidance
Navigating the worker’s compensation system can be complex, particularly when disputes arise. Working with a law firm familiar with Milwaukee and surrounding jurisdictions can provide a strategic advantage.
Local attorneys understand regional employers, insurance carriers, and administrative procedures, which can help streamline the claims process and improve outcomes.
### Steps to Take After a Workplace Injury
After a workplace injury, taking immediate and appropriate action is essential. Seeking medical attention should always be the first priority, even if the injury appears minor. Medical documentation plays a critical role in supporting your claim.
You should notify your employer as soon as possible and ensure that the injury is properly documented. Keeping records of all medical treatment, expenses, and communications can strengthen your case.
Consulting with an experienced worker’s compensation attorney can help you understand your rights and avoid common mistakes that may jeopardize your claim.
## FAQs About Wisconsin Worker’s Compensation
### Who qualifies for worker’s compensation in Wisconsin?
Most employees in Wisconsin are covered, including full-time and part-time workers. Independent contractors may not be covered unless they are misclassified.
### How long do I have to report a workplace injury?
You should report your injury within 30 days, although reporting it as soon as possible is strongly recommended.
### What benefits are available under worker’s compensation?
Benefits include medical care, wage replacement, disability benefits, and vocational rehabilitation.
### Can I receive benefits if the accident was my fault?
Yes. Wisconsin operates under a no-fault system, meaning you can receive benefits regardless of fault.
### What should I do if my claim is denied?
You may have the right to appeal the decision through the Wisconsin Worker’s Compensation Division. Legal assistance can improve your chances of success.
## Speak To Our Milwaukee Worker’s Comp Lawyers Now
Worker’s compensation is a critical safety net for employees in Milwaukee, Wisconsin, and surrounding areas. Understanding how the system works, what benefits are available, and what steps must be taken after an injury can make a significant difference in the outcome of your claim. By meeting reporting requirements, seeking proper medical care, and understanding your legal rights, you can protect your ability to receive the compensation you deserve.
If you have been injured on the job in Milwaukee, Wisconsin, or nearby communities, do not navigate the worker’s compensation process alone. An experienced attorney can help you understand your rights, handle disputes, and pursue the full benefits available under Wisconsin law.
If you were injured on the job in Milwaukee, you may have trouble paying your bills. However, your employer’s insurance company may dispute your claim or pay you less than you deserve. In many cases, an attorney can get you better compensation, so please call our [Milwaukee worker’s comp lawyers](https://www.gillickwicht.com/workers-compensation) today at [Gillick, Wicht, Gillick & Graf](https://www.gillickwicht.com/Contact.shtml) at (414) 257-2667.
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### [How Inconsistent Medical Records Can Hurt Your Wisconsin Worker's Comp Case](https://www.gillickwicht.com/how-inconsistent-medical-records-can-hurt-your-wisconsin-workers-comp-case/)
**Published:** March 17, 2026
**Author:** admin
**Content:**
When you file a Wisconsin Worker’s Compensation claim, medical records quickly become the backbone of your case. Insurance carriers, employers, and administrative law judges rely heavily on what your doctors wrote, when they wrote it, and how consistent those records are over time. Even small discrepancies can be used to question whether your injury is truly work-related or as serious as you claim. We represent injured workers throughout Wisconsin, and we routinely see strong cases weakened because medical records are not as consistent as they should be.
Under Wisconsin Worker’s Compensation law, your entitlement to benefits depends on proof that your injury arose out of and occurred in the course of employment, as outlined in [Wis. Stat. § 102.03](https://docs.legis.wisconsin.gov/statutes/statutes/102/03). Medical records are often the primary evidence used to establish that connection. If those records contain conflicting histories, gaps in treatment, or unclear opinions, insurers will use them to dispute liability, reduce benefits, or delay payment. That is why consistency in medical documentation is not just important; it is critical.
## Why Medical Records Carry So Much Weight In Wisconsin Worker’s Comp Claims
Wisconsin Worker’s Compensation cases are decided under an administrative system governed by [Wis. Stat. ch. 102](https://docs.legis.wisconsin.gov/statutes/statutes/102). Unlike civil lawsuits, these claims are often resolved based on written records rather than live testimony. Treating physicians’ notes, diagnostic reports, and work restrictions are reviewed closely by the Wisconsin Department of Workforce Development.
When medical records clearly document how the injury occurred, what symptoms exist, and how those symptoms affect work ability, claims tend to move more smoothly. When records conflict, insurers argue that the injury is unrelated to work, preexisting, or exaggerated. Even honest mistakes or misunderstandings can create problems if they are not corrected early.
### Common Types Of Inconsistencies That Damage Claims
We frequently see several recurring issues that hurt Wisconsin Worker’s Compensation cases. One common problem involves inconsistent descriptions of how the injury happened. If an emergency room record lists a non-work cause while later records describe a work incident, insurers will argue that the claim lacks credibility.
Another issue arises when symptoms change dramatically in the records without explanation. For example, early notes may mention mild discomfort while later reports describe severe limitations. Without a medical explanation, insurers question whether the condition truly worsened or whether the claim is overstated.
Gaps in treatment also raise red flags. When injured workers delay seeing a doctor or stop treatment for extended periods, carriers argue that the injury resolved or was never serious. Wisconsin law allows insurers to challenge claims based on these gaps, especially when combined with other inconsistencies.
### How Prior Medical History Can Be Used Against You
Wisconsin Worker’s Compensation law allows benefits even when a work injury aggravates a preexisting condition. However, medical records must clearly explain that relationship. If prior conditions are mentioned inconsistently or omitted entirely, insurers may argue that your current symptoms are unrelated to work.
Under [Wis. Stat. § 102.175](https://docs.legis.wisconsin.gov/statutes/statutes/102/175), disputes over medical causation often require expert medical opinions. If treating physicians are unclear or inconsistent, insurers may rely on independent medical examinations to deny or limit benefits. Clear, consistent medical documentation helps counter those tactics.
### Impact On Temporary And Permanent Disability Benefits
Inconsistent records do not just affect whether a claim is accepted. They also impact the level of benefits paid. Temporary total disability benefits, work restrictions, and permanent disability ratings all depend on medical opinions.
When records conflict, insurers may terminate wage loss benefits early or dispute permanent partial disability ratings under [Wis. Stat. § 102.44](https://docs.legis.wisconsin.gov/statutes/statutes/102/44). They may claim you can return to work sooner than your treating doctor believes or argue that permanent limitations are unsupported. Consistency across medical providers strengthens your position when these issues arise.
### What Injured Workers Can Do To Protect Their Claims
While you cannot control every detail in your medical records, you can take steps to reduce risk. Always be honest and accurate when describing how your injury occurred. Be consistent when explaining symptoms and limitations. Follow treatment recommendations and attend appointments as scheduled.
If you notice errors in your records, addressing them promptly matters. Correcting mistakes early can prevent insurers from building defenses around inaccurate information. Having legal guidance during this process often makes a significant difference, especially when disputes arise under [Wis. Stat. § 102.17](https://docs.legis.wisconsin.gov/statutes/statutes/102/17).
## FAQs About Medical Records And Wisconsin Worker’s Compensation
### Why Do Insurance Companies Focus So Much On Medical Records?
Medical records are viewed as objective evidence. Insurers rely on them to evaluate causation, severity, and work restrictions. Any inconsistency gives them grounds to challenge benefits.
### Can A Simple Mistake In My Medical Records Really Hurt My Case?
Yes. Even small errors can be used to question credibility or causation. Insurers often magnify minor inconsistencies to dispute otherwise valid claims.
### What If Different Doctors Describe My Injury Differently?
Conflicting opinions create disputes over medical causation. Insurers may favor opinions that limit benefits. Consistent treating physician records helps counter those arguments.
### Do Gaps In Treatment Automatically Ruin A Claim?
Not always, but gaps give insurers an opening to argue that the injury has resolved. Clear explanations for gaps reduce that risk.
### Can Prior Injuries Be Used To Deny My Claim?
Prior conditions do not bar benefits, but inconsistent documentation allows insurers to argue that current symptoms are unrelated to work.
### How Can An Attorney Help With Medical Record Issues?
An attorney can identify problematic records, work with treating providers, and challenge insurer tactics when disputes arise under Wisconsin Worker’s Compensation law.
## Call Gillick, Wicht, Gillick & Graf To Discuss Your Case
If inconsistent medical records are threatening your Wisconsin Worker’s Compensation claim, experienced legal guidance can make a difference. At Gillick, Wicht, Gillick & Graf, we represent injured workers in Milwaukee and throughout Wisconsin and understand how insurers use medical records to their advantage. We fight to protect your benefits and your rights. Contact our [Milwaukee worker’s compensation lawyers](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf by calling [414-257-2667](tel:14142572667) to [receive a free consultation](https://www.gillickwicht.com/Contact.shtml).
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### [Independent Contractors And Worker’s Compensation In Wisconsin](https://www.gillickwicht.com/independent-contractors-and-workers-compensation-in-wisconsin/)
**Published:** March 11, 2021
**Author:** admin
**Content:**
## Legal Guidance for Workers and Employers in Milwaukee and Surrounding Communities
Worker’s compensation laws are designed to protect employees who suffer work-related injuries or illnesses. In Wisconsin, the worker’s compensation system provides medical benefits, wage replacement, and disability compensation to injured workers. However, one of the most common issues in workplace injury cases involves the classification of workers as employees or independent contractors.
For workers in [Milwaukee, Wisconsin](https://city.milwaukee.gov/home) and surrounding communities such as Wauwatosa, West Allis, Greenfield, Oak Creek, and Brookfield, this distinction can significantly affect eligibility for worker’s compensation benefits. Many workers assume that if they are injured on the job, they automatically qualify for benefits. In reality, worker’s compensation eligibility often depends on whether the injured individual is legally classified as an employee.
Misclassification disputes frequently arise when employers label workers as independent contractors even though their work arrangements may legally qualify them as employees under Wisconsin law.
Understanding how Wisconsin worker’s compensation laws treat independent contractors can help injured workers protect their rights and ensure they receive the benefits they deserve.
## Wisconsin Worker’s Compensation Laws
[Wisconsin’s Worker’s Compensation Act](https://dwd.wisconsin.gov/dwd/publications/wc/wkc-7317.htm) provides benefits to employees who are injured while performing job-related duties. The system operates as a no-fault insurance program, meaning injured employees generally receive benefits regardless of who caused the accident.
Worker’s compensation benefits in Wisconsin may include:
- Medical treatment for work-related injuries
- Temporary disability benefits for lost wages
- Permanent disability compensation
- Vocational rehabilitation assistance
- Death benefits for surviving family members in fatal workplace accidents
However, these benefits typically apply only to individuals who qualify as employees under the law.
Under Wisconsin statutes, an employee is generally defined as a person performing services for another under a contract of hire. This includes workers performing services for an employer’s business with the employer’s knowledge or authorization.
Independent contractors are treated differently under the law, and their eligibility for worker’s compensation benefits depends on specific legal criteria.
### What Is an Independent Contractor Under Wisconsin Law?
In Wisconsin, a worker is not automatically considered an independent contractor simply because an employer labels them as one or because the worker signs a contract describing them as a contractor.
Instead, Wisconsin law applies a strict legal test to determine whether a worker is truly independent.
Under [Wisconsin Statute section 102.07(8)](https://docs.legis.wisconsin.gov/document/statutes/102.07(8)), a worker must satisfy a nine-part statutory test to qualify as an independent contractor rather than an employee.
To meet this standard, the worker must demonstrate that they operate an independent business and maintain a significant degree of control over their work.
Some of the legal criteria include:
- Maintaining a separate business with its own equipment and facilities
- Obtaining a federal employer identification number or filing business tax returns
- Operating under specific contracts to perform defined services
- Being responsible for operating expenses associated with the work
- Receiving payment on a per-job, commission, or contract basis
- Assuming the risk of profit or loss from business operations
If a worker fails to meet all nine elements of the statutory test, they may legally be considered an employee even if they were originally classified as an independent contractor.
This distinction is critical in determining eligibility for worker’s compensation benefits.
### Why Worker Classification Matters in Worker’s Compensation Claims
Worker classification plays a central role in workplace injury cases.
Employees are generally covered by worker’s compensation insurance provided by their employers. Independent contractors, on the other hand, typically do not receive coverage through the companies they perform work for.
Because independent contractors operate as separate businesses, they are generally responsible for obtaining their own insurance coverage if they want protection for workplace injuries.
However, disputes frequently arise when workers who were classified as contractors believe they should have been treated as employees.
In these situations, courts and administrative agencies examine the actual working relationship between the parties rather than relying solely on contractual labels.
If the evidence shows that the worker functioned as an employee, the injured individual may still qualify for worker’s compensation benefits.
### Worker Misclassification in Wisconsin
Worker misclassification occurs when an employer incorrectly categorizes an employee as an independent contractor. A [study cited by the Harvard Business Review](https://hbr.org/2017/07/lots-of-employees-get-misclassified-as-contractors-heres-why-it-matters) (HBR) estimated that as many as 1 in 3 workers classified as independent contractors were actually misclassified.
This practice can deprive workers of important legal protections, including worker’s compensation coverage, unemployment benefits, and wage protections.
Wisconsin law presumes that workers providing services for pay are employees unless the employer can prove that the worker meets the legal criteria for independent contractor status.
Misclassification can occur in many industries, including construction, delivery services, trucking, and home improvement contracting.
For example, construction workers in Milwaukee and surrounding areas are sometimes classified as independent contractors even though they work full-time under the supervision of a contractor.
When injuries occur, disputes may arise regarding whether worker’s compensation coverage should apply.
### Industries Where Independent Contractor Disputes Often Occur
Certain industries in Wisconsin frequently rely on independent contractor relationships.
These industries may include:
- Construction and subcontracting
- Trucking and transportation
- Delivery services
- Real estate sales
- Home improvement and skilled trades
- Consulting and professional services
In some cases, these arrangements are legitimate business relationships between independent businesses.
However, problems arise when companies label workers as contractors while still controlling how, when, and where the work is performed.
Courts and state agencies closely examine these situations to determine whether the worker truly operates an independent business.
### When Independent Contractors May Still Be Covered by Worker’s Comp
Even if a worker is initially classified as an independent contractor, certain circumstances may still allow them to pursue worker’s compensation benefits.
For example, if the worker does not meet all elements of the statutory nine-part test, Wisconsin law may treat them as an employee for purposes of worker’s compensation coverage.
Additionally, subcontractors who do not maintain their own employees or insurance coverage may sometimes be treated as statutory employees of the primary contractor.
This means that injured workers may still have legal options even if their employer claims they are not covered.
Determining the correct classification often requires careful legal analysis of the working relationship.
### Worker’s Compensation Benefits for Injured Workers in Milwaukee
Workers in Milwaukee and throughout southeastern Wisconsin face numerous workplace hazards, particularly in industries such as manufacturing, construction, and logistics.
When a workplace injury occurs, worker’s compensation benefits can help cover essential expenses.
Benefits may include payment for medical treatment, compensation for lost income, and rehabilitation services.
In cases involving permanent injuries, additional compensation may be available for long-term disabilities.
Workers who are denied benefits due to classification disputes may have the right to challenge the decision through the Wisconsin Worker’s Compensation Division.
### Steps to Take After a Workplace Injury
If you suffer a workplace injury in Milwaukee or nearby communities, it is important to take certain steps to protect your rights.
First, seek medical attention immediately and ensure that your injuries are properly documented.
Second, report the injury to your employer as soon as possible. Prompt reporting helps establish a record of the incident.
Third, gather documentation related to your work arrangement, including contracts, payment records, and communications with the employer.
Finally, consult with an experienced worker’s compensation attorney if there is any dispute regarding your employment status or eligibility for benefits.
Legal representation can help determine whether your classification as an independent contractor is legally valid.
### Worker’s Compensation Legal Representation in Milwaukee
Navigating a worker’s compensation claim involving independent contractor issues can be complex. Employers and insurance companies may attempt to deny benefits based on classification arguments.
An experienced Wisconsin worker’s compensation attorney can review the facts of your case, evaluate whether you were properly classified, and advocate for your rights.
Attorneys may assist injured workers with:
- Investigating workplace accidents
- Challenging worker misclassification
- Filing worker’s compensation claims
- Appealing denied benefits
- Negotiating settlements
Legal representation can be particularly important in cases involving disputed employment relationships.
Workers throughout Milwaukee County, including communities such as Wauwatosa, West Allis, Franklin, and South Milwaukee, often seek legal guidance when facing these complex issues.
## FAQs About Independent Contractors and Worker’s Compensation in Wisconsin
### **Are independent contractors covered by worker’s compensation in Wisconsin?**
Generally, independent contractors are not covered by worker’s compensation insurance through the companies they perform work for. However, coverage may still apply if the worker does not meet the legal criteria for independent contractor status.
### How does Wisconsin determine whether someone is an independent contractor?
Wisconsin law applies a nine-part statutory test that examines factors such as business independence, financial risk, and control over the work performed.
### Can a worker challenge their classification as an independent contractor?
Yes. If a worker believes they were misclassified, they may challenge the classification and seek worker’s compensation benefits as an employee.
### What industries commonly involve independent contractors?
Construction, transportation, delivery services, and consulting industries frequently involve independent contractor relationships.
### What happens if a worker is misclassified?
If a worker is misclassified as an independent contractor when they should be treated as an employee, they may still qualify for worker’s compensation benefits.
### Contact Our Milwaukee Worker’s Compensation Attorneys
Workplace injury claims involving independent contractor status can be legally complex. Determining whether a worker qualifies for benefits often requires careful examination of the employment relationship and applicable Wisconsin laws.
If you were injured on the job in Milwaukee, Wisconsin or nearby communities such as Wauwatosa, West Allis, Oak Creek, or Greenfield, it is important to understand your rights under the Wisconsin Worker’s Compensation Act.
The attorneys at Gillick, Wicht, Gillick & Graf represent injured workers throughout Milwaukee County and southeastern Wisconsin. Our legal team helps clients pursue worker’s compensation benefits and resolve disputes involving worker classification.
Contact our [Wisconsin worker’s compensation lawyers](https://www.gillickwicht.com/workers-compensation) now at [(414) 257-2667](https://www.google.com/search?q=gillick%2C+wicht%2C+gillick+%26+graf&sca_esv=d50a20c434f29bec&sxsrf=AE3TifM4rsoVMC_KbeMI6Re9XTMJ3WtSaA%3A1752685141191&source=hp&ei=Vdp3aOjlCNrG0PEP-NOL0Qc&iflsig=AOw8s4IAAAAAaHfoZdd5Z0oqMNvbVjdqlmRnmRhGmKg5&oq=gill&gs_lp=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-kFwgcFMC40LjHIBww&sclient=gws-wiz#) for a free, no-obligation initial consultation. We represent injured employees and independent contractors throughout Wisconsin, including Cedarburg, Brookfield, Oak Creek, Kenosha, Delafield, and Whitefish Bay.
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### [Understanding Repetitive Stress Injuries: Your Guide to Wisconsin Worker's Compensation Claims](https://www.gillickwicht.com/understanding-repetitive-stress-injuries-your-guide-to-wisconsin-workers-compensation-claims/)
**Published:** March 4, 2026
**Author:** admin
**Content:**
A repetitive stress injury (RSI) is an injury that develops gradually due to overuse or repeated trauma. Unfortunately, repetitive stress injuries are a serious problem in American workplaces. The Occupational Health and Safety Administration (OSHA) estimates 1.8 million workers develop RSIs every year.
Not only are these injuries debilitating, but many workers do not fully understand their legal rights. In Wisconsin, you can recover worker’s compensation benefits for a repetitive stress injury. In this article, our [Milwaukee worker’s comp lawyers](https://www.gillickwicht.com/workers-compensation "Milwaukee Workers’ Compensation Lawyers") offer a guide to repetitive stress injuries in the workplace.
## Wisconsin Worker’s Compensation and Repetitive Stress Injuries
**What is Repetitive Stress Injury?**
A repetitive stress injury or repetitive trauma injury is a slow-developing injury that happens due to overexertion. These injuries are frequently associated with repeated tasks, forceful exertions, and awkward movements. Workers who spend years lifting, climbing, and doing the same strenuous tasks, again and again, are at risk of developing repetitive stress injuries. Some notable examples of these injuries include:
- Carpal tunnel syndrome
- Tennis elbow
- Tendonitis
- Rotator cuff injuries
- Lower back injuries
- Upper back injuries
- Neck injuries
### Wisconsin Law Classifies a Repetitive Injury as an Occupational Disease
One of the biggest myths about worker’s compensation claims in Wisconsin is that you must sustain a specific injury in a specific accident to be eligible to recover financial compensation. This is false. You can recover worker’s compensation benefits for a repetitive stress injury. Under state law, a repetitive stress injury is an occupational disease.
According to the [Wisconsin Worker’s Compensation Guide](https://dwd.wisconsin.gov/dwd/publications/wc/WKC-7580.htm), our state defines an occupational disease as a persistent mental or physical condition that develops due to exposure to certain stresses within the workplace. A repetitive stress injury, such as carpal tunnel or a herniated disc, can absolutely meet this standard. The key is connecting the injury to the workplace.
### The Challenge: Connecting Repetitive Stress Injuries to Employment
Sadly, workers who have developed severe repetitive trauma injuries sometimes face some major challenges in the worker’s comp claims process. Generally, the primary question that must be addressed in these cases is the same: How do you connect a repetitive stress injury to your employment?
Through a well-crafted worker’s comp claim backed by comprehensive supporting medical evidence, you can establish the necessary link between employment and your injuries. If your repetitive stress injury worker’s comp claim was denied, do not give up on your rights. Our Milwaukee worker’s comp lawyers will help you build an appeal.
## Repetitive Stress Injury Statistics In Wisconsin Worker’s Comp Claims
Repetitive stress injuries (RSIs), often referred to as repetitive trauma injuries, are increasingly acknowledged as a significant concern within Wisconsin’s workforce. These injuries typically develop over time, resulting from persistent motions, excessive exertion, or sustained strain in the workplace. With a growing recognition of their impact, RSIs are now considered valid grounds for workers’ compensation benefits under Wisconsin law, reflecting the need for better awareness and prevention strategies.
### Prevalence and Recognition
According to reports from the Wisconsin Department of Workforce Development and the Occupational Safety and Health Administration (OSHA), it is estimated that approximately [1.8 million workers across the United States are diagnosed with RSIs each year](https://blog.oshaeducationschool.com/what-is-repetitive-strain-injury-rsi/). In Wisconsin, RSIs are classified as occupational diseases. This classification is significant because it means that affected individuals do not need to demonstrate that their injury resulted from a single traumatic incident to qualify for compensation. Instead, they must establish a clear connection between their injury and long-term exposure to repetitive tasks or sustained activities in their work environment.
### Common Types of RSIs in Wisconsin Claims
Several types of RSIs frequently lead to workers’ compensation claims in Wisconsin. These include:
**Carpal Tunnel Syndrome** – A condition caused by pressure on the median nerve in the wrist, leading to pain, numbness, and weakness in the hand and arm.
**Tendonitis** – Inflammation of a tendon, often resulting from overuse, which can affect various parts of the body, including shoulders, elbows, and knees.
**Rotator Cuff Injuries** – Injuries to the group of muscles and tendons that stabilize the shoulder joint, common among individuals who perform overhead tasks.
**Tennis Elbow (Lateral Epicondylitis)** – A type of tendonitis that causes pain on the outside of the elbow, often linked to repetitive arm and wrist motions.
**Lower and Upper Back Injuries** – Conditions resulting from lifting, carrying, or other repetitive motions that put strain on the back muscles and spine.
**Neck Strain** – Injury or discomfort in the neck region, often resulting from prolonged computer use or repetitive neck movements.
These injuries are particularly prevalent in sectors such as manufacturing, healthcare, construction, and office settings, where repetitive tasks such as typing, lifting, handling tools, or performing the same motion over extended periods are commonplace.
### Claim Trends and Challenges
Although Wisconsin’s workers’ compensation system allows for the filing of RSI claims, these claims are particularly scrutinized compared to acute injury claims. The main challenge workers face when seeking compensation for RSIs is demonstrating a direct cause-and-effect relationship between their job duties and the resulting injuries. To succeed in these claims, workers often need to provide robust medical documentation, undergo job duty analyses, and may require expert testimony to establish causation and support their case.
To assist in navigating these claims, the Wisconsin Workers’ Compensation Division offers an interactive dashboard that enables users to filter claims by injury type, including RSIs. This resource provides valuable insights into trends over the years, as well as details related to specific occupations and industries. While exact statistics on the number of RSI claims are not explicitly available, they constitute a significant percentage of the overall occupational disease claims within the state.
### Compensation and Benefits
Workers who suffer from RSIs may qualify for a variety of compensation and benefits, which can include:
**Medical Treatment and Rehabilitation** – Coverage for necessary medical care, therapies, and rehabilitation services aimed at helping the worker recover from their injury.
**Wage Replacement** – Employees may receive wage replacement benefits that typically amount to two-thirds of their average weekly wage during their recovery period.
**Permanent Partial Disability Payments** – If the injury results in lasting impairment, workers may be eligible for payments based on the level of their disability.
**Vocational Retraining** – If an RSI prevents an employee from returning to their previous job, they may qualify for vocational retraining programs to help them gain new skills and find suitable employment.
This comprehensive overview highlights the critical importance of recognizing and effectively addressing RSIs in the workplace. By increasing awareness and understanding of these injuries, employers and employees alike can work towards creating safer work environments that prioritize health and well-being.
## Call Our Wisconsin Repetitive Stress Work Injury Lawyers Today
At Gillick, Wicht, Gillick & Graf, our Milwaukee worker’s comp attorneys have the skills, knowledge, and experience to handle the complete range of repetitive stress injury claims. If you or your loved one develops a gradual injury on the job, we can help. For a no-fee, no-obligation review of your work injury claim, please [contact our Milwaukee law office](https://www.gillickwicht.com/Contact.shtml) now at [414-257-2667](tel:4142572667). We represent injured workers throughout Wisconsin.
## Frequently Asked Questions About Repetitive Stress Injury in Wisconsin Worker’s Comp Claims
Repetitive stress injuries (RSIs), sometimes called repetitive strain injuries or cumulative trauma injuries, are among the most common workplace injuries reported in Wisconsin. These injuries typically develop gradually over time due to repeated motions, overuse, or sustained physical stress on specific parts of the body. Workers in manufacturing, healthcare, office environments, construction, and logistics are especially vulnerable.
Wisconsin’s worker’s compensation system provides benefits to employees who suffer injuries or occupational diseases caused by their work. Repetitive stress injuries such as carpal tunnel syndrome, tendonitis, and chronic back or neck strain can qualify for worker’s compensation benefits when the job significantly contributes to the condition.
Below are answers to some of the most frequently asked questions about repetitive stress injury claims under Wisconsin worker’s compensation law.
### What is a repetitive stress injury?
A repetitive stress injury is a medical condition that develops when repeated movements, prolonged strain, or continuous pressure damages muscles, nerves, or tendons over time. Unlike sudden accidents, these injuries occur gradually and may worsen if left untreated.
Common examples of repetitive stress injuries include:
Carpal tunnel syndrome
Tendonitis
Rotator cuff injuries
Chronic back or neck strain
Epicondylitis (tennis elbow)
Trigger finger
Many employees first notice symptoms such as numbness, tingling, weakness, stiffness, or chronic pain in the affected body part. Over time, these symptoms can interfere with work duties and daily activities.
### Are repetitive stress injuries covered under Wisconsin worker’s compensation?
Yes. Wisconsin worker’s compensation law covers work-related injuries and occupational diseases, including repetitive stress injuries, if the employee’s job duties significantly contribute to the condition.
An injury does not need to result from a single accident to qualify. Conditions that develop gradually due to repetitive work activities may still be compensable. Workers must typically demonstrate that their job responsibilities played a substantial role in causing or aggravating the injury.
### What benefits are available for repetitive stress injury claims?
Workers who suffer a compensable repetitive stress injury may be eligible for several types of benefits under Wisconsin worker’s compensation law.
Medical treatment is typically covered, including doctor visits, physical therapy, diagnostic testing, and surgery when necessary. Worker’s compensation also pays for reasonable and necessary medical expenses related to the injury.
In addition, injured workers may receive wage replacement benefits if a doctor restricts them from working or limits their work activities. These payments help compensate for lost income during recovery.
Other possible benefits may include permanent disability payments if the injury causes lasting impairment.
### How do I prove that my repetitive stress injury is work-related?
Proving that a repetitive stress injury is work-related can be more complex than proving a traumatic injury. Since these conditions develop over time, employers or insurance companies may argue that the injury resulted from hobbies, aging, or prior employment.
Medical evidence is usually the most important factor. A treating physician must typically diagnose the injury and provide an opinion linking the condition to workplace duties.
Documentation may also help support a claim. Examples include:
Medical records
Job descriptions
Statements from coworkers
Evidence of repetitive tasks or physical demands
Even if outside activities contributed to the condition, the injury may still qualify for benefits if work activities significantly contributed to the problem.
### When should I report a repetitive stress injury?
Workers should report a suspected repetitive stress injury to their employer as soon as they become aware that the condition may be related to their job. Prompt reporting helps protect the worker’s right to benefits and ensures that medical treatment begins quickly.
Under Wisconsin law, injured workers generally must report a workplace injury within two years. Failing to report the injury within that time period may result in losing eligibility for worker’s compensation benefits.
Because repetitive stress injuries sometimes develop slowly, employees may not immediately realize that their symptoms are work-related. Once the connection becomes clear, it is important to notify the employer promptly.
### Can I choose my own doctor for treatment?
Yes. Wisconsin worker’s compensation law generally allows injured employees to choose their own medical provider. This can include physicians, chiropractors, podiatrists, and psychologists licensed in the state.
Unlike some states where employers control the selection of medical providers, Wisconsin gives workers significant freedom in choosing the healthcare professional who will diagnose and treat their condition.
Choosing an experienced physician who understands occupational injuries can be helpful when documenting a repetitive stress injury claim.
### What happens if my claim is denied?
Repetitive stress injury claims are sometimes disputed by employers or insurance companies. Insurers may argue that the injury was not caused by work activities or that the condition existed before employment.
If a claim is denied, workers still have legal options. The injured employee may request a hearing with the Wisconsin Worker’s Compensation Division to resolve the dispute.
At the hearing, evidence such as medical records, expert testimony, and work history may be presented to determine whether the injury qualifies for benefits.
### Can repetitive stress injuries lead to settlements?
Yes, in some situations repetitive stress injury claims may be resolved through a settlement or compromise agreement. A settlement usually occurs when there is a dispute over benefits, disability ratings, or the extent of the injury.
In Wisconsin, settlements must be approved by the Worker’s Compensation Division to ensure that the agreement is fair and reasonable for the injured worker.
Before agreeing to a settlement, workers should carefully consider whether the payment adequately covers medical expenses, lost income, and potential future treatment.
### How long does a repetitive stress injury claim remain open?
In many cases, worker’s compensation claims remain open for several years after the injury. Wisconsin law generally allows claims to remain open for up to six years from the date of injury or the last payment of compensation.
This extended time frame allows workers to seek additional benefits if the condition worsens or requires further medical treatment.
### Should I speak with a worker’s compensation attorney?
While it is not required, many injured workers choose to consult an attorney when dealing with repetitive stress injury claims. These cases often involve complex medical evidence and disputes about whether work duties caused the injury.
An experienced worker’s compensation lawyer can help evaluate the claim, gather evidence, negotiate with insurance companies, and represent the worker in hearings if necessary.
Attorney fees in Wisconsin worker’s compensation cases are typically limited to a percentage of the compensation recovered, and the fees must be approved by the Worker’s Compensation Division.
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**Tags:** repetitive stress injuries, worker's compensation
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### [Missed Deadlines In Wisconsin Worker's Compensation Claims: Can You Still Recover Benefits?](https://www.gillickwicht.com/missed-deadlines-in-wisconsin-workers-compensation-claims-can-you-still-recover-benefits/)
**Published:** March 3, 2026
**Author:** admin
**Content:**
When an injured worker misses a deadline in a Wisconsin Worker’s Compensation claim, panic often sets in fast. Many people assume that a late notice or delayed filing automatically ends their right to benefits. In reality, Wisconsin Worker’s Compensation law is more nuanced. Some deadlines are strict, while others allow exceptions depending on the facts. We represent injured workers throughout Milwaukee and across Wisconsin, and we regularly see valid claims that were initially denied because of alleged missed deadlines. The key is understanding which deadlines matter most, how Wisconsin law treats them, and what options may still exist.
Wisconsin Worker’s Compensation claims are governed by Chapter 102 of the Wisconsin Statutes. These laws are designed to provide benefits without requiring injured workers to prove fault, but they also impose specific procedural requirements. Employers and insurance carriers often rely on missed deadlines as a defense, even when the law allows flexibility. Our role is to determine whether a deadline truly bars the claim or whether the worker can still recover benefits under Wisconsin law.
### Notice Of Injury Deadlines Under Wisconsin Law
One of the most common issues involves notice of injury. Under [Wis. Stat. § 102.12](https://docs.legis.wisconsin.gov/statutes/statutes/102/12), an injured worker is generally required to give notice of the injury to the employer within 30 days. However, the statute does not require formal written notice in every case. Notice can be actual knowledge by a supervisor, manager, or employer representative.
Wisconsin law also recognizes important exceptions. If the employer had actual knowledge of the injury, late notice may not bar the claim. In addition, if the employer was not prejudiced by the delay, benefits may still be available. Employers often argue that prejudice is automatic, but that argument does not always hold up. We closely examine how the employer learned of the injury and whether the delay actually prejudiced the defense of the claim.
### Statute Of Limitations For Filing A Claim
Another critical deadline is the statute of limitations. Under [Wis. Stat. § 102.17(4)](https://docs.legis.wisconsin.gov/statutes/statutes/102/17/4), a claim must generally be filed within six years from the date of injury for a traumatic injury or within twelve years for an occupational disease claim. Missing this deadline can be far more serious than a late notice to the employer.
That said, disputes often arise over when the clock actually started. In occupational disease cases or repetitive trauma injuries, the date of injury is not always obvious. Wisconsin law recognizes that some injuries develop over time. Determining the correct injury date can mean the difference between a valid claim and a denial. We analyze medical records, work history, and prior payments to determine whether the claim was truly filed late under the statute.
### Deadlines Related To Medical Treatment And Temporary Disability
Deadlines can also affect medical treatment and temporary disability benefits. Injured workers may be accused of delaying treatment or failing to follow procedures set by the employer or insurer. While Wisconsin Worker’s Compensation law allows employers some control over initial treatment under Wis. Stat. § 102.42, that control is limited.
Delays in treatment do not automatically bar benefits. The central question is whether the treatment delay breaks the causal connection between work and injury. Insurers often argue that late treatment means the condition is no longer work-related. We challenge those arguments by tying medical evidence back to the original workplace injury.
### Administrative Deadlines And Hearing Requests
Missed deadlines can also occur during the administrative process. When a claim is denied, injured workers must act promptly to request a hearing before the Wisconsin Division of Hearings and Appeals. Failure to respond to notices or orders can result in dismissal.
Even then, all is not necessarily lost. In some cases, procedural dismissals can be challenged or reopened depending on the circumstances. Wisconsin administrative law allows for relief in limited situations where fairness requires it. Each case depends on timing, notice, and the reason for the delay.
### Why Missed Deadlines Are Often Not The End Of A Claim
Employers and insurers frequently present deadlines as absolute when they are not. Wisconsin Worker’s Compensation law balances procedural rules with the remedial purpose of the system. The law is intended to protect injured workers, not trap them through technicalities.
We evaluate missed deadlines with a critical eye. The questions are not just whether a deadline was missed, but why it was missed, whether the employer was harmed, and whether the statute truly bars recovery. Many claims can still move forward with proper legal analysis and advocacy.
## FAQs About Missed Deadlines In Wisconsin Worker’s Compensation Claims
### What Happens If I Did Not Report My Work Injury Within 30 Days?
A late report does not automatically end your claim. Under Wis. Stat. § 102.12, benefits may still be available if your employer had actual knowledge of the injury or if the employer was not prejudiced by the delay. Each case depends on the facts surrounding notice.
### Can I Still File A Claim If Years Have Passed Since The Injury?
Possibly. Under Wis. Stat. § 102.17(4), the standard filing deadline is six or twelve years depending on the type of injury. Occupational disease and repetitive trauma cases often involve disputes over when the injury legally occurred.
### Does Delayed Medical Treatment Kill My Claim?
No. Delayed treatment raises issues, but it does not automatically bar benefits. The focus is whether medical evidence still supports a connection between your work and your condition under Wis. Stat. § 102.42.
### What If I Missed A Deadline To Request A Hearing?
Missing a hearing deadline can result in dismissal, but some dismissals may be challenged depending on notice and circumstances. Administrative deadlines are serious, but they are not always final.
### Can An Employer Deny A Claim Just Because A Deadline Was Missed?
Employers often try, but the law does not always support that position. Wisconsin Worker’s Compensation law requires a close look at prejudice, notice, and statutory intent.
### Should I Give Up If My Claim Was Denied For Being Late?
No. Many denied claims can still be pursued. A denial is not the same as a final legal determination. Proper review of the statutes and facts is essential.
## Call Gillick, Wicht, Gillick & Graf For A Free Consultation
If you are worried that a missed deadline may affect your Wisconsin Worker’s Compensation claim, do not assume your case is over. At Gillick, Wicht, Gillick & Graf, we have decades of experience protecting injured workers across Wisconsin. Our law offices are located in Milwaukee, and we represent workers statewide. Contact our [Milwaukee worker’s compensation lawyers](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf by calling [414-257-2667](tel:14142572667) to [receive a free consultation](https://www.gillickwicht.com/Contact.shtml) and find out whether you can still recover the benefits you deserve.
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### [How Wisconsin Work Injury Settlements Are Determined](https://www.gillickwicht.com/how-wisconsin-work-injury-settlements-are-determined/)
**Published:** March 2, 2026
**Author:** admin
**Content:**
The Wisconsin Worker’s Compensation Act provides benefits to workers who are injured or disabled at work. Worker’s comp avoids needing a personal injury lawsuit by covering job-related injuries without the need to determine fault.
Determining what you can receive in a worker’s comp settlement can be complex, but with the help of an experienced attorney, you can have a favorable case outcome.
In this blog post, learn about Wisconsin work injury settlements, and then our[ Wisconsin worker’s comp lawyers](https://www.gillickwicht.com/workers-compensation) can answer your case-specific questions.
## How To Determine Wisconsin Worker’s Comp Settlements
Wisconsin has a basic worker’s comp settlement formula to determine what a worker is owed after they are injured on the job. The settlement is determined by adding the worker’s medical expenses, income loss benefits, disability benefits, and work rehabilitation costs. Death benefits are included if necessary to decide what is owed to the injured employee or their loved ones. However, each compensation area has complexities that will vary depending on the case.
### Medical Costs
Wisconsin worker’s compensation pays for all reasonable, necessary medical costs related to a job-related injury. Injured employees have the right to choose their own doctor in this state, but not every state allows this. Worker’s comp medical expenses cover doctor’s visits, hospitalization, ambulance transportation, medical treatments, surgery, medication, and physical therapy.
Worker’s comp may or may not cover some medical treatments, such as acupuncture and chiropractic care. This is why you should talk to an experienced worker’s comp attorney about your situation before getting medical treatment for your job-related injury. Also, transportation to and from your medical appointments is covered, such as public transportation expenses or mileage for your car.
### Wage Losses
While you recover from your injuries, you have a claim to receive temporary total disability (TTD) benefits under the law. Wage loss benefits do not apply for the first three days you miss from work unless you cannot work for more than seven days. TTD benefits apply if you cannot perform any job while you recover from a job-related injury or occupational illness. They also apply if you could return to limited duty, but your employer does not accommodate you.
TTD benefits are 2/3 of your average weekly wages, up to a maximum of $1,051 per week in 2020. Your TTD benefits continue until a doctor determines that you have reached maximum medical improvement or you return to work.
Wisconsin worker’s comp also offers wage benefits through temporary partial disability payments. These payments apply if you can go back to work but cannot earn the same wage as you could before the work-related injury. Temporary partial disability payments are 2/3 of your pre-injury and post-injury earnings. The same maximum weekly benefit applies as TTD benefits.
### Disability
Once you reach maximum medical improvement or end of healing, your doctor will decide if you have a permanent disability. If you have a permanent disability, you will be entitled to permanent partial disability compensation. The amount you receive is determined through a permanent impairment rating, which is the amount of body function you lost for the affected body part.
What you receive for permanent disability benefits is determined based on the year of your job-related injury. How long you are entitled to permanent partial disability payments is determined by a schedule if your affected body part is listed or according to a permanent impairment rating for your lost body function.
If your doctor decides you cannot perform any work because of your work-related injuries, you may receive permanent total disability benefits. Some job-related injuries, such as the loss of both eyes or limbs, are assumed to be permanent disability. Others will need to be evaluated by your doctor and a vocational expert. Permanent total disability benefits are determined as 2/3 of your average weekly earnings. They continue for the rest of the injured worker’s life.
### Vocational Rehabilitation
If your doctor decides it will be difficult for you to return to your job, worker’s comp also may cover job rehabilitation. This can include 80 weeks of job training, career planning, and help getting a job. During this period, injured employees are entitled to temporary total disability payments to cover their loss of earnings.
### Death Benefits
Unfortunately, some job-related accidents can cause the employee’s death. In this case, the state worker’s comp program offers death benefits to the deceased’s loved ones. A surviving spouse can receive death benefits up to four times the employee’s annual earnings, up to a certain maximum. In 2020, the maximum was $4,554 per month, and the annual limit was $315,300.
More death benefits may be provided to surviving children under 18 or incapacitated children. If the worker did not have a surviving spouse, other family members could receive the death benefits if they benefited financially from the deceased.
Worker’s comp also pays for burial and funeral costs if an employee dies because of a job-related injury. The employer must cover up to $10,000 in funeral and burial costs.
### Average Worker’s Compensation Settlements
The[ National Safety Council (NSC)](https://injuryfacts.nsc.org/work/costs/workers-compensation-costs/) compiles nationwide average worker’s compensation settlements. In 2019 and 2020, the average cost for all worker’s comp claims nationally was $41,353. The data shows that the costliest lost-time worker’s comp claims caused by injuries were from car accidents, averaging $85,300 per worker’s comp claim filed. Other work-related injuries with above-average settlements were:
- Burns: $54,173
- Falls and slips: $48,575
- Caught between accidents: $44,588
Also, the NSC reported that the costliest worker’s comp claims by cause of injury were for amputations, averaging $118,800 per claim filed in 2019 and 2020. Next were settlements for injuries because of dislocation, crush, or facture – $60,934. The costliest for worker’s comp claims by part of the body were those involving the head and central nervous system – $93,942. Keep in mind though, each claim is unique and has its own value so you cannot compare the value of your claim to another person’s claim.
## Contact Our Wisconsin Worker’s Comp Lawyers Now
Were you injured on the job in Milwaukee or another community in Wisconsin? You could be entitled to compensation for your medical expenses and lost wages. Contact our Wisconsin workers’ comp lawyers at[ Gillick, Wicht, Gillick & Graf](https://www.gillickwicht.com/Contact.shtml). We may be able to help with your claim, so please call (414) 257-2667 for a consultation.
## Frequently Asked Questions About Wisconsin Work Injury Settlements
### What Is a Work Injury Settlement?
A work injury settlement is an agreement between an injured employee and the employer’s worker’s compensation insurance carrier that resolves some or all aspects of the claim. Instead of continuing to receive ongoing benefits, the worker accepts a negotiated lump sum or structured payment in exchange for closing part or all of the claim.
In Wisconsin, settlements are subject to approval by the Wisconsin Department of Workforce Development to ensure fairness and compliance with state law.
### What Types of Benefits Can Be Included in a Settlement?
A Wisconsin worker’s compensation claim may involve several types of benefits, including:
Temporary total disability benefits for time off work
Temporary partial disability benefits if working reduced hours
Permanent partial disability benefits for lasting impairment
Medical expenses related to the work injury
Vocational rehabilitation benefits
A settlement may address wage loss benefits, permanent disability payments, or future medical expenses depending on the specific agreement negotiated.
### Can I Settle My Wisconsin Worker’s Compensation Case at Any Time?
In most cases, a claim can be settled after the injured worker reaches a healing plateau known as maximum medical improvement. This means the condition has stabilized and further recovery is not expected, even if ongoing treatment is required.
Settling too early can be risky because the full extent of permanent impairment or future medical needs may not yet be known. A medical evaluation and impairment rating are typically necessary before settlement discussions begin.
### How Is the Value of a Work Injury Settlement Determined?
Several factors influence settlement value, including:
Severity and permanence of the injury
Percentage of permanent disability
Average weekly wage at the time of injury
Future medical needs
Ability to return to work
Disputed liability issues
Wisconsin uses statutory formulas to calculate permanent partial disability benefits. However, negotiations may adjust the total amount depending on litigation risks and future exposure.
### Will I Receive a Lump Sum Payment?
Many Wisconsin worker’s compensation settlements are paid in a lump sum. However, structured arrangements are possible in certain circumstances.
The settlement agreement will specify payment terms. Once approved by the state, payment is typically issued within a defined timeframe.
### Do I Have to Give Up Future Medical Benefits?
It depends on the terms of the settlement. Some settlements close only wage loss claims while leaving medical benefits open. Others close the claim entirely, including future medical coverage related to the injury.
Closing future medical benefits means you will be responsible for paying any additional treatment costs related to that injury. Careful evaluation of long-term medical needs is essential before agreeing to such terms.
### Are Work Injury Settlements Taxable in Wisconsin?
Generally, worker’s compensation benefits in Wisconsin are not considered taxable income under federal or state law. However, if a worker also receives Social Security Disability benefits, coordination issues may arise.
It is advisable to consult with a knowledgeable professional to understand any potential offsets or financial planning implications.
### What If My Employer Disputes My Claim?
If an employer or insurance carrier disputes liability, settlement negotiations may still occur. In contested cases, settlement can provide certainty and avoid the risks of a formal hearing.
If a claim cannot be resolved informally, it may proceed to a hearing before an administrative law judge within the worker’s compensation system.
### Do I Need an Attorney to Settle a Wisconsin Work Injury Claim?
While it is possible to settle without legal representation, worker’s compensation law can be complex. Insurance companies have experienced adjusters and attorneys negotiating on their behalf.
An experienced Wisconsin worker’s compensation attorney can:
Evaluate the full value of your claim
Ensure proper calculation of disability benefits
Review medical documentation
Negotiate favorable settlement terms
Protect future rights
Legal representation often increases the likelihood of a fair outcome.
### How Long Does the Settlement Process Take?
The timeline varies depending on medical recovery, dispute level, and negotiation progress. Some cases resolve within several months after reaching maximum medical improvement. More complex cases involving permanent disability disputes may take longer.
Once an agreement is reached, state approval is required before funds are disbursed.
### What Happens After Settlement Approval?
After the Wisconsin Department of Workforce Development approves the settlement, payment is issued according to the agreement. If the settlement closes the claim fully, the case ends and no additional benefits related to that injury can be pursued. It is important to review the agreement carefully before signing, as it is legally binding once approved.
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### [Wisconsin Worker's Compensation Settlement Formula](https://www.gillickwicht.com/wisconsin-workers-compensation-settlement-formula/)
**Published:** February 25, 2026
**Author:** admin
**Content:**
The [Wisconsin Worker’s Compensation Act](https://dwd.wisconsin.gov/dwd/publications/wc/wkc-1-p.pdf?msclkid=67b9aa9db90911eca23bf65cd8ede039) covers the expenses of employees who are injured or disabled while on the job. The purpose of worker’s compensation is to alleviate the necessity of a lawsuit by covering workplace accidents without the need to determine fault in exchange for the worker giving up their right to sue.
Determining compensation for a workplace injury can be complicated, but the experienced [Wisconsin worker’s compensation lawyers](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf in Milwaukee are here to help. Call the office today at [414-257-2667](tel:4142572667) to schedule a free consultation of your case.
## Basic Worker’s Compensation Settlement Formula
At its core, there is a basic[ worker’s compensation settlement formula](https://dwd.wisconsin.gov/wc/workers/) in Wisconsin to determine what an employee is owed after being hurt on the job. A settlement is calculated by adding the medical expenses, wage loss benefits, disability benefits, vocational rehabilitation costs, and if necessary, death benefits to determine the total amount owed to an injured worker or their loved ones. However, each category of compensation has its own complexities that vary the amount for each individual case.
Medical Expenses
Worker’s compensation covers all reasonable and necessary medical expenses that are related to workplace accidents. In Wisconsin, injured workers have the right to choose their own healthcare provider, which is not the case in some other states. Medical expenses covered include ambulatory transportation, doctor’s visits, hospitalization, medication, medical treatment, surgery, and physical rehabilitation.
Certain types of medical treatments may or may not be covered under worker’s compensation, such as chiropractic visits and acupuncture, which is why you should always speak with a qualified attorney about your case before engaging in medical services for your injury. It is also important to note that travel to and from medical treatment is also covered, including public transportation costs or mileage in a personal vehicle.
### Wage Loss Benefits
While a worker is recovering from their injuries, they are entitled to temporary total disability benefits under the worker’s compensation act. These wage loss benefits do not apply to the first three days off from work unless the employee is out of work for more than seven days. Temporary total disability benefits apply if a worker is unable to perform any work while recovering from a workplace accident or occupational illness as well as if the worker could return to restricted work but has not been offered this type of work by the employer that meets the restrictions.
Temporary total disability benefits are calculated as two-thirds of the employee’s average weekly wage, up to a maximum limit. In 2020, that limit was $1,051 per week, which was 110% of the statewide average weekly wage. These benefits continue until a medical professional has determined that the employee has reached maximum medical improvement or the employee returns to work.
Worker’s compensation also provides wage benefits in the form of temporary partial disability payments. These benefits apply if the worker is able to return to work but can no longer earn the same amount as they could prior to the workplace injury. Temporary partial disability payments are calculated as two-thirds of the difference between a person’s pre-injury and post-injury wages, up to the same maximum as temporary total disability benefits.
### Disability Benefits
Once maximum medical improvement is reached for a worker after their accident, a medical professional will determine whether there is any permanent disability. In cases where there is some permanent disability, an employee is entitled to permanent partial disability payments. This is expressed as a permanent impairment rating, which is the percentage of lost body function for the body part affected.
The amount of permanent partial disability benefits are set based on the year of the injury. The length of time that a worker is entitled to permanent partial disability payments is dictated by either a schedule if the body part affected is listed or based on a permanent impairment rating for lost body function.
If an employee is deemed unable to perform any type of work because of the injuries sustained in a workplace accident, they are entitled to permanent total disability benefits. Some injuries like the loss of both eyes or limbs are presumed to be permanently disabling, while others are determined by a medical professional. Permanent total disability benefits are calculated as two-thirds of the worker’s average weekly wage and continue for as long as the person is permanently disabled, which in many cases can mean for life.
### Vocational Rehabilitation
If it is determined that it will be too difficult or impossible for an employee to return to their former job, worker’s compensation also covers the expenses involved in vocational rehabilitation. This includes up to eighty weeks of vocational training, career planning services, and assistance with job placement. During this time, an injured worker is entitled to also collect temporary total disability benefits to cover their wage loss.
### Death Benefits
Sadly, some workplace accidents ultimately result in the death of an employee, and when this happens Wisconsin worker’s compensation includes death benefits for the worker’s family members. A surviving spouse is entitled to death benefits that are up to four times the worker’s annual wages up to a certain limit, which in 2020 was $4,554.33 per month, with a yearly limit of $315,300.
Additional benefits are provided for any surviving children who are dependents under eighteen years old or are deemed incapacitated. If there is no surviving spouse, extended family members may also be entitled to death benefits if they were financially dependent on the deceased victim.
Wisconsin worker’s compensation also covers funeral and burial expenses for a worker who dies as a result of a workplace accident. An employer will cover up to $10,000 in costs for the funeral and burial of their employee. To learn more about what your worker’s compensation case might be worth, call or contact our office today.
### Call Our Milwaukee Worker’s Compensation Lawyers at 414-257-2667
Are you interested in learning more about what your worker’s compensation claim might be worth in the Milwaukee area? Then call the Milwaukee worker’s compensation lawyers at Gillick, Wicht, Gillick & Graf today, [414-257-2667](tel:4142572667) to [schedule a free consultation of your case](https://www.gillickwicht.com/Contact.shtml).
## **FAQs About Wisconsin Worker’s Compensation Settlements**
If you’ve been injured on the job in Wisconsin, you may be wondering whether a worker’s compensation settlement is possible in your case and how the process works. Wisconsin’s worker’s compensation system is designed to provide injured employees with medical care and wage replacement benefits without having to prove fault. However, many cases eventually resolve through a formal settlement.
Below are frequently asked questions about Wisconsin worker’s compensation settlements to help injured workers better understand their rights and options.
### **What Is a Wisconsin Worker’s Compensation Settlement?**
A worker’s compensation settlement is an agreement between the injured worker and the employer’s insurance carrier that resolves some or all aspects of a claim. In Wisconsin, settlements must be reviewed and approved by the [Wisconsin Department of Workforce Development](https://dwd.wisconsin.gov/) (DWD).
A settlement may resolve:
- Permanent disability benefits
- Future medical expenses
- Disputed claims involving work-relatedness
- Ongoing wage loss benefits
Once approved, the settlement becomes binding.
### **Can Every Worker’s Compensation Case Be Settled?**
Not every case must be settled. Some claims simply proceed with payment of medical expenses and disability benefits without a formal compromise. However, settlement often occurs when:
- There is a dispute over the extent of permanent disability
- The employer disputes whether the injury is work-related
- The parties disagree about future medical needs
- The injured worker wants closure and a lump-sum resolution
Settlement is voluntary. Neither side can be forced to agree.
### **What Types of Settlements Are Available in Wisconsin?**
In Wisconsin, worker’s compensation settlements generally fall into two categories:
Compromise settlement: Used when there is a dispute about liability or benefits. The injured worker receives a negotiated lump sum, and in exchange, gives up certain rights related to the claim.
Stipulation: Used when there is agreement on permanent disability percentage but formal documentation is required for payment.
Compromise settlements are more common when the insurance company contests aspects of the claim.
### **How Is a Settlement Amount Determined?**
Settlement value depends on several factors, including:
- The severity of the injury
- Permanent disability rating
- Average weekly wage at the time of injury
- Future medical expenses
- Ability to return to work
- Whether vocational retraining is necessary
Wisconsin uses statutory formulas to calculate permanent partial disability benefits. However, negotiations often consider broader factors, including litigation risk and medical uncertainty.
### **Does a Settlement Cover Future Medical Treatment?**
It can. Some settlements close out future medical rights, while others leave medical benefits open.
If future medical care is anticipated—such as surgeries, injections, or long-term therapy—this can significantly affect settlement value. Workers should carefully consider whether closing future medical rights is in their best interest.
### **Will I Receive a Lump Sum Payment?**
Most compromise settlements involve a lump-sum payment. Once approved by the Department of Workforce Development, payment is typically issued within a short timeframe.
However, it is important to understand that once you accept a compromise settlement and it is approved, you generally cannot reopen the claim later.
### **Do I Need Attorney Representation for a Settlement?**
While you are not legally required to hire an attorney, worker’s compensation settlements involve complex legal and medical issues. Insurance companies are experienced in evaluating claims and often aim to limit payouts.
An experienced Wisconsin worker’s compensation attorney can:
- Evaluate the full value of your claim
- Negotiate with the insurer
- Ensure settlement documents protect your rights
- Advise you about future medical exposure
Attorney fees in Wisconsin worker’s compensation cases are regulated by law and typically limited to a percentage of the amount obtained.
### **How Long Does the Settlement Process Take?**
The timeline varies depending on:
- Whether medical treatment has concluded
- Whether there is a dispute
- The scheduling of hearings if necessary
Some settlements occur within months of reaching maximum medical improvement, while contested claims may take longer.
### **Can I Still Receive Social Security Disability If I Settle?**
Possibly, but settlements can affect Social Security Disability Insurance benefits. Proper drafting of settlement language may help minimize offsets. Coordination between your worker’s compensation attorney and any Social Security representative is critical.
### **What Should I Do Before Accepting a Settlement?**
Before agreeing to any settlement:
- Review all medical records
- Confirm your permanent disability rating
- Consider future treatment needs
- Understand what rights you are giving up
Once approved by the Wisconsin Department of Workforce Development, settlements are final in most cases.
**If you are considering resolving your Wisconsin worker’s compensation claim, speaking with a knowledgeable attorney can help ensure you make an informed decision that protects your financial future and long-term medical needs.**
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**Categories:** Worker’s Compensation Lawyer
---
### [Wisconsin Injury Workers’ Compensation Claims: What You Need to Know](https://www.gillickwicht.com/wisconsin-injury-workers-compensation-claims-what-you-need-to-know/)
**Published:** February 23, 2026
**Author:** admin
**Content:**
If you are injured on the job in Milwaukee, Wisconsin, or the surrounding areas of Waukesha, Ozaukee, Washington, Racine, or Kenosha County, understanding your rights under Wisconsin’s workers’ compensation system is critical to protecting your financial stability and future health.
Workplace injuries in Wisconsin trigger a set of legal rules and procedural requirements that differ significantly from other types of personal injury claims. When handled correctly, injured workers can receive wage replacement, medical care coverage, rehabilitation support, permanent disability benefits, and vocational assistance — without needing to prove fault.
This guide explains the key elements of Wisconsin injury and workers’ compensation claims, what you need to do if you are hurt on the job, your rights under state law, common mistakes to avoid, and how an experienced [Milwaukee workers’ compensation attorney](https://www.gillickwicht.com/workers-compensation) can help.
## **What Is Workers’ Compensation in Wisconsin?**
Workers’ compensation is a no-fault insurance system that provides benefits to employees who suffer job-related injuries or occupational diseases, regardless of whether their employer was negligent. The objective is to ensure that injured workers receive prompt medical care and financial support without the delays and costs associated with negligence lawsuits.
In Wisconsin, most employers are required to carry workers’ compensation insurance — even if they only have one employee. This coverage applies to private sector jobs, government employers (in most cases), and many industrial and service professions common in the greater Milwaukee area.
## **When Does Workers’ Compensation Apply?**
To qualify for Wisconsin workers’ compensation, the injury must:
- Occur during the course of employment
- Arise from job-related duties or work conditions
- Result in a physical injury, occupational disease, or aggravation of a pre-existing condition
Common workplace incidents in the Milwaukee region include:
- Construction site falls and machinery accidents
- Heavy equipment injuries
- Trucking and logistics collisions
- Warehouse and industrial injuries
- Slips, trips, and falls in retail and service environments
- Repetitive stress injuries
- Occupational exposure diseases
Even if an injury appears minor at first, untreated conditions can worsen. Seeking immediate medical attention is essential — both for your health and for preserving your claim rights.
## **No-Fault Rule: You Do Not Have to Prove Employer Negligence**
Unlike personal injury lawsuits, workers’ compensation does not require proof that your employer acted negligently. The focus is strictly on whether your injury arose out of and in the course of employment. This no-fault principle accelerates access to benefits and reduces litigation barriers.
However, there are exceptions where disputes may arise. For instance, if your employer alleges that the injury occurred during an intentional act, while under the influence, or outside the scope of employment duties, benefits may be contested. An attorney can help gather evidence, medical documentation, and witness testimony to support your claim.
## **What Benefits Are Available in Wisconsin?**
Wisconsin workers’ compensation provides several types of benefits designed to replace lost wages, cover medical costs, and support recovery.
### **Medical Benefits**
Workers’ compensation covers reasonable and necessary medical treatment related to your injury or occupational disease. This may include:
- Hospital stays and emergency care
- Doctor visits
- Physical therapy and rehabilitation
- Prescription medications
- Diagnostic testing
- Assistive devices such as braces or mobility equipment
All medical care must be authorized under the workers’ compensation system to ensure coverage.
### **Temporary Disability Benefits**
If your injury prevents you from working for an extended period, temporary disability benefits replace part of your lost wages. Wisconsin typically pays two-thirds (approximately 66.67%) of your average weekly wage, subject to statutory maximums that are periodically updated.
These benefits continue until:
- You can return to work, or
- You reach maximum medical improvement (MMI)
### **Permanent Disability Benefits**
If your injury results in lasting impairment, permanent disability benefits may be payable once you reach MMI. The amount depends on the nature of your disability and the body part affected.
### **Vocational Rehabilitation**
If you cannot return to your previous occupation due to your injury, Wisconsin’s system may provide vocational rehabilitation services to help you retrain for a new job.
### **Death Benefits**
If a workplace injury results in a fatality, eligible dependents may receive death benefits, including funeral expenses and survivor compensation.
## **What Steps Should You Take After a Workplace Injury?**
The steps you take immediately after a workplace injury greatly influence your ability to recover full benefits.
### **1. Seek Immediate Medical Treatment**
Even if your injury seems minor, get evaluated by a qualified medical provider promptly. Injuries like soft tissue trauma, internal injuries, and concussions may not show symptoms right away.
### **2. Report the Injury to Your Employer**
Wisconsin law requires that you report your injury to your employer as soon as practicable, typically within 30 days of the injury or from the date you knew the injury was work-related. Delayed reporting can lead to denied claims.
### **3. Complete and Submit Your Claim Form**
Your employer must provide you with a workers’ compensation claim form (usually Form WC-14). Complete the form and return it promptly. Keep copies of all forms and correspondence.
### **4. Follow Your Doctor’s Orders**
Attend all medical appointments and adhere to prescribed treatment plans. Consistent treatment not only supports your recovery but also strengthens your claim.
### **5. Preserve Evidence**
Gather evidence such as:
- Accident reports
- Witness statements
- Photos or videos of the accident scene
- Medical records
- Pay stubs for wage benefits
Your attorney can help organize this material for claim support or dispute resolution.
## **Common Mistakes That Can Jeopardize Your Claim**
In workers’ compensation cases, small errors can have significant consequences. Avoid these common pitfalls:
- Failing to report the injury promptly
- Not documenting medical treatment
- Returning to work too soon without medical clearance
- Posting details about the injury on social media
- Accepting a low settlement offer without consulting an attorney
- Failing to appeal a denied claim
An experienced attorney can anticipate challenges and protect your rights throughout the process.
## **What Happens If Your Claim Is Denied?**
Insurance carriers often deny claims based on disputed causation, lack of timely reporting, or alleged non-work-related conditions. If your claim is wrongfully denied:
- You may request a hearing before an administrative law judge
- You can present medical evidence, testimony, and expert opinions
- Your attorney can challenge incorrect medical interpretations
Appeals must be filed within strict deadlines, making early legal representation crucial.
## **How an Attorney Can Help You**
A knowledgeable Milwaukee workers’ compensation attorney can:
- Evaluate your claim and legal options
- Ensure accurate and timely filing of all forms
- Gather and organize medical evidence
- Advocate against unfair dispute tactics
- Represent you at hearings
- Maximize your benefits, including wage replacement and disability awards
Insurance carriers have teams of adjusters and attorneys. You should have experienced representation on your side as well.
## **Frequently Asked Questions About Wisconsin Workers’ Comp**
### **Do I Have to Prove My Employer Was at Fault?**
No. Wisconsin’s workers’ compensation system operates under a no-fault standard. You do not need to prove employer negligence, only that the injury arose out of and in the course of employment.
### **How Long Does It Take to Receive Benefits?**
Temporary disability benefits may begin within a few weeks after filing, depending on how quickly forms are processed and medical evidence is submitted.
### **What Is Maximum Medical Improvement (MMI)?**
MMI is the point at which your condition is not expected to improve further with additional medical treatment. It is used to determine permanent disability benefits.
### **Can I Choose My Own Doctor?**
Yes. According to the [Wisconsin Department of Workforce Development (DWD)](https://dwd.wisconsin.gov/wc/medical/med-treatment-selection.htm), injured workers have the right to seek treatment from a doctor whom they trust. In an emergency, your employer can arrange to get you immediate help. Though from there, you have the right to pick your own doctor.
### **Can I Work While Receiving Benefits?**
In some cases, you may return to light duty or transitional work. Your doctor must authorize any return to work, and wage benefits may be adjusted accordingly.
### **Is There a Deadline to File a Lawsuit?**
Generally, Wisconsin imposes a statute of limitations of **two years** from the date of injury to file a civil action related to workers’ compensation benefits. Early action prevents loss of rights.
## **Milwaukee Workers’ Compensation and Personal Injury: Dual Paths**
Some workplace injuries may give rise to additional civil claims. For example:
- Third-party claims against negligent contractors
- Motor vehicle collision lawsuits
- Product liability claims for defective machinery
These additional claims exist outside the workers’ compensation system and may allow for recovery of additional damages, such as pain and suffering and full wage losses not covered by state benefits.
An attorney can evaluate whether a concurrent personal injury action should be pursued.
## **Preparing for Your First Consultation**
Before meeting with an attorney, gather:
- Your accident report
- Medical records and bills
- Pay stubs for the year prior to injury
- Correspondence with your employer or insurer
- Names of witnesses
This information helps your attorney assess your case quickly and accurately.
## **The Importance of Local Legal Expertise**
Wisconsin’s workers’ compensation laws have unique rules and procedures that differ from those of other states. Local familiarity with:
- Milwaukee County courts
- Administrative hearing calendars
- Regional medical providers
- Area employer defense tactics
gives your attorney a strategic advantage.
Firms with local experience understand how claims unfold in your community and have established relationships that support efficient case management.
## Call Our Wisconsin Work Injury Lawyers for Immediate Help
Workplace injuries can turn your life upside down — physically, emotionally, and financially. If you or a loved one has been injured on the job in Milwaukee, Waukesha, Racine, Kenosha, or nearby Wisconsin communities, do not navigate the workers’ compensation system alone.
An early legal consultation can help you:
- Protect your rights
- Maximize your benefits
- Avoid common mistakes
- Respond to claim denials effectively
- Pursue additional avenues of recovery
Your recovery deserves experienced legal support.
Contact a [Milwaukee workers’ compensation attorney](https://www.gillickwicht.com/workers-compensation) today for a comprehensive case review and strategic guidance tailored to your situation.
At Gillick, Wicht, Gillick & Graf, we have been Wisconsin’s trusted workers’ compensation law firm since 1948. If you or your loved one was hurt in the workplace, our lawyers are here to help. To set up a no-cost, no strings attached review of your case, please [contact our Milwaukee law office](https://www.gillickwicht.com/Contact.shtml) at (415) 257-2667. We represent injured workers throughout the entire region, including in West Allis, Waukesha, Greenfield, South Milwaukee, and Oak Creek.
**Your health and future matter. Let professionals protect your rights**
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**Categories:** Workers’ Compensation Lawyer
**Tags:** injured workers, worker's compensation claims
---
### [The Role Of Surveillance And Social Media In Wisconsin Worker's Comp Investigations](https://www.gillickwicht.com/the-role-of-surveillance-and-social-media-in-wisconsin-workers-comp-investigations/)
**Published:** February 16, 2026
**Author:** admin
**Content:**
Wisconsin Worker’s Compensation claims often involve a detailed investigation by insurance carriers and employers. We regularly see injured workers surprised to learn that surveillance and social media can be used to question the seriousness of an injury. Claims examiners may review posts, photos, and videos looking for activity that appears inconsistent with reported limitations.
Private investigators may also be hired to record day-to-day activity in public places. These tactics can affect credibility, benefits, and medical opinions, which makes it essential to understand how they are used under Wisconsin law. Wisconsin Worker’s Compensation law allows insurers to investigate claims, but those investigations must still follow the law and respect the limits on what can be recorded or used.
Under [Wisconsin Statutes Chapter 102](https://docs.legis.wisconsin.gov/statutes/statutes/102), insurers and employers have a right to investigate claims to confirm that injuries are work-related and that restrictions are legitimate. That investigation often focuses on whether physicians’ work restrictions are being followed. Video surveillance is usually conducted in public areas, such as streets, parking lots, and outside homes and workplaces.
While recording inside private spaces without consent is generally prohibited, activity visible to the public can be recorded and used during a claim. We carefully review any surveillance used in a claim, how it was obtained, and whether it fairly represents a worker’s abilities.
## How Surveillance Footage Is Used In Worker’s Compensation Cases
Surveillance is commonly used to challenge credibility. Short clips may be presented to suggest that an injured worker can lift, bend, or perform tasks that contradict medical restrictions. However, brief recordings rarely tell the full story. A person may push through pain or suffer significant symptoms afterward that are not captured on video. We work to place surveillance in full context, including the medical record, physician opinions, and the reality of good days and bad days that accompany many injuries.
Insurers may also use surveillance during independent medical examinations (IMEs) authorized under [Wisconsin Statutes § 102.13](https://docs.legis.wisconsin.gov/document/statutes/102.13). An investigator might record travel to and from the appointment or activity immediately before or after. Footage may then be provided to the IME physician in an effort to influence the opinion offered in the report. We address such tactics directly, including challenging IME conclusions where surveillance has been misinterpreted or taken out of context.
### The Growing Role Of Social Media In Wisconsin Claims
Social media has become a major focus of investigations. Posts on platforms such as Facebook, Instagram, TikTok, and X are often monitored. Wisconsin law generally allows insurers to review publicly available information, and screenshots can be used as evidence. Casual posts that appear harmless can be misunderstood. A photo from a family event, vacation, or holiday gathering can be misread as proof of physical capability far beyond reality. We regularly counsel clients to treat social media cautiously during a pending claim and to assume that anything posted publicly may be reviewed.
Deleting posts after a claim is filed can also raise concerns if it appears that evidence is being removed. We advise workers regarding lawful and appropriate conduct online while claims are pending. Accurate information matters, and credibility is central in Wisconsin Worker’s Compensation.
### When Surveillance And Social Media Cross The Line
Investigations must still follow the law. Trespassing, harassment, or recording through windows into private spaces is improper. Staged encounters or misleading editing can also occur. We review how investigators acted and whether the methods were reasonable and lawful. If surveillance is inaccurate or unfairly prejudicial, we challenge its use before the Department of Workforce Development or Worker’s Compensation Division when appropriate.
### Consequences Of Alleged Misrepresentation
Allegations of misrepresentation under [Wisconsin Stat. § 102.18(1)(bp)](https://docs.legis.wisconsin.gov/document/statutes/102.18(1)(bp)#:~:text=(bp)%20If%20the%20division%20determines,of%20malice%20or%20bad%20faith.) can lead to denial of benefits if an insurer proves intentional false statements. Surveillance and social media evidence are often cited in these disputes. We carefully analyze the claim record and ensure that honest mistakes or misunderstood images are not wrongly treated as fraud. Workers are entitled to present their full medical story, including fluctuating symptoms, medical flare-ups, and activity that causes pain afterward.
## Wisconsin Worker’s Compensation Frequently Asked Questions
### How Common Is Surveillance In Wisconsin Worker’s Compensation Claims?
Surveillance is fairly common in contested claims, especially where permanent restrictions or long-term benefits are at issue. Insurers may use private investigators during certain stages of a case. The goal is usually to test whether reported restrictions match actual activity. Short clips rarely tell the full story, so context and medical evidence remain critical.
### Can An Investigator Record Inside A Worker’s Home?
Investigators generally cannot legally record inside private spaces without permission. Most surveillance occurs in public places such as parking lots, sidewalks, or other locations where a person has no reasonable expectation of privacy. If recording intrudes into private areas, we examine whether the investigation crossed legal lines and challenge improper recordings.
### Can Social Media Posts Be Used Against An Injured Worker?
Yes. Public social media posts are often reviewed and can be introduced as evidence. Photos or comments may be taken out of context or misinterpreted. A single smiling picture does not prove a lack of pain or disability. We explain to clients that public posts may be viewed by insurers and encourage careful online behavior during a claim.
### Should An Injured Worker Delete Social Media Posts Once A Claim Begins?
Deleting posts may create problems if it appears that evidence is being destroyed. It is better to avoid posting about injuries, activities, or the claim at all while the case is pending. If inaccurate or outdated posts exist, legal advice should be obtained before taking action so that the worker does not face unnecessary allegations later.
### How Do Courts And Agencies Treat Surveillance In Hearings?
Decision makers look at the entire record, not just surveillance clips. Medical records, treating physician opinions, testimony, and work history all matter. Surveillance that shows brief activity may not outweigh strong medical evidence. We make sure that surveillance is placed in proper perspective and that misleading impressions are corrected.
### Can Surveillance Affect Entitlement To Benefits?
Yes. If surveillance appears to contradict reported restrictions, insurers may suspend or deny benefits or request additional examinations. That is why accurate reporting of symptoms and limits to physicians is so important. We advocate to ensure that benefits are not unfairly cut off based on incomplete or misleading video.
### Is It Legal For Insurance Companies To Watch A Person’s Home?
Investigators may observe a home from public areas but cannot trespass or harass. If conduct becomes intrusive or threatening, legal remedies may be available. We evaluate the conduct of investigators if clients report repeated or aggressive surveillance activities.
### What Steps Can Protect A Claim When Surveillance Is Suspected?
Consistent medical care, accurate reporting of symptoms, and caution on social media are key. Workers should follow the physician’s restrictions and document flare-ups or limitations. If surveillance is suspected or confirmed, we assess the situation and plan the next legal steps.
## Call Gillick, Wicht, Gillick & Graf For Guidance On Wisconsin Worker’s Compensation Investigations
Surveillance and social media can significantly influence Wisconsin Worker’s Compensation claims. Strong legal advocacy helps ensure that images and recordings are not misunderstood or misused.
Contact our [Milwaukee worker’s compensation attorneys](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf by calling [414-257-2667](tel:14142572667) to [receive a free consultation](https://www.gillickwicht.com/Contact.shtml). Offices are located in Milwaukee, and the firm represents injured workers throughout all of Wisconsin. We stand ready to protect rights, benefits, and future security in Worker’s Compensation matters.
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**Categories:** Worker’s Compensation Attorneys
---
### [How Independent Medical Examinations (IMEs) Impact Your Wisconsin Workers’ Comp Case](https://www.gillickwicht.com/how-independent-medical-examinations-imes-impact-your-wisconsin-workers-comp-case/)
**Published:** February 3, 2026
**Author:** admin
**Content:**
[Independent Medical Examinations](https://pmc.ncbi.nlm.nih.gov/articles/PMC3940566/), often called IMEs, play a significant role in many Wisconsin Worker’s Compensation cases. After a work injury, treatment usually begins with a trusted treating doctor who knows the medical history and follows the recovery process. At some point, the insurance company or employer may schedule an IME with a doctor they choose. That appointment can create anxiety because the report can affect benefits, work restrictions, and even long-term outcomes in the case. We want injured workers to understand what an IME is, why it happens, and how the results may be used under Wisconsin law.
Under [Wisconsin Statutes § 102.13(1)(a)](https://docs.legis.wisconsin.gov/document/statutes/102.13(1)(a)), an injured employee must submit to a reasonable examination by a physician, chiropractor, psychologist, or podiatrist chosen by the employer or insurance carrier. The law allows these exams to assess medical conditions, temporary or permanent disability, and treatment needs. These exams are not for treatment purposes. They are evaluations requested for litigation or claim handling. Refusal to attend can carry consequences, so knowing the rules before the exam is important.
## What An Independent Medical Examination Really Is
An IME is not independent in the everyday sense of the word. The doctor is selected and paid by the employer or insurance company. The goal of the IME is usually to obtain a medical opinion about one or more disputed issues, such as:
- Whether the injury is work-related.
- Whether further medical treatment is necessary.
- Whether the employee has reached the end of healing.
- Whether permanent disability exists.
- What work restrictions apply.
The treating doctor may hold different opinions. We often see conflicts between IME reports and treating physician opinions regarding causation, disability, or the need for surgery or therapy. Those differences matter because they influence whether the worker’s compensation insurance carrier continues to pay benefits.
## Legal Effects Of Refusing Or Missing An IME
Wisconsin law requires cooperation with reasonable examination requests. Under [Wisconsin Statutes § 102.13(1)(b)](https://law.justia.com/codes/wisconsin/2011/102/102.13.html), refusal to submit to an IME or obstruction of the exam may result in suspension of compensation for the period of refusal. Rescheduling for legitimate reasons is usually allowed, but ignoring the notice can severely damage a case. We advise injured workers about preparation and attendance because compliance protects benefit rights.
## How IME Reports Influence Benefits And Disputes
IME reports are often used by insurance companies to:
- Stop temporary disability checks.
- Deny additional medical treatment.
- Dispute permanent disability ratings.
- Challenge work restrictions or time off work.
- Dispute causation.
The insurer may rely on the IME opinion to issue a denial, even when the treating doctor supports continued care. Disputes that arise from IME reports are resolved through the Wisconsin Worker’s Compensation Division and ultimately before an administrative law judge if needed. The hearing process is governed by Wisconsin Statutes § 102.17, which addresses how claims are heard and decided.
We prepare to counter IME reports with detailed medical records, testimony, and supportive opinions from treating physicians. The credibility of the treating doctor and the quality of medical evidence often determine the outcome.
## Preparing For An Independent Medical Examination
Preparation does not mean rehearsing answers. It means understanding what will happen and being truthful and consistent. We guide clients on practical steps such as:
- Arriving early with identification and medication lists.
- Explaining how the injury occurred in clear and accurate terms.
- Describing symptoms honestly without exaggeration or minimization.
- Not speculating about issues outside medical knowledge.
Everything said to the examiner may appear in the report. Accuracy matters. We also review IME reports carefully for errors, omissions, and unsupported conclusions.
## When A Second Opinion Or Additional Exam May Be Appropriate
If an IME is unfavorable, that does not end the case. Treating physicians can respond in writing, additional testing can be performed, and in some cases, additional medical opinions are obtained. Wisconsin law allows submission of competing medical opinions, and administrative law judges weigh that evidence when deciding disputed claims under Wisconsin Statutes Chapter 102. We build the medical record so decision makers see the full picture of injury and recovery.
## Wisconsin Worker’s Compensation Independent Medical Examination FAQs
### What Is An Independent Medical Examination In A Wisconsin Worker’s Compensation Case?
An IME is a medical evaluation requested by an employer or insurance company to obtain an opinion about the work injury. It is permitted under Wisconsin Statutes § 102.13. The doctor conducting the IME does not treat the patient. The exam focuses on diagnosis, cause, disability rating, treatment needs, and work capacity. The IME report often becomes part of the evidence used to decide benefits.
### Do Workers Have To Attend An IME?
Yes, in most cases, attendance is required. Wisconsin Statutes § 102.13(1)(b) allows suspension of compensation if a worker refuses a reasonable examination. There are limits on the frequency and reasonableness of exam requests. If scheduling or medical hardships exist, they should be communicated promptly. We often assist with resolving these issues before problems arise.
### Can Benefits Stop After An IME?
Yes, insurers sometimes stop temporary disability or deny treatment after receiving an IME report that disputes the treating doctor. That denial is not final. Disputes can be litigated, and treating doctor opinions carry significant weight when they are well supported. We challenge adverse IME findings through the hearing process when warranted.
### Is The IME Doctor Really Independent?
The term can be misleading. The doctor is selected and paid by the employer or insurer. That relationship can influence how injuries are viewed. Administrative law judges understand this context and evaluate credibility accordingly. We highlight weaknesses, incomplete histories, or unsupported medical conclusions in IME reports to protect clients.
### How Should Someone Prepare For An IME Appointment?
Preparation includes reviewing the injury history, bringing medication lists, and being ready to describe symptoms accurately. Consistency between medical records and statements during the exam is important. No exaggeration and no minimization is the best approach. We often review expectations with clients so the appointment is less stressful and the information presented is clear.
### What Happens If The IME Conflicts With The Treating Doctor’s Opinion?
Conflicts are common. Both opinions may go before an administrative law judge under Wisconsin Statutes § 102.17. The judge decides which opinion is more credible based on reasoning, examination, testing, and medical records. Strong treating doctor support often helps overcome unfavorable IME findings when detailed and medically sound.
## Call Gillick, Wicht, Gillick & Graf For Help With Wisconsin Worker’s Compensation IMEs
IME results can change the direction of a Wisconsin Worker’s Compensation case. Strong legal representation can make the difference in how those reports are challenged or used.
For guidance from experienced Milwaukee attorneys, contact our [Milwaukee worker’s comp attorneys](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf by calling [414-257-2667](tel:14142572667) to [receive a free consultation](https://www.gillickwicht.com/Contact.shtml). Offices are located in Milwaukee, and the firm represents injured workers throughout all of Wisconsin.
admin
[See Full Bio](https://www.gillickwicht.com/author/admin/)
**Categories:** Worker’s Comp Attorneys
---
### [Who Chooses Your Doctor Under Wisconsin Workers Compensation Law?](https://www.gillickwicht.com/who-chooses-your-doctor-under-wisconsin-workers-compensation-law/)
**Published:** January 12, 2026
**Author:** admin
**Content:**
When you suffer a work injury in Wisconsin, one of the first questions you may face is who gets to choose your treating doctor. Many injured workers feel pressured by employers or insurance carriers to see specific clinics or occupational health providers. Others are unsure whether they have a legal right to select their own physicians.
As attorneys who represent injured workers across Wisconsin, we want you to understand that your choice of doctor under Wisconsin Worker’s Compensation law is a critical part of your case. The doctor you choose will affect your diagnosis, treatment plan, ability to return to work, and the benefits you may receive. That is why knowing your rights from the beginning is essential.
## Your Right To Choose Your Doctor Under Wisconsin Law
Under Wisconsin Worker’s Compensation law, employees have the legal right to choose their own doctor. Wisconsin Statute [§ 102.42(2)(a)](https://docs.legis.wisconsin.gov/statutes/statutes/102/42/2) clearly states that an injured worker may select any licensed physician, chiropractor, psychologist, dentist, or podiatrist to provide care. This freedom of choice includes specialists if your condition requires their involvement. You are not limited to the clinic your employer recommends, and you do not need permission from the insurance company to make your selection. This right gives you control over your medical care so your treatment is guided by your health needs rather than the interests of your employer or the insurer.
## Limits On The Number Of Doctor Choices
Although Wisconsin gives injured workers control, the law does set limits. Under § 102.42(2)(a), you may choose two treating doctors without needing approval from the insurance company. Each doctor may also refer you to specialists as needed, and those referrals do not count as separate choices. If you want to switch to a third treating doctor, you must obtain the insurer’s permission. Many workers do not know this rule and lose benefits when they exceed the allowed number of choices without approval. We help our clients determine whether a switch is permitted and ensure that any change in providers does not jeopardize their claim.
## Employer-Directed Care And Why It Does Not Control Your Case
Some employers try to direct workers to clinics they prefer. While an employer may schedule the initial appointment at an occupational clinic, Wisconsin law does not require you to continue treating there. Once you attend the first visit, you may immediately switch to a doctor of your choice. The insurance company is still responsible for paying bills from the provider you choose, as long as the treatment is reasonable and necessary under [§ 102.42(1)](https://docs.legis.wisconsin.gov/statutes/statutes/102/42/1). You cannot be punished or denied benefits for selecting your own doctor.
## Second Opinions, Independent Medical Exams, And Disputes
Insurance carriers often send injured workers to independent medical examinations, known as IMEs. These evaluations are allowed under [§ 102.13](https://docs.legis.wisconsin.gov/statutes/statutes/102/13), but the IME doctor does not replace your treating doctor. You still maintain your right to continue care with your chosen provider. However, IME reports often lead to disputes about work restrictions, disability ratings, or the need for further care. When disagreements occur, we step in to challenge unfair IME findings and protect the credibility of your treating physician.
## Wisconsin Work Injury Frequently Asked Questions
### Can My Employer Force Me To See Their Clinic After A Work Injury?
No. Wisconsin Statute [§ 102.42](https://docs.legis.wisconsin.gov/statutes/statutes/102/42) allows the employer to send you to a clinic for the initial visit, but you do not have to continue your treatment there. You may immediately select your own doctor, and the insurance company must cover that care if it is reasonable and necessary. Many injured workers think the employer controls their medical decisions. The law firmly gives that control to the worker.
### How Many Doctors Can I Choose Under The Wisconsin Worker’s Compensation Law?
You may choose two treating doctors without approval from the insurer. Each treating doctor may refer you to specialists, and those referrals do not count as additional choices. If you want to move to a third doctor, you must request approval. We help clients communicate these requests properly so they do not risk losing benefits.
### Does The Insurance Company Have To Pay For My Chosen Doctor
Yes. Wisconsin law requires insurers to pay for reasonable and necessary medical care provided by the doctor you choose. Problems arise when the insurer disputes whether treatment is necessary. When that happens, we gather medical evidence, challenge improper denials, and push to restore coverage for needed care.
### What Happens If The Insurance Company Sends Me To An Independent Medical Exam
You must attend the exam, but the IME doctor does not control your treatment. IME reports often attempt to limit benefits or reduce work restrictions. We closely review these reports and challenge inaccurate conclusions. Your treating doctor’s opinion usually carries more weight, and we defend that opinion through the legal process.
### Can Choosing The Wrong Doctor Hurt My Case?
Yes. Some providers undercut claims by minimizing injuries, pushing premature return to work,
or ignoring long-term symptoms. Because your doctor’s reports are central to your benefits, choosing someone who listens, documents thoroughly, and understands work injuries is critical. We help clients select strong medical providers who support appropriate treatment and accurate disability ratings.
## Call Gillick, Wicht, Gillick & Graf For A Free Consultation
If you were injured at work and want to protect your right to choose your own doctor, our team at Gillick, Wicht, Gillick & Graf is ready to stand with you. We protect injured workers from insurance overreach and ensure you receive the medical care and benefits you deserve.
Contact our [Milwaukee worker’s compensation attorneys](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf by calling [414-257-2667](tel:14142572667) to [receive a free consultation](https://www.gillickwicht.com/Contact.shtml). Our office is located in Milwaukee, and we proudly represent injured workers throughout all of Wisconsin. Let us fight for your rights and guide you through every step of your Wisconsin Workers’ Compensation claim.
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**Categories:** Worker’s Compensation Attorneys
---
### [Employer's Responsibilities Under Wisconsin Worker's Compensation Law](https://www.gillickwicht.com/employers-responsibilities-under-wisconsin-workers-compensation-law/)
**Published:** December 29, 2025
**Author:** admin
**Content:**
When an employee is injured on the job, Wisconsin law places clear obligations on employers, and those obligations are not optional. We help injured workers across the state every day, and we see how quickly problems arise when employers fail to follow the law. Wisconsin Worker’s Compensation law is designed to provide fast medical care, wage loss benefits, and disability payments without requiring injured employees to file lawsuits. For the system to work fairly, employers must follow strict statutory duties. Many workers do not realize that employers can face penalties for failing to comply, and many employers do not fully understand what the law demands. Understanding these responsibilities protects both employee rights and the integrity of the claim.
## Maintaining Insurance Coverage
Under Wisconsin Statutes § 102.28, nearly every employer in the state must maintain valid Worker’s Compensation insurance. The law requires coverage for most full-time, part-time, and seasonal workers. An employer who fails to carry insurance can face significant penalties, including fines and personal liability for all benefits owed. As attorneys representing injured workers, we often identify coverage gaps that employers try to hide. We confirm whether insurance exists and hold employers accountable when they fail to meet this basic responsibility.
## Reporting Work Injuries
Employers are required by law to report workplace injuries promptly. Wisconsin Statutes [§ 102.03](https://docs.legis.wisconsin.gov/statutes/statutes/102/03#:~:text=102.03%20Conditions%20of%20liability.,where%20the%20following%20conditions%20concur%3A&text=(a)%20Where%20the%20employee%20sustains,the%20provisions%20of%20this%20chapter.) and [§ 102.22](https://docs.legis.wisconsin.gov/statutes/statutes/102/22) require employers to file the First Report of Injury with their insurance carrier and the Worker’s Compensation Division. Delays in reporting can disrupt medical care and wage replacement benefits. The law allows penalties when an employer intentionally delays or refuses to file required reports. When we represent workers, we verify that the report has been filed and take action if the employer fails to meet this duty.
## Providing Medical Treatment And Access To Care
Wisconsin Statutes [§ 102.42](https://docs.legis.wisconsin.gov/statutes/statutes/102/42) requires employers and insurance carriers to provide all reasonable and necessary medical treatment for work-related injuries. Wisconsin allows injured workers to choose their treating doctor, and employers cannot interfere with that right. We often see employers attempt to steer employees to certain clinics or deny treatment to reduce costs. These practices violate the law. We enforce the employee’s right to proper medical care and stop any attempt to limit or delay treatment.
## Protecting Employees From Retaliation
Wisconsin Statutes [§ 102.35](https://docs.legis.wisconsin.gov/statutes/statutes/102/35) prohibits employers from firing, disciplining, or discriminating against an employee for filing a Worker’s Compensation claim. Retaliation claims carry serious consequences, including back pay and fines. We take retaliation allegations seriously because we know how much pressure some workers face after reporting an injury. When an employer violates this section, we pursue every remedy available to protect the injured worker.
## Paying Wage Loss And Disability Benefits
Employers must ensure that insurance carriers begin temporary disability payments promptly upon an employee’s injury-related absence from work. Under Wisconsin Statutes [§ 102.43](https://docs.legis.wisconsin.gov/statutes/statutes/102/43), injured workers are entitled to wage-loss payments after a waiting period, and employers may not obstruct or delay this process. We regularly investigate delays, verify lost wage calculations, and demand immediate payment when violations occur.
## Frequently Asked Questions
### What Responsibilities Does My Employer Have After I Report A Work Injury?
Your employer must immediately report the injury to its Worker’s Compensation insurance carrier and file the First Report of Injury. The employer must not delay or interfere with the claim. The law requires cooperation with medical evaluations, wage documentation, and insurance communications. If an employer stalls the process, benefits may be delayed, and the employer may face penalties. We hold employers accountable when they ignore these responsibilities.
### Can My Employer Choose My Doctor For A Work-Related Injury?
No. Wisconsin law gives you the right to choose your treating physician. Under Wisconsin Statutes § 102.42, employers cannot force you to see a specific clinic or restrict your ability to receive treatment from the doctor you trust. Some employers try to pressure workers into using employer-friendly doctors, which can limit treatment options. When that happens, we step in and enforce your right to independent medical care.
### What Happens If My Employer Does Not Have Worker’s Compensation Insurance
If your employer lacks required insurance, Wisconsin may impose significant fines and hold the employer personally liable for your benefits. The state may also pursue criminal penalties in extreme cases. You are still entitled to medical care, wage loss benefits, and disability payments. We help injured workers file claims with the Uninsured Employers Fund when appropriate and pursue direct liability against uninsured employers.
### Can My Employer Fire Me For Filing A Worker’s Compensation Claim?
No. Wisconsin Statutes § 102.35 makes it illegal for employers to retaliate against employees who file legitimate claims. Retaliation includes firing, reducing hours, demoting, harassing, or threatening the worker. If retaliation occurs, the employer may be ordered to pay back wages, reinstate the worker, or cover additional damages. We aggressively pursue retaliation cases to protect our clients and deter unlawful actions by employers.
### What Benefits Should My Employer Ensure I Receive After An Injury?
Your employer must ensure the insurance carrier provides medical treatment, temporary disability payments, permanent disability benefits, mileage reimbursement, and vocational rehabilitation when required. Under Wisconsin Statutes § 102.43, wage loss payments must begin promptly once you are medically restricted from working. If payments are delayed or calculated incorrectly, we intervene to correct the issue and secure the full benefits you are owed.
### How Can An Attorney Protect My Rights During A Worker’s Compensation Claim?
We make sure the employer meets every legal obligation. If your employer delays reporting, interferes with medical care, disputes your restrictions, or retaliates, we take action quickly. We gather medical evidence, track missed payments, challenge denials, and hold employers accountable under Wisconsin law. Our involvement helps injured workers avoid unnecessary delays and ensures full compliance with statutory protections.
## Call Gillick, Wicht, Gillick & Graf For A Free Consultation
If your employer failed to follow Wisconsin Worker’s Compensation laws or if you are facing delays, denials, or retaliation, our attorneys at Gillick, Wicht, Gillick & Graf are ready to fight for you. We are committed to enforcing every right the law provides to injured workers.
Contact our [Milwaukee worker’s compensation lawyers](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf by calling [414-257-2667](tel:14142572667) to [receive a free consultation](https://www.gillickwicht.com/Contact.shtml). With offices in Milwaukee, we proudly represent injured workers across all of Wisconsin. Let us protect your claim and secure the full benefits you deserve.
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**Categories:** Worker’s Compensation Lawyers
---
### [Can You Be Fired For Filing A Workers’ Compensation Claim In Wisconsin?](https://www.gillickwicht.com/can-you-be-fired-for-filing-a-workers-compensation-claim-in-wisconsin/)
**Published:** December 16, 2025
**Author:** admin
**Content:**
At Gillick, Wicht, Gillick & Graf, we have spent decades standing up for injured workers across Wisconsin who are treated unfairly after suffering job-related injuries. One of the most common concerns we hear is simple but serious: *“Can my employer fire me for filing a Worker’s Compensation claim?”* The truth is that Wisconsin law provides strong protections for employees who exercise their right to seek benefits after an injury. Unfortunately, some employers still retaliate against workers for doing so. When that happens, it is not only unethical—it is illegal.
## Wisconsin Law Protects Workers Who File Claims
Under [Wisconsin Statutes § 102.35(3)](https://docs.legis.wisconsin.gov/statutes/statutes/102/35/3), it is unlawful for an employer to discharge or threaten to discharge an employee because that worker has filed, or intends to file, a Worker’s Compensation claim. This provision is part of Wisconsin’s long-standing commitment to ensuring that injured employees can access benefits without fear of retaliation.
The law recognizes that workers should not be forced to choose between their livelihood and their health. Whether you report a work injury, cooperate in an investigation, or file a formal claim, your employer cannot legally punish you for exercising those rights. If they do, you may be entitled to reinstatement, back pay, and other remedies.
## What Constitutes Retaliation Under Wisconsin Law
Employer retaliation can take many forms. Some are obvious, such as being fired immediately after filing a claim. Others are more subtle but equally unlawful. Examples include:
- Cutting your hours after reporting an injury
- Reassigning you to undesirable duties or shifts
- Demoting or isolating you at work
- Threatening to fire or discipline you for “causing problems”
- Giving false negative performance reviews after your claim
Under [Wis. Stat. § 102.35(3)](https://docs.legis.wisconsin.gov/statutes/statutes/102/35/3), it is not necessary to prove that retaliation was the *only* reason for your firing or mistreatment—only that it was a *substantial factor*. We gather documents, witness statements, and employment records to show patterns of retaliation and protect your rights.
## Your Right To Worker’s Compensation Benefits
Filing a claim does not make you an adversary of your employer. The Worker’s Compensation system exists to protect both parties. Under Wisconsin Statutes Chapter 102, injured workers are entitled to benefits such as:
- Medical treatment for work-related injuries
- Temporary or permanent disability payments
- Vocational rehabilitation if you cannot return to your previous job
- Compensation for loss of earning capacity
Employers are required by law to carry Worker’s Compensation insurance, and these benefits are designed to be paid without proving employer fault. When employers retaliate against workers who use the system as intended, they violate public policy and risk significant penalties.
## What To Do If You Are Fired After Filing A Claim
If you believe your termination was connected to your Worker’s Compensation claim, it is critical to act quickly. Wisconsin law allows you to file a retaliation claim with the Wisconsin Department of Workforce Development (DWD). You must prove that:
1. You engaged in a protected activity (such as filing a claim).
2. You suffered an adverse employment action (like being fired or demoted).
3. There is a connection between your protected activity and the employer’s action.
As your attorneys, we take immediate steps to secure evidence and pursue your claim through the DWD and, if necessary, the courts. Employers who retaliate can be required to reinstate your employment, pay lost wages, and cover your legal costs.
## Worker’s Compensation Frequently Asked Questions
### Can My Employer Legally Fire Me While I Am On Worker’s Compensation?
An employer can terminate your employment for legitimate business reasons unrelated to your claim, such as company downsizing or misconduct. However, they cannot legally fire you *because* you filed for Worker’s Compensation or were injured on the job. If retaliation played any role, the firing may be unlawful.
### What If My Employer Claims My Termination Had Nothing To Do With My Injury?
Employers often try to disguise retaliation by citing performance issues or other pretexts. We review employment records, timing, and communications to uncover inconsistencies. If your firing occurred soon after your claim, it raises serious red flags.
### How Long Do I Have To File A Retaliation Complaint In Wisconsin?
Under Wis. Stat. § 102.35(3), complaints must be filed with the Department of Workforce Development within 30 days of the adverse action. Acting quickly gives you the best chance of proving your case and protecting your rights.
### What Compensation Can I Recover If My Employer Retaliated Against Me?
You may be entitled to reinstatement, back pay, compensation for lost benefits, and other damages. In some cases, additional penalties may be assessed against the employer for violating Wisconsin’s Worker’s Compensation laws.
### Does Filing A Retaliation Claim Affect My Worker’s Compensation Benefits?
No. You are still entitled to medical care and disability benefits under your existing Worker’s Compensation claim. The retaliation claim is a separate legal action designed to hold your employer accountable for violating your rights.
### Can My Employer Pressure Me To Drop My Claim Or Return To Work Early?
Employers cannot legally coerce you into abandoning your claim or returning before your doctor releases you. Any such pressure should be documented immediately. We often use these communications to demonstrate retaliatory intent.
### Do I Need An Attorney For A Retaliation Claim?
Yes. These cases involve complex legal standards and strict deadlines. An experienced Workers’ Compensation attorney can gather the right evidence, communicate with the DWD, and fight for your reinstatement and compensation.
## Call Gillick, Wicht, Gillick & Graf Today For A Free Consultation
At Gillick, Wicht, Gillick & Graf, we protect injured workers from unfair treatment and retaliation. Our attorneys understand how intimidating it can feel to challenge your employer—but the law is on your side. If you believe you were fired, demoted, or harassed for filing a Worker’s Compensation claim, contact us immediately.
Contact our [Milwaukee workers’ compensation lawyers](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf by calling [414-257-2667](tel:14142572667) to [receive a free consultation](https://www.gillickwicht.com/Contact.shtml). With offices in Milwaukee and representing workers across Wisconsin, our team is ready to defend your rights and fight for the justice you deserve.
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**Categories:** Worker's Compensation Claim Attorney
---
### [The Most Common Workplace Injuries Covered By Wisconsin Worker's Compensation](https://www.gillickwicht.com/the-most-common-workplace-injuries-covered-by-wisconsin-workers-compensation/)
**Published:** December 1, 2025
**Author:** admin
**Content:**
At Gillick, Wicht, Gillick & Graf, we have dedicated decades to protecting injured workers across Wisconsin. We understand that an accident at work can upend your life—threatening your income, health, and future. Wisconsin’s Worker’s Compensation Law ([Wis. Stat. §102.01](https://docs.legis.wisconsin.gov/statutes/statutes/102/01)) was designed to provide financial protection for employees injured on the job, but obtaining those benefits is not always simple. Employers and insurers often contest claims, delay payments, or deny coverage altogether. Our goal is to help injured workers understand their rights, avoid costly mistakes, and secure the compensation they deserve.
## Understanding Wisconsin Worker’s Compensation Coverage
Wisconsin Worker’s Compensation provides benefits to nearly every employee in the state. The law covers injuries and illnesses that arise out of and in the course of employment. Whether you work in construction, manufacturing, healthcare, or an office setting, your employer must carry insurance that covers medical bills, lost wages, and permanent disability when you are hurt at work.
Under [Wis. Stat. §102.03](https://docs.legis.wisconsin.gov/statutes/statutes/102/03), three basic requirements must be met for an injury to be compensable:
- The injury must occur while performing job-related duties.
- The employment relationship must exist at the time of injury.
- The injury must arise from an activity benefiting the employer.
Common workplace injuries range from sudden accidents to cumulative trauma caused by repetitive stress. Below are some of the most frequently seen injuries that qualify for Wisconsin Worker’s Compensation benefits.
## Common Workplace Injuries Covered Under Wisconsin Law
### 1. Slip, Trip, And Fall Accidents
Slips, trips, and falls are among the leading causes of injury claims in Wisconsin. Workers often suffer sprains, fractures, or head injuries after falling on wet floors, icy walkways, or uneven surfaces. These injuries are typically covered under [Wis. Stat. §102.03(1)(c)](https://docs.legis.wisconsin.gov/statutes/statutes/102/03/1/c), which recognizes that injuries sustained in the course of employment are compensable.
### 2. Repetitive Motion And Overexertion Injuries
Many employees suffer from repetitive stress injuries caused by constant motion—such as lifting, typing, or assembly work. Carpal tunnel syndrome, tendonitis, and chronic back strain often develop gradually but are fully compensable under Wisconsin law. Wisconsin law defines these as “occupational diseases” meaning they are covered if caused by the conditions of employment.
### 3. Machinery And Equipment Accidents
Workers in manufacturing and construction face risks from heavy machinery. Crushing injuries, amputations, and severe lacerations occur when safety equipment fails or when workers are pressured to meet unreasonable production quotas. These injuries are typically compensable, and victims may qualify for temporary total disability and permanent partial disability benefits.
### 4. Vehicle-Related Accidents
Employees who drive as part of their job—such as delivery drivers, truck operators, and service technicians—are covered if injured in a vehicle accident while performing work duties. Wisconsin courts consistently hold that motor vehicle collisions arising out of employment fall under the protection of [Wis. Stat. §102.03(1)(e)](https://docs.legis.wisconsin.gov/statutes/statutes/102/03).
### 5. Burns And Electrical Injuries
Burns from hot surfaces, chemicals, or electrical exposure can cause serious, long-term damage. Wisconsin Worker’s Compensation covers not only immediate medical treatment but also reconstructive surgeries and rehabilitation.
### 6. Workplace Violence And Mental Stress Injuries
In some cases, psychological injuries or trauma resulting from workplace violence or extraordinary stress may qualify for benefits. These cases require strong evidence linking the mental injury to employment, but they are recognized under Wisconsin case law and administrative rulings.
## Why Legal Representation Matters
Although Wisconsin’s Worker’s Compensation system was designed to protect employees, many claims are challenged or undervalued by insurance carriers. Employers may dispute whether an injury is work-related or argue that it was preexisting. At Gillick, Wicht, Gillick & Graf, we step in to handle these disputes. Our attorneys ensure that medical evidence is properly documented, deadlines are met, and your rights are protected from day one.
When an insurance company refuses to pay fair benefits, we are prepared to take your case before the Wisconsin Department of Workforce Development (DWD) or the Office of Worker’s Compensation Hearings. We know how to present medical evidence, cross-examine witnesses, and demonstrate the connection between your work duties and your injuries.
## Wisconsin Worker’s Compensation Frequently Asked Questions
### What Types Of Benefits Can I Receive Under Wisconsin Worker’s Compensation?
You may be entitled to several types of benefits, including full medical coverage, wage replacement for lost income (temporary total or partial disability), permanent disability payments, and vocational rehabilitation. The specific benefits depend on the extent of your injury and how long you are unable to work.
### Do I Need To Prove My Employer Was At Fault To Receive Compensation?
No. Wisconsin Worker’s Compensation operates as a no-fault system. This means you are eligible for benefits regardless of who caused the accident. The only exceptions involve intentional self-inflicted injuries or intoxication at the time of the incident.
### How Long Do I Have To Report A Workplace Injury In Wisconsin?
You should report the injury to your employer as soon as possible. Under Wis. Stat. §102.12, you generally have two years from the date of injury—or from when you discovered the injury—to file a formal claim. Prompt reporting helps protect your right to benefits.
### What If My Employer Or Their Insurance Company Denies My Claim?
If your claim is denied, you have the right to appeal through the Wisconsin Department of Workforce Development. We represent clients throughout this process, gathering medical evidence, filing necessary petitions, and arguing your case before the administrative law judge.
### Can I Choose My Own Doctor After A Workplace Injury?
Yes. Wisconsin law allows injured employees to choose their treating physician. You are also entitled to seek a second opinion from another qualified doctor. Your employer cannot force you to see a company-selected doctor exclusively.
### What Should I Do If My Injury Prevents Me From Returning To My Old Job?
If you cannot return to your previous position, you may qualify for vocational rehabilitation benefits, which help you retrain for a new job. These benefits are intended to get you back into the workforce with minimal financial hardship.
## Call Gillick, Wicht, Gillick & Graf Today
At Gillick, Wicht, Gillick & Graf, we have fought for the rights of injured workers across Wisconsin for over 70 years. Our attorneys know the tactics insurance companies use and how to counter them effectively. If you were injured on the job and need help securing full benefits under Wisconsin Worker’s Compensation law, contact our [Milwaukee worker’s compensation attorneys](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf by calling [414-257-2667](tel:14142572667) to [receive a free consultation](https://www.gillickwicht.com/Contact.shtml). We have offices in Milwaukee and represent clients throughout Wisconsin, standing up for workers who deserve fair treatment, full medical coverage, and the benefits guaranteed by law.
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**Categories:** Worker’s Compensation Attorneys
---
### [What To Do If Your Wisconsin Employer Denies Your Work Injury Happened On The Job](https://www.gillickwicht.com/what-to-do-if-your-wisconsin-employer-denies-your-work-injury-happened-on-the-job/)
**Published:** November 18, 2025
**Author:** admin
**Content:**
As [Milwaukee worker’s compensation attorneys](https://www.gillickwicht.com/), we know how frustrating and overwhelming it can feel when an employer denies that an injury occurred at work. Wisconsin law provides protections for injured employees, but when an employer disputes the claim, the process becomes more complex. Under [Wisconsin Statutes Chapter 102](https://docs.legis.wisconsin.gov/statutes/statutes/102), worker’s compensation covers medical expenses, lost wages, and disability benefits for job-related injuries. Yet, employers and insurance carriers may argue that an injury happened outside of work or is unrelated to job duties. These disputes often delay or jeopardize the benefits that injured workers need to recover.
When an employer denies a claim, the worker is not left without options. The Wisconsin Worker’s Compensation Act outlines a process to challenge denials and present evidence that the injury was job-related. Our role as attorneys is to ensure that workers understand their rights, gather the necessary medical and workplace documentation, and pursue benefits aggressively when an employer or insurer attempts to avoid their responsibilities.
## Understanding Employer Denials Under Wisconsin Law
Under [Wisconsin Statutes § 102.03](https://docs.legis.wisconsin.gov/statutes/statutes/102/03), a compensable injury must arise out of and in the course of employment. Employers often dispute claims by arguing that the injury occurred off-site, during a personal activity, or was pre-existing. For example, if a worker develops back pain, an employer might argue it was caused by prior medical conditions rather than workplace lifting duties.
Employers and their insurance carriers are required to report injuries and submit claims to the Wisconsin Department of Workforce Development (DWD). However, if they deny liability, the worker may request a formal hearing before the Wisconsin Worker’s Compensation Division.
## Steps To Take After A Denial
When an employer denies a claim, immediate action is critical:
- Seek Medical Documentation – Medical records linking the injury to work duties are essential. Under [Wisconsin Statutes § 102.42](https://docs.legis.wisconsin.gov/statutes/statutes/102/42), employers are liable for medical treatment that is reasonable and necessary if the injury is work-related.
- File an Application For Hearing – The injured worker can file an application with the DWD to have the case heard by an Administrative Law Judge. This begins the process of proving that the injury qualifies under worker’s compensation law.
- Gather Witness Statements and Evidence – Co-workers, supervisors, and workplace incident reports can support the claim that the injury occurred on the job.
- Consult An Attorney – Worker’s compensation attorneys can build the legal case, present evidence, and cross-examine employer or insurance witnesses.
## Proving A Work Injury At Hearing
At a hearing, the Administrative Law Judge will evaluate whether the injury arose out of employment. The judge will consider medical testimony, workplace conditions, and evidence of job duties. Under [Wisconsin Statute § 102.17](https://docs.legis.wisconsin.gov/statutes/statutes/102/17), both sides present evidence, and the judge makes findings of fact. If successful, the worker could be entitled to compensation, including temporary total disability, permanent partial disability, medical expenses, and vocational rehabilitation benefits.
## Why Legal Representation Matters
Employers and insurers often have attorneys and medical professionals on their side. Without representation, workers risk losing benefits they are legally entitled to receive. Our law firm fights to ensure that workers are not intimidated by employers who deny responsibility. By carefully preparing evidence and presenting a strong case, we work to secure the benefits injured workers deserve.
## Frequently Asked Questions About Employer Denials Of Work Injuries In Wisconsin
### What Happens If An Employer Denies A Work Injury Claim?
If an employer denies a claim, the injured worker can file an application for hearing with the Wisconsin Department of Workforce Development. The case is then set for a hearing in front of an Administrative Law Judge, who decides whether the injury qualifies under Wisconsin Worker’s Compensation law.
### Can A Pre-Existing Condition Disqualify A Worker From Benefits?
Not necessarily. Under Wis. Stat. § 102.03(1)(f), aggravation of a pre-existing condition caused by work duties is compensable. If job activities made the condition worse, the worker may still qualify for benefits.
### How Important Are Medical Records In Proving A Claim?
Medical records are crucial. Wisconsin law requires proof that medical treatment is necessary and directly related to the work injury. Physicians’ testimony often becomes central evidence in contested cases.
### What Benefits Can Be Recovered If The Claim Is Approved?
Benefits may include temporary total disability (wage replacement during recovery), permanent disability compensation, medical treatment, vocational rehabilitation, and in some cases, loss of earning capacity under Wis. Stat. § 102.44.
### Can An Employer Retaliate Against An Employee For Filing A Claim?
No. Under Wis. Stat. § 102.35(3), it is unlawful for an employer to fire or discriminate against a worker for pursuing a worker’s compensation claim. Workers who face retaliation may be entitled to reinstatement and additional compensation.
### What If The Insurance Company, Not The Employer, Denies The Claim?
The process is the same. The denial can be challenged through a formal hearing before the Worker’s Compensation Division, and both the employer and insurer may be held liable if the injury is found compensable.
### Do Workers Need An Attorney To Challenge A Denial?
While not legally required, having an attorney greatly increases the chances of success. Attorneys understand Wisconsin worker’s compensation statutes, gather the right evidence, and present a compelling case against employers and insurers.
### How Long Does The Wisconsin Worker’s Compensation Appeal Process Take?
The length of the process varies depending on the complexity of the case and the scheduling of hearings before the Department of Workforce Development. Some disputes can be resolved in a few months, while others—especially those involving extensive medical testimony—may take a year or longer. During this time, the worker should continue to follow medical treatment plans and gather supporting evidence to strengthen the case.
### What If The Injury Was Not Reported Immediately To The Employer?
Wisconsin law requires workers to give notice of an injury as soon as possible, ideally within 30 days. However, under Wis. Stat. § 102.12, a failure to provide immediate notice does not automatically bar a claim if the employer was not prejudiced by the delay. This means a worker may still pursue benefits if there is medical evidence and witness testimony linking the injury to the workplace.
## Call Gillick, Wicht, Gillick & Graf For A Free Consultation
At Gillick, Wicht, Gillick & Graf, we fight for injured workers when employers and insurers deny claims. Our Milwaukee-based attorneys know the tactics employers use and how to counter them with strong legal arguments and evidence.
Contact our [Milwaukee worker’s comp attorneys](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf by calling [414-257-2667](tel:14142572667) to [receive a free consultation](https://www.gillickwicht.com/Contact.shtml). With offices in Milwaukee, we represent injured workers throughout the entire state of Wisconsin.
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**Categories:** Worker’s Comp Attorneys
---
### [What To Expect At A Wisconsin Workers’ Compensation Hearing](https://www.gillickwicht.com/what-to-expect-at-a-wisconsin-workers-compensation-hearing/)
**Published:** November 3, 2025
**Author:** admin
**Content:**
As [Milwaukee Worker’s Compensation attorneys](https://www.gillickwicht.com/), we know how stressful it can be for injured employees to prepare for a hearing. When a claim is disputed, the hearing before an [Administrative Law Judge](https://doa.wi.gov/Pages/LicensesHearings/DHAALJ.aspx) (ALJ) of the Wisconsin Department of Workforce Development (DWD) is often the turning point in the case. This hearing determines whether benefits such as medical treatment, wage loss, and disability compensation will be awarded under [Wisconsin Statutes Chapter 102](https://docs.legis.wisconsin.gov/statutes/statutes/102). For many injured workers, this process can feel overwhelming, but understanding what to expect makes a significant difference.
At a Wisconsin Worker’s Compensation hearing, the goal is to present evidence and testimony so the judge can decide the disputed issues. Employers and insurance companies often appear with attorneys, making it critical that injured workers have strong representation as well. The judge is not an advocate for either side but instead a neutral decision-maker. Because the outcome affects financial security and access to medical care, thorough preparation is essential.
## The Role Of The Administrative Law Judge
The ALJ assigned by the DWD conducts the hearing under [Wisconsin Statute § 102.17](https://docs.legis.wisconsin.gov/statutes/statutes/102/17). The judge listens to evidence from both sides, reviews medical records, considers testimony from doctors, and evaluates the credibility of witnesses. The ALJ then issues a written decision that is binding unless appealed. This means the hearing is the worker’s opportunity to ensure that the evidence supporting the claim is fully presented.
## Evidence Presented At The Hearing
Both sides present evidence at the hearing. This may include:
- Medical records and physician opinions
- Testimony from the injured worker regarding how the injury occurred and how it affects daily life
- Witnesses such as co-workers or supervisors
- Reports from independent medical examinations (IMEs) arranged by the insurance company
Under [Wisconsin Statute § 102.13](https://docs.legis.wisconsin.gov/statutes/statutes/102/13), medical reports and opinions carry significant weight, but the judge also considers credibility and consistency of the worker’s testimony. Ensuring that the record clearly shows the connection between the workplace accident and the injury is critical.
## Issues Commonly Decided
The ALJ may rule on several key issues, including:
- Whether the injury arose out of and in the course of employment under [Wisconsin Statute § 102.03](https://docs.legis.wisconsin.gov/statutes/statutes/102/03)
- The extent of temporary or permanent disability
- The amount of wage loss benefits due under [Wisconsin Statute § 102.43](https://docs.legis.wisconsin.gov/statutes/statutes/102/43)
- Responsibility for medical expenses under [Wisconsin Statute § 102.42](https://docs.legis.wisconsin.gov/statutes/statutes/102/42#:~:text=If%20an%20employee%20who%20has,a%20result%20of%20that%20treatment.)
- Whether vocational rehabilitation benefits are appropriate
Each of these issues can determine the level of financial and medical support available to the worker moving forward.
## Conduct Of The Hearing
Hearings are typically less formal than court trials but follow a structured process. Testimony is under oath, attorneys question witnesses, and evidence is entered into the record. The ALJ ensures the process is fair but does not assist either side in presenting the case. A court reporter records all testimony. After the hearing, the ALJ reviews the evidence and issues a decision, which may take weeks. Appeals from the ALJ’s decision go to the Wisconsin Labor and Industry Review Commission under [Wisconsin Statute § 102.18](https://docs.legis.wisconsin.gov/statutes/statutes/102/18).
## Why Legal Representation Matters
Employers and insurers often contest claims aggressively, bringing attorneys and medical experts to hearings. Having representation ensures that the injured worker’s rights under Wisconsin Worker’s Compensation law are protected. A lawyer ensures that evidence is presented effectively, medical testimony is interpreted correctly, and the judge hears a compelling case for benefits. Without representation, workers risk being outmaneuvered in a process that has significant legal and financial consequences.
## Frequently Asked Questions About Wisconsin Worker’s Compensation Hearings
### What Happens If The Insurance Company Disputes The Claim?
If the insurance company disputes liability or the extent of the injury, the case proceeds to a hearing before an Administrative Law Judge. Both sides present evidence, and the judge decides whether benefits are owed under Wis. Stat. Chapter 102.
### How Long Does It Take To Receive A Decision After The Hearing?
After the hearing, the judge issues a written decision. This can take several weeks, depending on the complexity of the case and the amount of evidence submitted. The decision is mailed to both parties and becomes binding unless appealed.
### Can Medical Records Alone Prove A Claim?
Medical records are important evidence, but the judge also considers testimony from the injured worker, witnesses, and doctors. Under Wis. Stat. § 102.17, credibility is key, and the injured worker’s testimony about how the injury occurred can be critical.
### What If The Judge Rules Against The Worker?
If the judge denies benefits, the decision can be appealed to the Labor and Industry Review Commission under Wis. Stat. § 102.18. Further appeals may be filed with the Wisconsin Circuit Court and Court of Appeals.
### Is Testimony Required From The Injured Worker?
Yes. The injured worker typically testifies about how the accident occurred, the treatment received, and the impact on daily life and employment. Honest, consistent testimony can strengthen the case significantly.
### Can Vocational Rehabilitation Be Decided At A Hearing?
Yes. If the injury prevents the worker from returning to the same job, the judge may order vocational rehabilitation benefits under Wis. Stat. § 102.61. This can include retraining for a new career.
### Why Does The Insurance Company Request An Independent Medical Exam?
Insurers often request IMEs to challenge the treating physician’s opinion. The judge weighs both medical reports. Having an attorney ensures that weaknesses in the IME report are exposed and that the treating doctor’s testimony is emphasized.
### Are Hearings Open To The Public?
No. Worker’s Compensation hearings are private and involve only the parties, their attorneys, witnesses, and the judge. This protects the confidentiality of medical and employment records.
### What Role Does An Attorney Play In The Hearing?
An attorney gathers evidence, prepares witnesses, cross-examines the insurance company’s doctors and experts, and ensures the case is presented under the proper legal standards. Legal representation often makes the difference between success and denial.
## Call Gillick, Wicht, Gillick & Graf Today
At Gillick, Wicht, Gillick & Graf, we fight to protect the rights of injured employees in Milwaukee and across Wisconsin. We prepare every case with precision, ensuring that workers have the strongest possible chance at securing benefits during a hearing.
Contact our [Milwaukee worker’s compensation attorneys](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf by calling [414-257-2667](tel:14142572667) to [receive a free consultation](https://www.gillickwicht.com/Contact.shtml). Our office in Milwaukee proudly represents injured workers throughout the entire state of Wisconsin.
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**Categories:** Worker’s Compensation Attorneys
---
### [Examples Of Medical Work Restrictions In Worker's Comp](https://www.gillickwicht.com/examples-of-medical-work-restrictions-in-workers-comp/)
**Published:** August 28, 2023
**Author:** admin
**Content:**
Work-related accidents happen all too often in Wisconsin. Every year, thousands of workers in the state get medical care for work-related accidents or occupational illnesses. If you have medical work restrictions from your worker’s compensation claim, our [Wisconsin worker’s comp lawyers](https://www.gillickwicht.com/workers-compensation) can review your case and answer your questions.
## Overview Of Medical Work Restrictions
If you are like most employees in Wisconsin, you want to get back to work at a full salary as soon as possible. Research shows that the [longer you are away from your job](https://www.gillickwicht.com/what-you-need-to-know-about-medical-work-restrictions-and-workers-comp-in-wisconsin#:~:text=A%20work%20restriction%20caused%20by,objects%20more%20than%2020%20pounds.), the less likely you will ever return. Even if your employer is not pushing you to get back to your job, many injured parties want to return as soon as they can for the following reasons:
- Reconnect with your fellow workers
- Working gives you a purpose in life
- Put the injury in the rearview mirror
- Earn your full salary or wage
But sometimes, your work-related injuries could prevent you from returning to the same job. Your injuries could make it more challenging to do the same work you did before. However, many workers can return to work with lighter duties or medical restrictions.
### Types Of Medical Work Restrictions
A medical work restriction in a worker’s comp case modifies your job duties so you can return to work. You can have a work restriction caused by a disability or a preventive work restriction.
A work restriction due to a disability is a job modification because you cannot do specific tasks. For instance, a hand and wrist injury that weakens your grip could mean you cannot lift objects more than 10 or 15 pounds.
On the other hand, a preventative work restriction is put in place to ensure you do not hurt yourself worse. For instance, you could have numbness in your hands because of vibrating tools used in the shop. While you still may be able to use those tools, putting a preventive work restriction in place would not allow you to use them. The reason is that using these tools could lead to additional nerve damage. Some typical medical work restrictions in a worker’s comp case include:
- Not lifting objects above a certain weight
- No kneeling or squatting
- Only standing for a certain number of minutes before taking a break
- Taking additional work breaks
- Work only from a seated position
- Work from a standing position
- Not doing work that requires you to reach up or down
- Not using a specific device or machine
### Work Restrictions Need To Be Documented
A medical work restriction has to be created and approved by your doctor. Ensure your doctor’s documents or notes about the medical work restriction are kept. Making copies of these notes is helpful to document your case and condition. Share the copies with your company to show that you have a disability and need a work modification or restriction.
Critically, your doctor needs to understand what your job is and the physical demands it has. Also, your doctor must understand your physical limitations and injury. Then, your doctor can devise the appropriate medical work restrictions you need to stay safe and improve.
### What If You Are Not Ready To Return To Work?
Your doctor could say that you are ready to go back to work on light duty or with restrictions. But what if you are not ready to go back to work? You still could be in pain and unable to do even limited work.
However, if your doctor recommends returning to work, you should try, even if you are not 100% ready. Going back to work with restrictions ensures you will continue receiving your worker’s compensation benefits.
### The Employer Is Not Required To Rehire You
If you are injured at work, state law does not require that your company hires you back. It is against the law for the company to terminate you for filing for worker’s comp, but they do not have to keep that position open for you. However, if the company has suitable employment for you within your limitations, the company should offer the job to you. If your company does not bring you back into this situation, you have the right to file for compensation of wages.
If your company tries to force you back to work before you are physically ready, you should speak to a worker’s compensation attorney. Your employer could be violating your rights.
### Reduced Earnings For Part-Time Work
Your company is not required to compensate you the same as what you received before your injury if you are now working part-time. That same is true if you are on restricted or light duty. So, you could return to the job, still injured, and get compensated less than before. The good news is you could receive temporary partial disability (TPD) benefits to make up for the shortfall.
### When Should You Notify Your Employer About Your Injury?
The Department of Workforce Development (DWD) states that you should inform your employer [within 30 days of your workplace injury.](https://dwd.wisconsin.gov/dwd/publications/wc/wkc-7580.htm) If it is an occupational disease, you should provide notice within 30 days of knowing about the illness. However, if you do not give notice within 30 days, you can still give notice within two years of the date of injury or onset of the illness.
If you give notice within two years and the company was misled because of the delay in notice, you still could receive benefits. The two-year limit is not applicable if the company knew or should have known about your injury.
## Frequently Asked Questions About Medical Work Restrictions In Wisconsin
### What are medical work restrictions?
Medical work restrictions are limitations imposed on an injured worker’s job responsibilities based on their physical or mental health condition. These restrictions are determined by a licensed healthcare provider and may include limitations on lifting, standing, bending, or exposure to certain environments.
### Who determines my work restrictions?
Your treating physician is responsible for evaluating your condition and establishing your work restrictions. Employers must adhere to these restrictions to avoid exacerbating your injury. It’s important that restrictions are documented in writing and communicated to both the employer and the workers’ compensation insurer.
### What is “light duty” work?
Light duty refers to modified job tasks that align with your medical restrictions. This may involve reduced hours, limited physical activity, or reassignment to less strenuous tasks. Employers in Wisconsin are encouraged to offer light duty work whenever possible to help employees remain employed during their recovery.
### Can I refuse light-duty work?
If your employer offers a legitimate light-duty position that fits your restrictions, refusing it may impact your workers’ compensation benefits. However, if the job exceeds your medical limitations or creates undue hardship, you may challenge the assignment with medical documentation and legal support.
### What if my employer ignores my restrictions?
Employers are legally obligated to respect documented medical restrictions. If they assign tasks that violate these limits, you should report the issue to your physician, workers’ compensation insurer, and possibly the Wisconsin Department of Workforce Development (DWD). Consulting an attorney may also be necessary to protect your rights.
### How long do restrictions last?
Restrictions remain in effect until your doctor determines that you have reached maximum medical improvement (MMI) or have fully recovered. Some restrictions may be temporary, while others could be permanent, depending on the nature of the injury.
### Do restrictions affect my wage replacement benefits?
Yes, your wage replacement benefits can be affected by returning to work with reduced hours or duties. You may qualify for temporary partial disability (TPD) benefits to compensate for lost wages. If you cannot work at all, you may receive temporary total disability (TTD) benefits until you are cleared for modified or full-duty work.
### What if my employer doesn’t have light-duty work?
If no suitable light-duty positions are available, you may continue to receive wage replacement benefits until one is available or until you recover. In some cases, vocational rehabilitation services may assist you in retraining for a new role.
### Can mental health conditions lead to work restrictions?
Yes, mental health conditions such as PTSD, anxiety, or depression may result in work restrictions if they interfere with job performance. These conditions must be diagnosed and documented by a qualified provider and are treated similarly to physical limitations under Wisconsin workers’ compensation law.
## Contact Our Wisconsin Worker’s Comp Lawyers Today
Were you injured on the job recently? You could receive worker’s compensation benefits for your medical expenses and lost earnings. You could also qualify for work restrictions and light duty until you return to health. [Contact o](https://www.gillickwicht.com/Contact.shtml)[ur Wisconsin worker’s comp lawyers](https://www.gillickwicht.com/Contact.shtml) at Gillick, Wicht, Gillick & Graf for help with your case, so please call (414) 257-2667.
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**Categories:** Workers' Comp Lawyer
**Tags:** workers' comp
---
### [When To Hire A Wisconsin Worker’s Compensation Lawyer](https://www.gillickwicht.com/when-to-hire-a-wisconsin-workers-compensation-lawyer/)
**Published:** October 14, 2025
**Author:** admin
**Content:**
When you are injured on the job in Wisconsin, your world can change instantly. Medical bills may begin to pile up, your income may stop, and you may feel pressure from your employer or the insurance company to return to work before you are ready. Wisconsin Worker’s Compensation law is designed to provide injured employees with medical care, wage replacement, and other benefits. However, the system can be confusing and overwhelming to someone already dealing with pain and uncertainty. As attorneys who have represented injured workers across the state, we know how critical it is to understand your rights under Wisconsin law. Many people try to handle claims on their own, but there are key situations when hiring an attorney is essential to protect their benefits and future.
## Understanding Wisconsin Worker’s Compensation Law
Wisconsin Worker’s Compensation is governed by Chapter 102 of the Wisconsin Statutes. Under [Wis. Stat. § 102.03](https://docs.legis.wisconsin.gov/document/statutes/102.03), an employee injured in the course of employment is generally entitled to benefits regardless of fault. These benefits include payment for medical treatment, temporary total disability benefits if you are unable to work, and permanent disability benefits if your injury results in lasting impairment. Employers are required by law to carry worker’s compensation insurance, and claims are administered through the Wisconsin Department of Workforce Development (DWD).
While the law is designed to protect workers, disputes often arise about the cause of the injury, the extent of disability, or the amount of benefits owed. Insurance companies frequently hire lawyers to challenge claims, which is why having an attorney of your own can make the difference between receiving fair compensation and having your claim denied or reduced.
## When Legal Representation Becomes Necessary
There are specific circumstances where hiring a [Wisconsin worker’s compensation attorney](https://www.gillickwicht.com/) becomes essential:
### Denied Claims
If your employer or their insurance company denies that your injury is work-related or refuses to pay benefits, an attorney can file a claim on your behalf with the DWD and represent you in hearings before an Administrative Law Judge.
### Disputes Over Medical Treatment
Under [Wis. Stat. § 102.42](https://docs.legis.wisconsin.gov/document/statutes/102.42), employers are required to pay for medical treatment reasonably necessary to cure or relieve the effects of a workplace injury. Disputes often arise when insurers attempt to deny certain treatments or refuse to pay for care from your chosen doctor.
### Permanent Disability Benefits
If your injury results in a permanent disability, benefits may be paid under [Wis. Stat. § 102.44](https://docs.legis.wisconsin.gov/document/statutes/102.44). Calculating permanent partial disability or permanent total disability benefits is complicated, and insurers may undervalue your impairment rating. An attorney can ensure that the correct benefits are paid.
### Vocational Retraining
Under [Wis. Stat. § 102.61](https://docs.legis.wisconsin.gov/document/statutes/102.61), if your injury prevents you from returning to your previous employment, you may be entitled to vocational retraining benefits. These benefits provide tuition and weekly payments while you retrain for a new occupation. Employers and insurers frequently dispute eligibility, making legal representation critical.
### Retaliation Or Termination
It is unlawful under [Wis. Stat. § 102.35(3)](https://docs.legis.wisconsin.gov/document/statutes/102.35(3)) for an employer to fire or refuse to rehire an employee because they filed a worker’s compensation claim. If this occurs, an attorney can pursue additional penalties and compensation on your behalf.
## Protecting Your Rights
As attorneys, we have seen firsthand how employers and insurers may try to minimize benefits or pressure injured workers into returning to work prematurely. Wisconsin law sets strict deadlines for filing claims and appeals, and missing those deadlines can result in the loss of valuable rights. By hiring a Wisconsin Worker’s Compensation attorney early in the process, you ensure that someone is advocating for your best interests, gathering medical evidence, and presenting your case effectively before the Department of Workforce Development.
## Frequently Asked Questions About Wisconsin Worker’s Compensation
### What Benefits Am I Entitled To Under Wisconsin Worker’s Compensation?
Injured workers are entitled to medical treatment, temporary disability benefits if they cannot work, permanent disability benefits for lasting impairment, and vocational retraining in some cases. Death benefits may also be paid to surviving dependents.
### Can I Choose My Own Doctor For Treatment?
Yes. Wisconsin law allows injured employees to choose their own doctor for treatment. The employer or insurer cannot require you to see only their doctor, although they may request an independent medical examination.
### What Happens If My Claim Is Denied?
If your claim is denied, you have the right to file an application for a hearing with the Wisconsin Department of Workforce Development. An attorney can represent you during this process, present medical evidence, and argue your case before an Administrative Law Judge.
### How Are Disability Benefits Calculated?
Temporary disability benefits are generally based on two-thirds of your average weekly wage up to statutory limits. Permanent disability benefits are based on the percentage of impairment assigned by a physician and the statutory schedule of losses under Wis. Stat. § 102.52.
### Can My Employer Fire Me For Filing A Worker’s Compensation Claim?
No. Wisconsin law prohibits employers from retaliating against employees for filing a claim. If you are wrongfully terminated, you may be entitled to additional compensation and reinstatement.
### Do I Need A Lawyer For Every Worker’s Compensation Claim?
Not every claim requires legal representation. For minor injuries where the insurer pays medical bills and lost wages without dispute, you may not need an attorney. However, if your claim is denied, delayed, or involves permanent disability, legal representation is strongly recommended.
### How Long Do I Have To File A Wisconsin Worker’s Compensation Claim?
Generally, claims must be filed within six years from the date of injury or the last payment of compensation, whichever is later. Certain occupational disease claims may have different time limits.
### What Is An Independent Medical Examination?
An Independent Medical Examination (IME) is a medical evaluation requested by the employer’s insurance company. While called “independent,” these examinations are often used to dispute your treating doctor’s findings. An attorney can help challenge IME reports that undervalue your injury.
### What If My Employer Does Not Have Worker’s Compensation Insurance?
Most employers are required to carry insurance. If they do not, claims may be filed through the Wisconsin Uninsured Employers Fund. An attorney can assist with this process.
### How Much Does It Cost To Hire A Wisconsin Worker’s Compensation Attorney?
Attorney fees in worker’s compensation cases are regulated by Wis. Stat. § 102.26 and are typically limited to 20% of the amount recovered. You do not pay fees unless benefits are recovered for you.
## Call Gillick, Wicht, Gillick & Graf For Your Free Consultation
If you are struggling with a Wisconsin Worker’s Compensation claim, you do not have to face the insurance company alone. At Gillick, Wicht, Gillick & Graf, our attorneys have been standing up for injured workers in Milwaukee and throughout Wisconsin for decades. We understand the law, the tactics used by insurers, and the real-world challenges you face after a workplace injury.
Contact our [Milwaukee worker’s compensation attorneys](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf by calling [414-257-2667](tel:14142572667) to [receive a free consultation](https://www.gillickwicht.com/Contact.shtml). Our offices are located in Milwaukee, and we represent injured workers across the entire state of Wisconsin. Protect your rights and secure the benefits you deserve by contacting Gillick, Wicht, Gillick & Graf now.
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---
### [Understanding Your Rights Under Wisconsin Worker's Compensation Law](https://www.gillickwicht.com/understanding-your-rights-under-wisconsin-workers-compensation-law/)
**Published:** September 30, 2025
**Author:** admin
**Content:**
At Gillick, Wicht, Gillick & Graf, we know that suffering an injury on the job can leave you uncertain about your rights, your income, and your future. Wisconsin law has created a system designed to protect injured workers, ensuring that medical care and wage replacement are available without the need to prove fault. Still, the process of filing a claim, securing benefits, and defending those benefits when challenged can be confusing and stressful. Many injured workers face pressure from employers or insurance carriers, making it even more important to understand what the law requires. Our role as attorneys is to make sure you are fully informed and prepared to enforce your rights under [Wisconsin Worker’s Compensation law](https://dwd.wisconsin.gov/dwd/publications/wc/wkc-7317.htm).
## How Wisconsin Worker’s Compensation Works
Wisconsin Worker’s Compensation is governed primarily by Chapter 102 of the Wisconsin Statutes. Under [Wis. Stat. § 102.03](https://docs.legis.wisconsin.gov/document/statutes/102.03(2)), an injury is compensable if it arises out of and in the course of employment. This means you do not need to prove your employer was negligent—only that your injury is connected to your job.
Employers are generally required to carry Worker’s Compensation insurance under Wis. Stat. § 102.28, with few exceptions for very small employers. When an employee is injured, benefits are paid through the employer’s insurance carrier. These benefits include medical treatment, wage loss, and, when applicable, compensation for permanent disability.
## Benefits Available To Injured Workers
### Medical Expenses
Under [Wis. Stat. § 102.42](https://law.justia.com/codes/wisconsin/chapter-102/section-102-42/), injured employees are entitled to necessary medical treatment, including doctor visits, surgery, therapy, and prescription medication. Employers and insurers are responsible for payment, not the employee.
### Temporary Disability Benefits
When you are unable to work while recovering, you may qualify for Temporary Total Disability (TTD) or Temporary Partial Disability (TPD) benefits under [Wis. Stat. § 102.43](https://docs.legis.wisconsin.gov/document/statutes/102.43). These benefits provide a portion of your average weekly wage until you can return to work.
### Permanent Disability Benefits
If your injury leaves you with permanent impairment, you may be eligible for Permanent Partial Disability (PPD) or, in more severe cases, Permanent Total Disability (PTD). The value of these benefits depends on the nature and severity of the injury and is defined under Wis. Stat. § 102.44.
### Vocational Rehabilitation
When a worker cannot return to their previous job due to injury, vocational retraining and job placement services may be available through the Division of Vocational Rehabilitation.
## Legal Challenges In Wisconsin Worker’s Compensation
Disputes frequently arise over whether the injury is truly work-related, whether medical treatment is reasonable, or whether an employee can return to work. Insurance companies may attempt to deny or reduce claims. Wisconsin law allows contested cases to be heard by administrative law judges within the Department of Workforce Development’s Worker’s Compensation Division.
Employers sometimes retaliate against workers for filing claims. Under Wis. Stat. § 102.35(3), employees are protected from such retaliation, and employers who violate this provision can be held liable for damages.
## Why Legal Representation Matters
As attorneys, we have seen how complicated and intimidating the Worker’s Compensation process can be for individuals already dealing with pain and uncertainty. Strict deadlines apply to filing claims and appeals. Medical reports must be carefully documented. Insurers often bring in independent medical examiners whose opinions may limit or deny your benefits.
By working with a legal team, you gain protection against errors that could cost you benefits. You also have an advocate ensuring the insurance company complies with the law and that you receive every benefit owed under Wisconsin Worker’s Compensation.
## Frequently Asked Questions About Wisconsin Worker’s Compensation
### What Injuries Are Covered Under Wisconsin Worker’s Compensation?
Any injury or illness that arises out of and in the course of employment may be covered, including traumatic injuries, repetitive stress injuries, occupational diseases, and mental health conditions linked to the job.
### Do I Have To Prove My Employer Was At Fault For My Injury?
No. Wisconsin Worker’s Compensation is a no-fault system. You only need to show that your injury was work-related, not that your employer was negligent.
### How Long Do I Have To Report A Work Injury?
Wisconsin law requires that injuries be reported as soon as possible. While the statute of limitations under Wis. Stat. § 102.12 allows two years from the date of injury, timely reporting is critical to avoid disputes.
### Can I Choose My Own Doctor For Treatment?
Yes. Wisconsin law allows you to choose your own physician for treatment. However, the employer’s insurance carrier may require an Independent Medical Examination (IME) by a doctor of their choosing.
### What Happens If My Claim Is Denied
If a claim is denied, you may request a hearing before an administrative law judge. At the hearing, evidence will be presented, and the judge will decide whether benefits are owed.
### How Much Will I Receive In Wage Loss Benefits?
Temporary Total Disability benefits are generally two-thirds of your average weekly wage, subject to maximum limits set by law. Temporary Partial Disability benefits cover partial wage loss if you can work reduced hours.
### What If I Am Permanently Disabled?
If your injury results in permanent impairment, you may be eligible for Permanent Partial Disability or Permanent Total Disability. The compensation amount depends on the severity of your condition and your ability to work.
### Can I Be Fired For Filing A Worker’s Compensation Claim?
No. Wisconsin law protects workers from being discharged or discriminated against for filing claims under Wis. Stat. § 102.35(3). If you are retaliated against, legal remedies are available.
### What if I cannot Return To My Previous Job After My Injury?
Vocational rehabilitation may be available, including retraining for new employment. These services are designed to help injured workers re-enter the workforce.
### How Long Does The Worker’s Compensation Process Take?
The timeline varies depending on the complexity of the case and whether the claim is disputed. Some cases resolve quickly, while others may take months or longer if hearings are required.
### Do I Need An Attorney To File A Claim?
While it is possible to file a claim without an attorney, having legal representation significantly improves your chances of success, especially in disputed or complex cases.
### Are Death Benefits Available To Families Of Workers Who Die On The Job?
Yes. Under Wis. Stat. § 102.46, dependents of a worker who dies from a work-related injury may receive death benefits, including burial expenses and ongoing financial support.
## Call Gillick, Wicht, Gillick & Graf For A Free Consultation
If you or a loved one has been injured on the job in Wisconsin, you deserve to understand your rights and secure the full benefits allowed under state law. At Gillick, Wicht, Gillick & Graf, we are committed to protecting injured workers across Milwaukee and throughout Wisconsin.
Contact our [Milwaukee worker’s compensation lawyers](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf by calling [414-257-2667](tel:14142572667) to [receive a free consultation](https://www.gillickwicht.com/Contact.shtml). Our offices are located in Milwaukee, and we represent clients across the entire state. Let us stand with you and ensure that your rights under Wisconsin Worker’s Compensation law are protected.
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**Categories:** Worker's Compensation Claim Attorney
---
### [What Happens If You’re Injured On The Job While Working Remotely In Wisconsin?](https://www.gillickwicht.com/what-happens-if-youre-injured-on-the-job-while-working-remotely-in-wisconsin/)
**Published:** September 15, 2025
**Author:** admin
**Content:**
At Gillick, Wicht, Gillick & Graf, we understand that remote work has become increasingly common for Wisconsin employees. Many workers now carry out their job duties from home, and this shift has led to important questions about [Wisconsin Worker’s Compensation](https://dwd.wisconsin.gov/wc/) coverage. Injuries that occur while working remotely can create confusion regarding eligibility for benefits. If you’re injured while working from home, it’s essential to understand your rights under Wisconsin Worker’s Compensation laws and what steps you should take to protect yourself and your claim.
## Understanding Wisconsin Worker’s Compensation Law For Remote Work
Wisconsin law mandates that employers provide Worker’s Compensation insurance to employees who sustain injuries arising out of and in the course of employment. According to [Wisconsin Statute § 102.03](https://docs.legis.wisconsin.gov/statutes/statutes/102/03), an injury must occur while performing duties connected to employment to qualify for compensation.
When working remotely, the key issue becomes determining if the injury happened within the “scope of employment.” Generally, if your injury occurs while you’re performing tasks directly related to your job, even at home, you’re typically covered. However, proving the injury was work-related can become more complex in remote work situations.
## Proving Your Injury Was Work-Related
If you’re injured remotely, the burden is on you as the employee to demonstrate that your injury arose from performing your job duties. For example, if you slip and fall while walking to your home office during regular working hours, you may have a valid claim. However, if the injury happens while doing unrelated personal tasks or during non-working hours, your employer and their insurer may deny your claim.
It’s crucial to immediately document details of the injury, including:
- The exact time and location of the injury.
- Tasks you were performing when the injury occurred.
- Witnesses or evidence that supports your claim.
## Reporting Your Injury Promptly
Under Wisconsin law, you must promptly report your injury to your employer. Timely reporting helps establish the validity of your claim and preserves your eligibility for benefits. Wisconsin Statute § 102.12 sets specific timelines for reporting workplace injuries; failing to adhere to these timelines may jeopardize your benefits.
## What Benefits Can You Receive?
If your injury qualifies for Worker’s Compensation, you may be entitled to several benefits under Wisconsin law, including:
- Medical expenses (doctor visits, surgeries, medications, therapy).
- Wage replacement benefits if you miss work (temporary disability benefits).
- Compensation for permanent disability or impairment.
- Vocational rehabilitation is available if you’re unable to return to your previous job.
Our attorneys carefully evaluate each case to ensure our clients receive every benefit available under Wisconsin law.
## Frequently Asked Questions About Remote Work Injuries In Wisconsin
### Am I Covered By Worker’s Compensation While Working From Home?
Yes, Wisconsin Worker’s Compensation covers injuries that occur during remote work, provided the injury arises directly from your job duties and occurs within your employment scope and hours.
### What Should I Do Immediately After A Remote Work Injury?
Immediately report the injury to your employer, seek medical treatment, and document everything related to the injury and how it occurred. Keeping detailed records strengthens your claim.
### How Long Do I Have To Report A Remote Work Injury In Wisconsin?
Wisconsin Statute § 102.12 requires you to report workplace injuries to your employer within 30 days. Prompt notification ensures compliance with the law and protects your rights.
### Can My Employer Deny My Claim Because I Was Working Remotely?
No, your employer cannot deny your claim solely because you were working remotely. The critical factor is whether the injury occurred while performing job-related tasks during working hours.
### What If My Claim Is Denied?
If your claim is denied, you have the right to dispute the denial by filing a hearing request with the Wisconsin Department of Workforce Development. Having a knowledgeable attorney advocate for you during this process can significantly improve your chances of success.
### Can I Receive Compensation For Lost Wages While Recovering?
Yes, if your doctor determines you are unable to work temporarily due to your injury, you can receive temporary disability benefits to compensate for your lost wages until you can return to work.
### Are Employers Responsible For My Home Office Safety?
While your employer may have limited control over your home office
environment, they remain responsible under Wisconsin law for injuries that arise directly from job duties performed remotely.
## Contact Gillick, Wicht, Gillick & Graf For Your Free Consultation
If you’ve suffered an injury while working remotely in Wisconsin, you don’t need to navigate the Worker’s Compensation process alone. At Gillick, Wicht, Gillick & Graf, our experienced Milwaukee Worker’s Compensation attorneys stand ready to help you secure the benefits you’re entitled to under Wisconsin law.
We represent injured workers throughout Wisconsin, ensuring your rights are fully protected and your claim is handled with care and diligence. Contact our [Milwaukee worker’s compensation lawyers](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf by calling [414-257-2667](tel:14142572667) to [receive a free consultation](https://www.gillickwicht.com/Contact.shtml). Let our dedicated attorneys help you get back on the path to recovery and ensure you receive the compensation you deserve.
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**Categories:** Worker’s Compensation Lawyers
---
### [Can I See My Own Doctor For A Work Injury In Wisconsin?](https://www.gillickwicht.com/can-i-see-my-own-doctor-for-a-work-injury-in-wisconsin/)
**Published:** September 1, 2025
**Author:** admin
**Content:**
At Gillick, Wicht, Gillick & Graf, we frequently assist injured Wisconsin workers navigating the complexities of [Wisconsin Worker’s Compensation](https://dwd.wisconsin.gov/wc/) claims. One common concern among injured employees is whether they can choose their own doctor for treatment after a workplace injury. Your right to medical care, including choosing your healthcare provider, is a critical element in your recovery and compensation process. Wisconsin Worker’s Compensation laws provide specific guidelines governing your medical choices after an injury. Understanding these rules ensures your rights remain protected and you receive appropriate medical attention without undue interference from your employer or insurance company.
## Your Right To Choose Your Doctor In Wisconsin
Under Wisconsin Worker’s Compensation law, specifically [Wis. Stat. §102.42](https://docs.legis.wisconsin.gov/statutes/statutes/102/42), injured workers have the right to select their treating physician. Unlike some states, Wisconsin does not require you to seek initial care from a company-selected doctor or pre-approved panel. This means that if you sustain an injury at work, you may choose your primary healthcare provider or specialist for your initial treatment.
However, there are certain guidelines you must follow. If your employer participates in a managed care plan certified by the Wisconsin Department of Workforce Development, you may be required to choose a doctor within that network. You still retain significant choice within that network, allowing you to find a physician who best meets your treatment needs.
### Switching Doctors Or Seeking A Second Opinion
If you become dissatisfied with the medical care provided by your initially chosen doctor, Wisconsin law allows you to switch healthcare providers. You must provide reasonable notice to your employer or insurer, outlining your intention to change physicians. This right ensures you can seek the best possible medical treatment to facilitate your recovery.
In situations where disputes arise regarding medical care or treatment plans, you have the option to seek a second opinion. Wisconsin Worker’s Compensation regulations recognize your right to obtain additional medical evaluations. These second opinions can prove essential in disputes about your condition, treatment options, or return-to-work timeline.
### The Importance Of Medical Records
Choosing your own doctor enhances trust and communication, crucial factors in successful recovery. Your treating physician’s detailed medical records will serve as primary evidence supporting your Worker’s Compensation claim. Accurate and comprehensive documentation ensures you receive full compensation, covering medical expenses, lost wages, and potential permanent disability benefits under Wisconsin Worker’s Compensation law.
## Frequently Asked Questions About Choosing Your Doctor For A Work Injury In Wisconsin
### Do I Have To Use My Employer’s Doctor After A Work Injury?
In Wisconsin, you are not required to use your employer’s doctor. You have the right to select your physician for initial treatment according to [Wis. Stat. §102.42](https://docs.legis.wisconsin.gov/statutes/statutes/102/42). However, if your employer has a certified managed care plan, you may need to select a doctor within that network.
### Can I Change My Doctor If I’m Unhappy With My Current Care?
Yes, you can change your doctor in Wisconsin. Wisconsin Worker’s Compensation laws support your right to obtain effective medical treatment. You should inform your employer or insurer about your intent to change healthcare providers to ensure compliance with procedures outlined under Wisconsin law.
### What Should I Do If My Employer Or Insurer Denies My Doctor Choice?
If your employer or insurer improperly denies your choice of doctor, you have legal recourse. Contacting a qualified Wisconsin Worker’s Compensation attorney can help ensure your rights are upheld. An attorney can challenge wrongful denials, advocate for your medical treatment, and secure the benefits you deserve.
### Can I Get A Second Opinion Regarding My Work Injury?
Absolutely. Wisconsin law allows injured workers to seek second opinions when there is uncertainty or disagreement regarding medical diagnoses, treatments, or disability ratings. A second medical opinion can strengthen your case by providing additional medical evidence in your favor.
### Who Pays For My Medical Bills After A Work Injury?
Under Wisconsin Worker’s Compensation laws, your employer or their insurer is responsible for paying all reasonable and necessary medical expenses related to your work injury. You should not incur out-of-pocket expenses for authorized treatment. If disputes arise, an experienced attorney can ensure your medical bills are properly covered.
### What If My Doctor Recommends Treatment, But My Employer Disagrees?
When disputes arise over recommended medical treatments, the Wisconsin Department of Workforce Development (DWD) may intervene to resolve the issue. Additionally, seeking legal representation helps ensure your recommended medical care is provided without undue delay or improper denials from your employer or insurer.
### How Soon Should I See A Doctor After A Work Injury?
You should seek medical attention immediately after your injury occurs or as soon as possible thereafter. Prompt medical care ensures proper documentation of your injury and helps prevent complications. Timely treatment also strengthens your worker’s compensation claim by clearly linking your injury to your workplace incident.
## Call Gillick, Wicht, Gillick & Graf For Experienced Worker’s Compensation Representation
If you have sustained a work injury in Wisconsin, the choice of doctor significantly impacts your recovery and your legal rights. At Gillick, Wicht, Gillick & Graf, we are committed to ensuring injured workers throughout Wisconsin receive fair, respectful treatment from their employers and insurers. Our attorneys have extensive experience handling Wisconsin Worker’s Compensation cases, guiding clients through every stage of the process.
We will ensure your rights are protected, fight unfair denials, and help you receive all the benefits and compensation you’re legally entitled to. Your health and well-being matter, and receiving care from a trusted medical provider is a right you deserve under Wisconsin law.
Contact our [Milwaukee worker’s compensation lawyers](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf by calling [414-257-2667](tel:14142572667) to [receive a free consultation.](https://www.gillickwicht.com/Contact.shtml) Our Milwaukee-based attorneys proudly represent injured workers across Wisconsin, delivering personalized legal representation to secure the compensation and medical treatment you need. Let us advocate on your behalf, ensuring your recovery is prioritized, and your Worker’s Compensation rights fully protected.
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**Categories:** Worker’s Compensation Lawyers
---
### [Know the Time Limits in the Claim Process for Worker's Compensation](https://www.gillickwicht.com/know-the-time-limits-in-the-claim-process-for-workers-compensation/)
**Published:** April 8, 2020
**Author:** admin
**Content:**
## Were You Injured In The Workplace?
If so, it is normal to feel anxious, stressed out, and overwhelmed by the situation. Worker’s compensation insurance offers much-needed financial protection. You do not want to miss out on your opportunity to recover benefits.
If you fail to act before an important deadline runs out, your claim may not be allowed to go forward. Here, our [Milwaukee worker’s comp attorney](https://www.gillickwicht.com/workers-compensation "Milwaukee Workers’ Compensation Attorney") provides an overview of the time limits in the Wisconsin worker’s compensation claims process.
### Report a Workplace Injury Immediately or Within 30 Days
First and foremost, injured workers have a legal obligation to report their accident to their employer. According to the [Wisconsin Department of Workforce Development](https://dwd.wisconsin.gov/wc/workers/fileaclaim.htm), you should report your injuries to your supervisor without delay.
If you fail to report an accident within 30 days, you may not be denied worker’s comp benefits. This is one of the most important deadlines you need to know about. If you get hurt on the job, tell your employer right away. Under Wisconsin law, your company cannot punish you for reporting an accident. Also, your employer has a legal duty to notify its insurer within seven (7) days.
### File a Claim or Seek a Formal Hearing (6 Years for Traumatic Event, 12 Years for Occupational Disease)
Reporting a work injury is not the same thing as filing a claim. Ideally, your claim will be handled fairly, and benefits will be given out without much delay. In most cases, [injured Wisconsin workers receive an update on their claim within a few weeks](https://www.gillickwicht.com/how-long-does-it-take-to-get-compensation-after-a-work-injury). If you are not offered full and fair worker’s compensation benefits, you have the right to request a hearing before an Administrative Law Judge (ALJ). Under Wisconsin law ([Wis. Stat. § 102.17(4)](https://docs.legis.wisconsin.gov/statutes/statutes/102/17/4)), how long you have to request this type of hearing depends, in part, on the nature of your case. More specifically, injured workers typically have:
- Six (6) years to request a formal hearing after sustaining a ‘traumatic injury’; and
- Twelve (12) years to request a hearing for an occupational disease.
There are some exceptions. You may be able to extend the time limit in certain cases. Never assume you are prevented from bringing a claim. If you have any specific questions about the time limit that applies to your case, call an experienced work injury lawyer for guidance.
### Appeal an Adverse Decision from an Administrative Law Judge (21 Days)
Unfortunately, injured workers sometimes struggle to get access to the full and fair benefits they rightfully deserve. If the Administrative Law Judge rules against you, it is imperative that you take immediate action to protect your rights. You still have legal options available. You have a very limited amount of time to file an appeal. You must appeal to the Labor Industry Review Commission (LIRC) within 21 days after getting an unfavorable decision from an ALJ.
## Frequently Asked Questions on Wisconsin Worker’s Comp Claims
### Am I Covered by Worker’s Compensation?
Yes—over 98% of workers in Wisconsin are protected by worker’s compensation from their very first day of employment. This comprehensive coverage applies to a wide range of workers, including full-time employees, part-time workers, seasonal staff, and minors who are legally employed. However, it is important to note that there are some exceptions to this rule; specifically, domestic workers (such as nannies and housekeepers) and volunteers are not covered under [Wisconsin’s worker’s compensation laws](https://dwd.wisconsin.gov/dwd/publications/wc/wkc-7317.htm).
### What Injuries Are Covered?
Worker’s compensation in Wisconsin is designed to cover a broad spectrum of injuries and health issues that occur in the workplace. This encompasses both physical injuries, such as cuts, fractures, or sprains, as well as mental injuries, including stress-related illnesses. Coverage also includes repetitive stress injuries, which occur due to repetitive motions over time, and exposure-related illnesses caused by harmful substances in the workplace. Additionally, if you sustain an injury while traveling for work—provided that the travel is related to your job—this will also be covered under worker’s compensation.
### How Do I File a Claim?
To initiate a worker’s compensation claim, you need to report your injury to your employer as quickly as possible, ideally within 30 days of the incident. Promptly notifying your employer allows them to take the necessary steps to inform their insurance carrier, which will then begin the claims process. If for any reason you are unable to go through your employer, you have the option to file a claim directly with the Wisconsin Department of Workforce Development, an agency dedicated to assisting workers with these processes.
### Can I Choose My Own Doctor?
Absolutely. Under Wisconsin worker’s compensation law, you have the right to select any licensed healthcare provider, including physicians, chiropractors, psychologists, or other approved practitioners within the state. This means you can choose a doctor who specializes in your specific type of injury or condition. If you feel that your current provider is not meeting your needs, you are also permitted to switch to a different provider; however, it is essential to inform your employer or their insurance company about this change to avoid any complications with your claim.
### What Benefits Are Included?
Worker’s compensation provides a variety of benefits aimed at supporting injured workers. These benefits may include:
**Medical Expenses** – Coverage for necessary medical treatments, rehabilitation, and related healthcare costs incurred as a result of your injury.
**Lost Wages** – Compensation for the wages you lose while you are unable to work, typically amounting to two-thirds of your average weekly wage.
**Permanent Disability Compensation** – If your injury results in a permanent disability, you may qualify for additional compensation that takes into account the severity and long-term impact of your condition.
**Vocational Rehabilitation** – Support services that assist injured workers in re-entering the workforce, including job training and placement services.
**Death Benefits** – In the unfortunate event of a work-related fatality, dependents may receive death benefits to help support them during this difficult time.
### What If My Claim Is Denied?
If your claim is denied, the insurance company is obligated to notify you within 7 days of the decision and must inform you of your right to an appeal. You are entitled to challenge the denial and can do so through the Wisconsin Worker’s Compensation Division. This process allows you to present additional evidence or arguments in support of your claim.
### What If My Employer Doesn’t Have Insurance?
Employers in Wisconsin are legally required to carry worker’s compensation insurance to protect their employees. If you discover that your employer does not have this coverage, it is crucial to take action. You should reach out to the state’s Uninsured Employers Fund for assistance. This fund is designed to help workers who have been injured while working for employers that fail to provide the required insurance coverage, ensuring that you receive the support and benefits you are entitled to.
## Call Our Milwaukee Worker’s Compensation Lawyers for Immediate Assistance
At Gillick, Wicht, Gillick & Graf, our Wisconsin worker’s compensation attorneys are experienced, results-oriented advocates for clients. We are proud to be The Injured Worker’s Law Firm. For a no-fee, no-commitment review of your case, please [contact our law firm](https://www.gillickwicht.com/Contact.shtml) at (415) 257-2667. We represent injured workers throughout the region, including in [Milwaukee County](https://county.milwaukee.gov/), Racine County, Waukesha County, Ozaukee County, Washington County, and Kenosha County.
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**Categories:** Worker’s Comp Lawyer, Workers’ Compensation Lawyer
**Tags:** worker's compensation claim process
---
### [ How Are Worker's Comp Lawyers Paid?](https://www.gillickwicht.com/how-are-workers-comp-lawyers-paid/)
**Published:** August 22, 2023
**Author:** admin
**Content:**
Workplace injuries still happen in Wisconsin more than they should. If it happens to you, filing for worker’s compensation is an option. But if the claim is denied, you might feel at the end of the road. This is not true – you can appeal and still receive benefits, and an attorney can help make it happen. Learn more in this article about Wisconsin worker’s compensation. Then, our [Wisconsin worker’s comp lawyers](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick, & Graf can help you get started on the appeal process.
## What Is A Wisconsin Worker’s Compensation Attorney Paid?
Legal fees in Wisconsin worker’s compensation claims are set by state law. The law states that no worker’s compensation attorney representing an injured employee can charge more than a [20% contingency fee](https://docs.legis.wisconsin.gov/statutes/statutes/102/26#:~:text=Wisconsin%20Legislature%3A%20102.26&text=102.23%20Annotation%20A%20finding%20of,facts%20whether%20undisputed%20or%20not.). This means the attorney can only charge 20% of the compensation they collect for an injured worker. If the attorney’s work did not play a role in getting compensation for the injured employee, the maximum fee is $250. Make sure you review your attorney’s pay structure, however, before you agree to have them represent you.
Also, the worker’s comp judge must approve the attorney’s charges on the case. Because of this pay structure, most injured workers have little downside when hiring a worker’s compensation attorney to represent them in an appeal.
## What Benefits Can You Get In A Wisconsin Worker’s Comp Claim?
When you are off work and healing from the injury, you can get [2/3 of your gross weekly wages](https://www.gillickwicht.com/FAQs.shtml), up to a maximum amount. This is a temporary total disability benefit, but no benefits are paid for the first three days after the workplace injury. The first three days will be paid if you are off work for more than seven days.
## Do You Need To Go To The Company Doctor?
Wisconsin law allows you to choose your doctor for workplace-related injuries and treatment. But you must tell the insurance company who you chose as your treating physician. If the worker’s compensation insurance company wants to send someone to go with you to your doctor’s appointment, you should decline. You are not required to let another party accompany you to your appointments.
After healing from workplace injuries, you should cooperate fully with your employer and the insurance company. They will want you to get back to work. If the company offers a job within your doctor’s restrictions, you should make every effort to comply and do that job. If you cannot return to work with that company, the insurance company could hire someone to help you find suitable work. You can also ask the Division of Vocational Rehabilitation to help you find work.
## What Can You Do If Your Claim Is Denied?
If the worker’s compensation insurance company denies the claim or pays you less than you deserve, you can file for a hearing with the State of Wisconsin Worker’s Compensation Division. You must provide compelling medical testimony and possibly other evidence during the hearing. A worker’s comp judge will review the evidence you and the attorneys provide and decide based on that information.
It has been found that if the insurance company denies a worker’s comp claim, it hires the best attorneys available to defend it at the appeal hearing. You should hire a worker’s compensation attorney to represent you at this hearing.
## Can You Get A Worker’s Comp Settlement?
Usually, there is no lump sum settlement for a job-related injury. Temporary total disability will be paid when you miss work. Then, any permanent partial disability assessed by the doctor will be paid weekly. Your claim for future compensation and medical benefits remains open for 6 or 12 years after receiving payment, depending on the date of injury and the type of injury. So, you should be cautious about settling your claim and taking a lump sum payment. If settle your case on a full and final basis, the claim is closed forever, and you can never ask for more money.
However, a settlement could occasionally be in the injured person’s best interests. For instance, if you have a problematic claim and the judge would give you few benefits, it could be best to take a settlement from the insurance company. The settlement would be done through a compromise agreement, but if you get an offer, please have a worker’s compensation attorney review it.
## Can You Sue Your Employer?
As an injured employee in Wisconsin, you cannot sue your employer for the injury. Worker’s comp in this state is not a lawsuit. No matter how much the company is at fault for your injury, they cannot be sued. The Worker’s Compensation Act states that the employer is not just your employer but anyone else who works there.
Any co-employee you have cannot be sued for your injury, so your claim is only for worker’s comp benefits. Also, worker’s compensation in Wisconsin is no-fault insurance. This means you do not have to prove anyone, including your employer, was at fault for your injury.
However, if a third party caused your injury, you can file a lawsuit against them. A third party is not your employer or an employee who caused the accident. For example, if you are a delivery driver injured by another driver who does not work for your company, you could file a lawsuit against them. Third-party lawsuits are complex and expensive, so you should retain an experienced attorney to help you with this matter.
## How Do You Know You Got All The Benefits You Should?
The only way to be sure that you received all the worker’s compensation benefits you should is to hire an experienced attorney who knows your rights and the law. Your attorney is only concerned with your rights, not those of your employer or insurance company. You should not ask the worker’s compensation insurance company if you are entitled to more benefits. Instead, you should consult with an attorney who only represents the rights of injured workers.
## Contact Our Wisconsin Worker’s Comp Lawyers Today
Was your worker’s compensation claim denied? Do not despair. Our[ Wisconsin worker’s compensation lawyers](https://www.gillickwicht.com/Contact.shtml) at Gillick, Wicht, Gillick, & Graf may be able to get you compensation, so call (414) 257-2667. You will not pay legal fees until you are paid, and your attorney is limited to a 20% contingency fee, per state law.
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**Categories:** Worker’s Comp Attorney
---
### [Injured While Traveling For Work? What Counts As A Work-Related Injury In Wisconsin](https://www.gillickwicht.com/injured-while-traveling-for-work-what-counts-as-a-work-related-injury-in-wisconsin/)
**Published:** July 28, 2025
**Author:** admin
**Content:**
When we represent injured workers across Wisconsin, one question comes up often: what happens if you’re injured while traveling for your job? Whether you’re driving between job sites, flying out for a conference, or delivering materials for your employer, you may still be covered under [Wisconsin Worker’s Compensation law](https://dwd.wisconsin.gov/wc/workers/). The key is understanding when your injury qualifies as “work-related” under state statutes. If your employer or their insurance company is trying to deny your claim on the basis that the injury happened outside your normal workplace, it is critical that you understand your legal rights.
Under Wisconsin law, employees injured in the “course of employment” are eligible for worker’s compensation benefits. This includes injuries that occur during work-related travel. But disputes often arise over what counts as work travel and what falls outside of the scope of employment. That’s where our law firm comes in. We help injured workers prove that their injury is work-related, even when employers argue otherwise. We work to ensure our clients receive the full compensation they are entitled to under Wisconsin law.
## Understanding The Wisconsin Definition Of Work-Related Travel Injuries
Wisconsin Statutes Section [102.03(1)(c)(1)](https://docs.legis.wisconsin.gov/statutes/statutes/102/03/1/c/1) provides that an injury is compensable if it occurs while the employee is performing services growing out of and incidental to their employment. The statute also notes that travel required by the employer can qualify as a compensable work activity. If your job involves travel or if your employer sends you somewhere for business purposes, injuries suffered during that time may be covered.
However, personal detours or purely personal errands during business travel could disqualify the injury from being considered work-related. This is known as the “personal deviation” rule. If you were injured during a meal break, hotel stay, or quick stop unrelated to your work duties, coverage may be denied unless the activity was considered reasonably necessary and incidental to the work travel.
## When Injuries During Travel Are Compensable
There are many scenarios where injuries sustained while traveling for work are compensable under Wisconsin Worker’s Compensation law. Some common examples include:
- Driving between job sites
- Traveling to and from off-site meetings
- Delivering goods or products
- Attending employer-sponsored events or conferences
- Being required to stay overnight for work purposes
Even injuries occurring in a hotel room while on a business trip may be compensable if the stay was a necessary part of fulfilling your job responsibilities. The key legal test is whether the injury arose out of and in the course of your employment, per [Wis. Stat. §102.03](https://docs.legis.wisconsin.gov/statutes/statutes/102/03).
## Common Employer Arguments And How We Fight Them
Employers or their insurers may argue that you were “off the clock” or that your activity was unrelated to your job. They may claim you were engaged in a personal errand or using your own vehicle without authorization. These arguments are common, but they are not always accurate. We work with clients to gather strong evidence, including work schedules, communication records, and witness statements, to prove that the travel was part of your job responsibilities.
If your claim is denied, we can represent you at hearings before the Wisconsin Department of Workforce Development and argue that your injury meets the legal definition of a work-related injury. We are committed to making sure our clients are not wrongfully denied the benefits they need to recover.
## Why Legal Help Matters In Travel-Related Injury Claims
Work injury claims involving travel are more complex than other types of worker’s compensation cases. Insurance companies often look for reasons to deny coverage, and proving that your injury occurred in the course of employment can be challenging without proper legal representation. Our attorneys understand how to present a compelling case and apply the right legal standards to support your claim.
We also help you pursue all available benefits, including medical expenses, lost wages, vocational retraining, and permanent disability if applicable. We don’t let our clients fight these legal battles alone.
## FAQs About Work-Related Travel Injuries In Wisconsin
### What If I Was Injured While Driving My Own Car For A Work-Related Errand?
If you were using your personal vehicle to perform a task that benefits your employer, your injury may still be covered under Wisconsin Worker’s Compensation. You do not need to be in a company vehicle to qualify. The important factor is whether the activity was work-related.
### Can I Receive Benefits If I Was Hurt During A Work Trip After Hours?
Yes, if the activity was reasonably necessary to the trip—such as staying in a hotel or getting food—your injury could still be compensable. However, if you were doing something entirely personal or recreational, that may fall outside the scope of employment.
### What If My Employer Says I Was Off-Duty When I Got Hurt?
Employers and their insurers often try to claim that employees were not working at the time of injury. We look at all the facts—your work schedule, communications, and purpose of the trip—to show that your injury occurred in the course of employment.
### Do I Need A Lawyer If My Claim Is Denied?
Yes. Travel-related injury claims can be hard to prove, especially when the insurer disputes the facts. Having a lawyer can significantly improve your chances of success in getting your benefits approved.
### Is There A Deadline To File A Travel-Related Injury Claim In Wisconsin?
Yes. Under [Wis. Stat. §102.12](https://docs.legis.wisconsin.gov/statutes/statutes/102/12), you generally must report your injury within 30 days and file a claim within 2 years. Failing to do so could result in the denial of benefits, so it’s important to act quickly.
## Call Gillick, Wicht, Gillick & Graf For Help With Your Work Injury Claim
If you were hurt while traveling for work, don’t assume your injury isn’t covered. These claims can be complicated, and employers don’t always give you the full truth. At Gillick, Wicht, Gillick & Graf, we fight for injured workers across Wisconsin—and we know how to make the law work for you. Contact our [Milwaukee worker’s compensation lawyers](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf by calling [414-257-2667](tel:14142572667) to [receive a free consultation](https://www.gillickwicht.com/Contact.shtml). Our office is in Milwaukee, and we proudly represent clients throughout the entire state of Wisconsin.
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**Categories:** Worker’s Compensation Lawyer
---
### [What Does Worker's Compensation Not Cover?](https://www.gillickwicht.com/what-does-workers-compensation-not-cover/)
**Published:** April 15, 2022
**Author:** admin
**Content:**
The purpose of worker’s compensation is to cover the expenses of employees who are hurt in the course and scope of employment in exchange for a worker giving up their right to sue their employer for the harm caused while on the job. However, there are many situations that are surprisingly not covered by worker’s compensation in Wisconsin that cause many accidents and injuries to workers around the Milwaukee area every year.
At Gillick, Wicht, Gillick & Graf, our dedicated and skilled [Wisconsin worker’s compensation lawyers](https://www.gillickwicht.com/workers-compensation) are here to help you and your loved ones after a workplace accident. To learn more about your legal options after an injury, call or contact our office to schedule an evaluation of your case today.
## Accidents Not Covered by Worker’s Compensation
Generally speaking, [worker’s compensation in Wisconsin](https://dwd.wisconsin.gov/wc/) covers the cost of injuries that arise out of or occur within the course and scope of employment. In other words, an accident is covered if an employee is hurt while engaging in an activity or performing a task for the benefit of the employer. This rule is often used to determine whether an accident should be covered under worker’s compensation benefits, and some of the most common situations when an injury is excluded from coverage include the following:
### Coming and Going Rule
Travel to and from work is typically not covered by worker’s compensation, as an employee is not considered in the course of their employment when going to or returning home from work. The coming and going rule also applies if an employee leaves their worksite for lunch and an accident occurs.
Exceptions to this rule include when an employee leaves to pick up lunch ordered by the employer for their workers and accidents that occur between the employee parking lot and the building. Accidents are also covered if an employee does not have a fixed worksite, is driving a company vehicle, is traveling for business, or is performing another task for the benefit of the employer.
### Intoxication
Accidents on the job are also not covered if the employee injured was intoxicated at the time of the injury, and the intoxication contributed to the accident. Intoxication includes being under the influence of alcohol or controlled substances while at work, but a worker may still be eligible for worker’s compensation benefits if they were impaired at the time of the accident, but the impairment did not contribute to the injuries.
### Intentional Acts & Horseplay
Any injuries caused by horseplay at work are typically not covered by worker’s compensation in Wisconsin. The reasoning is that horseplay on the job does not further the course of business for the employer and therefore, should not be covered if an injury occurs. The same reasoning applies if an employee is injured by engaging in an intentional act, such as fighting, while at work.
However, a worker may still be covered by worker’s compensation if they are hurt by the horseplay or intentional act but were not directly involved in the action. For example, if two employees are engaging in horseplay and accidentally injure a third person, that third person may qualify for worker’s compensation, while any injuries that happen to the two workers horseplaying will not.
### Pre-existing Conditions & Acts of God
Worker’s compensation only covers injuries that occur while on the job, and it does not cover pre-existing conditions that are not aggravated by a work injury. This is often an issue when the injury is one that arises out of repetitive movement or occurs soon after a worker begins new employment. Similarly, injuries that occur because of “Acts of God” are also not generally covered by worker’s compensation benefits.
### Illegal Activities & Policy Violations
Employees are also not entitled to worker’s compensation benefits if they are injured on the job while engaging in illegal activity. The reasoning behind this is that illegal activities are not in the course and scope of employment, nor do they benefit the employer. Relatedly, a worker cannot collect worker’s compensation if the accident occurred while the employee was violating a company policy, procedure, or protocol.
### Independent Contractors
Lastly, it is important to note that worker’s compensation is only available to workers who are classified as employees. Independent contractors are not entitled to collect worker’s compensation benefits, even if they are hurt while in the course and scope of the job. An experienced attorney can help determine whether a worker has been misclassified as an independent contractor when they should be considered an employee and therefore eligible for worker’s compensation benefits.
**What Are Your Legal Options?**
If you or a loved one has been injured on the job but is being denied worker’s compensation benefits, it is important to know that you have legal options. The first option is to secure an experienced attorney to review the facts of the case to determine whether you should actually be entitled to worker’s compensation benefits for your injuries. An attorney can advocate for your right to compensation while you recover after an accident.
The second option is to file a personal injury claim against those responsible for the accident. Compensation for a personal injury claim differs from the benefits offered through worker’s compensation. Personal injury damages cover all economic and non-economic harm, which includes the following:
- Medical bills
- Lost wages
- Property loss
- Loss of future income and earning capacity
- Pain and suffering
- Emotional distress
- Disability
- Disfigurement
- Loss of enjoyment of life
Many people have questions about worker’s compensation in Wisconsin. To learn more about your rights, talk to an attorney at Gillick, Wicht, Gillick & Graf today.
## Contact Our Milwaukee Worker’s Compensation Attorneys
Have you or someone you know been injured on the job, or have questions about whether injuries that you suffered are covered by worker’s compensation in the Milwaukee area? If so, the experienced and knowledgeable [Wisconsin worker’s compensation attorneys](https://www.gillickwicht.com/Contact.shtml) at Gillick, Wicht, Gillick & Graf are here to help. Call the office at [414-257-2667](tel:4142572667) to speak with one of our proficient attorneys today and schedule a free, no-obligation initial consultation for your case.
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**Tags:** worker's compensation
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### [What Are The Limits On Wisconsin Worker's Compensation Settlements?](https://www.gillickwicht.com/what-are-the-limits-on-wisconsin-workers-compensation-settlements/)
**Published:** November 14, 2023
**Author:** admin
**Content:**
There are still far too many workplace accidents in Wisconsin. Every day, workers in the state suffer injuries on the job and are unsure how they will pay their bills during recovery. Wisconsin law has provisions for employees to obtain worker’s compensation for their medical bills and earnings, but there are limits on this coverage. Also, navigating the complex worker’s comp system without an attorney is challenging.
Learn about the limits on worker’s comp in Wisconsin below. If your worker’s compensation claim has been denied, speak to one of our [Wisconsin worker’s compensation attorneys](https://www.gillickwicht.com/workers-compensation) today at (414) 257-2667. At Gillick, Wicht, Gillick & Graf, we know how to obtain impressive results and give our clients peace of mind as they heal.
## What To Know About Wisconsin Worker’s Compensation System
If you’ve been hurt at work in Wisconsin, you need to know the laws that protect you and the limits. Important aspects of the state’s worker’s comp laws are:
### Worker’s Comp Wage Benefit Limits
While you recover from your injury, you may be entitled to temporary total disability benefits. However, the wage benefits only kick in for the first three days you miss work if you are off the job for more than seven days. Temporary total disability benefits are authorized if you cannot do any work while you recover from your job-related injury or illness.
Temporary total disability benefits will be paid at 2/3 of your average weekly wage up to a specific limit. As of 2020, the limit on worker’s comp payments was $1,051 weekly (110% of Wisconsin’s average wage per week). These worker’s comp benefits will continue until you return to work or a doctor determines that you have reached [maximum medical improvement](https://www.nolo.com/dictionary/maximum-medical-improvement-mmi.html) or MMI.
Furthermore, you could also receive temporary partial benefits if you can work but cannot earn the same as before. Temporary partial disability benefits are 2/3 of the difference between your pre-injury and post-injury earnings, up to the same maximum mentioned earlier.
### Most Companies Must Offer No-Fault Worker’s Comp
It is understandable if you think worker’s compensation claims are similar to personal injury claims, but they have many differences. In a personal injury lawsuit, the injured party must prove by a preponderance of the evidence that the defendant caused their injuries.
In a Wisconsin worker’s comp claim, you do not need to prove fault to receive benefits. Regardless of who was at fault, you can file for benefits if you were hurt on the job. Also, be aware that most employers must provide worker’s compensation in the state, so you are covered if injured.
### The Medical Condition Must Be Employment-Related
To qualify for Wisconsin worker’s compensation benefits, you must have a work-related injury. It must have occurred when you were at work and performing your job. However, this does not mean the incident or illness must arise in the company’s location. An off-site injury or illness is also covered, assuming that the incident occurred in the scope of employment.
Suppose you are a delivery driver working in Milwaukee one morning. Suddenly, you are rear-ended and suffer a severe back and neck injury. Assuming the accident occurred while in the course of your employment, you should receive benefits during your recovery. However, if the accident happened while you were on personal errands, it would probably not be covered.
### You Must Give Sufficient Notice
Under state law, an injured employee must give their company sufficient notice of being injured at work. Generally, you should give notice within 30 days of the incident; this gives you enough time to report the injury if you do not notice any pain or symptoms initially. However, it is best to report the incident and injury as soon as possible.
If you have an occupational disease, you should notify your employer as soon as you realize that the injury is related to your job. If you do not provide timely notice of your illness or injury, it may affect your eligibility for benefits.
### You Can Appeal A Benefit Denial
If you are denied worker’s comp benefits, should you give up? No. The law provides the right to file an appeal. If your initial claim was denied, our Wisconsin worker’s compensation attorneys can aid with your appeal. Working with an attorney at Gillick, Wicht, Gillick & Graf gives you the best chance of getting the benefits you deserve.
## Disability Benefits And Permanent Disability
After your doctor says you have reached the end of healing, they will determine if you have a permanent disability. If there is a permanent issue, you will be entitled to permanent partial disability compensation. This will be expressed with a permanent impairment rating indicating the amount of body function you have lost.
Also, the amount of the permanent partial disability payments received is established by the year you were hurt. Your permanent impairment rating or a schedule for the affected body part will dictate what rate you are paid at and how long you are entitled to payments.
If you cannot perform any work permanently because of your injuries, you could receive permanent total disability benefits. For instance, if you lost both arms or eyes in an explosion at work, these injuries could be a permanent total disability. Permanent total disability payments are 2/3 of your average weekly earnings. They will continue for as long as you have a permanent disability, which could be for life.
Most Wisconsin workers are entitled to worker’s compensation for a job-related injury or illness. But this fact does not mean that getting worker’s compensation is easy or guaranteed. It is common for injured workers to be initially denied benefits, so you should speak to an experienced worker’s comp attorney in Wisconsin to increase the chances of success.
## Contact Our Wisconsin Worker’s Compensation Attorneys Today
At Gillick, Wicht, Gillick & Graf, our Wisconsin worker’s compensation attorneys have a history of securing impressive client results. Our worker’s comp attorneys offer personalized service and will help you through all aspects of your claim. Call our [Milwaukee worker’s compensation attorneys](https://www.gillickwicht.com/workers-compensation) at (414) 257-2667 for a [free legal consultation](https://www.gillickwicht.com/Contact.shtml) if you have questions or want to take legal action regarding your claim. Our attorneys only get paid if you win money and are not compensated until after you receive your worker’s comp benefits.
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**Categories:** Workers’ Compensation Attorney
**Tags:** workers' comp
---
### [Workers’ Compensation In Wisconsin And Independent Contractors](https://www.gillickwicht.com/workers-compensation-wisconsin-and-independent-contractors)
**Published:** June 17, 2021
**Author:** admin
**Content:**
The vast majority of employees in Wisconsin are covered by no-fault workers’ compensation insurance. An employer has a duty to ensure that it obtains the proper, legally mandated coverage for all of its employees. The key term is “employees” — employers in Wisconsin do not need to provide workers’ comp insurance coverage for the independent contractors that they rely on. In this blog post, our workers’ compensation lawyer in Wisconsin explains the key things to know about the rights of independent contractors who were hurt on the job.
## Employers Must Provide Workers’ Comp Coverage for Employees, Not Contractors
Wisconsin has broad workers’ compensation coverage requirements in place. The state mandates that all employers with three or more part-time or full-time employees must obtain insurance immediately. An employer with one or two total employees has some additional time to get workers’ comp coverage. As noted previously, the state mandates workers’ comp coverage for employees. Workers’ comp insurance does not need to cover contractors.
## Classification Rules: Employers Do Not Get to Decide Who Is an Independent Contractor
An employer does not get to choose who is an independent contractor. Under Wisconsin state law (Wis. Stats. § 102.07(8)), there is a complex set of standards in place that an individual must meet in order to be lawfully classified as an independent contractor. If a worker is improperly misclassified as an independent contractor instead of an employee, they may be missing out on key workplace benefits, including the right to workers’ comp insurance. Businesses and organizations in Wisconsin can face serious sanctions for misclassifying workers.
## Strict Nine-Point Test for Wisconsin Independent Contractors
Although federal law may govern in some situations, most often, classification can be done based upon state law, especially in the areas of workers’ compensation, unemployment tax liability, and wage and hour requirements.
For the purpose of workers’ compensation, the state of Wisconsin determines a worker’s status using a[ strict nine-point test](https://www.upcounsel.com/wisconsin-independent-contractor-agreement). In order to be classified as an independent contractor and hence be exempt from compensation coverage, a worker must meet all the nine conditions listed below:
- The worker must operate a separate business.
- The worker must have a Federal Employer Identification Number (FEIN) or must have filed a business tax return with the IRS in the previous year.
- The worker must operate under a specific contract.
- The worker must be responsible for operating expenses.
- The worker must be accountable for performance of the work.
- The worker must be paid on the basis of contract, job, bid, or commission.
- The worker must be subject to profit or loss from performing the work.
- The worker must have recurring business obligations.
- The worker’s position must be such that he either succeeds or fails if his business expenses exceed his income.
According to the Wisconsin Supreme Court’s ruling, an individual who fails to meet any of these nine requirements is not an independent contractor.
## Schedule a Free Consultation With Our Work Injury Lawyer in Milwaukee
If you were hurt on the job and your worker’s compensation claim is being denied because they are classifying you as an independent contractor, you need to speak to a qualified Wisconsin worker’s compensation attorney. We can determine whether you are an employee or an independent contractor under the law. If you are an employee, we can fight for your worker’s compensation benefits.
At Gillick, Wicht, Gillick & Graf, our Wisconsin [work injury attorneys in Milwaukee](https://www.gillickwicht.com/workers-compensation) have a passion for protecting the rights of our clients. You and your family deserve the maximum financial compensation after a work-related accident. Contact our work injury legal team today at [414-257-2667](tel:4142572667) for a free, no-obligation review and evaluation of your case. From our Milwaukee office, we represent injured employees throughout Wisconsin.
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**Categories:** Workers' Compensation
**Tags:** worker's compensation
---
### [Can I Sue For Pain And Suffering After My Work Injury?](https://www.gillickwicht.com/can-i-sue-for-pain-and-suffering-after-my-work-injury/)
**Published:** October 28, 2021
**Author:** admin
**Content:**
Compensation for pain and suffering is not available to worker’s compensation claimants. However, that statement is not as absolute as it sounds. As is the case with most laws, though, there are exceptions.
The intention of worker’s compensation laws nationwide is to get employees who are injured at work compensation for their injuries quickly and simply. The state of Wisconsin is no exception. Part of the simplification of getting compensation for workplace injuries, however, includes giving up the right to sue your employer in most circumstances. In exchange, you are paid for:
- Your injuries.
- Lost work.
- Medical expenses.
- Other economic injuries resulting from being hurt at work.
This is stated under [Wisconsin’s worker’s compensation laws](https://dwd.wisconsin.gov/dwd/publications/wc/WKC-7580.htm).
When everything works properly and there are no disputes about whether an injury is covered, you will receive compensation in a predictable amount, and you will get it promptly. That compensation under the worker’s compensation law does not include payments for pain and suffering.
### There Are Cases Where You Can Recover Pain And Suffering Damages After A Workplace Injury
Obviously, there are pros and cons surrounding giving up your right to sue your employer for a workplace injury under most circumstances in exchange for worker’s compensation payments. When cases are clear-cut on whether the injury qualifies as arising out of your employment and there is no dispute regarding the extent of your injuries, things generally go pretty smoothly. You will start getting worker’s comp payments very quickly.
This is especially important if you are missing work because of your injury. On the other hand, under the worker’s compensation law, you also generally can’t sue your coworkers, either. If a coworker makes a mistake at work that results in you being injured in an accident, your remedy for that is worker’s compensation payments.
There are other pros and cons regarding worker’s compensation, but those are two notable examples. You can sue a coworker for injuries suffered in an intentional assault upon you by that coworker, as well as under certain other limited circumstances. Even then, however, you cannot recover damages for pain and suffering.
So how is it possible to recover damages for an injury suffered at work and covered by worker’s compensation? If you can’t get pain and suffering damages when you’re physically attacked and injured by a coworker, what’s left? The answer is third-party lawsuits.
If your injury results from the negligence of a third party, you can sue that third party for damages, including pain and suffering. Third parties can include:
- Independent contractors.
- Vendors.
- Delivery personnel.
- Repair personnel not employed by your employers. An example would be an equipment maintenance personnel employed by the equipment manufacturer. Basically, anyone else performing work on your employer’s premises who is not employed by your employer.
If the negligence of a third party who is working on your employer’s premises with permission causes you injury, you are free to sue that third party. What does this mean for you?
For starters, it means you are not bound by the restrictions of the worker’s compensation system prohibiting lawsuits over workplace injuries. Those restrictions apply only to your employer, your coworkers, and your employer’s worker’s compensation insurer. With a third party that is at fault, or at least potentially, the gloves are off. You can sue them to your heart’s content. You can also pursue any damages to which you believe you are entitled, including damages for pain and suffering.
### If I Sue A Third Party, Do I Still Get Worker’s Comp Benefits?
The short answer is yes, but that answer comes with conditions. If you suffer a workplace injury that might be the fault of a third party and sue that third party, you can still file your worker’s compensation claim and collect benefit payments. You are entitled to do so under [Wisconsin’s injured worker’s laws](https://docs.legis.wisconsin.gov/2011/statutes/statutes/102.pdf).
In general, you will receive at least a third of whatever you recover in that lawsuit. However, your employer’s worker’s compensation insurer will be entitled to reimbursement for any benefits paid to you, in addition to any collection costs. You will receive the rest.
If you reach a damages settlement with the third party, their insurer, or another party responsible for the payments, the state department that administers worker’s compensation must approve any settlement. However, if your case proceeds to a jury verdict and you recover damages, that approval is not required. You still must reimburse your employer’s worker’s compensation insurance carrier for any benefits payments you received as a result of your workplace injury.
The rest, though, is yours. This is, of course, minus what you have to pay your lawyer. Your final sum can include pain and suffering damages. Depending upon the nature and severity of your injury, that amount can be substantial.
Even if you don’t initially bring a civil lawsuit against the third party potentially responsible for your workplace injury, either your employer or your employer’s worker’s compensation carrier can bring the lawsuit. If they do so, they have to provide you with notice, and you can join the lawsuit.
Regardless, if your employer or your employer’s insurer initiates the suit, even if you don’t join the suit you will get whatever is recovered. The amount will be minus whatever benefits you were paid and the costs of the lawsuit, including attorney’s fees. That would reduce your recovery. So it is a good idea to let your employer and the insurer join your suit, or simply benefit from it than to let one of them initiate the suit.
### Consult With Our Milwaukee Work Injury Attorney
If you have suffered a workplace injury you believe to have been the fault of a third party not employed by your employer, you can sue that third party even under the worker’s compensation system. If you find yourself in such a situation, you should consult the [Milwaukee workplace injury attorneys](https://www.gillickwicht.com/Contact.shtml) of Gillick, Wicht, Gillick & Graf.
Our lawyers passionately fight for our clients to defend their rights. It doesn’t matter where in Wisconsin you are. Our [Milwaukee worker’s compensation lawyers](https://www.gillickwicht.com/workers-compensation) know that you and your family deserve all of the financial compensation possible when you are hurt while at work.
If you have suffered a workplace injury because of the negligence of a third party, talk to the Gillick, Wicht, Gillick & Graf employment injury legal team. We’ll give you a free evaluation of your case without any obligation. Our attorneys work from our Milwaukee office, but we fight for injured employees throughout Wisconsin. Call [414-257-2667](tel:4142572667).
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**Categories:** Workers' Compensation, Workplace Injury Attorneys
**Tags:** work injury, workers' comp
---
### [Can I Receive Workers’ Compensation For A Chronic Illness?](https://www.gillickwicht.com/can-i-receive-workers-compensation-for-a-chronic-illness/)
**Published:** April 7, 2021
**Author:** admin
**Content:**
A chronic illness is defined as a disease or medical condition that lasts a long time, will not go away on its own, and can result in serious disability/impairment. The Wisconsin Department of Health Services describes [chronic illnesses and medical conditions](https://www.dhs.wisconsin.gov/publications/p0/p00238.pdf) as an “epidemic” and a “serious problem” in our state. ***If your chronic illness was caused by your job, you can receive workers’ compensation benefits***. Here, our Milwaukee workers’ compensation lawyers highlight three key things you should know about workers’ comp benefits for chronic illnesses.
## A Chronic Illness May Qualify as an Occupational Disease
Under Wisconsin law, employers are required to provide no-fault workers’ comp benefits to their employees. Workers’ compensation insurance covers workers who suffer mental or physical harm while on the job. You can bring a claim for an “accidental injury” or an “occupational disease.”
Most often, chronic illnesses fall into the category of occupational disease.
The[ Wisconsin Department of Workforce Development](https://dwd.wisconsin.gov/) (DWD) defines an occupational disease as “***chronic physical or mental harm caused by exposure over a period of time to some employment-related substance, condition, or activity***.” Occupational diseases come in a wide range of forms—from arthritis and back problems to high blood pressure and certain cancers.
### The Challenge: Connecting a Condition to the “Course and Scope” of Employment
Workers’ comp insurance covers “job-related” injuries and illnesses. With accidental injuries, it is often clear whether or not the incident occurred at work. In contrast, it can sometimes be challenging to link a chronic illness to employment. As occupational diseases generally develop gradually, there is often not a clear “onset” date. To receive workers’ compensation benefits for an occupational disease (chronic illness), an applicant must build a strong case that connects their medical issue to the “course and scope” of their employment.
### You Must Report a Chronic Illness to Your Employer as Soon as Possible
Wisconsin’s workers’ comp regulations require injured workers to report their accident to their supervisor within 30 days. Failure to notify an employer in time could prevent you from recovering the full and fair benefits that you are owed. Notably, the standard is somewhat different in chronic illness cases.
It is your responsibility to report your chronic illness to your employer as soon as you believe that it was caused by your job. You have 30 days from the date you knew or should have known that your illness is work-related to notify your employer.
## Common Chronic Illnesses Covered by Wisconsin Worker’s Compensation
Workplace exposure can lead to a variety of chronic health issues, including:
### Respiratory Diseases
Conditions such as asthma, silicosis, and chronic bronchitis can arise from inhaling harmful substances present in certain occupational environments.
### Skin Conditions
Dermatitis and other skin disorders may develop due to prolonged exposure to chemicals and irritants, affecting workers in various industries.
### Hearing Loss
Continuous exposure to high levels of noise in the workplace can result in irreversible hearing damage over time.
### Repetitive Strain Injuries
Conditions such as carpal tunnel syndrome are commonly experienced by individuals performing repetitive tasks, leading to discomfort and impairment.
### Infectious Diseases
Healthcare workers, in particular, face risks of contracting infectious diseases such as tuberculosis through exposure to infected patients.
### Cancers
Long-term exposure to carcinogens, such as asbestos or benzene, can increase the risk of developing various types of cancer.
## Eligibility & Claims Process
To be eligible for compensation, workers must prove that their health condition was either caused or significantly worsened by their working environment. This process typically includes:
**Medical Documentation**: Providing thorough medical records that establish a connection between the illness and specific job-related duties.
**Timely Reporting**: It is essential for workers to report their condition to their employer as soon as possible, ideally within 30 days, to strengthen their claim.
**Formal Claim Filing**: Workers must file a claim with the Wisconsin Workers’ Compensation Division, initiating the process for potential benefits.
Crucially, there is no statute of limitations for filing claims related to occupational diseases, which acknowledges that symptoms may take years to manifest after initial exposure.
## Benefits Provided
Workers eligible for compensation can receive a range of benefits, including:
**Medical Coverage**: Financial support for necessary medical treatment, rehabilitation services, and prescription medications.
**Wage Replacement**: Compensation for lost income, typically covering two-thirds of the average weekly wage, providing crucial financial relief during recovery.
**Permanent Disability Compensation**: For workers whose conditions lead to lasting impairments, benefits are available to help ease the burden of reduced earning potential.
**Death Benefits**: In unfortunate cases where a worker passes away due to a work-related illness, benefits are offered to support the surviving family members.
## Contact Our Milwaukee Worker’s Comp Lawyers
We can help. At Gillick, Wicht, Gillick & Graf, our [Wisconsin workers’ comp lawyers](https://www.gillickwicht.com/workers-compensation) have the skills, legal expertise, and experience that you can rely on for successful results. If you have any questions about work injury claims and chronic illnesses, we are here to help. Contact our law firm at [414-257-2667](tel:4142572667) to get a free review of your case. We handle workers’ comp claims and appeals throughout Wisconsin, including Milwaukee, Oconomowoc, Oak Creek, Racine, South Milwaukee, and West Bend.
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**Categories:** Worker’s Compensation Lawyer
**Tags:** chronic illness, worker's compensation
---
### [How Worker's Compensation Benefits Are Calculated](https://www.gillickwicht.com/how-workers-compensation-benefits-are-calculated/)
**Published:** August 5, 2020
**Author:** admin
**Content:**
In Wisconsin, most employees are covered by the state’s no-fault worker’s compensation system. If you were hurt while on the job, you are entitled to benefits through a worker’s compensation claim. You are not required to prove your employer did anything wrong to cause your accident.
You may be wondering: How much can I expect to collect in worker’s comp in Wisconsin? The answer depends on the nature and severity of your injuries and your pre-accident wages. Below, our [Milwaukee worker’s compensation attorneys](https://www.gillickwicht.com/workers-compensation "Milwaukee Workers’ Compensation Attorney") provide a more comprehensive answer to the question of how worker’s comp benefits are calculated.
## Starting Point: Coverage for All Reasonable and Necessary Medical Expenses
Under Wisconsin law, injured workers are entitled to coverage for all medical care deemed to be reasonable and necessary to allow them to recover from a workplace injury or an occupational disease. Beyond immediate treatment, medical expenses can also include physical therapy and other forms of rehabilitative care. To be clear, injured workers are entitled to medical coverage – even if they did not miss time on the job. If you were hurt while working, all reasonable and necessary medical expenses should be covered.
### Temporary Disability Benefits in Wisconsin
If a work injury prevents you from returning to your job — either because you need time to recover from your injuries or because you have temporary physical restrictions and no suitable work is available — you are entitled to wage loss compensation. Often called temporary total disability (TTD), these benefits are calculated at two-thirds (2/3) of a worker’s average weekly wage. You are entitled to receive temporary disability benefits until you can return to work or reach the end of your healing.
Note: TTD benefits are subject to maximum limits. As of 2020, the maximum weekly wage for temporary disability benefits is $1,051 ([WKC-9572-P, Maximum Wage and Rate Chart](https://dwd.wisconsin.gov/dwd/publications/wc/WKC-9572-P.pdf)).
### Permanent Disability Benefits in Wisconsin
Sadly, some work injuries have long-lasting, even permanent consequences. If you have permanent limitations because of your work injury, you will be assigned a disability rating and receive some form of financial compensation to account for your loss. To receive permanent disability benefits, a worker must have reached Maximum Medical Improvement (MMI). It is defined at the point at which a worker’s condition has stabilized and further improvement is unlikely — even with ongoing medical or rehabilitative care. As permanent disability calculations are extremely complicated, injured workers should consult with an experienced attorney before settling a claim. If your disability rating is too low, you may be denied access to the full benefits you deserve.
## Average Wisconsin Worker’s Compensation Settlements
In Wisconsin, workers’ compensation settlements can vary significantly based on the nature and severity of the injury, the worker’s average weekly wage, and the duration of their disability. There isn’t a fixed amount for each case; however, the state provides structured guidelines and charts to help estimate fair compensation.
### Typical Settlement Ranges
Minor injuries (e.g., sprains or strains) may settle for \*\*$10,000–$30,000
Moderate injuries requiring surgery (e.g., ACL tears) often reach $40,000–$80,000
Severe or permanent disabilities can exceed $100,000, particularly if multiple body parts are affected or if the injury leads to long-term wage loss.
### By Injury Type
Knee injuries requiring surgery: Approximately $80,000+
Concussions: Between $5,000–$31,000, depending on severity.
Amputations: Often exceed $150,000.
Carpal tunnel syndrome: Approximately $30,510 on average.
Disability Duration & Wage Impact
Wisconsin calculates settlements based on:
### Temporary Total Disability (TTD)
Typically two-thirds of the worker’s average weekly wage, capped annually (e.g., about \*\*$1,159/week\*\* in 2022).
### Permanent Partial Disability (PPD)
Paid weekly, often around \*\*$362/week\*\*, based on a percentage of bodily function loss and a schedule of body parts. For example, losing 50% function of a shoulder (based on a 500-week schedule) would result in \*\*250 weeks\*\* of PPD payments.
### Settlement Charts
Wisconsin employs detailed charts to determine compensation for various body parts, including fingers, hands, arms, legs, toes, eyes, and ears. Each body part has a designated number of weeks for full loss, which is adjusted for partial impairment.
**Lump-Sum vs. Structured Settlements**
Most workers prefer lump-sum settlements for immediate financial relief. However, structured payments may be more beneficial for long-term needs, especially in cases involving permanent disabilities or ongoing medical care.
**Legal Considerations**
Settlements are voluntary; neither the employer nor the worker is obligated to accept an offer. Disputes can be resolved through hearings with Wisconsin’s Workers’ Compensation Division.
### Get Help From Our Milwaukee, WI Worker’s Comp Attorney Today
At Gillick, Wicht, Gillick & Graf, we are proud to be the Injured Worker’s Law™ Firm. Our [Wisconsin worker’s comp lawyers](https://www.gillickwicht.com/workers-compensation) will help clients pursue the maximum available full financial benefits. To set up a no-cost, no-obligation initial consultation, please [contact our law office](https://www.gillickwicht.com/Contact.shtml) at [414-257-2667](tel:4142572667) right away. We represent injured workers in Milwaukee, Waukesha, Fond Du Lac, Oshkosh, Sheboygan, and Manitowoc.
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**Tags:** worker's compensation benefits calculation
---
### [Are Commuting or Traveling Injuries Covered By Workers’ Compensation in Wisconsin?](https://www.gillickwicht.com/are-commuting-or-traveling-injuries-covered-by-workers-compensation-in-wisconsin/)
**Published:** July 8, 2020
**Author:** admin
**Content:**
An accident can happen at any time or anywhere. If you travel as part of your job, there is always a risk that you could be injured. This raises an important question: Are travel-related accidents covered by worker’s compensation in Wisconsin? The short answer is it depends. Generally, daily commutes are not covered, but required work-related travel is covered. Below, our [Milwaukee worker’s comp lawyers](https://www.gillickwicht.com/workers-compensation "Milwaukee workers’ compensation lawyers") provide a more comprehensive explanation of how Wisconsin treats commuting accidents and workplace travel accidents.
## Traveling and Worker’s Comp Claims in Wisconsin: What You Need to Know
### Not Covered: A Daily Commute
The average American employee spends around 50 minutes a day commuting to and from work. Unfortunately, accidents can happen during this time — especially if, you drive to work. As a general matter, your daily commute is not covered by worker’s compensation insurance in Wisconsin. A daily commute is considered outside of the purview of the employer-employee relationship.
### Covered: Off-Site Trips at Employer’s Direction
Some employees may be asked to do off-site work for their company or organization. In Wisconsin, off-site trips are generally covered by worker’s compensation insurance — at least assuming the employee is acting at the discretion of their employer.
As an example, imagine you work for a small construction company. During a project, a supervisor notices key materials are missing and asks you to make a quick run to a hardware store to purchase new materials. If you are involved in a car accident during that trip, your injuries would likely be covered by worker’s comp because your trip was performed at your employer’s orders and discretion —you were still “working” as you were driving to the store.
### Covered: Required Employment-Related Travel
State law is clear that traveling employees are covered by worker’s comp while on company-sponsored trips. As described by the[ Wisconsin Department of Workforce Development](https://dwd.wisconsin.gov/), an employee who is required to travel for work is covered at all times, including while they are eating or sleeping. The only exception is if the employee deviates from accepted work duties for personal reasons during the trip.
## Workplace Commuting Statistics
Commuting to and from work may seem routine, but for thousands of workers each year, it can lead to serious injuries and, in some cases, even death. According to the U.S. Bureau of Labor Statistics (BLS), roadway incidents involving motorized land vehicles were the leading cause of work-related fatalities in 2023, [accounting for 1,252 deaths](https://injuryfacts.nsc.org/work/safety-topics/roadway-incidents/) across all sectors.
### Fatalities and Injury Rates
In 2023, the total number of fatal work injuries in the U.S. reached 5,283, with roadway incidents comprising nearly 24% of that total. The fatal injury rate stood at 3.5 deaths per 100,000 full-time equivalent workers, showing a slight decrease from the previous year.
### Nonfatal Commuting-Related Injuries
While data on fatalities is more readily available, tracking nonfatal injuries during commutes is more challenging, as commuting is often not classified as “on-the-job” unless the travel is work-related (for example, driving between job sites). However, the National Safety Council reports that from 2021 to 2022, there were 68,560 nonfatal injuries related to roadway incidents that resulted in days away from work, job transfers, or restrictions (DART cases).
**Common Injury Types Among Nonfatal Roadway Incidents:**
Sprains, strains, and tears were the most common injuries (31%).
Bruises and contusions followed at 12%.
Fractures accounted for 8%.
### Industries Most Affected
The transportation and warehousing industry reported the highest share of commuting-related injuries. Healthcare and social assistance, construction, and retail trade also experienced significant numbers of these incidents.
### Complicated Cases: A Worker’s Comp Lawyer Will Get You Answers
The basic rule in Wisconsin is daily commutes are not covered by worker’s compensation, but employer-directed travel is covered. Of course, every case carries its own unique set of facts. During a free, confidential consultation, our Milwaukee worker’s comp attorneys will review your claim and explain your options for compensation under state law.
### Schedule a Free, Confidential Worker’s Comp Consultation
At Gillick, Wicht, Gillick & Graf, our Wisconsin work injury attorneys are aggressive, results-focused advocates for clients. If you have any questions about travel-related workplace accidents, we can help. To schedule a no-cost, no-obligation review of your case, please [contact us](https://www.gillickwicht.com/Contact.shtml) at (415) 257-2667. We represent injured workers throughout Wisconsin, including Milwaukee, Janesville, Kenosha, Waukesha, Menomonee Falls, Port Washington, and Racine.
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**Tags:** travel injuried, worker's compensation
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### [How Body Part Values Are Determined For Workers' Compensation](https://www.gillickwicht.com/how-body-part-values-are-determined-for-workers-compensation/)
**Published:** February 13, 2024
**Author:** admin
**Content:**
Worker’s compensation in Wisconsin is a critical system designed to provide financial and medical support to employees who suffer work-related injuries or illnesses. This program, grounded in Wisconsin’s rich labor history, is a no-fault system, [meaning that employees do not need to prove their employer’s negligence to receive benefits](https://dwd.wisconsin.gov/wc/brief-history.htm#:~:text=In%201911%2C%20Wisconsin%20adopted%20a,common%20law%20defenses%20are%20eliminated.). The primary goal is to ensure injured workers receive appropriate medical care and compensation for lost wages due to their inability to work.
Wisconsin’s approach to worker’s compensation is characterized by its emphasis on prompt and fair compensation, rehabilitation, and, if possible, a quick return to the workforce. This system represents a compromise between employers and employees, where employees give up their right to sue their employers for negligence in exchange for certain, albeit limited, compensation.
## Importance of Understanding Body Part Values in Wisconsin Worker’s Compensation Claims
Understanding the valuation of specific body parts in worker’s compensation claims in Wisconsin is crucial for several reasons. Firstly, it determines an injured worker’s compensation, directly impacting their financial stability during recovery. The valuation process considers the severity of the injury and its long-term effects on the worker’s ability to function. For instance, losing a limb or suffering from a permanent back injury can significantly hinder a person’s ability to function and their quality of life. Therefore, accurate and fair valuation is vital to ensure that workers are justly compensated.
Additionally, understanding this valuation helps worker’s compensation attorneys to better advocate for their clients. It ensures that the compensation awarded aligns with the injury’s impact on the worker’s ability to function. This understanding also benefits employers and insurance companies in adequately preparing for potential claims and understanding their financial responsibilities under Wisconsin law.
### Wisconsin’s Permanent Partial Disability Schedule for Worker’s Compensation Claims
In Wisconsin, the worker’s compensation system offers financial remuneration to employees who suffer from injuries or illnesses related to their work. When a work-related injury leads to a permanent disability, as evaluated by a medical professional, the affected worker may qualify for permanent partial disability payments (PPD). PPD benefits are allocated to those who have [sustained a long-term impairment but are not entirely incapacitated](https://dwd.wisconsin.gov/wc/medical/eval-ppd.htm).
The conclusive assessment of PPD typically occurs when an individual attains what is medically referred to as their “maximum medical improvement” (MMI) or end of healing, a state evaluated by their physician. Notably, scheduled injuries, which predominantly include extremity-related injuries or disabilities, are specifically cataloged in [Wisconsin Statute § 102.52](https://docs.legis.wisconsin.gov/document/statutes/102.52).
To ascertain the prospective value of a claim, one should initially calculate the number of weeks assigned to the specific injury and multiply it by the disability percentage determined by the treating doctor. This figure is then multiplied by the corresponding PPD compensation rate for the year the injury happened, determining the maximum possible value of the permanent partial disability component of your worker’s compensation claim.
For instance, consider a scenario where there is a 5% PPD for a left hip injury occurring on January 1, 2023. Since the hip injury is assigned 500 weeks, multiplying this by 5% results in 25 weeks. This is then payable at the maximum PPD rate of $430.00 per week, amounting to $10,750.00.
### Outline of the [weeks payable for Permanent Partial Disability in Wisconsin](https://www.gillickwicht.com/workers-compensation/permanent-partial-disability-schedule.shtml)
- Unscheduled injuries (involving the torso, head, and psychological conditions): 1000 weeks
- Loss of an arm at the shoulder: 500 weeks
- Loss of an arm at the elbow: 450 weeks
- Loss of a hand: 400 weeks
- Loss of a palm with the thumb intact: 325 weeks
- Loss of a thumb at the proximal joint: 120 weeks
- Loss of a thumb/metacarpal bone: 160 weeks
- Loss of a thumb at the distal joint: 50 weeks
- Loss of all fingers on one hand: 225 weeks
- Loss of individual fingers: 6-60 weeks
- Loss of a leg at the hip: 500 weeks
- Loss of a leg at the knee: 425 weeks
- Loss of a foot at the ankle: 250 weeks
- Loss of a great toe and metatarsal bone: 83.5 weeks
- Loss of toes: 4-25 weeks
- Loss of an eye: 275 weeks
- Total impairment of one eye: 250 weeks
- Total deafness: 330 weeks
- Total deafness in one ear: 55 weeks
Wisconsin’s Maximum Weekly Permanent Partial Disability (PPD) Benefit rates vary by year:
- 01/01/2023 $430.00
- 04/10/2022 $415.00
- 01/01/17 $362.00
- 03/02/16 $342.00
- 01/01/15 $322.00
- 01/01/14 $322.00
- And so on, with previous years having different rates.
If you or a loved one suffered a workplace injury, you must seek legal guidance quickly to protect your valuable legal rights. Our Green Bay worker’s compensation lawyers are dedicated to representing your best interests. Your employer and their insurance company will try to settle your claim with minimal cost, so it’s imperative to have professional legal guidance to ensure you receive fair compensation for your workplace injury.
### The Role of Legal Representation in Wisconsin Worker’s Compensation Claims
When filing for worker’s compensation in Wisconsin, the role of legal counsel is not just beneficial but often crucial for the successful navigation of claims. Attorneys experienced in worker’s compensation play an essential role in advocating for the rights and interests of injured workers. They deeply understand the complex laws and regulations governing worker’s compensation, ensuring that [claims are filed correctly and within statutory deadlines](https://dwd.wisconsin.gov/dwd/publications/wc/wkc-13328-p.htm). Legal counsel becomes particularly important in cases where the nature of the injury and its impact on the worker’s life are complex.
They help accurately document and present the case, including gathering medical evidence, expert testimonies, and other relevant documentation. Lawyers can also guide workers through the often daunting and confusing process of dealing with insurance companies and employers, who may have their own legal teams. Their expertise is invaluable in ensuring that injured workers receive the full benefits they are entitled to under the law.
### How Attorneys Can Influence the Valuation Process
Attorneys significantly influence the valuation process of body part injuries in worker’s compensation claims. They are vital in ensuring the injury is accurately assessed and valued appropriately. This involves a thorough understanding of how different injuries are valued and the ability to challenge any undervaluation of the injury.
Lawyers often collaborate with medical professionals to ensure that the full extent of the injury and its impact on the individual’s ability to function is understood and appropriately documented. If necessary, they can negotiate with insurance companies and represent the injured worker in hearings. By presenting a well-documented and substantiated claim, attorneys can significantly influence the final compensation amount awarded, advocating for a fair valuation that reflects the true extent of the worker’s injury and loss.
### Common Disputes in Body Part Valuation
Disputes in the valuation of body parts for worker’s compensation claims are not uncommon in Wisconsin. One common dispute arises from differing opinions on the extent of the injury. For instance, what one doctor might assess as a lesser disability, another might see as more debilitating.
Disagreements can also occur over the appropriate methods for calculating compensation, especially in cases of non-standard injuries. It also happens when multiple body parts are involved. Insurance companies may dispute claims, arguing for lower valuations based on their assessments or interpretations of the law. Such disputes often require resolution through legal channels, where evidence is presented and argued before a decision is made.
### The Debate Over Fairness and Adequacy of Compensation
There is an ongoing debate regarding the fairness and adequacy of compensation for injuries in worker’s compensation cases. Critics argue that the current system only sometimes accurately reflects the true impact of certain injuries, especially when considering long-term effects and changing job markets. There is a concern that some workers may not receive enough compensation to cover their medical expenses and lost wages, particularly in cases of severe or permanent injuries.
This debate extends to the legal and medical communities, with calls for reforms to ensure more equitable and comprehensive compensation models. The challenge lies in balancing the needs and rights of injured workers with the practicalities and financial realities of the worker’s compensation system. This remains a dynamic and evolving area of law and public policy.
### Contact Our Milwaukee Worker’s Comp Lawyers to Protect Your Claim!
If you or a loved one has incurred a workplace injury eligible for Wisconsin worker’s compensation, it’s very important that you comprehend the steps required to safeguard your legal rights. The seasoned [Milwaukee worker’s compensation lawyers](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf are prepared to help you with your workers’ comp claim. Contact our dedicated worker’s compensation attorneys at [414-257-2667](tel:14142572667) to [receive your free consultation](https://www.gillickwicht.com/Contact.shtml).
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### [Is a Fall in a Parking Lot a Worker's Compensation Claim?](https://www.gillickwicht.com/is-a-fall-in-a-parking-lot-a-workers-compensation-claim/)
**Published:** May 24, 2022
**Author:** admin
**Content:**
The purpose of the [Wisconsin Worker’s Compensation Act](https://dwd.wisconsin.gov/dwd/publications/wc/wkc-1-p.pdf?msclkid=67b9aa9db90911eca23bf65cd8ede039) is to provide benefits to employees who are injured by accidents that arise out of and in the course of their employment. However, questions often arise about whether an accident is covered before or after a worker leaves the building, such as a fall in a parking lot. Too often, employees are denied worker’s compensation benefits after a parking lot fall, but the experienced [Wisconsin worker’s compensation attorneys](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf in Milwaukee are here to help. Call the office or contact us today to schedule a consultation for your case now.
## What is the “Coming and Going” Rule?
In order for an accident to be covered by worker’s compensation in Wisconsin, it must occur in the course of employment. This means that the accident must occur at a time, place, and under the right circumstances to be considered in the course of employment. For example, a worker who is injured after they have clocked in and are performing their normal work duties would be considered an accident that happens in the course of employment.
The “[coming and going rule](https://dwd.wisconsin.gov/dwd/publications/wc/wkc-7580.htm)” further defines when an accident is considered in the course of employment. Under this rule, employees are generally not covered under worker’s compensation if they are injured coming or going from their place of employment, so long as that location is fixed. This is because the commute is not considered on the clock for the purposes of employment since the employee is not at their place of work or performing work duties. However, there are exceptions to the general “coming and going” rule, which can include accidents that happen in a parking lot.
### Factors for Consideration
Not all falls in a parking lot are covered under worker’s compensation in Wisconsin. Multiple factors must be considered when determining whether injuries sustained in a parking lot fall are covered, including the location, timing, and circumstances of the accident.
### Location of the Fall
The location of a parking lot fall is often critical to a worker’s compensation case. Generally speaking, injuries incurred in a parking lot fall are covered by worker’s compensation if they occur in an employer-designated parking lot. Specifically, the fall must occur on the employment premises, which include parking lots that are owned or controlled by the employer. If a worker chooses to park in a lot that is not controlled by their employer, such as a public parking lot, a fall may not be covered under worker’s compensation.
### Timing of the Fall
The timing of the fall may also play a part in whether an accident in a parking lot is covered by worker’s compensation. If the fall occurs when the employee is going to or coming from their place of employment, the accident is likely covered by worker’s compensation. However, if the accident happens substantially after work hours or while conducting non-work duties, it may not be covered by worker’s compensation in Wisconsin.
### Circumstances of the Fall
Finally, the circumstances surrounding the fall may also impact whether the injuries are covered by worker’s compensation benefits. A worker must be coming or going from the parking lot in “the ordinary and usual way” in order for a fall to be covered by worker’s compensation. Even a small deviation from what is considered the ordinary and usual way that an employee traverses through an employer-controlled parking lot may subject the claim to scrutiny for worker’s compensation benefits.
One notable Wisconsin Supreme Court case found that a deviation as small as walking past the driver’s door to show a coworker something in the vehicle’s trunk when a fall occurred was enough to bar the accident from receiving worker’s compensation coverage. This is why it is critical that injured workers seek counsel from an experienced attorney when pursuing worker’s compensation benefits after a parking lot fall.
### Injuries Caused by a Parking Lot Fall
While many people do not consider a slip and fall or trip and fall in a parking lot to be a serious accident, in reality, they can cause serious harm to an injured employee. This is particularly true if the accident results in an injury to the head, neck, or spine, or if an affected worker is older or otherwise more vulnerable to injury. Some of the most common injuries reported after a fall in a parking lot include the following:
- Traumatic brain injuries (TBI)
- Facial trauma
- Neck injuries
- Back and spine injuries
- Broken bones
- Nerve damage
- Sprain, strains, and soft tissue damage
These injuries have the potential to require significant medical treatment and can seriously impair a person’s ability to work. When this type of accident happens in an employer-controlled parking lot in the normal course of work, it is imperative that an employee be fully covered by worker’s compensation benefits.
## Wisconsin Worker’s Compensation Benefits
An injured worker is entitled to many different types of benefits under Wisconsin’s worker’s compensation laws, including coverage for medical bills, wage loss, and additional benefits. After a covered parking lot fall, injured employees may be entitled to the following:
### Medical Benefits
Injured workers are entitled to full coverage of all medical expenses related to their accident, including ambulance transportation, medical treatment, medications, hospitalization, and rehabilitation. Mileage for transportation to and from medical treatment after the accident is also covered, and in Wisconsin, workers have the right to choose their own healthcare provider.
### Wage Benefits
Temporary total disability and temporary partial disability provide wage benefits during recovery and after an employee’s return to work. Temporary total disability is two-thirds of the worker’s average weekly wage and is paid until the worker returns to work, and temporary partial disability is two-thirds of the difference between pre-and post-accident wages if the employee cannot earn as much as before.
### Disability Benefits
If the accident results in some level of permanent disability, an employee is entitled to permanent partial or permanent total disability benefits. Permanent partial disability pays for any permanent disability after maximum medical improvement is reached, and permanent total disability provides benefits if the injuries are so severe that the employee cannot return to any meaningful work.
### **Contact Our Milwaukee Worker’s Comp Lawyers Now**
If you or someone that you know has been hurt in a parking lot fall in the Milwaukee area, call the [Milwaukee worker’s compensation attorneys](https://www.gillickwicht.com/Contact.shtml) at Gillick, Wicht, Gillick & Graf at [414-257-2667](tel:4142572667) today to learn whether you are entitled to worker’s compensation benefits.
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### [What Happens to My Job While I'm on Worker's Compensation?](https://www.gillickwicht.com/what-happens-to-my-job-while-im-on-workers-compensation/)
**Published:** November 11, 2020
**Author:** admin
**Content:**
The overwhelming majority of employees in Wisconsin are covered under the state’s [no-fault worker’s compensation insurance](https://dwd.wisconsin.gov/dwd/publications/wc/wkc-7317.htm) system. If you get hurt on the job, worker’s comp benefits will cover your medical treatment, lost wages, and long-term disabilities or impairments. You may be wondering: What will happen to my job while I am collecting worker’s compensation?
The short answer is “it depends” — a Wisconsin employer cannot fire you for filing for worker’s comp, but employers do retain significant discretion over their own personnel decisions. Below, our Milwaukee worker’s compensation lawyers provide a more detailed explanation of the most important things you need to know about Wisconsin law.
## Wisconsin Law: You Have the Right to File for Worker’s Comp Without Facing Retribution
As a starting point, it must be emphasized that you have the right to file for worker’s compensation benefits. You cannot be fired, forced to resign, demoted, or otherwise punished by your employer for filing a claim. Under Wisconsin law (Wis. Stat. § 102.35), an employer can be held legally liable for back wages and benefits if it unlawfully fires or refuses to rehire a worker simply because they filed a worker’s comp claim.
These types of employment law claims are known as unlawful retaliation cases. If you faced retaliation for seeking worker’s comp benefits in Wisconsin, your legal rights were violated. Likewise, if an employer tried to persuade you not to file a claim, your rights were violated. Call a qualified Milwaukee attorney right away.
### Limitation: Wisconsin is an ‘At-Will’ Employment State
There are limitations to your employment protections. Wisconsin is an ‘at-will’ employment state — meaning, without a contract, both employers and employees retain the right to end a relationship at any time and for virtually any reason. Employers cannot terminate workers for an illegal reason — such as in retaliation for filing for worker’s comp benefits — but they can fire workers for other reasons.
In other words, your job is not fully guaranteed while you take the time to recover from your injuries. For example, imagine if a Milwaukee company decided to restructure and lay off 25 percent of its workforce. That company may be able to lay off or refuse to rehire an employee who is currently receiving worker’s comp benefits. However, they can only do so if they can establish worker’s’ comp played no role in their decision. The injured worker must be treated equally to other employees. In some cases, employers try to conceal their unlawful, retaliatory motive with pretextual (false) reasoning.
## Facts About Job Protection While On Wisconsin Worker’s Compensation
If you are on the road to recovery from a work-related injury in Wisconsin, you may find yourself asking a crucial question: “When I’m ready to return, will my job still be available?” The reality of job security during this healing process is not always straightforward. To help clarify this important issue, here are the key details you should know about job protection while receiving workers’ compensation in Wisconsin.
### Understanding Job Protection in Wisconsin
Wisconsin operates under at-will employment laws, meaning that employers are not legally obligated to retain your position while you are receiving workers’ compensation benefits. Unless you possess an employment contract or fall under specific legal protections such as the Family and Medical Leave Act (FMLA), your employer has the right to terminate your employment—regardless of your compensation benefits.
### Temporary Protection Under FMLA
If you qualify for FMLA, you are entitled to take up to 12 weeks of unpaid leave due to a serious health condition, which includes work-related injuries. During this leave, your employer is mandated to preserve your job or offer you a comparable position. However, it’s essential to bear in mind that once your FMLA leave concludes, there is no assurance that your job will still be available.
### Exploring Modified Duty and Return-to-Work Plans
In an effort to assist employees in transitioning back to the workplace, many employers provide light-duty or modified work opportunities tailored to the restrictions outlined by your healthcare provider. If your doctor determines that you are capable of performing limited tasks, your employer may accommodate you by offering a role that aligns with your physical capabilities. However, they are not required to create a new position solely for your return.
### Vocational Rehabilitation Services
If your work-related injury prevents you from resuming your previous job responsibilities, you may be eligible for vocational rehabilitation services. Wisconsin offers up to 80 weeks of retraining, job placement assistance, and career planning services, all designed to support you as you adapt and transition into a new role that suits your abilities.
## What Happens If You’re Terminated?
If you find yourself terminated while on workers’ compensation, it is important to understand that this does not nullify your benefits. You remain entitled to essential support, including:
Ongoing medical treatment for your injury
Wage replacement to help cover your living expenses
Permanent disability compensation, if applicable However, losing your job could impact your ability to return to work or to qualify for specific benefits like vocational rehabilitation services.
Though Wisconsin law affirms your right to receive compensation for work-related injuries, it does not guarantee job security. Gaining a clear understanding of your rights under FMLA, exploring the possibilities of modified duty, and seeking expert legal advice are vital steps in navigating this uncertain landscape. If you need assistance drafting a comprehensive return-to-work plan or exploring retraining options tailored to your needs, I am here to provide the support you require.
## Call Our Milwaukee Worker’s Comp Attorney for Immediate Help
At Gillick, Wicht, Gillick & Graf, our [Milwaukee work injury lawyers](https://www.gillickwicht.com/workers-compensation "Milwaukee Work Injury Lawyers") are aggressive, effective advocates for injured workers. We will protect your rights and help you maximize your benefits. If you have questions about your job and your worker’s comp benefits, our attorneys can help. Contact us today at [414-257-2667](tel:4142572667) for a free, comprehensive initial consultation. From our Milwaukee office, we advocate for injured workers throughout all of Wisconsin.
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### [Is Physical Exercise Allowed While On Worker's Comp?](https://www.gillickwicht.com/is-physical-exercise-allowed-while-on-workers-comp/)
**Published:** May 16, 2023
**Author:** admin
**Content:**
Suppose you are hurt at work and are on Wisconsin worker’s compensation. Can you engage in physical exercise or go to the gym while receiving benefits? The answer depends on several factors that are outlined in this article. Talk to our [Milwaukee worker’s compensation attorneys](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf about your legal options if you were hurt at work.
## Physical Exercise While Your Worker’s Comp Claim Is Pending
Can you go to the gym or exercise when the worker’s comp claim is pending? It depends mainly on the type and degree of injury and the type of exercise. As you consider whether to exercise while a claim is pending, just remember that some worker’s comp insurers always look for a reason to deny a claim. They look for behavior that makes you appear uninjured or less seriously injured.
Suppose you hurt your knee at the warehouse where you work and are waiting for your claim to be approved. It is best not to engage in intense physical exercise that stresses your knees and legs. This is for your own health’s sake, but exercising too much with the affected knee could make the insurance company take note and question how injured you are. On the other hand, if you burned your hand in the office, it probably is ok to jog or walk because the injured body part is unaffected by the exercise.
If you are fully disabled and cannot work, going to the gym and working out may raise a red flag for the insurance company. Some worker’s comp attorneys also may be concerned that the insurer will claim you aggravated your injuries by doing physical exercise. Be safe before working out while your case is pending by getting approval from the treating physician for your workout. That way, if the insurance company finds out you are exercising, it has your doctor’s approval.
### Physical Exercise While Receiving Worker’s Compensation Benefits
If you are receiving benefits and want to go to the gym, whether you should or not depends on the situation. As explained above, whether you should work out is influenced by the type of exercise and degree of injury. For example, if you broke your arm, using the treadmill at the gym should be fine.
Also, it is well-known that working out offers many mental and physical benefits, including during injury recovery. A physical therapist may encourage you to exercise in some ways to heal your injury. Many good gyms have specific equipment that will target certain areas of the body and exercise them safely.
Asking your doctor if it is ok to exercise while on worker’s comp covers your bases if the insurance company finds out. But remember, if you exercise or go to the gym without your doctor’s approval, your benefits could be reduced or suspended.
### Will The Insurance Company Know You Are Working Out?
They may. [Insurance companies often monitor people receiving or waiting for worker’s compensation benefits](https://dwd.wisconsin.gov/wc/workers/). This surveillance could just be phone calls to keep tabs on you, but other insurers may use drones and cameras to watch when you do not expect it. It is not difficult to observe a local gym; the insurer may just call and find out if you have checked into the gym lately.
Sometimes, the insurance investigator does not need to do anything to check up on you other than look at social media. For example, many of us post gym and workout photos on Facebook and Instagram, so be sure you do not do that while on worker’s comp.
## More About How To Avoid Denials While On Worker’s Compensation
There are other ways that worker’s compensation can be denied or reduced. If you are dealing with any of the following situations, talk to a worker’s compensation attorney for assistance:
### The Injury Did Not Happen At Work
A common reason a claim is denied is [it did not happen at work](https://www.insurancebusinessmag.com/us/news/workers-comp/common-reasons-why-workers-compensation-claims-are-denied--and-how-to-avoid-them-428672.aspx), or you cannot prove it did. Some situations where the injury could be classified as non-work related include a lack of witnesses when the accident happened. Or the injury occurred because of recreational activity.
Another common issue is the injury or illness was caused by a pre-existing condition. The insurance company also could deny you if the injury happened to or from the way to work and you were not working at the time.
### The Employee Did Not Get Prompt Medical Attention
It is always essential after a work-related injury to receive medical attention as soon as possible. Perhaps you did not go to the doctor because you thought your back injury would heal after a few days. But if it does not improve or worsen, not seeking medical attention promptly could be a problem.
Be sure to report your injury immediately to your employer and see the doctor that day. Also, go to all of your doctor appointments and follow their treatment plan, or you could lose benefits.
### The Injury Was Related To Roughhousing Or Horseplay
Worker’s comp in Wisconsin covers most injuries at work. But if you were wrestling with someone at work and hurt your arm, there is a good chance your claim will be denied. Getting injured while fighting on the job also usually results in denial.
## Contact Our Milwaukee Worker’s Compensation Attorneys Today
Going to the gym or exercising is generally ok while waiting for or receiving worker’s comp benefits. However, getting your treating doctor’s approval is strongly recommended, and if you retain an attorney for your case, ask their opinion about exercise. Our Milwaukee worker’s compensation attorneys at [Gillick, Wicht, Gillick & Graf](https://www.gillickwicht.com/Contact.shtml) can help answer your worker’s comp questions and get you the most for your claim. Call today at (414) 257-2667.
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**Categories:** workers’ compensation attorneys
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---
### [What Are Wisconsin Worker's Comp Settlement Body Part Prices?](https://www.gillickwicht.com/what-are-wisconsin-workers-comp-settlement-body-part-prices/)
**Published:** May 29, 2023
**Author:** admin
**Content:**
Were you injured on the job in Wisconsin recently? Then, you could be entitled to worker’s compensation benefits, and a common question is, ‘How much is my case worth?’
The answer to this question lies in various factors detailed in the Wisconsin worker’s compensation law. If you need help after a workplace injury, our [Milwaukee worker’s comp lawyers](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf can offer legal assistance.
## How Worker’s Compensation Works In Wisconsin
Wisconsin worker’s compensation allows compensation if you were hurt at work. Workers ‘ comp pays benefits when you are injured on the job if your company’s insurance provider accepts the claim. Some benefits to which you may be entitled include money for time off of work and medical expenses.
In Wisconsin, for temporary total disability (TTD), you usually receive 2/3 of your average weekly wage at the time of the injury. There are maximums in the statute that limit how much you can get.
In Wisconsin for temporary partial disability (TPD), you usually receive 2/3 of the difference between your earnings before and after the injury, assuming the latter is lower. For example, if you were paid $1,000 before the injury and $700 now, you would receive $200 per week.
Permanent partial disability (PPD) uses the identical 2/3 figure as above, but the maximum wage is lower. As of 2023, [the Wisconsin PPD amount is a maximum of $430.00](https://m3ins.com/wisconsin-workers-compensation-law-changes-2022/)
### Wisconsin Permanent Total Disability Benefits
In Wisconsin, permanent total disability benefits are usually only considered if you have an extremely serious injury that prevents you from ever working in any job again. For example, if you lose both arms or eyes in a catastrophic accident, you could receive total disability benefits. These benefits would be payable at 2/3 of your average weekly earnings when you were injured.
### Wisconsin Permanent Partial Disability Schedule
If you receive PPD, there is a disability schedule that lists how long you can receive benefits. The number of weeks of benefits is [based on the lost body part](https://www.gillickwicht.com/workers-compensation/permanent-partial-disability-schedule.shtml):
- Complete loss of arm: 500 weeks
- Arm loss at the elbow: 450 weeks
- Complete loss of hand: 400 weeks
- Loss of thumb: 120 weeks
- Complete loss of leg: 500 weeks
- Loss of leg at the knee: 425 weeks
- Loss of eye from an accident: 275 weeks
- Total deafness from an accident: 330 weeks
### What Do You Do If Hurt At Work In Wisconsin?
You can do several things to speed up your worker’s comp claim. After all, you want to receive compensation as soon as possible if you cannot work. Some of the things to do after your injury in Wisconsin are:
- Report your injury immediately: You have time to report the injury to your employer – [within 30 days of the injury](https://dwd.wisconsin.gov/dwd/publications/wc/wkc-7580.htm#:~:text=An%20injured%20employee%20should%20give,its%20relation%20to%20the%20employment.) – but the sooner, the better. Be truthful about how and why the injury happened so no inconsistencies lead to delays. Remember that you do not need to prove fault to receive Wisconsin worker’s comp benefits; the fact that you were hurt on the job is sufficient.
- See a physician: You might not fully understand the type and seriousness of the injury, so get medical attention immediately. When you promptly have a doctor’s statement about your work injury, it builds a better case for compensation.
- Maintain a journal: Write down or take a video of your accident memories. Also, add entries about your pain and how your recovery is progressing.
## Wisconsin Worker’s Comp FAQ
Below are common questions about worker’s compensation in Wisconsin:
### What Should I Do If I Am Hurt At Work In Wisconsin?
You should tell your employer about the injury as soon as possible. You can do this verbally or in writing, but having a written record is always preferable if there is a dispute about your claim.
### What Is The Waiting Period To Receive Wisconsin Worker’s Comp?
You must wait three workdays to receive [worker’s comp in Wisconsin](https://dwd.wisconsin.gov/wc/workers/#:~:text=You%20should%20receive%20a%20check,you%20normally%20work%20on%20Sunday.). So, an injured or employee can get benefits on the fourth day after the injury occurs. If the injured worker is off of work for 7 or more days, they also get paid for the first 3 days.
## What If I Caused My Workplace Accident?
The Worker’s Compensation Act of Wisconsin is a ‘no-fault’ statute. This means you can receive benefits in the state if your injuries occurred during your job. Even if the work accident was your fault, with some exceptions, you still can receive benefits. However, you should have your case reviewed by a worker’s comp attorney to determine if you are eligible for compensation.
### Can I Be Fired For Filing A Claim?
No. If your employer fires you for filing worker’s compensation, you would be able to bring a penalty claim against them. This is a complex legal claim; our worker’s compensation attorneys can assist you.
### Do I Have To Attend An Independent Medical Examination (IME)?
An IME is a medical exam you attend when your employer or worker’s compensation insurance carrier requests it. Their doctor will evaluate you to check your injuries. [In most situations, you are required by law to attend this exam. ](https://docs.legis.wisconsin.gov/statutes/statutes/804/10)
## Contact Our Milwaukee Worker’s Comp Lawyers Now
While you may think you do not need a lawyer after a work-related injury, having an attorney in your corner is essential to get you the most compensation, especially for a severe injury. [Talk to our Milwaukee worker’s comp lawyers](https://www.gillickwicht.com/Contact.shtml) at Gillick, Wicht, Gillick & Graf today at (414) 257-2667.
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**Categories:** Workers' Comp Lawyer
**Tags:** worker's compensation
---
### [Why You Should Never Settle a Workers' Comp Settlement Without a Lawyer](https://www.gillickwicht.com/why-you-should-never-settle-a-workers-comp-settlement-without-a-lawyer/)
**Published:** August 16, 2022
**Author:** admin
**Content:**
On top of medical bills, as a recently injured worker, you have a mortgage or rent payment due, groceries to buy, and an endless source of other expenses that cannot wait for a long legal battle. As such, it makes sense to a lot of injured employees to simply sign the settlement offer quickly.
In doing so, you are likely giving up a lot of money, potentially high-quality medical care, and potential vocational training if your injury is permanent. There really are only positive reasons for working with a Wisconsin worker’s compensation attorney.
## What is on The Line With My Worker’s Compensation Benefits?
Before you attempt to handle your claim on your own, you should have a clear understanding of what is at stake. In Wisconsin, the following benefits can be expected out of a successful worker’s compensation claim:
- Short-term wage replacement of two-thirds of your average weekly wages
- Full medical care for the work-related injury
- Potential Permanent Partial Disability
- Potential Vocational Retraining or Loss of Earning Capacity Claim
- Death benefits for the deceased worker’s spouse or children
### Reasons to Work With an Attorney
An attorney improves your chances of success by offering strong negotiating power, gathering evidence, appealing denials, representing you in hearings, filling out all necessary paperwork properly and timely, and instructing you on the process all throughout. It is in your own best interest to have an attorney represent you.
### 1. Your Likelihood of Success Increases
The majority of worker’s compensation claims are eventually accepted by insurers after an appeal, according to the [Engineering News Record](https://www.enr.com/articles/44838-research-workers-compensation-claim-denials-inch-upward#:~:text=The%20denial%20rate%20for%20workers,insurance%20brokerage%20and%20risk%20advisor). In most of these successful appeals, the claimant did work with a worker’s compensation attorney.
Furthermore, many of these claims that are initially rejected—for a number of reasons—end up being accepted months or even years later after an appeal, which is another important reason to work with an attorney.
### 2. An Attorney Understands the True Value of Your Claim
Let us assume that you decide to file the worker’s compensation claim by yourself, without an attorney. In this scenario, your injury is a fractured arm that requires surgery to repair. You will be out of work for at least four months, and you will require physical therapy for an additional three months before you can return to your normal job duties. So, how much is this injury “worth?”
You likely do not know, which is understandable because only a highly experienced worker’s compensation attorney would be able to determine all of your costs and projected costs. The first step in a successful negotiation with the other side’s insurance company is understanding what your claim is worth. If you settle a worker’s comp claim without a lawyer, you are immediately on uneven ground simply because you do not know the true value of your injury.
### 3. Your Claim Benefits Will be Greater
The monetary value of your benefits can have a long-lasting impact on your future and your family. While it may be tempting to take the money the insurance company offers you because you are worried they will withdraw the offer if you say no or put up any fight, your chance of receiving the total and fair amount that you deserve goes down if you do not work with an attorney.
For example, let us assume you have carpal tunnel syndrome because of the line of work that you have performed for your employer over the last 15 years. The option the insurance company gives you, without a lawyer, is as such: compensation for physical therapy and one month of partial wage replacement based on temporary partial disability. It may seem fair at first, but it probably is not.
With an attorney, you are much more likely to receive fair benefits, which might include medical expenses to perform carpal tunnel syndrome surgery, and two months of total disability wage replacement, followed by three months of partial disability, because carpal tunnel syndrome surgery takes at least three months to heal, with up to a year before full strength returns—if ever—according to the [WebMD](https://www.webmd.com/pain-management/carpal-tunnel/do-i-need-carpal-tunnel-surgery).
### 4. Your Employer/ The Insurance Company Might Be Hiding Something From You
Whether you are owed more than they are offering or the insurance company knows that your injuries are substantially more severe than you understand (and will require more expensive medical care) if you decide to accept an offer from your employer without first talking to an attorney, you may end up being sorry.
### Call a Green Bay Worker’s Compensation Lawyer Today
If you were injured on the job, got sick as a result of workplace exposure, or have already filed a claim and were denied the benefits you sought, it is time to call an attorney. By working with an attorney, you do not have to worry about filing the mountain of stressful paperwork that the worker’s compensation process requires. You do not have to gather and submit evidence of your injury.
You do not have to negotiate settlement terms with a multi-billion-dollar insurance company. And, you do not have to go through the appeals process on your own if the claim is denied. Our Milwaukee worker’s compensation attorney is here to help. Contact Gillick, Wicht, Gillick & Graf today at **414-257-2667** to schedule a free consultation with a [Milwaukee worker’s compensation lawyer](https://www.gillickwicht.com/workers-compensation).
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**Tags:** workers' comp
---
### [Which Profession has the Highest Worker's Compensation Claims?](https://www.gillickwicht.com/which-profession-has-the-highest-workers-compensation-claims/)
**Published:** April 29, 2022
**Author:** admin
**Content:**
Accidents and injuries can happen on the job in any profession, but some professions are inherently more dangerous than others. Research has identified the industries and professions that have the highest level of worker’s compensation claims annually, and some of these jobs may surprise you.
At Gillick, Wicht, Gillick & Graf, our experienced and knowledgeable [Milwaukee worker’s compensation lawyers](https://www.gillickwicht.com/workers-compensation) have handled cases in every major industry where worker’s compensation claims are common. We are prepared to fight for the benefits that you are entitled to after an accident on the job. To learn more about your legal options after a workplace injury, call or contact our office in Milwaukee to schedule a consultation for your case today.
## Professions with the Most Worker’s Compensation Claims
According to the Insurance Information Institute, the top ten private occupations with the largest number of worker’s compensation injuries and illnesses reported in 2020 comprise the following:
1. Nursing assistants (96,480 claims)
2. Registered nurses (78,640 claims)
3. Construction workers, laborers, and freight, stock, and material movers (64,930 claims)
4. Truck drivers, both heavy and tractor-trailer (43,500 claims)
5. Stockers and order fillers (31,280 claims)
6. Licensed practical and licensed vocational nurses (29,230 claims)
7. Retail salespeople (28,110 claims)
8. Personal care aides (27,750 claims)
9. Production workers (26,850 claims)
10. General maintenance and repair workers (23,400 claims)
In total, the top ten private professions with worker’s compensation claims in 2020 had a combined 450,270 claims filed nationwide and comprised over 38 percent of all worker’s compensation claims that year.
### Common Causes of Worker’s Compensation Accidents
There are many reasons why these industries have the most worker’s compensation claims across the country. Many of these occupations have dangerous work sites, routinely deal with hazardous materials, or engage with customers, clients, or patients who can be hostile. Some of the most common causes cited in worker’s compensation cases include the following:
- Trip and fall accidents
- Slip and fall accidents
- Overexertion
- Assaults and intentional acts of violence
- Struck by objects
- Fall
- Scaffold and ladder collapses
- Auto accidents
- Caught in or between objects
- Repetitive motion injuries
- Failure to properly train employees
- Failure to maintain a safe work area
- Crane accidents
- Electrocutions
- Backhoe and forklift accidents
- Defective equipment
- Exposure to toxic or dangerous substances
Regardless of the reason, a workplace accident may entitle an injured employee to a wide range of worker’s compensation benefits.
### Compensation for Worker’s Compensation Claims
[Wisconsin worker’s compensation benefits](https://dwd.wisconsin.gov/wc/workers/) cover the costs of an injury after a person has been injured on the job. This includes the coverage of all medical bills associated with the accident as well as all transportation expenses to and from medical care. Worker’s compensation also covers any vocational rehabilitation and training, and in the worst cases, it will also cover the funeral costs and death benefits for survivors.
Worker’s compensation benefits also provide wage relief during and after a workplace accident. The various forms of wage relief are available to employees hurt on the job:
### Temporary Total Disability
Two-thirds of a worker’s weekly wage prior to the injury continues until the employee returns to work or reaches maximum medical improvement. This is available if a worker is unable to return to work while recovering from an injury or could return to work with restrictions, but has not been offered a job with those accommodations.
### Temporary Partial Disability
These benefits are available when a worker can return to work but can no longer earn as much as they could prior to the injury. Temporary partial disability is two-thirds of the difference between the pre-injury and post-injury wages.
### Permanent Partial Disability
Once maximum medical improvement is reached, a doctor will determine if there is any permanent disability that resulted from the workplace accident. Permanent partial disability wages can be as much as two-thirds of the pre-injury wages, but they are capped at $362 per week.
### Permanent Total Disability
If a workplace accident occurs in one of the industries with the highest number of claims or during any other job that renders an employee completely unable to work, they may receive permanent total disability benefits. Certain injuries come with a presumption of permanent total disability, such as the loss of both eyes or limbs.
Related to permanent total disability benefits, payment is also made to employees who are permanently disfigured as a result of their workplace accident, so long as the body part could be visible at work and could result in wage loss.
### How Our Wisconsin Worker’s Compensation Lawyers Can Help
After an accident at work, the last thing that an employee wants to deal with is the legal handling of a worker’s compensation claim while they are recovering. An experienced Wisconsin worker’s compensation lawyer shoulders the burden of the legal process and ensures that their client receives full and fair benefits for their workplace accident.
A lawyer files the proper paperwork with the employer and all relevant agencies. They ensure that the injured worker’s expenses are covered and benefits are paid timely. If there is a dispute as to the extent of the injuries, an attorney can protect and defend their client’s rights and access to benefits. If necessary, a lawyer can even take the case to court in order to ensure that an injured employee gets the compensation that they deserve.
To learn more about how a knowledgeable lawyer can assist with your worker’s compensation case, talk to our office today.
## Call Our Milwaukee Worker’s Compensation Lawyers
While some occupations have more worker’s compensation claims than others, any job can result in a workplace injury. Have you or a loved one in the Milwaukee area been hurt while at work? If so, you may be entitled to benefits under Wisconsin worker’s compensation laws.
If you would like to learn more about your legal options after an accident, call the office at [414-257-2667](tel:4142572667) to speak with an experienced and proficient [Milwaukee worker’s compensation attorney](https://www.gillickwicht.com/Contact.shtml) at Gillick, Wicht, Gillick & Graf during a free, no-obligation consultation today.
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**Tags:** worker's compensation
---
### [How To Appeal a Worker's Compensation Claim Denial in Wisconsin](https://www.gillickwicht.com/how-to-appeal-a-workers-compensation-claim-denial-in-wisconsin/)
**Published:** July 6, 2021
**Author:** admin
**Content:**
Were you hurt on the job in Wisconsin? If so, worker’s compensation benefits should provide medical coverage and wage loss benefits. Unfortunately, some injured workers struggle to get access to the financial support that they rightfully deserve.
This raises an important question:
## Can you appeal a worker’s compensation claim denial in Wisconsin?
The answer is an unequivocal ‘yes’—you have the right to challenge an unfavorable decision. Here, our [Wisconsin worker’s compensation attorneys](https://www.gillickwicht.com/workers-compensation) explain what you need to do to file an appeal.
### Start the Worker’s Comp Appeals Process By Requesting a Hearing
If your worker’s compensation claim was denied in Wisconsin, you should receive a written denial letter. The letter should include some basic information about the denial and your appeal rights. Most importantly, the letter should explain why your worker’s compensation claim was denied.
On appeal, you will have to address the reasoning for denial. To initiate your appeal, you must request a hearing from the Wisconsin Department of Workforce Development. You can request a worker’s comp appeal by completing and submitting [Form WKC-7](https://dwd.wisconsin.gov/dwd/forms/wkc/pdf/wkc-7-e.pdf).
### Your Worker’s Compensation Claim Will Be Assigned to an Administrative Law Judge (ALJ)
When you appeal a worker’s comp denial in Wisconsin, your claim will be assigned to an individual Administrative Law Judge (ALJ). Before you go before an ALJ, it is essential that you consult with an experienced Milwaukee worker’s comp lawyer. An attorney will review your denial letter and help you gather and prepare all of the supplemental evidence you need to support your appeal.
### You Can Appeal an Unfavorable Decision From an ALJ
The Administrative Law Judge does not necessarily get to make the final decision in your case. If your worker’s comp claim is denied a second time by an ALJ, you have the right to appeal to the Wisconsin Labor and Industry Review Commission. However, there is a very strict deadline to appeal an ALJ decision. You only have 21 days from the date an adverse ALJ decision was rendered to appeal to the Commission.
### Appealing a Worker’s Comp Denial to a Wisconsin Court
If your worker’s comp claim was denied by the Wisconsin Labor and Industry Review Commission, you may be able to appeal to a state circuit court. That being said, Wisconsin courts have somewhat limited authority to review worker’s comp denials. Wisconsin courts will only review so-called “questions of law,” not disagreements on “questions of fact.” If you have any questions about appealing a worker’s comp claim to state court, an experienced attorney can help.
## Frequently Asked Questions About Appealing Wisconsin Worker’s Comp Claim Denial
If your workers’ compensation claim in Wisconsin has been denied, it’s important to remember that you’re not alone in this situation, and there are steps you can take to seek a resolution. This comprehensive guide addresses some of the most common questions regarding the appeal process for a denied workers’ comp claim in Wisconsin.
### Why Was My Claim Denied?
Understanding why your claim was denied can help you prepare an effective appeal. Here are some common reasons for denial:
**Insufficient Medical Evidence** – This occurs when the medical documentation provided does not adequately support your injury or illness as work-related, or when it lacks details about your diagnosis or treatment plan.
**Missed Deadlines** – Each stage of the claims process has strict deadlines. Failing to submit necessary documents or requests on time can result in a denial.
**Disputes Over Whether the Injury is Work-Related** – There may be disagreements about whether the injury occurred in the course of your employment, which can lead to a denial.
**Employer or Insurer Disagreement with Your Doctor’s Findings** – Sometimes, the insurer or employer may question the validity of your doctor’s assessment, resulting in a denial of your claim.
### Can I Appeal the Denial?
Absolutely. The appeal process allows you to challenge the decision made by the insurance company. You can begin your appeal by filing through the [Wisconsin Department of Workforce Development](https://dwd.wisconsin.gov/) (DWD). If your appeal to the DWD does not yield a favorable outcome, you can escalate your case to the Labor and Industry Review Commission (LIRC). Should LIRC also deny your appeal, you still have the option to take your case to a Wisconsin Circuit Court.
### What’s the Deadline to Appeal?
It’s crucial to adhere to the deadlines associated with your appeal. You have 30 calendar days from the date the LIRC decision was mailed to you to file a summons and complaint with the circuit court. Note that this deadline is based on the mailing date of the decision, not the date you actually received it. Therefore, it’s advisable to keep an eye on your mail to ensure you do not miss this critical deadline.
### What Documents Do I Need?
To prepare for your appeal to the circuit court, you need to gather and submit the following documents:
**Summons** – This document officially notifies the defendants (the parties you are suing) that a lawsuit has been initiated against them.
**Complaint** – This is a detailed written statement outlining your case, including the reasons for the appeal and why the previous decision should be reconsidered and possibly reversed.
**Authenticated Pleadings** – These are court-stamped copies of all the documents you are submitting in support of your case. They must be properly authenticated to be accepted by the court.
### Do I Need a Lawyer?
While it is possible to represent yourself in the appeals process, having legal representation is highly recommended. An attorney experienced in workers’ compensation cases can help you navigate the complexities of the law, prepare your documents correctly, and represent your interests effectively. Additionally, if you are an employer operating as a corporation or LLC, Wisconsin law mandates that you must be represented by an attorney during these proceedings.
### Where Do I File?
When you are ready to file, you need to submit your appeal to the circuit court located in the Wisconsin county where you reside. If you are a non-resident, your filing should occur in the county where the work-related injury took place. Make sure to check the specific court’s filing requirements and procedures to avoid any potential delays.
### How Do I Serve the Commission?
To complete the appeal process, you must serve authenticated pleadings to the LIRC in Madison alongside your circuit court filing. This must also be completed within the same 30-day timeframe. Keep in mind that delays in mailing or handling do not extend this deadline, so it is important to plan your submissions carefully to ensure compliance with the requirements. By following these guidelines, you can better navigate the appeal process for your denied workers’ compensation claim and work towards a favorable resolution. Remember to gather all necessary documentation, adhere to deadlines, and consider legal representation to enhance your chances of success.
### Call Our Wisconsin Worker’s Comp Appeal Lawyers Today
At Gillick, Wicht, Gillick & Graf, our worker’s compensation lawyers in Milwaukee are focused on helping our clients maximize their financial benefits. If your work injury claim was denied, we can provide support. Call us at 414-257-2667 or [send us a message online](https://www.gillickwicht.com/Contact.shtml) for a free review of your worker’s comp denial. With an office in Milwaukee, we handle worker’s comp appeals throughout the surrounding area, including in Appleton, Brookfield, Waukesha, Janesville, and Kenosha.
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**Categories:** Workers Compensation Attorneys
**Tags:** worker's compensation, workers' comp
---
### [Common Worker's Comp Adjuster Tricks and Tactics](https://www.gillickwicht.com/common-workers-comp-adjuster-tricks-and-tactics/)
**Published:** February 25, 2022
**Author:** admin
**Content:**
Employees injured on the job have a right to worker’s compensation no matter whose fault the accident was. However, employers and the insurance carriers sometimes drag their feet, argue that the employee’s injuries are not that severe, or otherwise dispute the claim in order to save on costs. These include higher insurance premiums for the employer and lost finances for the insurance company.
Worker’s comp insurance adjusters, who evaluate each worker’s comp claim, can have a huge impact on whether or not you receive fair compensation. If your worker’s compensation claim has been denied, you believe that the benefits that you have been offered are less than what your injuries deserve, or your benefits were cut short, a [Wisconsin worker’s comp lawyer](https://www.gillickwicht.com/workers-compensation) can help.
## Reducing Benefits Means The Insurance Company Saves Money
The worker’s compensation insurance industry has been, and continues to be, the most profitable insurance industry within casualty insurance, according to [AmTrust Financial](https://amtrustfinancial.com/blog/insurance-products/workers-compensation-insurance-industry-outlook). As such, the worker’s compensation insurance industry is more profitable than both the homeowner’s/property insurance industry as well as the auto insurance industry.
How are such high profits possible? First of all, employers pay a relatively high monthly premium, which in reality comes out of each employee’s wages. Secondly, insurance companies pay relatively little when it comes to compensating injured workers. They do not have to cover the employee’s full lost wages, and other damages like pain and suffering are not included in a worker’s compensation claim.
This is unlike a personal injury claim filed after a car wreck, for example. To further reduce costs, worker’s comp insurance adjusters work diligently to devalue claims so that their companies can either pay less when it comes to wage replacement or medical services.
## Top Six Tactics Used by Worker’s Comp Insurance Adjusters
The job of a worker’s comp insurance adjuster is to compile information about the claim such as:
- How did the injury happen?
- Where did it take place?
- What was the diagnosis?
- Does the insurance company have to pay out the claim under the regulations set forth by the Workers Compensation Act?
If the claim must be paid with the information the worker’s comp insurance adjuster gathers, the next step is to determine how much to pay and what benefits to pay. With the primary objective of paying as little as possible, there are plenty of tricks and tactics that worker’s comp insurance adjusters have when it comes to denying or settling claims. Adjusters are trained to attempt and force the hand of the injured worker, also known as you, to accept an offer that is less than you deserve.
1. **Delaying Approval**—By simply delaying payment, a worker’s comp insurance adjuster hopes that you will simply give up, return to work, and end your attempts at seeking fair compensation for your injuries. After all, they know that you cannot afford to stay home from work without receiving your wages, especially if you have hospital bills to pay.
2. **Making a Quick, Low Offer**—An insurance company can save time and money by quickly making a settlement offer that is far less than what they know you will be able to receive. In this case, the adjuster is simply hoping that you are desperate enough to take it without asking too many questions.
3. **Offering to Put You On Light**-Duty Work—A doctor may clear you for light-duty work, such as working in the office instead of more intensive manual labor, even if you know that you cannot perform this job. An insurance adjuster will take this opportunity to offer you light-duty work and then deny your claim if you refuse. And, even if you accept to be put on light duty work, you may be suddenly taken off light duty before you are fully healed, and be expected to continue on with your normal duties as before.
4. **Putting You on Light**-Duty That Is Not Actually Light—You may be put on light-duty work, only to find that it is no such thing. In this case, you could lose your benefits simply by being tricked into a light-duty job that was anything but.
5. **Having a Private Investigator Trail You**—Insurance companies go to great lengths to get out of paying what they owe, including hiring expensive private investigators to follow injured workers and take pictures of them. This can be at their home or about town, all in hopes of gathering information or pictures that seem to disprove or cast doubt on the severity of the worker’s injuries.
6. **Taking Your Statement**—If an insurance adjuster wants to talk to you over the phone, they may try to have the conversation recorded. You are not required to give a recorded statement in Wisconsin. If you do though, anything you say can be used to devalue your claim, even if you said something that was taken out of context or stemming from confusion. It is not uncommon for an accident victim to have a hazy memory of the exact details concerning their accident, and a worker’s comp insurance adjuster will use this against them.
## You Have a Legal Right to File a Worker’s Compensation Claim
In addition to the tactics used by worker’s comp insurance adjusters, you may also feel pressure from your employer to “stop complaining and just get back to work.” This pressure, in some cases, may come in the form of an actual or implied threat to fire you if you choose to file a worker’s compensation claim. However, Wisconsin law protects you from retaliatory termination such as this. Your employer cannot legally fire you for filing a worker’s comp claim. Furthermore, under 102.35(3), [your employer cannot refuse to rehire you](https://docs.legis.wisconsin.gov/statutes/statutes/102/35/3) after being injured or filing a claim unless they have reasonable cause.
## Call a Wisconsin Worker’s Comp Lawyer Today
If you were hurt on the job, denied benefits, or your benefits were suddenly cut short, you need to contact a [Wisconsin worker’s compensation attorney](https://www.gillickwicht.com/Contact.shtml) to set things straight. Call the worker’s comp lawyers at Gillick, Wicht, Gillick & Graf today to schedule a free consultation.
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**Categories:** Workers Compensation Lawyers
**Tags:** workers' comp
---
### [Wisconsin Worker's Compensation: Understanding Work Restrictions](https://www.gillickwicht.com/wisconsin-workers-compensation-understanding-work-restrictions/)
**Published:** January 8, 2020
**Author:** admin
**Content:**
Most injured workers want to get back on the job as soon as they can. Unfortunately, the nature of an accident may prevent you from resuming some or all duties of your previous position. To account for this, injured employees may be able to return to their job with work restrictions or a light-duty assignment. Here, our [Milwaukee, WI worker’s comp lawyers](https://www.gillickwicht.com/workers-compensation "Milwaukee Workers’ Compensation Lawyers") explain the key things you need to know about work restrictions in Wisconsin.
## Work Restrictions Must Be Carefully Documented
Work restrictions must be documented by a qualified medical professional. Whether you can return to work with restrictions should be decided by you and your doctor. Should a doctor clear you to go back to work with restrictions, you need to ensure you have comprehensive documentation. Some common examples of work restrictions include:
- A modified schedule
- Seated-only work
- No lifting of heavy objects
- Limitations on physical activity.
### Temporary Partial Disability (TPD) Benefits Will Account for Reduced Wages
If you are returning to work on a limited basis — whether on a part-time schedule or in a different position — your employer does not necessarily have to pay you full-time wages. Fortunately, worker’s comp benefits can make up the difference in your income. As explained by the [State of Wisconsin Department of Workforce Development](https://dwd.wisconsin.gov/wc/insurance/training/training-opp.htm), temporary partial disability (TPD) benefits are available to injured workers who have seen a reduction in their hours or reduction in their wages due to restrictions.
### Employers Have a Duty to Respect Work Restrictions
A medically documented work restriction is not an optional guidance from employers — your company must respect your restrictions. Pressuring an employee to do tasks they are not physically capable of performing is a very serious safety issue. It is also a violation of a worker’s legal rights. Wisconsin employers should take reasonable steps to accommodate an employee’s work restrictions and help them find a suitable, alternative position.
### You Have a Right to Recovery from Your Injuries
Workers who were seriously injured on the job have the right to take the time they need to recover from their injuries. Make sure your doctor understands your injuries and your current condition so you can get the work restrictions you need. When you return to the job, be sure to get a copy of your work restriction to your employer. You are not required to perform work that is outside your restrictions. Do not rush the process. Take the time you need to heal.
## Frequently Asked Questions About Medical Work Restrictions
### What Are Medical Work Restrictions?
Medical work restrictions are limitations set by your treating physician to prevent further injury and support safe recovery. They specify what tasks you can and cannot perform at work (e.g., no lifting over 10 lbs, only seated work, limited standing).
### Must Employers Accommodate These Restrictions?
Employers are not always required to accommodate these restrictions, but many states (like Oregon and California) encourage or mandate accommodations if a suitable job is available. Employers may offer light-duty or modified work that fits within your restrictions.
### What If My Employer Refuses to Accommodate?
You cannot be compelled to work outside your restrictions. If your employer refuses to accommodate you, your options include:
- Staying off work and continuing to receive benefits.
- Consulting a workers’ compensation attorney.
- Filing a complaint with your state’s labor or workers’ compensation board.
### Can I Refuse Light-Duty Work?
If your doctor has not cleared you for light-duty work, you can refuse it without penalty. However, if you have been medically cleared and you refuse, you may lose wage replacement benefits.
### Will I Be Paid Less on Light-Duty Work?
Yes, if the light-duty position pays less than your regular job. You may qualify for partial disability benefits to help make up the difference.
### How Are Restrictions Determined?
Doctors use various methods to determine restrictions, including:
Medical exams and imaging
Functional Capacity Evaluations (FCEs)
AMA Guidelines (risk, capacity, tolerance)
## Discuss Your Case with Our Milwaukee Worker’s Comp Lawyer Right Away
At Gillick, Wicht, Gillick & Graf, our Wisconsin worker’s comp lawyers have been fighting to protect the rights of injured workers since 1948. If you have questions about work restrictions, we can help. To request a free, no-strings-attached review of your case, please [contact us](https://www.gillickwicht.com/Contact.shtml) today at (415) 257-2667. From our law office in Milwaukee, we represent injured workers throughout Southern Wisconsin, including Racine, Kenosha, Waukesha, West Allis, and Shorewood.
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**Categories:** Workers' Compensation
**Tags:** work restrictions, worker's compensation
---
### [What You Need to Know About Medical Work Restrictions and Worker's Comp in Wisconsin](https://www.gillickwicht.com/what-you-need-to-know-about-medical-work-restrictions-and-workers-comp-in-wisconsin/)
**Published:** March 8, 2022
**Author:** admin
**Content:**
If you are like most workers, you want to get back on the job as soon as you can, workers’ comp can help. After all, according to various studies and the Centers for Disease Control and Prevention, “the [chances of returning to work](https://blogs.cdc.gov/niosh-science-blog/2017/04/12/worker-recovery/) drop dramatically the longer the worker remains away from work.”
Even if employers are not pressuring their employees to return to work, many injured workers try to get back as soon as possible to:
- Reconnect with co-workers.
- Regain their sense of purpose in life.
- Put their injury behind them.
- Earn a paycheck.
However, your injuries may prevent you from returning to the same position. This is because they could prevent you from being able to complete all the same duties you held prior to the work accident. But, it may be possible to return to work on light duty, or with certain medical work restrictions that take into account your ongoing pain and disability.
A [Wisconsin workers’ comp attorney](https://www.gillickwicht.com/workers-compensation) can help you navigate the many complexities of Wisconsin’s worker’s comp system, including the specific return to work pathways and work restricted light duty.
## What is a Medical Work Restriction?
A medical work restriction is any modification to your previous duties caused by your injury, which is not yet healed or has caused a long-term or permanent disability. There are two types of work restrictions:
1. Disability
2. Prophylactic
A work restriction caused by a disability is simply a modification of your duties caused by an inability to do a certain task. For example, your disability (either temporary or permanent), caused by loss of strength and mobility following shoulder surgery, may prohibit you from lifting objects more than 20 pounds.
A Prophylactic work restriction is one that is created to make sure the employee does not hurt themself further. For example, you may have white finger syndrome caused by using vibrating tools at work. While it is technically possible for you to continue using such a tool, a prophylactic work restriction would restrict you from doing so. This is because further use of these tools would cause more damage to your nerves, and worsen your condition. Examples of medical work restrictions include the following:
- A modified work schedule
- Additional breaks or rests
- Seated-only work
- No lifting 30 pounds or more
- No lifting 20 pounds or more
- No lifting a certain amount of weight a specified number of times per shift
- No squatting or kneeling
- No above-shoulder reaching or lifting
- No using a particular machine, device, instrument, vehicle, or tool
- No longer doing the repetitive movement that caused the injury in the first place
### You Need to Document Your Work Restrictions
Any work restrictions you have need to be created by a medical professional. Any such medical documents or doctor’s notes need to be preserved so it is highly recommended to make copies. Then, share these documents with your employer as evidence of your ongoing disability and need for a modified workload.
The most important part of this process is to make sure that your doctor understands the nature of your job and the demands it presents. Also, they recognize the condition you are in, and that they create the medical work restrictions you need to heal while returning to work.
### What if I Don’t Want to Return to Work Yet, Even With Modified Duties?
Sometimes doctors (who are picked by the employer’s workers’ comp insurance carrier) decide that an employee is fine to return to work on light duty or with medical restrictions. This can happen even when the workers themselves do not agree. The pain may still be too great to return to work, and only you know your own level of pain. It cannot really be measured by a doctor.
However, according to the [Wisconsin Department of Workforce Development](https://dwd.wisconsin.gov/wc/workers/) (DWD), if your doctor recommends it, you should make an attempt to return to work, even if you are not 100% healed or ready for it. By doing so, you are in a better position to receive workers’ compensation benefits than if you simply refuse to go back to work.
### Your Employer Does Not Have to Rehire You
If you get hurt on the job, the state of Wisconsin does not require that your employer re-hire you when you are able to go back to work. Though it certainly is illegal for your employer to fire you for filing a workers’ comp claim, your employer does not legally have to hold that position for your return. But, if suitable employment is available, and it is “within your physical and mental limitations, your employer should offer you the employment,” according to the DWD. And, if your employer does not rehire you for this position in these circumstances, it is within your rights to file a claim for wage compensation, equal to up to 12 months of wages. As such, you should not feel pressured to return to work without the medical restrictions that your doctor ordered.
If your employer tries to strong-arm you into doing something against the interests of your own health, you need to talk to an attorney at once, because your rights have just been violated.
### Reduced Wages For Part-Time Work or Different Position
Your employer does not have to pay you the same wages as you received prior to your injury if you are returning on a part-time basis, or on light/restricted duty. This means that you could end up returning to work, still injured from a work-caused injury, getting paid less than you used to. Fortunately, the difference in your income can be made up by temporary partial disability (TPD) benefits.
## Call Our Wisconsin Workers’ Comp Lawyers Today
Returning to work before you are 100 percent healed is a tricky situation. On one hand, your desire to get back to work and earn an income is legitimate. On the other hand, resting and recovering for a longer period of time may result in better and more complete healing. These goals need to be balanced.
For legal help ensuring that your physical and financial health are both taken into account, call the [Wisconsin worker’s compensation lawyers](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf today for a free consultation.
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**Categories:** Personal Injuruy Lawyer
**Tags:** medical restrictions, workers' comp
---
### [How Long Can I Receive Workers’ Comp In Wisconsin?](https://www.gillickwicht.com/how-long-can-i-receive-workers-comp-in-wisconsin/)
**Published:** December 14, 2021
**Author:** admin
**Content:**
For most people who are injured on the job, it is only natural to wonder how long they can receive worker’s compensation benefits. After all, you really don’t know immediately after you get hurt how long you will miss work.
[Wisconsin worker’s compensation law](https://docs.legis.wisconsin.gov/2011/statutes/statutes/102.pdf) mandates a three-day waiting period before benefits accrue unless you are out of work for seven days, but that really impacts benefits if you aren’t out of work long enough. Depending upon how severe your injury is, you might not really know how long you will be out of work. If your injury is severe enough, it could be years or even for the rest of your life. So, how long can you collect worker’s compensation benefits?
## How Long Your Benefits Last Depends Upon Your Injury
The answer to how long you can collect worker’s compensation benefits, realistically, is “it depends.” That makes sense when you think about it. Relatively minor injuries likely will result in a fairly short benefits period. If you sprain an ankle and are out of work for a short while, but return to work after two weeks at 100 percent, your benefits will end when you return to work.
More serious injuries can result in a longer payment schedule. For serious injuries the injured worker would receive 2/3rds of their average weekly wage until their doctor says they are done healing from the injury. There is no statutory limit to this amount of time. They would then potentially receive additional benefits for permanent partial disability if their doctor thinks they have permanent impairment.
Under Wisconsin worker’s compensation benefits law, the amount of benefits for time off (temporary total disability) is based upon:
- How much do you normally earn in weekly wages
- How many weeks are you off work
For Permanent Partial Disability, the amount of benefits is based upon:
- How serious your injury or disability is, calculated as a percentage by your doctor, which can be anywhere from 0 percent to 100 percent.
- Which body part you injured. Each body part has a value in Wisconsin.
- What year you got injured in. This sets the rate of your benefit.
### Permanent Total Disability Entails Lifelong Benefits
The ultimate answer to how long you can receive worker’s compensation benefits, of course, is that you can receive them for life if your injury qualifies. You really don’t want your injury to qualify for lifetime benefits, though, because that means you have suffered an injury resulting in permanent total disability. That doesn’t mean you’re in a comatose state for life, although that certainly would count as a permanent total disability. In fact, you could well still be able to live on your own and take care of yourself.
The key element to permanent total disability is that you are not able to return to employment, and doctors have determined that you will not ever be able to do so. The state maintains detailed guidelines to assist physicians in determining the extent of your permanent disability.
Medical expenses, of course, are separate from worker’s compensation payments for lost wages or for permanent disabilities. Your medical expenses are fully reimbursed under worker’s compensation for as long as you incur such expenses as a result of your workplace injury. Naturally, long-term medical expenses frequently become the subject of disputes with employers or the worker’s comp insurer, particularly for very long-term or expensive medical care.
### How Many Worker’s Compensation Cases Result in Permanent Disability?
While the exact percentages of workers’ compensation cases involving permanent disability can vary significantly across different states and industries, research indicates that approximately [30% to 40% of these cases result in some form of permanent disability](https://www.wcrinet.org/reports/who-obtains-permanent-partial-disability-benefits-a-six-state-analysis), either partial or total. Below, we provide a more detailed breakdown of this important topic:
#### Types of Permanent Disability
1\. **Permanent Partial Disability (PPD)**: This is the most commonly encountered type of permanent disability. It applies to situations where the worker has sustained an injury that prevents them from performing some of their job functions but allows them to retain the capacity to work in some capacity. The degree of impairment can vary widely, and this can affect the worker’s earning potential and overall quality of life.
2\. **Permanent Total Disability (PTD)**: This category is less frequently observed and encompasses cases where a worker is completely unable to resume any form of employment due to their injuries. This designation is typically made when a worker’s medical condition severely limits their ability to engage in any gainful activity, whether it is related to their previous occupation or any alternative employment.
#### How the Determination Is Made
The determination of permanent disability usually occurs after a worker has reached what is known as Maximum Medical Improvement (MMI). At this point, a qualified medical professional will conduct a thorough evaluation and assign an impairment rating based on a variety of factors, including the physical and mental limitations resulting from the injury. This rating is vital as it not only assesses the severity of the disability but also helps establish whether the impairment is permanent and to what extent it impacts the worker’s ability to perform their job.
#### Variations Across States
It’s important to note that the prevalence and assessment of permanent disability can differ significantly from state to state, due to variations in legislation, the types of industries present, and the standards used for medical evaluations. In states like California and New York, there are detailed schedules of ratings that provide clear guidelines for evaluating permanent disabilities. These states often have their own methodologies and criteria to assess impairments.
Conversely, other states may lean more towards the guidelines set forth by the American Medical Association (AMA), which can lead to different outcomes based on the interpretation of those standards. Understanding the nuances of permanent disability in workers’ compensation cases is crucial for both workers and employers, as it directly impacts the support systems available and the management of workplace injuries.
## If You Are Hurt At Work, You Should Talk To Our Milwaukee Work Injury Attorney
If you are injured at work, it is likely that you will be out of work for just a few days or weeks. Even if you are out of work for months, though, your benefit payments should continue throughout your recovery from your workplace injury. In cases of severe injuries that result in permanent total disability, your benefits will last the rest of your life. That’s in a perfect world, of course, and your employer or their worker’s compensation insurer may want to challenge your benefits, the amount of those benefits, or the duration.
The [Milwaukee worker’s compensation attorneys](https://www.gillickwicht.com/Contact.shtml) at Gillick, Wicht, Gillick & Graf are there to defend your rights to proper compensation for your workplace injury, regardless of where you live in Wisconsin. Contact the [Milwaukee workplace injury lawyers](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf today at [414-257-2667](tel:4142572667). We will do all we can to ensure you get the compensation to which you are entitled when you are injured at work. We will evaluate your case for free without any obligation on your part. We work from our Milwaukee office, but Gillick attorneys represent injured employees throughout Wisconsin.
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**Categories:** Workers' Compensation
---
### [How Much Does Wisconsin Worker's Compensation Permanent Partial Disability Pay?](https://www.gillickwicht.com/how-much-does-wisconsin-workers-compensation-permanent-partial-disabilit-pay/)
**Published:** November 22, 2021
**Author:** admin
**Content:**
It is only natural that the first question in your mind if you are injured on the job is, how much will worker’s compensation pay me for this? In most cases, the answer usually is pretty straightforward. You will receive a well-defined amount for the time you miss at work, subject to conditions in the law such as a waiting period. Your medical bills will be fully reimbursed under most circumstances.
If you return to work, but still are not at 100 percent, but the condition is temporary and will heal, you will receive temporary partial disability payments if your hours or pay are cut as a result of the condition until you fully heal. But how is [permanent partial disability](https://dwd.wisconsin.gov/wc/medical/eval-ppd.htm) determined?
## Partial Disability Payments Have A Schedule For Amounts
Permanent partial disability payments operate on the same schedule for determining amounts. The Worker’s Compensation [Settlement Chart](https://dwd.wisconsin.gov/dwd/publications/wc/WKC-9572-P.pdf) sets forth the maximum weekly wages upon which benefits can be based. The chart is used with respect to permanent disability and temporary disability, full or partial, as well as most other workers’ compensation payments. Medical reimbursement payments are not based on your wages, being based instead on the actual amounts of your medical payments. In the absence of a dispute, your medical expenses are paid or reimbursed in full.
In addition to the settlement chart, when it comes to making compensation payment decisions, the worker’s compensation system has a number of other guidelines, as well. For instance, the extent of your disability as a result of your work injury, whether it is deemed temporary or permanent, is determined by your doctor.
The Wisconsin Department of Workforce Development, which has overall responsibility for administering the worker’s compensation system, has a number of guides and publications to help health care providers with disability decisions. One of these guides consists of detailed instructions for physicians to use in determining the extent of the disability as a percentage of unimpaired use of the particular body area injured. The guide covers injury to every body part you can imagine, with instructions for determining the percentage of disability based on the loss of use or range of motion suffered in the affected body part or area.
### Calculating Permanent Partial Disability Is A Pretty Straightforward Process
Wisconsin [worker’s compensation law](https://dwd.wisconsin.gov/dwd/publications/wc/WKC-9572-P.pdf) is pretty detailed about the amount to be paid in benefits, including for permanent partial disability. With a few pieces of information, it is pretty easy to calculate how much money you should receive for your injury. Unless you make a very small amount of money, your benefits will be based on a rate for the year of your injury. That rate for the year of your injury is found in the Settlement Chart.
In Wisconsin, each body part is worth a set amount of weeks of compensation. Those amounts are set by Statute.
Your physician will determine the extent of your permanent disability, expressed as a percentage of loss, according to [state worker’s comp guidelines](https://dwd.wisconsin.gov/dwd/publications/wc/WKC-7761-P.htm). After that, your permanent partial disability benefit payment is calculated based on the number that benefits would be paid for full permanent disability.
### The Number of Weeks Allotted Depends on Body Part Injured
The number of weeks varies depending upon the location of the injury. For example, if you suffered an injury to a knee, and your physician determined that you had a permanent partial disability of 20 percent in that knee, you would receive 20 percent of the benefit for full permanent disability. The full benefit is 425 weeks of payments at the maximum amount of $362 for an injury in 2021. That means you would receive 85 weeks of payments at the rate of $362 per week.
However, permanent disability payments are not made in a lump sum, nor are they paid out at the maximum weekly rate of $362. You are paid $1,568.67 every month until the full scheduled amount of your benefit has been paid. In the case of the knee injury described here, your total benefit for your permanent partial disability would be $30,770. You would receive payments of $1,568.67 for 21 months, with a slightly smaller payment in the 22nd month completing payment of the total amount due.
For instance, losing your arm to an accidental amputation at the shoulder would get you an amount equal to 500 weeks of benefit payments. If you injured your shoulder, you would get an amount equal to a percentage of 500 weeks of benefits.
If you suffered a permanent 10 percent loss of the use of your shoulder, you would receive benefits equaling 50 weeks of benefits payments. For a permanent disability to a body part, you don’t get a lump sum. Instead, you are paid monthly until the full amount of the scheduled benefit has been paid.
The number of weeks of benefits used to calculate your permanent partial disability payment varies depending upon the body part injured. For instance, if you lose a finger, the maximum for the total loss of function ranges from 160 weeks for a thumb to 28 weeks for your pinkie or little finger. The difference reflects the perceived value of the particular finger. You can do a lot of things without a pinkie finger, but your thumb is pretty critical.
Those differences carry over to other body parts, as well, such as toes, legs, and arms. Losing complete use of your arm at the shoulder is worth 500 weeks of benefits while losing complete use of your arm at the wrist pays an amount equal to 400 weeks of benefits.
Toes get no respect. In fact, losing the use of a big toe completely is worth only 83-1/3 weeks of benefits, while losing a pinkie toe gets you only payments equal to 20 weeks of benefits. For a partial disability, these total amounts are reduced to the percentage of your loss of function of the body part you injured.
### If You Get Hurt At Work In Wisconsin, Talk To Our Milwaukee Work Injury Attorney
If you suffer an injury at work in Wisconsin that results in a permanent partial disability, you should talk to a worker’s compensation injury attorney to be sure you receive all the benefits to which you are entitled. The [Wisconsin worker’s compensation lawyers](https://www.gillickwicht.com/Contact.shtml) of Gillick, Wicht, Gillick & Graf are ready to defend our clients’ rights, wherever you live in Wisconsin.
If you have been hurt at work, contact the worker’s compensation injury attorneys of Gillick, Wicht, Gillick & Graf at [414-257-2667](tel:4142572667). We’ll evaluate your case for no cost and no obligation. We work from our Milwaukee office but handle cases for injured employees all over Wisconsin.
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**Categories:** Workers Compensation Attorneys
**Tags:** Permanent Partial Disability, worker's compensation
---
### [Is There a Wisconsin Worker's Compensation Settlement Chart?](https://www.gillickwicht.com/is-there-a-wisconsin-workers-compensation-settlement-chart/)
**Published:** June 22, 2022
**Author:** admin
**Content:**
After an accident on the job, injured workers in Wisconsin face a number of difficult challenges. Physical recovery, as well as financial burdens, can all weigh on an injured employee, and questions about compensation are common. In [Wisconsin, the calculation of worker’s compensation](https://www2.illinois.gov/sites/iwcc/Pages/default.aspx) varies based on many different factors, but there are some compensation settlement charts that help make this determination based on the specific details of your case.
If you or someone that you know has been injured on the job in the Milwaukee area, the experienced and knowledgeable [Milwaukee worker’s compensation lawyers](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf can help. Our legal team is here to ensure that you receive full and fair compensation for your case. To learn more about your legal options and for an estimate of the damages in your case, call [414-257-2667](tel:4142572667) or [contact our office today](https://www.gillickwicht.com/Contact.shtml) to schedule a free consultation.
## Determining Temporary Total Disability
After a worker is injured on the job, they are entitled to temporary total disability benefits during their recovery. These benefits continue for as long as an employee is unable to work during their recovery or can return in some limited capacity, but their employer has not offered them suitable work.
The amount of temporary total disability benefits is calculated as two-thirds of the worker’s average weekly wage prior to their injuries, limited to a certain maximum amount per week. The federal Social Security Administration keeps charts of the maximum that an employee can collect in these benefits based on the date of their accident. In Wisconsin, the maximum temporary total disability benefits that a worker can collect are as follows:
| Date of Injury (On or After) | Weekly Temporary Total Disability Benefits |
|---|---|
| 01/01/12 | $854.00 |
| 01/01/13 | $879.00 |
| 01/01/14 | $892.00 |
| 01/01/15 | $911.00 |
| 01/01/16 | $936.00 |
| 01/01/17 | $961.00 |
| 01/01/18 | $994.00 |
| 01/01/19 | $1,016.00 |
| 01/01/20 | $1,051.00 |
| 01/01/21 | $1,094.00 |
| 01/01/22 | $1,159.00 |
An employee is also entitled to temporary partial disability benefits if they return to work with some limitations because of their injuries that result in lower pay. The amount of these benefits is two-thirds the difference between the pre-and post-accident wages, subject to the same maximum level as temporary total disability benefits based on the date of the injuries.
## Permanent Partial Disability Benefits
Once an injured worker reaches maximum medical improvement, a medical professional will evaluate whether there is any permanent limitation caused by the accident. If there is permanent disability to some extent, the employee will be given a permanent impairment rating, which is expressed as a percentage of lost bodily function.
The amount of compensation for [permanent partial disability benefits](https://dwd.wisconsin.gov/wc/medical/ppd-schedule.htm) is also calculated as two-thirds of a worker’s average weekly wage; however, the maximum amount of earnings from these benefits is much lower than temporary total or temporary partial disability payments. In 2020, the maximum amount that an employee could receive was $362 per week. These payments persist even if an employee returns to work.
The length of time that an injured worker receives permanent partial disability payments is calculated in one of two ways. The first is according to a schedule based on the loss of certain body parts.
If a permanent disability occurs to a body part listed on the schedule, the employee will receive benefits for the length of time listed if the loss is complete. For partial loss or disability, the length of time is multiplied by the percentage of loss. For example, if a worker lost fifty percent of the use of a body part with 150 weeks of benefits, the total length of payments would be reduced to 75 weeks. However, the amount of time that benefits are awarded can be lengthened if the loss was to the dominant hand or if multiple body parts listed on the schedule incurred some form of permanent loss. According to state statute, the length of time allowed for permanent partial disability listed in the schedule is as follows:
### Fingers
| Finger | Distal | 2nd Joint | Proximal | Metacarpal & metacarpal bone |
|---|---|---|---|---|
| Thumb | 50 weeks | | 120 weeks | 160 weeks |
| Index | 12 weeks | 30 weeks | 50 weeks | 60 weeks |
| Middle | 8 weeks | 20 weeks | 35 weeks | 45 weeks |
| Ring | 6 weeks | 15 weeks | 20 weeks | 26 weeks |
| Little | 6 weeks | 16 weeks | 22 weeks | 28 weeks |
### Arms & Legs
| Arm at the shoulder | 500 weeks |
|---|---|
| Arm at the elbow | 450 weeks |
| Hand/at wrist | 400 weeks |
| Palm where thumb remains | 325 weeks |
| All fingers on one hand at their proximal joints | 225 weeks |
| Leg at the hip joint | 500 weeks |
| Leg at the knee | 425 weeks |
| Foot at the ankle | 250 weeks |
### Toes
| Toe | Distal | 2nd Joint | Proximal | Metacarpal & metacarpal bone |
|---|---|---|---|---|
| Great | 12 weeks | | 25 weeks | 83 1/3 weeks |
| Second | 4 weeks | 6 weeks | 8 weeks | 25 weeks |
| Third | 4 weeks | 4 weeks | 6 weeks | 20 weeks |
| Fourth | 4 weeks | 4 weeks | 6 weeks | 20 weeks |
| Little | 4 weeks | 4 weeks | 6 weeks | 20 weeks |
### Eyes & Ears
| One Eye, by enucleation or evisceration | 275 weeks |
|---|---|
| One Eye for industrial use | 250 weeks |
| Total Deafness by accident or sudden trauma | 330 weeks |
| Total deafness, one ear from an accident or sudden trauma | 55 weeks |
If the body part affected is not one listed in the schedules, then the length of time for permanent partial disability payments is calculated as the percent impairment rating multiplied by 1,000 weeks. For example, if there was an impairment rating of 35%, then the total length of these payments would be (.35 x 1,000) = 350 weeks. To learn more, talk to our office today.
## Worker’s Compensation Settlement Statistics
💰 **Average Settlement Amounts**
- The **national average** workers’ comp settlement is around **$44,200**.
- This includes:
- **Medical costs**: ~$23,400
- **Indemnity payments** (lost wages): ~$20,800
🧠 **Highest Payouts by Injury Type**
| **Injury Type** | **Average Settlement** |
|---|---|
| Amputation | $120,000–$150,000 |
| Head/CNS injuries | ~$92,000–$95,000 |
| Burns | ~$60,000–$67,000 |
| Fractures/Dislocations | ~$50,000–$63,000 |
| Carpal Tunnel Syndrome | ~$30,500 |
| Concussions | ~$30,000 |
| Sprains/Strains | ~$20,000 |
🦵 **Settlements by Body Part**
| **Body Part** | **Average Settlement** |
|---|---|
| Neck | ~$89,000 |
| Arm/Shoulder | ~$49,800 |
| Lower Back | ~$50,000 |
| Knee | ~$50,000 |
| Ankle/Foot | ~$60,000 |
| Multiple Body Parts | ~$68,749 |
🚗 **Most Costly Causes of Injury**
- **Motor vehicle accidents**: ~$90,900 per claim
- **Burns**: ~$63,100
- **Falls/slips**: ~$51,000
- **Caught in equipment**: ~$46,900
📊 **Factors That Affect Settlement Amounts**
- Severity and permanence of injury
- Body part affected
- Ability to return to work
- Cost of future medical care
- State-specific compensation laws
## Call Our Wisconsin Worker’s Compensation Lawyers
Do you have more questions about how to use the schedules to determine the amount of compensation in your worker’s compensation case? Call the [Wisconsin worker’s compensation lawyers](https://www.gillickwicht.com/Contact.shtml) at Gillick, Wicht, Gillick & Graf today at [414-257-2667](tel:4142572667) to speak with one of our experienced attorneys and schedule a free consultation for your claims now.
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**Categories:** Worker’s Compensation Lawyer
**Tags:** workers' comp
---
### [How Violating Medical Work Restrictions Can Jeopardize Your Worker's Comp](https://www.gillickwicht.com/how-violating-medical-work-restrictions-can-jeopardize-your-workers-comp/)
**Published:** November 14, 2022
**Author:** admin
**Content:**
So, you were injured on the job. You may be able to go back to work if you have a light-duty assignment and medical work restrictions. But, what should you do if your employer violates your work restrictions? A medical work restriction is not optional for your company. Your employer must respect your limitations. It is a grave safety matter if the employer pushes you to perform work you cannot physically do. It also is a violation of your rights.
Below is important information about work restrictions after an injury and how your employer [violating your medical restrictions can affect a worker’s compensation claim](https://www.dol.gov/general/topic/workcomp). Talk to [Milwaukee worker’s comp attorneys](https://www.gillickwicht.com/) Gillick, Wicht, & Graf immediately if you think your employer is violating your medical work restrictions. You could be entitled to additional compensation.
## Medical Work Restriction Overview
A [medical work restriction](https://www.wisconsin.edu/workers-compensation/employees/what-does-workers-compensation-cover/) is a change to your job tasks caused by the injury. The injury may not be healed yet or could be a long-term disability. There are two kinds of medical work restrictions:
- Disability
- Prophylactic
A disability work restriction is a change to your job tasks caused by a physical inability to do the work. For instance, a back injury could prevent you from lifting objects weighing 25 pounds or more.
A prophylactic work restriction ensures you do not further injure yourself. For instance, you could have carpal tunnel syndrome from typing all day. It may be possible for you to continue to type for eight hours, but it could injure you further.
### Doing Unauthorized Work Can Harm Your Health
If you have filed a Wisconsin worker’s comp claim, you have the right to do only work your doctor says you can. When an employer tries to make you do work that is beyond your ability, you could damage your health. The last thing you want to do after a workplace injury is to perform work that exacerbates your injuries.
If your physician has you on work restrictions, it is critical to follow those limitations. First, let your employer know what your restrictions are. Then, try to perform the work the doctor authorizes you to do. If you cannot do those tasks, talk to your doctor about updating your medical work restrictions.
### Talk To Your Doctor About Medical Work Restrictions
After the injury, you will likely see your doctor in regular appointments. You should remind your physician to provide updated work restrictions. This may also be called a Report of Workability. This document is for your employer, so they know if you can work. In addition, this document tells them the tasks you can and cannot do if you can work.
A common medical work restriction may state something like ‘cannot lift items more than 10 pounds,’ or ‘do not perform work that involves repetitive use of the hands. You should ensure the work restrictions are logical according to your job. For example, if you operate a forklift but need to take prescription pain medication, your limitation should state you cannot use heavy machinery.
### Work Restrictions Need To Be Documented
It is primarily the role of your doctor to document that your workplace injury requires medical work restrictions. The better the medical professional documents the case, the more likely your employer will honor them. When your doctor approves you to return to work with medical restrictions, ensure everything is clearly laid out in the documentation. Common examples of medical work restrictions after an injury are:
- A modified work schedule. An example would be working a four-hour day instead of eight hours.
- Work that only involves sitting in front of a computer or workstation.
- No lifting objects over a certain weight.
- Other limitations on physical activity on the job.
### Tell Your Employer If There Are Violations
If you are supposed to do light duty, the best course of action with the employer depends on the situation. Sometimes your supervisor may simply order you by mistake to do work you cannot do because of medical limitations. If you think the company assigned you tasks by accident, talk to your manager about your restrictions. Show them documentation from your doctor detailing your medical work restrictions.
If the problem is not addressed immediately, inform HR in writing that this is a violation of your work restrictions. Remember that you do not need to perform work that violates what your doctor said you can do during your recovery.
## Steps To Remedy The Work Restriction Violation
If you were assigned light duty after your injury and your company is not complying, take these steps:
- Talk to your manager or HR department immediately.
- If that does not work, contact your workers’ comp case manager at the insurance company.
- Next, talk to your doctor to see if they will enhance your restrictions. This could make it harder for the company to violate your medical work restrictions.
- You also can ask the doctor to provide more details about your work restrictions. This can reduce ambiguity about what your company should and should not do.
If the employer violates your work restrictions and you cannot reach an agreement, it is time to talk to a Milwaukee workers’ comp attorney. Your attorney knows how to negotiate with employers and insurance companies to get you the work agreement and compensation you deserve.
## Frequently Asked Questions About Medical Work Restrictions
### What Are Medical Work Restrictions?
Medical work restrictions are limitations that a healthcare provider recommends to protect an individual from further injury and to facilitate a safe recovery from an illness or injury. These restrictions are personalized and can vary widely depending on the individual’s health condition. Common examples of such restrictions include prohibiting heavy lifting, requiring frequent breaks to manage fatigue or pain, avoiding specific physical activities like squatting or kneeling, and limiting overtime hours. It’s essential for employees to communicate these restrictions to their employers to ensure a safe work environment.
### Are Employers Required to Accommodate These Restrictions?
Employers are not universally required by law to provide light-duty work or accommodations for medical restrictions. The obligations of the employer to accommodate depend largely on state laws and company policies. In some states, like Oregon, there are specific regulations in place. For instance, employers with six or more employees are required to accommodate an employee’s medical restrictions if a suitable position is available and the employee is qualified for that role. This means if you have been given work restrictions by your healthcare provider, it’s important to be aware of your rights and the employer’s responsibilities in your state.
### What If My Employer Refuses to Accommodate?
If your employer refuses to accommodate your medical restrictions, you have the right to take action. It is advised to first document any communications regarding your restrictions and the employer’s responses. Consulting a legal professional who specializes in employment law may be beneficial, as they can provide guidance based on the specifics of your situation. Additionally, you may file a complaint with a relevant government agency, such as the Equal Employment Opportunity Commission (EEOC) or your local labor department. Remember, your employer cannot lawfully require you to perform tasks that are in direct violation of your prescribed medical restrictions.
### Can I Refuse to Return to Work?
You have the right to refuse to return to work if your doctor has not cleared you for your regular job duties. This refusal is generally without penalty, as it is essential for your health and recovery. However, if your healthcare provider has cleared you for light-duty work but you choose to refuse that work, it may jeopardize your workers’ compensation benefits. Employers often need to ensure that they are compliant with regulations while also safeguarding their employees’ well-being; therefore, understanding your medical status in relation to workplace duties is crucial.
### Will I Be Paid Less on Light-Duty Work?
Whether or not you will receive a lower pay rate while on light-duty work can depend on various factors, including your employer’s pay structure, state laws, and the specific terms of your employment contract. In Oregon, for example, employers have the option to pay employees the wage associated with the light-duty position. However, many employers choose to maintain the employee’s current pay rate to avoid incurring additional costs associated with changes in wages. It’s important to discuss compensation with your employer when you transition to light-duty work to understand how it will affect your earnings.
### What Role Does FMLA Play?
The Family and Medical Leave Act (FMLA) provides essential protections for employees who need to take medical leave for specific family and medical reasons. Under the FMLA, you have the right to refuse light-duty work without losing your job protection benefits or your rights to FMLA leave. However, it’s important to note that while the FMLA protects your job, refusing light-duty work after being cleared by a doctor might affect your eligibility for workers’ compensation benefits. It’s advisable to navigate these circumstances carefully, ensuring you are well-informed of your rights and the potential implications on your benefits.
## Contact Our Milwaukee Workers’ Compensation Attorneys Now
Being injured at work can throw your life into chaos. You cannot do your job and get paid. Who will pay the mortgage and all the bills? Workers’ compensation is designed to pay you during your recovery so you can keep the bills paid and a roof over your head.
Yes, you can file a claim on your own. But many injured workers are not familiar with Wisconsin worker’s comp laws. They may not know how to negotiate with insurance companies. The last thing you want to do is get less compensation than you deserve.
Our Milwaukee worker’s compensation attorneys can help with your claim in Green Bay, Waukesha, Milwaukee, Appleton, Brookfield, Fon du Lac, Kenosha, Madison, Manitowoc, Menomonee Falls, New Berlin, Oshkosh, and Wisconsin Rapids. [Contact Gillick, Wicht, Gillick & Graf](https://www.gillickwicht.com/Contact.shtml) today to safeguard your rights: (414) 257-2667.
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**Categories:** Workers’ Comp Attorney
**Tags:** worker's compensation
---
### [What To Do When Your Wisconsin Occupational Disease Claim Is Denied](https://www.gillickwicht.com/what-to-do-when-your-wisconsin-occupational-disease-claim-is-denied/)
**Published:** July 15, 2025
**Author:** admin
**Content:**
As attorneys representing injured workers throughout Wisconsin, we know how difficult it is to be denied benefits after you’ve become ill from doing your job. Occupational diseases can affect your lungs, skin, joints, or even your mental health, depending on your work environment and the hazards you’ve faced. When you’ve done the hard work, followed the process, and still get denied, it’s frustrating and stressful. But under [Wisconsin Worker’s Compensation Law](https://dwd.wisconsin.gov/wc/workers/), a denial is not the end of your claim.
Wisconsin law provides important protections for workers who develop illnesses from long-term exposure to harmful conditions at work. If your claim for an occupational disease was denied, you still have rights, and you can still fight back. The steps you take next are critical to preserving your claim and making sure you get the medical care and compensation you deserve. Here’s what we want you to know.
## Understanding Why Occupational Disease Claims Are Denied
Wisconsin defines an occupational disease as one that arises over time due to conditions in the workplace, not from a one-time injury. This is different from an accidental injury and is covered under [Wisconsin Statutes § 102.01(2)(c)](https://docs.legis.wisconsin.gov/statutes/statutes/102/01/2/c#:~:text=(c)%20%E2%80%9CInjury%E2%80%9D%20means,destruction%20resulted%20from%20accident%20which). Examples include respiratory problems from inhaling dust, repetitive stress injuries, chemical exposure, and hearing loss.
There are several common reasons claims are denied:
- The insurance company says your condition isn’t work-related
- Your employer disputes that your job caused or contributed to the disease
- There is insufficient medical documentation linking your illness to your work
- Your claim was not reported or filed on time
Even when your claim is legitimate, insurers often deny occupational disease claims because these illnesses build up slowly over time, making it easier for them to argue that your job didn’t directly cause your condition. That’s why it’s important to have strong legal and medical support.
### What You Can Do After A Denial
The first step is to understand that a denial is not final. Under [Wisconsin Statutes § 102.17](https://docs.legis.wisconsin.gov/statutes/statutes/102/17), you have the right to file an application for a hearing with the Wisconsin Department of Workforce Development (DWD), and the case will be heard by an administrative law judge (ALJ).
Here’s what we usually recommend:
- Request A Copy Of The Denial Letter – This will explain the reasons the claim was denied and help us develop a strategy for appeal.
- Collect Medical Evidence – We work with your treating doctors and, if necessary, independent medical specialists to provide clear reports linking your condition to your job duties.
- File A Hearing Application – This starts the formal legal process. We prepare and submit this on your behalf to the DWD to move the case forward.
- Attend Mediation or Hearing – Some claims can be resolved through mediation. If not, we prepare your case for a formal hearing where an ALJ hears the evidence and decides whether benefits should be paid.
If the ALJ rules against you, we may appeal to the Labor and Industry Review Commission (LIRC) and even to the circuit court, if necessary.
### Benefits You May Be Entitled To
Once your claim is accepted or approved through appeal, you may be eligible for:
- Medical treatment covered in full
- Temporary disability benefits while you’re unable to work
- Permanent disability benefits if you suffer lasting impairment
- Vocational rehabilitation if you can’t return to your prior job
Under [Wisconsin Statutes § 102.42](https://docs.legis.wisconsin.gov/statutes/statutes/102/42#:~:text=(a)%20When%20the%20employer%20has,to%20practice%20and%20practicing%20in), your employer’s insurance must cover all reasonable and necessary medical treatment related to your work-related illness. You may also qualify for compensation under [§ 102.44](https://docs.legis.wisconsin.gov/statutes/statutes/102/44#:~:text=Wisconsin%20Legislature%3A%20102.44&text=(a)%20Temporary%20disability%2C%20during,Except%20as%20provided%20in%20s.) for permanent partial or total disability.
## Frequently Asked Questions About Denied Occupational Disease Claims In Wisconsin
### How Long Do I Have To Appeal A Denied Occupational Disease Claim?
You have twelve years from the date of injury or the last payment of benefits to bring a claim under [Wisconsin Statutes § 102.17(4)](https://docs.legis.wisconsin.gov/statutes/statutes/102/17/4#:~:text=(b)%20In%20the%20case%20of,or%20a%20traumatic%20injury%20causing). However, it’s best to act quickly. If your claim is denied, you should contact an attorney right away to review the decision and begin building a strong case for appeal.
### What If My Employer Says My Disease Is Due To Aging Or A Pre-Existing Condition?
This is a common defense, but it doesn’t automatically disqualify your claim. Under Wisconsin law, if your job aggravated or accelerated a pre-existing condition, it can still qualify as a compensable occupational disease. We work with medical professionals to prove how your work duties contributed to your condition.
### Do I Need To See A Specific Doctor Chosen By My Employer?
No. Under [Wisconsin Statutes § 102.42(2)](https://docs.legis.wisconsin.gov/statutes/statutes/102/42/2#:~:text=(2)%20Any%20employer%2C%20or,an%20employee%20as%20to%20the), you have the right to choose your own treating physician. If your employer or their insurer tries to pressure you into using their preferred doctor, you don’t have to agree. It’s important that your doctor understands your job duties and provides a thorough report that links your illness to your work.
### Can I Still Get Benefits If I’ve Left The Job That Made Me Sick?
Yes. You can still file a claim even if you no longer work for the employer where you developed the occupational disease. As long as your condition is work-related and you file within the legal time limits, you are eligible for compensation under Wisconsin law.
### What Can I Do If My Condition Has Gotten Worse Over Time?
If your occupational disease has progressed or caused additional problems, you may be entitled to more benefits. We can help you file for an amendment to your existing claim or pursue additional compensation based on the worsening of your condition.
### What If The Insurance Company Offers A Settlement After Denying My Claim?
You should never accept a settlement without speaking to an attorney. Insurance companies often offer low settlements, hoping you’ll accept their settlement offer out of frustration. We review all settlement offers to ensure they reflect the full value of your medical expenses, lost income, and permanent disability, and we negotiate for a fair result.
## Call Gillick, Wicht, Gillick & Graf If Your Occupational Disease Claim Has Been Denied
At Gillick, Wicht, Gillick & Graf, we’ve helped injured workers across Wisconsin fight back when their claims were wrongfully denied. If your occupational disease claim was turned down, we will review your case, gather the medical evidence needed, and stand up to the insurance company for you.
Contact our [Milwaukee worker’s compensation lawyers](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf by calling [414-257-2667](tel:14142572667) to [receive a free consultation](https://www.gillickwicht.com/Contact.shtml). We represent injured workers throughout Milwaukee and across Wisconsin, and we’re here to help you get the benefits you’ve earned.
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---
### [Is My Employer Required To Hold My Job While I Am On Worker’s Compensation In Wisconsin?](https://www.gillickwicht.com/is-my-employer-required-to-hold-my-job-while-i-am-on-workers-compensation-in-wisconsin/)
**Published:** July 1, 2025
**Author:** admin
**Content:**
As attorneys helping injured workers across Wisconsin, including right here in Milwaukee, we are often asked one critical question, “Is my employer required to hold my job while I’m on Worker’s Compensation?” It’s an understandable concern. When you’ve been hurt on the job and are receiving medical treatment or recovering from surgery, your paycheck may be protected through benefits—but what about your actual position at work? Will you still have a job to go back to?
Wisconsin Worker’s Compensation laws are designed to protect employees injured on the job, but they do not specifically guarantee job protection or reinstatement. That said, there are circumstances where your job may be protected under other state or federal laws, or through union contracts or company policies. Understanding your rights starts with knowing what Wisconsin law does—and does not—require when it comes to your employment after an injury.
## Wisconsin Worker’s Compensation Law And Job Protection
Under the Wisconsin Worker’s Compensation Act ([Chapter 102, Wisconsin Statutes](https://docs.legis.wisconsin.gov/statutes/statutes/102)), your employer is legally required to carry insurance that provides medical care and wage replacement if you are hurt at work. However, the statute does not explicitly require an employer to hold your job while you recover.
That means your employer can, in some cases, fill your position or terminate your employment, as long as the decision is not retaliatory or discriminatory. Wisconsin law prohibits employers from firing or punishing an employee for filing a Worker’s Compensation claim under [Wis. Stat. § 102.35(3)](https://docs.legis.wisconsin.gov/statutes/statutes/102/35/3). If an employer does terminate or refuse to rehire you without reasonable cause following a work-related injury, you may be entitled to compensation of up to one year’s wages.
## When Job Protection May Still Apply
While Worker’s Compensation itself does not guarantee job reinstatement, there are other legal protections that may apply:
- Family and Medical Leave Act (FMLA) – If you work for an employer with 50 or more employees and have been employed for at least 12 months, you may be entitled to up to 12 weeks of unpaid, job-protected leave under the federal FMLA and the Wisconsin Family and Medical Leave Act (Wis. Stat. § 103.10). This leave can be used for a serious health condition, which includes work-related injuries.
- Americans with Disabilities Act (ADA) – If your injury results in a disability, your employer may be required to make reasonable accommodations under the ADA. This could include extended leave or modified job duties if they do not pose an undue hardship.
- Union Contracts – If you’re part of a union, your collective bargaining agreement may contain language requiring your employer to hold your job for a certain period or offer you a similar position upon your return.
## What We Recommend After A Work Injury
After a job-related injury, we always encourage our clients to notify their employer immediately, seek appropriate medical treatment, and follow their physician’s restrictions. You should also keep written documentation of your medical condition and your communication with your employer.
If you are ready to return to work but your employer refuses to rehire you without a valid reason, we can help you pursue benefits under [Wis. Stat. § 102.35(3)](https://docs.legis.wisconsin.gov/statutes/statutes/102/35/3). These cases can be complex, and proving the employer’s intent often requires legal experience and documentation.
## Frequently Asked Questions About Job Protection During Worker’s Compensation In Wisconsin
### Can My Employer Fire Me While I’m On Worker’s Compensation?
Yes, but not for filing a claim or because of your injury. Wisconsin law does not prevent an employer from terminating you for unrelated reasons such as layoffs, misconduct, or company restructuring. However, if the firing was retaliatory or discriminatory, we may be able to take legal action under [Wis. Stat. § 102.35(3)](https://docs.legis.wisconsin.gov/statutes/statutes/102/35/3) or other employment laws.
### What Happens If My Employer Fills My Position While I’m Out?
Wisconsin Worker’s Compensation law does not require your employer to hold your exact job while you recover. If they fill your position, they are not breaking the law unless they did so to punish you for filing a claim. However, they may be required to consider you for rehire or provide compensation if their actions were unjustified.
### Can I Be Reinstated After Recovering From My Injury?
You may be reinstated if your employer voluntarily agrees, if you have union protections, or if you’re covered under laws like the FMLA. If your doctor clears you for work with or without restrictions, and your employer refuses to rehire you without a valid reason, we may be able to recover compensation on your behalf.
### Does The FMLA Protect My Job If I’m Injured At Work?
Possibly. If you qualify for FMLA coverage, you may take up to 12 weeks of unpaid, job-protected leave. Keep in mind that FMLA and Worker’s Compensation can run concurrently. Once your FMLA period ends, the law does not require your employer to extend your job protection.
### What If I Can Return To Work But With Restrictions?
Your employer must consider offering light-duty or modified work if it fits within your restrictions and does not pose an undue burden. If they refuse without justification and you are unable to find suitable work elsewhere, you may be eligible for vocational rehabilitation or additional benefits through the Worker’s Compensation system.
### Can I File A Claim If My Employer Refuses To Rehire Me After My Injury?
Yes. If your employer refuses to rehire you without reasonable cause, we can help you file a claim for up to one year’s worth of wages. This is separate from your regular Worker’s Compensation benefits and can make a significant difference for your financial recovery.
## Call Gillick, Wicht, Gillick & Graf If You’re Concerned About Job Protection After A Work Injury
At Gillick, Wicht, Gillick & Graf, we understand how stressful it can be to recover from a work injury while also worrying about your job security. If your employer has refused to hold your job, filled your position, or treated you unfairly after filing a Worker’s Compensation claim, we’re ready to help you understand your rights and protect your future.
Contact our [Milwaukee worker’s comp attorneys](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf by calling [414-257-2667](tel:14142572667) to [receive a free consultation](https://www.gillickwicht.com/Contact.shtml). We represent injured workers across Milwaukee and throughout Wisconsin, and we’re committed to making sure you get the benefits and protection you deserve.
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---
### [What To Do If You Are Injured At Work As A Contract Worker](https://www.gillickwicht.com/what-to-do-if-you-are-injured-at-work-as-a-contract-worker)
**Published:** June 2, 2025
**Author:** admin
**Content:**
At Gillick, Wicht, Gillick & Graf, we understand how confusing it can be when you’re hurt on the job, especially if you are classified as a contract worker. Many workers in Wisconsin are unsure whether they qualify for benefits under the state’s worker’s compensation system if they’re not considered full-time employees. The short answer is: it depends. Wisconsin law has specific definitions and legal tests to determine whether a worker is considered an employee or an independent contractor. These distinctions can have a major impact on your rights.
Under [Wisconsin Statutes Chapter 102](https://docs.legis.wisconsin.gov/statutes/statutes/102), worker’s compensation is generally available to employees who are injured during the course of their employment. Independent contractors, however, are not automatically covered. The law sets out a nine-part test under [Wis. Stat. § 102.07(8)](https://dwd.wisconsin.gov/dwd/publications/wc/wkc-13486-p.htm#:~:text=8%29%2C%20Wis.-,Stats.,contractor%20rather%20than%20an%20employee.) to determine whether a person truly qualifies as an independent contractor or is, in reality, an employee who should be protected under the law.
## Understanding Whether You Are Covered
The first and most important step is determining your employment status. Just because your employer calls you a contractor or issues you a 1099 form doesn’t mean the law sees you that way. If your work is controlled by the company, you are required to follow their instructions, work on their schedule, or use their tools and equipment, you might actually be considered an employee under Wisconsin law.
To be considered a true independent contractor under [Wis. Stat. § 102.07(8)(b)](https://docs.legis.wisconsin.gov/statutes/statutes/102/07/8#:~:text=(b)%20An%20independent%20contractor%20is,equipment%2C%20materials%20and%20other%20facilities.), you must meet all nine criteria, including maintaining a separate business, having control over the means of performing the work, and showing that you have recurring business liabilities and obligations. If even one of these criteria isn’t met, you may qualify as an employee, and that means you may be entitled to worker’s compensation benefits.
### What Benefits May Be Available
If you are found to be an employee under Wisconsin’s law, you could be eligible for several important benefits. These include coverage for medical bills, wage loss benefits under temporary total disability (TTD) or temporary partial disability (TPD), and compensation for permanent injuries. In some cases, vocational retraining may also be available. These rights are critical for your recovery and long-term stability.
### Filing A Claim And Protecting Your Rights
If you’ve been injured at work and you’re unsure whether you qualify for worker’s compensation, the best step is to contact our office right away. We investigate the facts of your employment and injury to determine whether a claim is appropriate. If your employer denies coverage based on your contractor status, we can help file a claim with the Wisconsin Department of Workforce Development and represent you during any dispute.
It’s also important to report your injury to your employer as soon as possible. Delays in reporting can complicate your claim and make it harder to receive the benefits you may be entitled to.
## Frequently Asked Questions About Contract Workers And Wisconsin Worker’s Compensation
### What If I’m Paid As A 1099 Contractor But Work Regular Hours On Site?
Even if you’re paid as an independent contractor and receive a 1099 tax form, you may still be considered an employee under Wisconsin law. The key is how much control the company has over your work. If the company controls your schedule and tools, you may be eligible for worker’s compensation.
### Can I Still File A Worker’s Compensation Claim If My Employer Calls Me A Contractor?
Yes, you can file a claim even if your employer labels you a contractor. The Wisconsin Department of Workforce Development will look at the actual nature of the working relationship using the nine-part test outlined in [Wis. Stat. § 102.07(8)](https://docs.legis.wisconsin.gov/statutes/statutes/102/07/8).
### What Should I Do Immediately After A Work Injury If I’m A Contract Worker?
Report the injury to the person you are working for, seek medical treatment, and contact a worker’s compensation attorney as soon as possible. You may have rights you’re unaware of, and early legal advice can protect your ability to pursue a claim.
### What Happens If I Don’t Meet All Nine Independent Contractor Criteria?
If you fail even one of the nine tests under [Wis. Stat. § 102.07(8)(b)](https://docs.legis.wisconsin.gov/statutes/statutes/102/07), you may be legally considered an employee and entitled to worker’s compensation benefits. Your job title or tax status does not decide your rights—the facts do.
### Will The Company I Work For Retaliate If I File A Claim?
It is illegal in Wisconsin for a company to retaliate against you for filing a legitimate worker’s compensation claim. If you experience retaliation, you may have a separate legal claim and should speak with an attorney right away.
### Can I Sue The Company Directly If I Am Not Covered By Workers’ Compensation?
If you are legally classified as an independent contractor and do not qualify for workers’ compensation, you may have the option to file a personal injury lawsuit against the company—especially if your injury was caused by unsafe working conditions or negligence. However, these cases can be more complex and require proof of fault. We can help you evaluate your options and determine the strongest legal path forward.
### What If I Signed A Contract Waiving My Right To Workers’ Compensation?
Under Wisconsin law, an agreement that attempts to waive your right to workers’ compensation is generally not enforceable if you are determined to be an employee under the law. The statutory protections under [Wis. Stat. § 102.03](https://docs.legis.wisconsin.gov/statutes/statutes/102/03) cannot be signed away, so it’s important to speak with an attorney before assuming your rights are limited by any document your employer had you sign.
### Does Working Through A Staffing Agency Affect My Right To Workers’ Compensation?
Yes, if you were placed by a staffing agency, the agency might be considered your employer for workers’ compensation purposes. In many cases, the agency, not the company where you perform the work, is responsible for providing coverage. We can help determine who the legally responsible employer is and guide you in filing your claim correctly.
## Call Gillick, Wicht, Gillick & Graf For Help With Your Worker’s compensation Claim
If you were injured while working and have been told you’re not eligible for benefits because you’re a contractor, don’t assume the employer is right. We’ve helped many Wisconsin workers prove their eligibility and recover the benefits they deserve.
Call Our Office Today For A Free Consultation. We represent injured workers across the state from our office in Milwaukee. Contact our [Milwaukee worker’s compensation lawyers](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf by calling [414-257-2667](tel:14142572667) to [receive your free consultation](https://www.gillickwicht.com/Contact.shtml). Our firm is committed to standing up for your rights.
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---
### [What To Expect During A Wisconsin Worker's Compensation Hearing](https://www.gillickwicht.com/what-to-expect-during-a-wisconsin-workers-compensation-hearing/)
**Published:** June 16, 2025
**Author:** admin
**Content:**
At Gillick, Wicht, Gillick & Graf, we understand how intimidating the [Wisconsin Worker’s Compensation process](https://dwd.wisconsin.gov/wc/workers/) can feel, especially if your case heads to a hearing. Many of our clients come to us with anxiety and questions about what to expect. If your claim has been denied, disputed, or delayed, a formal hearing may be necessary to resolve the matter. These hearings play a critical role in determining whether you will receive the benefits you are entitled to under Wisconsin law. Our attorneys are here to help you prepare for every step.
## Understanding The Hearing Process Under Wisconsin Law
A Wisconsin Worker’s Compensation hearing is an administrative proceeding held before an administrative law judge (ALJ) from the Department of Workforce Development (DWD). Under [Wisconsin Statutes Chapter 102](https://docs.legis.wisconsin.gov/statutes/statutes/102), these hearings are designed to resolve disputes between injured workers and insurers or employers. The hearing typically occurs when there is a disagreement about medical treatment, disability status, wages, or whether the injury is work-related at all.
Hearings take place in a courtroom-like setting but are less formal than a trial. Even so, it is vital to treat the hearing seriously. The outcome can determine whether you receive wage loss benefits, payment for medical care, or compensation for permanent disability.
### Preparing Evidence And Testimony
The most important part of preparing for a Wisconsin Worker’s Compensation hearing is gathering evidence. We work closely with our clients to collect medical records, wage statements, and written opinions from treating physicians. If your doctor supports your claim, we will submit a certified medical report under [Wisconsin Admin. Code DWD 80.22](https://docs.legis.wisconsin.gov/code/admin_code/dwd/080_081/80). We may also present witness testimony, including your own, to help establish the facts of your injury and treatment.
The insurer or employer may present their own evidence as well, including testimony from independent medical examiners. The judge will review all evidence and ask questions to clarify disputed facts. Because this process is adversarial, having experienced attorneys by your side ensures your voice is heard and your evidence is properly presented.
### What Happens At The Hearing
During the hearing, each party has the opportunity to present their case. You may be asked to testify under oath about how the injury occurred, how it has affected your ability to work, and the medical treatment you’ve received. The judge may ask questions directly, and your attorney will also help prepare you for cross-examination by the opposing party.
The hearing typically lasts a few hours but can extend depending on the complexity of the case. After the hearing, the administrative law judge will review all the evidence and issue a written decision. This usually arrives by mail several weeks later. If the decision is in your favor, the judge will order the insurer to pay benefits. If the decision is not favorable, you may have the right to appeal.
## Frequently Asked Questions About Wisconsin Worker’s Compensation Hearings
### What Triggers A Worker’s Compensation Hearing In Wisconsin?
A hearing is usually scheduled when there is a dispute about your claim, such as whether your injury is work-related, whether medical treatment is necessary, or how much compensation you should receive. The Department of Workforce Development assigns the case to an administrative law judge.
### How Should I Prepare For My Hearing?
We help clients prepare by reviewing all medical records, wage information, and prior correspondence. You should be ready to explain how the injury happened, what symptoms you experienced, and how the injury has limited your ability to work. We also help prepare any witnesses or doctors who may testify on your behalf.
### Will I Need To Testify At The Hearing?
Yes, most injured workers will need to testify. The judge will want to hear directly from you about the facts of your case. We guide you through the entire process and ensure you’re comfortable with the questions you might face during the hearing.
### What If The Insurance Company Has A Doctor Disagreeing With Mine?
It’s common for insurers to present reports or testimony from an independent medical examiner (IME). We challenge these opinions by highlighting inconsistencies, questioning credentials, and reinforcing your treating physician’s findings with medical documentation and testimony.
### Can I Appeal The Judge’s Decision?
Yes, if the administrative law judge denies your claim or rules against you, you have the right to file a petition for review with the Labor and Industry Review Commission (LIRC) under Wisconsin Statutes Section 102.18. If there is a legitimate basis for appeal, we handle the appeals process and continue to advocate for your right to compensation.
### Can I Represent Myself At A Wisconsin Worker’s Compensation Hearing?
Technically, you can represent yourself, but we strongly advise against it. These hearings involve legal procedures, medical evidence, and cross-examination that are difficult to manage without legal training. Having experienced representation greatly increases your chances of a favorable outcome.
### How Long Does It Take To Get A Decision After The Hearing?
Typically, the administrative law judge issues a written decision within 6-8 weeks after the hearing. However, the exact timing can vary depending on the complexity of the case and the judge’s caseload. We help keep the process moving and ensure nothing is overlooked.
### What Types Of Benefits Can Be Awarded At The Hearing?
The judge can award temporary total disability benefits, permanent partial disability benefits, payment for medical bills, vocational rehabilitation, and other related expenses. Each case is different, and we work to make sure the benefits awarded are accurate and fair based on the law and medical evidence.
## Contact Gillick, Wicht, Gillick & Graf For Trusted Representation
At Gillick, Wicht, Gillick & Graf, we stand with Wisconsin workers who are injured on the job and need help pursuing their rightful benefits. With offices in Milwaukee, we serve clients across the entire state. We bring clarity, confidence, and commitment to every case we handle.
If you’re facing a Wisconsin Worker’s Compensation hearing, contact our [Milwaukee worker’s comp attorneys](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf by calling [414-257-2667](tel:14142572667) to [receive a free consultation](https://www.gillickwicht.com/Contact.shtml). Our attorneys will review your case and provide the support you need. Gillick, Wicht, Gillick & Graf represents injured workers throughout all of Wisconsin.
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### [How To Appeal A Denied Worker's Compensation Claim](https://www.gillickwicht.com/how-to-appeal-a-denied-workers-compensation-claim/)
**Published:** May 12, 2025
**Author:** admin
**Content:**
When your worker’s compensation claim is denied in Wisconsin, it can feel like a dead end—but it’s not. We’ve worked with many injured workers who were wrongfully denied benefits they were legally entitled to. A denial doesn’t mean your injury isn’t real or that you don’t qualify for compensation. It just means the insurance company or employer has challenged your claim, and now you have the right to appeal. Wisconsin law gives you the opportunity to contest the decision and present evidence showing that your injury is work-related and that you deserve benefits.
Under [Wisconsin Statutes Chapter 102](https://docs.legis.wisconsin.gov/statutes/statutes/102), workers injured on the job have the right to file for benefits, including medical expenses, wage loss, permanent disability, and vocational retraining. But sometimes, employers or their insurance companies dispute claims, often arguing that the injury did not occur at work, that it’s not as serious as claimed, or that the employee didn’t follow proper procedures. If this happens to you, it’s important to understand your rights and take the proper steps.
## Understanding Why Claims Get Denied
The first thing we do when a client comes to us with a denied claim is review the denial letter. The insurance company is required to state the reason for the denial. Common reasons include:
- The injury was not reported in time
- Medical evidence is lacking or inconsistent
- The injury did not occur during the course of employment
- The worker failed to seek timely medical treatment
- Pre-existing conditions were blamed instead of the job incident
No matter the reason, the denial can be challenged through the legal process set up by the [Wisconsin Department of Workforce Development](https://dwd.wisconsin.gov/) (DWD) and the [Division of Hearings and Appeals](https://doa.wi.gov/Pages/AboutDOA/HearingsAndAppeals.aspx).
## How To File An Appeal In Wisconsin
If your claim is denied, you can file an application for a hearing with the DWD under [Wisconsin Statute § 102.17](https://docs.legis.wisconsin.gov/statutes/statutes/102/17). This application formally requests that an administrative law judge (ALJ) hear your case. You will be required to present evidence such as medical records, witness statements, accident reports, and wage records. This is your opportunity to show that your injury is connected to your job and that you meet the legal standards for compensation.
The ALJ will review all the evidence, hold a hearing, and issue a decision. If the judge rules in your favor, the insurance company may be ordered to pay benefits. If the judge upholds the denial, you still have the right to appeal to the Labor and Industry Review Commission (LIRC) and, from there, to the Wisconsin Circuit Court.
## Why Legal Representation Helps
The appeals process is legal in nature and requires you to present evidence, respond to legal arguments, and comply with deadlines. We’ve seen many workers try to handle appeals on their own, only to have their claims dismissed or delayed. Having an attorney on your side ensures your case is handled properly from the start. We take care of the paperwork, collect medical opinions, question witnesses, and prepare you for testimony so that you have the best chance of success.
## Wisconsin Worker’s Compensation Claim Frequently Asked Questions
### Why Was My Worker’s Compensation Claim Denied In Wisconsin?
Common reasons include missed deadlines, lack of medical evidence, disputes over whether the injury happened at work, or claims that your condition is pre-existing. The insurance company must provide a reason in writing.
### How Long Do I Have To Appeal A Denied Worker’s Compensation Claim?
You must file an application for a hearing within six years of the injury under most circumstances, according to Wisconsin Statute § 102.17. However, it’s best to act much sooner to preserve evidence and protect your rights.
### Can I File An Appeal If My Injury Happened A While Ago?
Yes, as long as you are within the statutory timeline. If you previously filed a claim or received partial benefits, you may still be able to appeal a denial of additional benefits.
### Do I Need A Lawyer To Appeal My Claim?
While not legally required, we strongly recommend having a lawyer represent you. Appeals involve legal rules, medical opinions, and formal hearings. A lawyer can increase your chances of getting benefits.
### What Evidence Do I Need To Win My Appeal?
You’ll need clear medical records linking your injury to your work, witness statements if available, a detailed account of the incident, and proof of lost wages or permanent limitations from the injury.
### Can I Be Denied Benefits If I Have A Pre-Existing Condition?
Not necessarily. If your job aggravated or worsened a pre-existing condition, you may still qualify for benefits. Medical evidence is key to proving the connection between your work and your current condition.
### What Happens At A Worker’s Compensation Hearing?
You, your employer, and the insurance company will present evidence before an administrative law judge. Witnesses may testify, and documents are reviewed. The judge will then issue a written decision.
### What If I Lose At The Hearing?
You can appeal the judge’s decision to the Labor and Industry Review Commission (LIRC). If LIRC also denies your claim, you can take your case to Wisconsin circuit court for further review.
### Can I Still Work While Appealing My Denied Claim?
Yes. However, your ability to work may affect certain types of benefits, such as temporary total disability. Be honest with your medical provider and attorney about your work activities.
### Will The Insurance Company Pay My Legal Fees If I Win?
Attorneys’ fees in worker’s compensation cases are generally limited by law in Wisconsin. If we help you recover benefits, our fees are a percentage of the amount recovered and are subject to approval by the state.
## We Help Injured Workers Fight Wrongful Claim Denials
At Gillick, Wicht, Gillick & Graf, we believe that injured workers should never be left without the support they deserve. If your worker’s compensation claim was denied, we’re ready to help you challenge the decision and fight for your benefits.
Contact our [Milwaukee worker’s compensation lawyer](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf by calling 414-257-2667 to [receive your free consultation](https://www.gillickwicht.com/Contact.shtml). We have offices in Milwaukee and proudly represent injured workers in Janesville and throughout all of Wisconsin.
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---
### [Common Mistakes To Avoid When Filing A Worker's Compensation Claim](https://www.gillickwicht.com/common-mistakes-to-avoid-when-filing-a-workers-compensation-claim/)
**Published:** April 29, 2025
**Author:** admin
**Content:**
When you’re injured on the job, filing a worker’s compensation claim may seem like a straightforward process. But in our experience helping injured workers in Wisconsin, we’ve seen how easily honest mistakes can lead to claim denials, delayed benefits, or reduced compensation.
Worker’s compensation is supposed to protect employees who are hurt at work, but failing to follow the rules exactly can give the insurance company a reason to reject your claim. If you were injured on the job in Janesville or anywhere in Wisconsin, we want to make sure you understand the process and avoid these common missteps.
Wisconsin’s Worker’s Compensation Act, outlined in [Chapter 102 of the Wisconsin Statutes](https://dwd.wisconsin.gov/wc/workers/#:~:text=The%20Worker's%20Compensation%20Act%20provides,employer's%20worker's%20compensation%20insurance%20carrier.), governs how work injury claims are handled. This law provides medical treatment, wage loss benefits, and compensation for permanent disabilities. However, your right to these benefits depends on doing things the right way—and on time. Here are the most frequent mistakes we see and how to avoid them.
### Failing To Report The Injury Immediately
One of the most serious mistakes workers make is waiting too long to report an injury. Under Wisconsin law, you must notify your employer as soon as possible after an injury occurs. Although the statute allows some flexibility, waiting days or weeks gives the employer or insurance company a reason to question your claim. Always report your injury in writing and keep a copy for your records.
### Not Seeking Prompt Medical Attention
We understand that some workers try to push through pain or wait to see if it gets better. However, delaying medical care can weaken your case. The longer you wait to see a doctor, the harder it becomes to prove that your injury was work-related. Get medical attention right away and tell your provider that the injury happened at work. This creates a medical record that supports your claim.
### Returning To Work Too Soon
Some employers or insurance companies may pressure you to return to work before you’re ready. Doing so can worsen your injury and jeopardize your claim. Under [Wis. Stat. § 102.42(2)](https://docs.legis.wisconsin.gov/statutes/statutes/102/42/2), you are entitled to temporary total disability benefits while you are unable to work due to a covered injury. Make sure your return to work is cleared by your treating physician.
### Not Following The Doctor’s Instructions
Missing medical appointments or failing to follow your doctor’s treatment plan can also hurt your claim. Insurance companies often monitor compliance closely. If they see gaps in treatment or failure to follow through, they may argue you are not truly injured or are not trying to recover.
### Giving Incomplete Or Inaccurate Information
Be truthful and detailed when explaining your injury. Inconsistent statements can lead to your claim being denied or investigated for fraud. When you speak to doctors, your employer, or the insurance adjuster, be consistent and clear about what happened, where it happened, and how you were hurt.
### Assuming Your Claim Covers All Costs Automatically
While worker’s compensation does cover medical care and lost wages, some benefits—such as permanent partial disability or vocational retraining—may require additional documentation or legal action. Don’t assume everything will be handled without your involvement.
### Trying To Handle A Dispute On Your Own
If your claim is denied or your benefits are cut off, don’t wait too long to get legal help. The insurance company has a legal team working against your interests. We recommend contacting a worker’s compensation attorney before giving any statements or agreeing to a settlement.
## Worker’s Compensation Frequently Asked Questions
### What Is The Deadline For Reporting A Work Injury In Wisconsin?
There is no strict deadline, but the sooner you report the injury, the better. Wisconsin law requires prompt notice, and delays can lead to denied claims or questions about the injury’s origin.
### Can I Choose My Own Doctor For A Work Injury?
Yes. In Wisconsin, you have the right to choose your own treating physician. You may also change doctors once without needing permission from the employer or insurance carrier.
### What If My Employer Says The Injury Didn’t Happen At Work?
If your employer disputes the claim, you can still file with their insurance carrier. If benefits are denied, you can request a hearing before an administrative law judge through the Wisconsin Department of Workforce Development.
### How Much Will Worker’s Compensation Pay Me While I’m Off Work?
You are entitled to two-thirds of your average weekly wage, subject to the maximum rates set by law. This is called temporary total disability.
### What Happens If I Can’t Return To My Old Job?
If your injury prevents you from returning to your previous position, you may be eligible for vocational rehabilitation retraining benefits or a loss of earning capacity claim.
### Can I Sue My Employer For My Work Injury?
In most cases, no. Worker’s compensation is the exclusive remedy under Wis. Stat. § 102.03(2). However, if a third party (not your employer) caused your injury, you may be able to pursue a separate personal injury claim.
### What If The Insurance Company Denies My Claim?
You have the right to challenge the denial by filing a claim with the Wisconsin Department of Workforce Development. An attorney can help present your case and represent you at the hearing.
### Is There A Time Limit To File A Claim With The State?
Yes. Generally, you must file a claim within six years of the injury date or last payment of benefits, whichever is later. For traumatic injuries, this is critical to preserve your rights.
### What If I Made A Mistake On My Claim Forms?
Small errors can be corrected, but serious mistakes can delay or damage your claim. Always review forms carefully and consider having an attorney review them before submission.
### Do I Have To Pay A Lawyer Upfront To Handle My Claim?
No. Worker’s compensation attorneys in Wisconsin work on a contingency basis. We are only paid if we help you recover benefits, and our fees are regulated by law.
## Call A Wisconsin Worker’s Compensation Attorney Who Puts Injured Workers First
At Gillick, Wicht, Gillick & Graf, we’ve helped injured workers across Wisconsin for decades. If you’ve been hurt on the job and want to protect your rights, we’re here to help you avoid costly mistakes and fight for the benefits you deserve.
Contact our [Milwaukee worker’s compensation attorney](https://www.gillickwicht.com/workers-compensation) at Gillick Wicht, Gillick & Graf by calling 414-257-2667to [receive your free consultation](https://www.gillickwicht.com/Contact.shtml). Our offices are located in Milwaukee, and we proudly represent injured workers throughout Janesville and all of Wisconsin.
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---
### [Can I Be Fired For Filing A Worker's Compensation Claim In Wisconsin?](https://www.gillickwicht.com/can-i-be-fired-for-filing-a-workers-compensation-claim-in-wisconsin/)
**Published:** April 14, 2025
**Author:** admin
**Content:**
Workplace injuries can leave employees with mounting medical bills, lost wages, and concerns about job security. Many workers wonder whether filing a worker’s compensation claim could put their jobs at risk. Wisconsin law provides strong protections for injured workers, making it illegal for an employer to fire someone solely because they filed a worker’s compensation claim.
Employers cannot retaliate against workers who exercise their legal rights under the [Wisconsin Worker’s Compensation Act](https://oci.wi.gov/Pages/Consumers/WorkersComp.aspx). However, this does not mean an employer is prohibited from terminating an injured worker for other legitimate reasons. Understanding the legal protections and limitations is critical for workers recovering from an injury. If an employer retaliates, the worker has legal options to challenge the wrongful termination and seek appropriate remedies.
## Wisconsin Law Protects Workers From Retaliation
Under [Wis. Stat. § 102.35(3)](https://docs.legis.wisconsin.gov/statutes/statutes/102/35/3), it is unlawful for an employer to terminate, discriminate, or retaliate against an employee for filing a worker’s compensation claim. Employers who violate this law can be required to reinstate the employee and pay lost wages. Wisconsin’s legal protections exist to ensure workers feel secure in reporting workplace injuries without fear of losing their jobs. However, employers are still allowed to fire an employee for reasons unrelated to the worker’s compensation claim, such as poor performance or company downsizing.
## Can An Employer Fire An Employee While They Are On Worker’s Compensation?
An employer has the legal right to terminate an employee while they are receiving worker’s compensation benefits, but only for legitimate business reasons. Wisconsin law does not guarantee job security after a work injury, but it does protect employees from retaliation. If an employer claims a termination is based on factors like company downsizing, policy violations, or poor performance, the worker may need to prove that the firing was actually motivated by retaliation to have a successful claim.
## Wrongful Termination And Retaliation Claims
If an employee believes they were fired in retaliation for filing a worker’s compensation claim, they have the right to take legal action. Under [Wis. Stat. § 102.35(3)](https://docs.legis.wisconsin.gov/2001/statutes/statutes/102/35/3), a worker can seek reinstatement and lost wages if they can prove that the termination was retaliatory. This process typically involves filing a complaint with the Wisconsin Department of Workforce Development and presenting evidence that the firing was connected to the worker’s compensation claim.
## What Happens If A Worker Cannot Return To Their Job?
If an injury prevents an employee from returning to their previous job, Wisconsin worker’s compensation law may provide vocational rehabilitation benefits under [Wis. Stat. § 102.61](https://docs.legis.wisconsin.gov/statutes/statutes/102/61). These benefits help injured workers obtain retraining for a new line of work if they are unable to perform their prior job duties. Worker’s compensation benefits will generally continue until the employee reaches maximum medical improvement (MMI) or completes an approved retraining program.
## Wisconsin Worker’s Compensation Claim FAQs
### Can My Employer Fire Me Just Because I Filed A Worker’s Compensation Claim?
No, Wisconsin law prohibits employers from terminating or discriminating against an employee solely for filing a worker’s compensation claim. If an employer does so, the worker can take legal action under Wis. Stat. § 102.35(3) to seek reinstatement and lost wages.
### What Should I Do If I Believe I Was Fired In Retaliation For Filing A Worker’s Compensation Claim?
If you suspect retaliation, gather any evidence that connects your termination to your worker’s compensation claim, such as emails, witness statements, or suspicious timing of the firing. You can file a complaint with the Wisconsin Department of Workforce Development to challenge the termination.
### Can My Employer Fire Me While I Am Out On Worker’s Compensation?
Yes, but only for legitimate business reasons unrelated to your injury claim. Employers can terminate employees for performance issues, company downsizing, or workplace violations. However, if the termination is a form of retaliation, legal action can be taken.
### What Happens If I Am Fired While I Am Still Recovering From A Work Injury?
If you are fired while receiving worker’s compensation, your medical and disability benefits should continue until you reach maximum medical improvement. If your injury prevents you from returning to work, you may also qualify for vocational rehabilitation under Wis. Stat. § 102.61.
### Can I Sue My Employer For Firing Me After Filing A Worker’s Compensation Claim?
You cannot sue your employer directly for a wrongful termination related to worker’s compensation, but you can file a claim for reinstatement and lost wages through the Wisconsin Department of Workforce Development.
### Can My Employer Retaliate Against Me In Other Ways Besides Termination?
Yes, retaliation can take different forms, including demotions, pay cuts, or unfavorable job assignments. Any form of punishment for filing a worker’s compensation claim is illegal under Wisconsin law.
### Does Worker’s Compensation Guarantee That I Can Return To My Job?
No, Wisconsin law does not require employers to hold a job open indefinitely. However, if your injury prevents you from returning to work, you may be eligible for vocational retraining benefits or a loss of earning capacity claim.
### How Can I Prove That I Was Fired In Retaliation For Filing A Worker’s Compensation Claim?
Proving retaliation often requires showing a connection between your termination and your worker’s compensation claim. This may include timing (if the firing happened shortly after filing the claim), changes in employer behavior, or written records suggesting retaliation.
### What Compensation Can I Receive If I Prove Retaliation?
If you successfully prove retaliation, you may be entitled to reinstatement, back pay for lost wages and additional penalties against your employer under Wis. Stat. § 102.35(3).
### Can I Be Fired If My Work Injury Prevents Me From Doing My Job?
If your injury permanently prevents you from returning to your job, your employer is not required to keep your position open. However, you may be eligible for vocational retraining to transition into a new job or a loss of earning capacity claim.
## Contact Our Milwaukee Worker’s Compensation Lawyer For A Free Consultation
If you were fired after filing a worker’s compensation claim, you may have legal rights under Wisconsin law. Employers cannot retaliate against injured workers who exercise their right to seek benefits. If you believe your termination was unjust, Gillick, Wicht, Gillick & Graf can help you fight for your job and recover lost wages.
Contact our [Milwaukee worker’s compensation lawyer](https://www.gillickwicht.com/workers-compensation) at Gillick Wicht & Graf by calling 414-257-2667 to [receive your free consultation](https://www.gillickwicht.com/Contact.shtml). Our offices are located in Milwaukee, and we represent injured workers throughout Wisconsin.
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### [What Happens If My Workers’ Compensation Injury Results In A Permanent Disability In Wisconsin?](https://www.gillickwicht.com/what-happens-if-my-workers-compensation-injury-results-in-a-permanent-disability-in-wisconsin/)
**Published:** April 1, 2025
**Author:** admin
**Content:**
Suffering a workplace injury can be life-altering, especially when it results in a permanent disability. In Wisconsin, workers’ compensation provides benefits to injured employees who suffer lasting impairments that affect their ability to work. If a doctor determines that an injury has caused a permanent disability, it can impact the benefits an injured worker is entitled to receive. The Wisconsin Workers’ Compensation Act governs how these workplace injury claims are handled, including the classification of disabilities and the compensation available.
Understanding the difference between [permanent partial disability](https://dwd.wisconsin.gov/wc/medical/eval-ppd.htm) (PPD) and [permanent total disability](https://dwd.wisconsin.gov/dwd/publications/wc/wkc-7761-p.htm) (PTD) is very important, as each classification determines the level of benefits. Workers facing permanent impairments may be eligible for ongoing payments, vocational retraining, or, in some cases, a lump-sum settlement. Employers and insurance companies do not always agree with an injured worker’s disability rating, making it critical to understand the rights available under Wisconsin law.
## Permanent Partial Disability (PPD) Benefits In Wisconsin
Many injured workers suffer permanent impairments but are still able to perform some work. These cases fall under permanent partial disability (PPD). Wisconsin law assigns a percentage of impairment based on medical evaluations and state guidelines outlined in [Wis. Stat. § 102.52-102.55](https://docs.legis.wisconsin.gov/statutes/statutes/102/52). The compensation rate for PPD is based on the date of the injury and the injured worker’s wage at the time of injury, subject to state maximums. The length of PPD benefits depends on the injury type and severity, often calculated according to Wisconsin’s schedule of injuries. Some injuries, such as those to the back, neck, spine or internal organs, are considered “unscheduled” and are based on 1000 weeks of compensation and open the door to a possible loss of earning capacity claim.
## Permanent Total Disability (PTD) Benefits In Wisconsin
Some injuries prevent an employee from ever returning to gainful employment. When a workplace injury leads to a total and permanent disability, workers may qualify for permanent total disability (PTD) benefits under [Wis. Stat. § 102.44(2)](https://docs.legis.wisconsin.gov/statutes/statutes/102/44/2). PTD benefits provide ongoing payments at two-thirds of the injured worker’s average weekly wage, potentially for life. Common injuries that result in PTD include the loss of both arms, total blindness, or a severe brain injury. The law also allows for workers to receive PTD if they suffer an injury that, when combined with a prior disability, results in total permanent incapacity.
## Vocational Retraining And Loss Of Earning Capacity
Injured workers who are unable to return to their previous job but can perform other work may qualify for vocational retraining benefits. Wisconsin workers’ compensation law provides retraining programs under Wis. Stat. § 102.61, covering tuition, books, and living expenses while the worker attends school or training. If retraining is not an option, an injured worker may qualify for additional benefits based on loss of earning capacity, if the injury is unscheduled and has significantly reduced the worker’s ability to earn a living.
## Lump-Sum Settlements And Disputes Over Disability Ratings
Some injured workers may choose to settle their claims for a lump-sum payment rather than receiving weekly benefits. While this option provides immediate compensation, it can also limit future claims. Wisconsin law requires settlement agreements to be approved to ensure they are fair to the injured worker. Employers and insurance companies often dispute the extent of permanent disabilities, requiring injured workers to present medical evidence and possibly undergo independent medical examinations (IME). If a dispute arises, the case may be heard before the Wisconsin Department of Workforce Development, where a judge will determine the level of benefits.
## Wisconsin Workers’ Compensation FAQs
### What Should I Do If The Insurance Company Disputes My Permanent Disability Rating?
If the insurance company challenges your disability rating, they may request an independent medical examination (IME). You are required to attend the IME. This doctor is hired by the insurance company and may downplay your injuries. You have the right to present medical evidence from your treating physician and request a hearing before the Wisconsin Department of Workforce Development if necessary.
### How Are Permanent Partial Disability Payments Calculated?
Permanent partial disability payments are based on the type of injury you have and how many weeks of compensation the injury is worth. The number of weeks of benefits is determined by the impairment rating assigned by the doctor. The number of weeks of benefits is then multiplied by the weekly benefit rate which is determined by the date of the injury.
### Can I Still Work If I Am Receiving Permanent Partial Disability Benefits?
Yes, many workers receiving PPD benefits continue working in a different capacity. The benefits compensate for a percentage of lost function, but they do not prohibit a person from earning an income. However, returning to work may impact eligibility for certain benefits.
### What Happens If My Employer Refuses To Pay My Permanent Disability Benefits?
If your employer or their insurance company refuses to pay your benefits, you have the right to file a claim with the Wisconsin Department of Workforce Development. A hearing may be required, where a judge will review medical records and evidence to determine your entitlement to benefits.
### Can I Settle My Permanent Disability Claim For A Lump Sum?
Yes, injured workers may negotiate a lump-sum settlement instead of receiving weekly payments if there is a dispute over the percentage of permanent partial disability. However, it is important to evaluate whether the settlement is fair. Any settlement must be approved by the Wisconsin Department of Workforce Development.
### Will I Receive Workers’ Compensation Benefits For Life If I Am Permanently Disabled?
If you are classified as permanently and totally disabled, you may receive benefits for life. Wisconsin law provides ongoing payments for workers who are unable to work in any capacity due to their injuries. However, insurance companies may challenge these claims, so having legal representation is important. Permanent partial disabilities provide only limited benefits based on a formula.
### Does Wisconsin Workers’ Compensation Cover Vocational Retraining?
Yes, Wisconsin law allows for vocational retraining benefits if an injured worker cannot return to their previous job. These benefits may include tuition, books, and a stipend for living expenses while attending training or school.
### Can My Workers’ Compensation Benefits Be Reduced If I Have A Pre-Existing Condition?
A pre-existing condition does not automatically disqualify you from benefits. If a work injury aggravates a pre-existing condition, Wisconsin workers’ compensation law generally holds the employer responsible for the full extent of the injury. However, employers and insurers often dispute these claims.
## Call Our Milwaukee Worker’s Compensation Lawyer For Your Free Consultation
If your work injury has resulted in a permanent disability, the legal team at Gillick, Wicht, Gillick & Graf can help you secure the benefits you deserve. Wisconsin workers’ compensation laws are complex, and insurance companies often dispute permanent disability claims. We have extensive experience representing injured workers and fighting for their rights. Let us review your case and discuss your legal options.
Contact our [Milwaukee worker’s compensation lawyer](https://www.gillickwicht.com/workers-compensation) at Gillick Wicht & Graf by calling 414-257-2667 to [receive your free consultation](https://www.gillickwicht.com/Contact.shtml). Our offices are located in Milwaukee, and we represent injured workers throughout Wisconsin.
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**Categories:** Worker’s Compensation Lawyer
---
### [Filing A Workers' Compensation Claim For Construction Site Injuries In Wisconsin](https://www.gillickwicht.com/filing-a-workers-compensation-claim-for-construction-site-injuries-in-wisconsin/)
**Published:** March 17, 2025
**Author:** admin
**Content:**
Construction sites are among the most dangerous workplaces in Wisconsin. Workers handle heavy machinery, operate at significant heights, and face exposure to hazardous materials daily. When workplace accidents happen, the injuries can be serious, leaving workers unable to return to their jobs. Wisconsin workers’ compensation law ensures injured workers receive compensation for medical expenses, lost wages, and rehabilitation costs. However, the workers’ compensation claims process in Wisconsin is complex. In many cases, employers or their insurance companies challenge a worker’s right to receive the financial compensation they deserve.
Under [Wisconsin Statutes § 102.03](https://docs.legis.wisconsin.gov/statutes/statutes/102/03#:~:text=102.03%20Conditions%20of%20liability.,where%20the%20following%20conditions%20concur%3A&text=(a)%20Where%20the%20employee%20sustains,the%20provisions%20of%20this%20chapter.), employers are required to carry workers’ compensation insurance to make sure that their employees receive benefits if they are injured on the job. Unlike personal injury claims, workers’ compensation does not require proof of negligence. As long as the injury occurred while performing job-related duties, the worker should qualify for benefits. However, failure to follow proper filing procedures or missing deadlines could result in a denied claim.
## Key Steps To Filing A Workers’ Compensation Claim
### Report The Injury Immediately
Wisconsin law under [Wis. Stat. § 102.12](https://docs.legis.wisconsin.gov/document/statutes/102.12) requires workers to report workplace injuries to their employer as soon as possible. While the law allows a 30-day deadline, waiting too long can raise doubts about the claim and may lead to a denial. A written report detailing the incident, location, and injuries sustained can help establish a record of the event.
### Seek Medical Treatment
Injured workers must see a doctor as soon as possible. Under [Wis. Stat. § 102.42](https://codes.findlaw.com/wi/employment-compensation-and-mining-ch-101-to-109/wi-st-102-42/), medical care must be covered by workers’ compensation if the injury is work-related. Choosing a doctor with experience in workplace injuries is important, as their medical report will play a significant role in the claim. Workers should inform their doctor that the injury occurred at work and keep all medical records.
### File A Workers’ Compensation Claim
Once the injury is reported, the employer must file a First Report of Injury with their insurance carrier. If the employer does not report the injury, the worker can file a claim directly with the Wisconsin Department of Workforce Development (DWD). Wisconsin law under Wis. Stat. § 102.17 allows injured workers up to two years from the date of injury to file a claim if their employer or insurer does not cooperate.
### Understand The Benefits Available
Workers’ compensation benefits include:
- Medical Expenses – Coverage for doctor visits, surgeries, medications, and rehabilitation.
- Lost Wages – Temporary Total Disability (TTD) benefits for those unable to work during recovery.
- Permanent Disability – Permanent Partial Disability (PPD) or Permanent Total Disability (PTD) benefits if the injury leads to long-term impairment.
- Vocational Rehabilitation – Training for workers who cannot return to their previous job.
## Wisconsin Workers’ Comp Frequently Asked Questions
### What Should I Do If My Employer Refuses To Report My Injury?
If an employer refuses to report an injury, the worker can file a claim directly with the Wisconsin Department of Workforce Development (DWD) under Wis. Stat. § 102.17. Documenting the injury and seeking medical attention can strengthen the claim.
### Can I Choose My Own Doctor For Treatment?
Yes, Wisconsin law allows injured workers to choose their own doctor. However, Wis. Stat. § 102.42 states that workers may need to see an employer-approved doctor for independent medical evaluations (IMEs).
### What Happens If My Workers’ Compensation Claim Is Denied?
If a claim is denied, workers have the right to appeal the decision through the Wisconsin Division of Hearings and Appeals. Providing additional medical records and legal representation can help challenge a denial.
### Can I Receive Workers’ Compensation If I Am At Fault For My Injury?
Yes, workers’ compensation is a no-fault system, meaning workers can receive benefits even if they contributed to their own injury, as long as it occurred while performing job-related duties.
### What If A Third Party Caused My Construction Accident?
If a third party (such as a subcontractor, manufacturer, or property owner) caused the injury, the worker may be able to file a personal injury claim in addition to receiving workers’ compensation.
### How Long Do I Have To File A Claim?
Workers must report injuries within 30 days under Wis. Stat. § 102.12, but they have two years to file a formal claim if their employer does not report it.
### Will My Workers’ Compensation Benefits Cover All My Lost Wages?
Workers’ compensation typically covers two-thirds of lost wages.
### Can I Be Fired For Filing A Workers’ Compensation Claim?
It is illegal for an employer to retaliate against a worker for filing a claim. Workers who face termination or discrimination for a work injury should seek legal assistance immediately.
### Can I Receive Workers’ Compensation Benefits If I Return To Work With Restrictions?
Yes, if you return to work with restrictions but earn less than before your injury, you may be eligible for Temporary Partial Disability (TPD) benefits under Wis. Stat. § 102.43. These benefits help cover a portion of the wage difference between your pre-injury earnings and your reduced earnings due to work limitations.
### What Should I Do If My Employer’s Insurance Company Pressures Me To Settle My Claim?
Insurance companies often push injured workers into settlements that may not fully cover long-term medical costs or lost wages. Before accepting any settlement, you should consult an attorney to review the terms and to make sure you are receiving fair compensation. Once a settlement is finalized, you may not be able to seek additional benefits later.
## Contact Our Milwaukee Workers’ Comp Attorneys For Your Free Consultation
At Gillick, Wicht, Gillick & Graf, we help construction workers in Janesville and throughout Wisconsin secure the benefits they deserve. Workers’ compensation laws are designed to protect injured employees, but insurance companies often challenge legitimate claims. If you have suffered an injury on a construction site, we can fight for your rights and ensure you receive the compensation you need.
Contact our [Milwaukee workers’ comp attorney](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf by calling [414-257-2667](tel:14142572667) to [receive your free consultation](https://www.gillickwicht.com/Contact.shtml). Our Milwaukee office serves clients across Wisconsin, helping injured workers secure fair compensation and get back on their feet.
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---
### [How Wisconsin Workers' Compensation Law Handles Injuries That Occur While Telecommuting](https://www.gillickwicht.com/how-wisconsin-workers-compensation-law-handles-injuries-that-occur-while-telecommuting/)
**Published:** March 3, 2025
**Author:** admin
**Content:**
The rise of remote work has created new challenges for workers’ compensation claims in Wisconsin. When an employee suffers an injury while working from home, questions often arise about whether the injury qualifies for workers’ compensation benefits. Wisconsin law requires employers to provide workers’ compensation coverage for their employees, including those who work remotely. However, proving that an injury is work-related can be more complex when it happens outside a traditional office setting.
Under [Wisconsin Statutes Section 102.03](https://law.justia.com/codes/wisconsin/chapter-102/section-102-03/), an injury is compensable if it arises out of and occurs within the scope of employment. This means that employees injured while performing job-related tasks at home may qualify for benefits if they can demonstrate that the injury was directly connected to their work. Employers and insurance companies may challenge these claims, making it essential for injured workers to understand their rights and legal options.
## When A Telecommuting Injury Qualifies For Workers’ Compensation
For an injury to be covered under Wisconsin’s workers’ compensation laws, it must have occurred while performing job duties. Employees must show that they were engaged in a task required by their employer when the injury happened.
Examples of work-related injuries while telecommuting:
- Slipping and falling while walking to a home office for a scheduled work call.
- Repetitive strain injuries from prolonged computer use required for remote job tasks.
- Lifting injuries caused by moving work-related materials at home.
- Electrical injuries from using company-provided equipment.
## Common Challenges In Remote Work Injury Claims
### Establishing The Work Connection
Since no supervisor or coworker is present to witness the injury, proving that it occurred during work hours and was job-related can be more difficult. Employees should document when, where, and how the injury happened.
### Employer And Insurance Company Disputes
Some employers and insurance companies may deny telecommuting-related claims by arguing that the injury happened outside the course of employment. Under Wisconsin Statutes Section 102.03(1)(c)3, injuries that occur while an employee is engaged in personal activities may not be covered.
### Blurred Boundaries Between Work And Personal Life
Unlike a traditional workplace, home environments mix work and personal activities. If an injury occurs while an employee is doing non-work-related tasks, it may not qualify for workers’ compensation.
## Wisconsin Workers’ Comp Frequently Asked Questions
### Are Injuries That Happen At Home Covered Under Workers’ Compensation?
Yes, if the injury occurs while performing job-related duties and meets the requirements under Wisconsin Statutes Section 102.03, it may qualify for workers’ compensation benefits.
### How Do I Prove That My Injury Was Work-Related?
Employees should document the time, location, and cause of the injury, report it to their employer immediately, and seek medical treatment. Any communication with the employer about work tasks at the time of injury can also support the claim.
### What If My Employer Denies My Remote Work Injury Claim?
If an employer or insurance company denies the claim, employees can file an appeal through the Wisconsin Department of Workforce Development to seek a fair review of their case.
### Can I Receive Workers’ Compensation If I Was Injured During A Work Break?
If the break was brief and within a reasonable scope of employment, the injury may still be covered. However, if the injury happened during a personal activity unrelated to work, the claim may be denied.
### Do I Need To Report My Remote Work Injury Right Away?
Yes, delaying the report of an injury can weaken a claim. Under Wisconsin Statutes Section 102.12, employees must report injuries within 30 days to preserve their right to benefits.
### Will My Employer Monitor My Home Workspace To Prevent Injuries?
Employers have limited oversight of home workspaces, but they may offer ergonomic guidelines or workplace safety recommendations to reduce injury risks.
### What Types Of Benefits Can I Receive For A Remote Work Injury?
Injured workers may receive medical expense coverage, temporary disability benefits, permanent disability compensation, and vocational rehabilitation assistance under Wisconsin’s workers’ compensation laws.
If you have suffered an injury while working remotely in Wisconsin, you may be entitled to workers’ compensation benefits. Employers and insurance companies often challenge telecommuting injury claims, making legal representation crucial.
At Gillick, Wicht, Gillick & Graf, we fight for the rights of injured workers and ensure they receive the compensation they deserve. Call us today at 414-257-2667 for a free consultation. Our law offices in Milwaukee serve injured workers throughout Wisconsin. Let us help you protect your rights and secure the benefits you need.
## Contact Our Milwaukee Workers’ Compensation Attorneys For A Free Consultation
Contact our [Milwaukee workers’ compensation attorney](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf by calling [414-257-2667](tel:14142572667) to [receive your free consultation](https://www.gillickwicht.com/Contact.shtml). With offices in Milwaukee, we proudly represent injured workers throughout Wisconsin. Let us help you fight for the benefits and treatment you need to recover and move forward.
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**Categories:** Workers’ Compensation Attorney
---
### [Occupational Hearing Loss Claims In Wisconsin](https://www.gillickwicht.com/occupational-hearing-loss-claims-in-wisconsin/)
**Published:** February 17, 2025
**Author:** admin
**Content:**
Occupational hearing loss is one of the most common workplace injuries in Wisconsin, particularly in industries where workers are exposed to loud machinery, equipment, or environments over long periods. Even though hearing loss often develops gradually, it can substantially impact your quality of life and ability to work. Fortunately, Wisconsin worker’s compensation laws provide protections for employees who suffer from job-related hearing loss, ensuring they receive the medical care and financial compensation they deserve.
Under Wisconsin law, hearing loss caused by exposure to workplace noise is considered an occupational disease, making it eligible for worker’s compensation benefits. Employers are required to provide a safe work environment, and when prolonged exposure to hazardous noise levels leads to hearing damage, employees have the right to file a claim. Filing and proving an occupational hearing loss claim can be complex, but understanding your rights under the law can help you move forward with confidence.
## Understanding Occupational Hearing Loss And Wisconsin Worker’s Compensation Law
### What Qualifies As Occupational Hearing Loss?
Occupational hearing loss occurs when prolonged exposure to excessive noise levels at work causes partial or total hearing impairment. Wisconsin worker’s compensation law defines noise-induced hearing loss as an occupational disease under [Wis. Stat. § 102.565](https://docs.legis.wisconsin.gov/statutes/statutes/102/565). This means that if your hearing loss is related to your job duties or work environment, you may be entitled to receive worker’s compensation benefits.
### Employer Responsibilities And Noise Levels
Employers in Wisconsin are required to implement safety measures to minimize workplace hazards, including excessive noise. The Occupational Safety and Health Administration (OSHA) sets permissible noise exposure limits, but even when these guidelines are followed, some workers may still suffer hearing loss over time. Employers must also provide hearing protection devices and conduct regular hearing tests for employees in noisy work environments.
### Eligibility For Compensation
To be eligible for worker’s compensation benefits in Wisconsin, claimants must prove that their hearing loss is related to their job. This involves providing medical documentation, audiograms, and expert testimony linking your condition to your workplace exposure. Wisconsin worker’s compensation law also requires workers to notify their employer of the injury as soon as possible to ensure eligibility for benefits.
## Legal Issues And Challenges In Hearing Loss Claims
1. **Proving Work-Related Hearing Loss** – Hearing loss often develops gradually, making it difficult to pinpoint when and how it occurred. Establishing a clear connection between your hearing loss and your workplace environment is critical to securing benefits.
2. **Statute Of Limitations** – Under Wisconsin worker’s compensation law, claims for occupational hearing loss must be filed within a specific timeframe, typically [two years](https://dwd.wisconsin.gov/wc/workers/) from when you knew or should have known about the injury. Delays can jeopardize your ability to recover benefits. However, the statute of limitations is 12 years for occupational hearing loss.
3. **Partial Versus Total Disability** – Worker’s compensation benefits for hearing loss may vary depending on whether your impairment is classified as partial or total. A thorough medical evaluation is needed to determine the extent of your condition and the benefits you may be entitled to.
4. **Employer And Insurance Challenges** – Employers and their insurance companies may dispute hearing loss claims, arguing that the condition is unrelated to your job or is the result of aging or pre-existing conditions. Legal representation can help counter these challenges and ensure you receive fair treatment.
## Occupational Hearing Loss Claim Frequently Asked Questions
### What Are The Signs Of Occupational Hearing Loss?
Common signs of occupational hearing loss include difficulty hearing conversations, a constant ringing in your ears (tinnitus), and needing to increase the volume on devices like phones or TVs. If you experience any of these symptoms and work in a noisy environment, you should seek medical attention.
### How Do I Prove My Hearing Loss Is Work-Related?
Proving work-related hearing loss requires medical evidence, such as audiograms and a diagnosis from a qualified professional. It’s also important to demonstrate your exposure to high noise levels at work through documentation, such as workplace safety reports or job descriptions.
### What Benefits Are Available For Occupational Hearing Loss In Wisconsin?
Under Wisconsin worker’s compensation law, benefits may include coverage for medical expenses, hearing aids and permanent partial disability benefits. The amount you receive will depend on the severity of your hearing loss.
### Do I Need To Report My Hearing Loss To My Employer Immediately?
Yes, it is essential to notify your employer as soon as you suspect work-related hearing loss. Prompt reporting helps ensure that your claim is filed within the required timeframe and avoids disputes about when the injury occurred.
### Can I Still File A Claim If My Hearing Loss Occurred Over Many Years?
Yes, Wisconsin worker’s compensation law recognizes that occupational hearing loss often develops gradually. As long as you file your claim within the statute of limitations, you may be eligible for benefits, even if the damage occurred over several years.
### What Should I Do If My Employer Denies My Hearing Loss Claim?
If your claim is denied, you have the right to appeal. Working with a Wisconsin worker’s compensation attorney can help you gather additional evidence, represent you in hearings, and advocate for the benefits you deserve.
## Contact Our Milwaukee Worker’s Compensation Law Firm For A Free Claim Review
If you’re experiencing occupational hearing loss, it’s crucial to understand your rights and take action to secure the compensation your claim deserves. At Gillick, Wicht, Gillick & Graf, we have extensive experience helping workers in Wisconsin navigate the complexities of worker’s compensation claims. We are dedicated to ensuring that injured workers receive the support they need to recover and move forward.
Contact our [Milwaukee worker’s compensation law firm](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf by calling [414-257-2667](tel:14142572667) to [receive your free consultation](https://www.gillickwicht.com/Contact.shtml). With our office located in Milwaukee, we proudly represent injured workers throughout Wisconsin. Let us help you protect your rights and secure the benefits you’re entitled to under the law.
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---
### [Handling Disputes Over Medical Treatment In Wisconsin Workers’ Compensation Cases](https://www.gillickwicht.com/handling-disputes-over-medical-treatment-in-wisconsin-workers-compensation-cases/)
**Published:** February 3, 2025
**Author:** admin
**Content:**
Disputes over medical treatment can create significant challenges for injured workers seeking workers’ compensation benefits in Wisconsin. [Wisconsin’s workers’ compensation system](https://dwd.wisconsin.gov/wc/) is designed to make sure that employees receive necessary medical care and benefits after a workplace injury. However, disagreements can arise between injured workers, employers, and insurance companies regarding medical treatment. These disputes center around what constitutes reasonable and necessary care. When medical treatment disputes arise, the injured workers can feel uncertain about their legal rights, options, and future. As Wisconsin workers’ comp attorneys dedicated to helping injured workers, we aim to clarify how these disputes can be addressed under Wisconsin workers’ compensation law.
Under [Wisconsin Statute § 102.16](https://docs.legis.wisconsin.gov/statutes/statutes/102/16/2m), employers and their insurers must cover the medical expenses related to workplace injuries. However, disputes can occur when employers or insurers question the necessity, cost, or appropriateness of a particular treatment. Understanding your rights and the legal processes involved is crucial to resolving these issues and obtaining the care you need to recover.
## Common Reasons For Medical Treatment Disputes
- **Denial Of Treatment** – Employers or insurers sometimes deny a specific medical procedure or therapy by claiming the treatment is medically unnecessary or is not related to the work injury.
- **Choice Of Doctor** – Wisconsin law permits injured workers to choose their treating physician. Disputes may arise if an employer or insurer questions your doctor’s recommendations or insists on an independent medical examination (IME).
- **Cost Of Treatment** – Insurers may argue that a recommended treatment is too expensive and suggest alternative, less costly options.
- **Disagreement Over Diagnosis** – If there is a conflict between your treating physician’s diagnosis and the insurer’s IME, the insurer may dispute the recommended course of treatment.
## Resolving Medical Treatment Disputes
Under Wisconsin workers’ compensation laws, there are steps you can take to resolve disputes and protect your rights to necessary medical treatment.
- - **Know Your Right To Choose A Doctor** – Wisconsin law gives injured workers the right to select their treating physician. If the insurer disputes your doctor’s recommendations, you are entitled to seek a second opinion from another qualified healthcare provider.
- **Independent Medical Examinations (IME)** – Employers and insurers may require you to undergo an IME conducted by a doctor of their choice. While IMEs are legal, the findings often favor the employer or insurer. You can challenge the IME report by presenting evidence from your treating physician or additional medical experts.
- **File A Dispute With The Wisconsin Department Of Workforce Development (DWD)** – If disputes over medical treatment persist, you can file a complaint with the DWD under Wisconsin Statute § 102.16. The DWD can mediate or hold a hearing to determine whether the treatment in question is necessary and covered.
- **Seek Legal Representation** – Workers’ compensation claims are complex, involving detailed medical records and legal arguments. This is why working with our workers’ compensation attorneys can help make sure that your workers’ compensation case is presented effectively and that your rights are protected throughout the claims process.
## Wisconsin Workers’ Compensation Medical Treatment Frequently Asked Questions
### What Medical Treatments Are Covered Under Wisconsin Workers’ Compensation Law?
Wisconsin workers’ compensation law covers all reasonable and necessary medical treatments related to a workplace injury. This includes doctor visits, surgeries, medications, physical therapy, and rehabilitation. The treatment [must be deemed necessary](https://dwd.wisconsin.gov/wc/medical/treatment-guidelines.htm#:~:text=is%20not%20compensable.-,Under%20s.,effects%20of%20a%20work%20injury.) by a qualified healthcare provider.
### Can I Choose My Own Doctor For Workers’ Compensation Treatment?
Yes, Wisconsin law allows you to choose your treating physician. However, disputes may arise if your employer or their insurer questions your doctor’s recommendations. If this happens, you can seek a second opinion or legal assistance to address the issue.
### What Should I Do If My Treatment Is Denied By The Insurer?
If the insurer denies your treatment, start by obtaining a detailed explanation for the denial. You can challenge their decision by providing additional medical evidence from your treating physician. Filing a dispute with the Wisconsin Department of Workforce Development is another option to resolve the matter.
### What Is An Independent Medical Examination, And How Does It Affect My Claim?
An [independent medical examination](https://dwd.wisconsin.gov/wc/medical/ime.htm) (IME) is conducted by a doctor chosen by your employer or insurer to assess your injury and treatment. The IME report can influence the insurer’s decision to approve or deny care. If the IME contradicts your treating physician’s recommendations, you can challenge it with additional evidence.
### How Can An Attorney Help With Medical Treatment Disputes?
An attorney can guide you through the dispute resolution process, gather evidence to support your claim and represent you in hearings before the Wisconsin Department of Workforce Development. Legal representation ensures that your rights are protected and that you receive the medical care you need.
## Call Our Milwaukee Worker’s Compensation Attorneys For A Free Consultation
If you are facing disputes over medical treatment in your Wisconsin workers’ compensation case, it’s important to act quickly to protect your rights. At Gillick, Wicht, Gillick & Graf, we are committed to helping injured workers secure the medical care they deserve. Our legal team understands the challenges of these disputes and is here to guide you every step of the way.
Contact our [Milwaukee worker’s comp attorney](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf by calling [414-257-2667](tel:14142572667) to [receive your free consultation](https://www.gillickwicht.com/Contact.shtml). With offices in Milwaukee, we proudly represent injured workers throughout Wisconsin. Let us help you fight for the benefits and treatment you need to recover and move forward.
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---
### [The Impact Of Employer Intentional Torts On The Exclusive Remedy Rule In Wisconsin](https://www.gillickwicht.com/the-impact-of-employer-intentional-torts-on-the-exclusive-remedy-rule-in-wisconsin/)
**Published:** January 13, 2025
**Author:** admin
**Content:**
The Wisconsin worker’s compensation system is designed to ensure that injured workers receive prompt medical treatment and financial compensation for lost wages. This system operates under the exclusive remedy rule, which generally prevents employees in Wisconsin from suing their employers for workplace injuries outside of the Wisconsin worker’s compensation system. However, there are exceptions to this rule, and one of the most significant involves employer intentional torts. When an employer intentionally causes harm to an employee, the exclusive remedy rule may no longer apply. This issue is complex and requires a clear understanding of Wisconsin’s worker’s compensation statutes and case law.
Under [Wisconsin Statutes Section 102.03](https://law.justia.com/codes/wisconsin/chapter-102/section-102-03/), the worker’s compensation system is the primary mechanism for handling workplace injuries. The exclusive remedy provision makes sure that employees do not need to prove fault, while employers are shielded from most civil lawsuits. However, intentional acts by an employer, such as deliberate harm or gross misconduct, fall outside the scope of worker’s compensation. The courts in Wisconsin have recognized that employers should not be able to exploit the worker’s compensation system to escape liability for intentional wrongdoing.
## How Do I Qualify?
For a claim to qualify as an employer intentional tort, there must be evidence that the employer acted with a clear intent to harm the employee. This standard is higher than negligence or recklessness and requires proof that the employer’s actions were deliberate. These cases usually arise in situations involving workplace violence, hazardous conditions knowingly maintained by the employer, or explicit actions taken to injure a worker.
The consequences of employer intentional torts are significant. Employees who are successful in proving intent could be allowed to pursue a civil lawsuit outside the worker’s compensation system. Employers could end up paying additional damages, including punitive damages not available under worker’s compensation. This is why these cases are often heavily contested.
## Employer Intentional Torts And The Exclusive Remedy Rule In Practice
Employer intentional tort claims are uncommon. Wisconsin courts have clarified the parameters of these claims through decisions such as [*Jenson v. Employers Mut. Cas. Co.*](https://law.justia.com/cases/wisconsin/court-of-appeals/1990/89-0961-6.html), which emphasized that intent must be direct and unequivocal. Actions such as removing safety guards from machinery or failing to address known threats of workplace violence may meet this standard. However, the burden of proof is on the employee to establish that the employer’s actions were intentional, not merely negligent or reckless.
Wisconsin law also requires that such employer intentional tort claims meet strict procedural and evidentiary standards. This includes filing timely complaints and presenting clear documentation of the employer’s intent. These cases often involve detailed investigations into workplace conditions, internal communications, and employer policies.
For injured employees, the potential recovery in an intentional tort claim can be significant. While worker’s compensation benefits are limited to medical costs, lost wages, permanent partial disability and rehabilitation, a civil lawsuit allows for broader damages. These may include pain and suffering, emotional distress, and punitive damages designed to deter future misconduct.
Employees pursuing these claims need to act quickly and strategically. Consulting with a knowledgeable attorney early in the process is critical to preserving evidence, building a strong case, and understanding the interplay between worker’s compensation laws and civil liability.
## FAQs About Employer Intentional Torts And The Exclusive Remedy Rule In Wisconsin
### What Is The Exclusive Remedy Rule In Wisconsin Workers’ Compensation Law?
The exclusive remedy rule provides that worker’s compensation is the sole avenue for employees to recover damages for workplace injuries. This means employees cannot sue their employers in civil court for negligence. However, this rule does not apply in cases of employer intentional torts, where deliberate harm is alleged.
### What Qualifies As An Employer Intentional Tort?
An employer intentional tort requires evidence that the employer acted with a clear intent to harm the employee. This may involve actions like deliberately removing safety measures, maintaining hazardous conditions with knowledge of the risks, or engaging in physical violence. Negligence or recklessness alone does not meet the threshold for an intentional tort.
### How Does Wisconsin Define “Intent” In These Cases?
Wisconsin courts interpret intent as requiring a deliberate and conscious decision by the employer to cause harm. This standard is higher than negligence and involves proving that the employer’s actions were purposeful and directed toward causing injury.
### Can I Pursue Both A Worker’s Compensation Claim And A Civil Lawsuit?
Yes, in cases involving employer intentional torts, you can pursue both a worker’s compensation claim and a civil lawsuit. Worker’s compensation addresses immediate medical expenses and lost wages, while the civil lawsuit seeks additional damages, such as pain and suffering or punitive damages.
### What Damages Are Available In An Employer Intentional Tort Lawsuit?
In an intentional tort lawsuit, employees may recover damages beyond what worker’s compensation offers. These can include compensation for pain and suffering, emotional distress, and punitive damages designed to punish the employer’s misconduct and deter future wrongdoing.
### What Should I Do If I Suspect My Employer Intentionally Caused My Injury?
If you believe your employer intentionally caused your injury, it is important to document everything related to the incident, including workplace conditions, communications with your employer, and medical records. Consult an attorney immediately to evaluate your case and determine the best course of action.
### How Can An Attorney Help With These Claims?
An attorney plays a crucial role in employer intentional tort cases by gathering evidence, navigating the legal complexities, and advocating on your behalf. They can help you file the appropriate claims, meet procedural deadlines, and pursue maximum compensation for your injuries.
## Call Our Milwaukee Worker’s Compensation Lawyer For Your Free Consultation
If you believe your workplace injury resulted from an intentional act by your employer, you may be entitled to pursue legal action beyond worker’s compensation. At Gillick, Wicht, Gillick & Graf, we are committed to helping injured workers in Wisconsin seek the justice and compensation they deserve. Our experienced team understands the intricacies of Wisconsin worker’s compensation law and employer intentional tort cases.
Don’t wait to protect your valuable legal rights. Contact our [Milwaukee worker’s comp attorney](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf by calling 414-257-2667 to [receive your free consultation](https://www.gillickwicht.com/Contact.shtml). With our offices in Milwaukee, we represent injured workers throughout Wisconsin. Let us help you understand your options and fight for your interests.
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**Categories:** Worker’s Comp Attorney
---
### [How A Pre-Existing Condition Affects Your Workers’ Compensation Claim In Wisconsin](https://www.gillickwicht.com/how-a-pre-existing-condition-affects-your-workers-compensation-claim-in-wisconsin/)
**Published:** December 30, 2024
**Author:** admin
**Content:**
Workers’ compensation claims can be challenging, especially when a pre-existing condition becomes a factor. Many employees worry that their pre-existing injuries or health conditions will automatically disqualify them from receiving benefits. However, under [Wisconsin workers’ compensation law](https://dwd.wisconsin.gov/dwd/publications/wc/wkc-1-p.pdf), you may still be entitled to benefits even if a prior injury or condition is involved. These cases often depend on whether the work-related activity aggravated the pre-existing condition or created new symptoms that affect your ability to work. Understanding how the law applies to these situations can help you protect your legal rights and make sure that you receive the financial compensation your case deserves.
Wisconsin’s workers’ compensation system is designed to provide benefits regardless of fault, meaning it does not matter whether you or your employer caused the injury. This no-fault system, however, requires that the injury or illness arises out of and in the course of employment. When a pre-existing condition is involved, the key issue is whether your workplace activities or environment caused the condition to worsen significantly. To establish a valid claim, it’s essential to show that your job or work injury played a substantial role in the aggravation of your pre-existing condition.
## Wisconsin Statute § 102.03 Protects Injured Workers With Pre-Existing Conditions
Employers and insurance companies often try to deny or limit claims by arguing that the disability or medical condition was caused solely by the pre-existing injury and not work-related activities. This is where [Wisconsin Statute § 102.03 ](https://casetext.com/statute/wisconsin-statutes/regulation-of-industry/chapter-102-workers-compensation/section-10203-conditions-of-liability/analysis?sort=relevance&citingPage=1)comes into play. The law provides that if an injury or occupational disease is aggravated by employment, even partially, it may still be compensable. Proving this connection requires strong medical evidence and, in some cases, legal representation to challenge disputes.
One of the most critical steps in these cases is obtaining a detailed medical opinion from a qualified doctor. The doctor must explain how your workplace conditions or activities worsened your pre-existing condition. This medical testimony is vital in demonstrating that the worsening of the condition meets the “substantial factor” standard required under Wisconsin law. Without it, insurance adjusters may attempt to attribute your symptoms solely to the natural progression of the pre-existing condition, which could undermine your claim.
If you are concerned about how a pre-existing condition may impact your workers’ compensation claim, you are not alone. Many Wisconsin workers face similar challenges, and the law recognizes the complexities involved. Our legal team is here to help ensure that your rights are protected and that you receive the benefits you are entitled to under Wisconsin law.
## FAQs About Pre-Existing Conditions And Workers’ Compensation In Wisconsin
### What Is A Pre-Existing Condition Under Wisconsin Workers’ Compensation Law?
A pre-existing condition refers to any medical condition or injury you had before your current workplace injury or illness. This can include chronic conditions, prior injuries, or other health issues. Wisconsin law allows for compensation if your work activity aggravated or accelerated your pre-existing condition, provided it was a substantial factor in your disability or need for medical treatment.
### Can I Still Receive Benefits If My Work Aggravated My Pre-Existing Condition?
Yes, Wisconsin Statute § 102.03 states that if work activities substantially worsen a pre-existing condition, the injury is compensable. You must provide medical evidence that demonstrates how your job duties or work injury caused the aggravation or acceleration of your condition.
### How Do Insurance Companies Challenge Claims Involving Pre-Existing Conditions?
Insurance companies often argue that your symptoms are due to the natural progression of the pre-existing condition and not related to your work. They may use independent medical examinations (IMEs) to dispute your claim. It’s critical to have medical records and opinions from a trusted doctor who can support your case.
### What Medical Evidence Do I Need To Prove My Claim?
You need a detailed medical report from your doctor explaining how your job duties or work injury caused a significant change in your pre-existing condition. The report should outline the connection between your work and the worsening of your condition, using objective medical findings when possible.
### Can My Employer Fire Me For Filing A Workers’ Compensation Claim Involving A Pre-Existing Condition?
No, it is illegal for an employer to retaliate against you for filing a workers’ compensation claim. If you face retaliation, you may have grounds for additional legal action against your employer under Wisconsin law.
### What Benefits Can I Receive If My Pre-Existing Condition Was Aggravated By Work?
If your claim is approved, you may receive benefits such as medical expenses, temporary or permanent disability payments, and vocational rehabilitation if you cannot return to your prior job. The exact benefits depend on the severity of your condition and its impact on your ability to work.
### How Does Wisconsin Law Define “Aggravation” Of A Pre-Existing Condition?
Under Wisconsin workers’ compensation law, “aggravation” occurs when work-related activities substantially worsen, accelerate, or contribute to a pre-existing condition. The key is proving that your job or work injury was a significant factor in the change in your condition rather than the natural progression of the pre-existing condition. This connection must be supported by medical evidence and expert testimony.
### What If My Pre-Existing Condition Was Symptom-Free Before My Workplace Injury?
If your pre-existing condition was asymptomatic before your workplace injury and your job or work injury caused symptoms to emerge, you may still be eligible for workers’ compensation benefits. Wisconsin law recognizes that employment-related activities can trigger or exacerbate previously dormant conditions, making them compensable under the statute as long as the work activity or work injury is a substantial factor in the symptoms.
### Can I Receive Vocational Rehabilitation If My Pre-Existing Condition Prevents Me From Returning To Work?
Yes, if your work-related injury or the aggravation of your pre-existing condition prevents you from returning to your previous job, Wisconsin workers’ compensation law allows for vocational rehabilitation benefits. These benefits include retraining or job placement assistance to help you transition to new employment within your physical capabilities. An attorney can help ensure you receive these benefits if your condition prevents you from resuming your prior occupation.
## Contact Our Brookfield Worker’s Comp Attorney For A Free Consultation
If you’re dealing with a workers’ compensation claim involving a pre-existing condition, don’t let employers or insurance companies deny you the benefits you deserve. At Gillick, Wicht, Gillick & Graf, we have decades of experience helping injured workers throughout Wisconsin secure their rights under the law. Our Milwaukee-based team understands the complexities of Wisconsin workers’ compensation cases and is ready to guide you every step of the way.
Contact our [Brookfield worker’s comp attorney](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf by calling 414-257-2667 to [receive your free consultation](https://www.gillickwicht.com/Contact.shtml). We proudly represent injured workers across Wisconsin and are committed to helping you obtain the compensation you deserve.
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### [The Importance of Witness Statements In Worker's Compensation Cases](https://www.gillickwicht.com/the-importance-of-witness-statements-in-workers-compensation-cases/)
**Published:** December 17, 2024
**Author:** admin
**Content:**
Worker’s compensation cases are complex, and the details surrounding a workplace injury are crucial for a successful claim. Witness statements play a vital role in these cases by providing firsthand accounts of the incident. They help establish the circumstances of the injury, confirm that it occurred during the course of employment, and support the credibility of the injured worker’s claim. In Wisconsin, having strong witness statements can make the difference between a claim being approved or denied. We understand the challenges you may face during this process and are here to shed light on why witness testimonies are so important.
Under Wisconsin Worker’s Compensation Law, specifically [Wisconsin Statutes § 102](https://docs.legis.wisconsin.gov/statutes/statutes/102), employees injured at work are entitled to certain benefits. However, employers and insurance companies may sometimes dispute claims to avoid financial liability. Witness statements help the injured worker validate the incident by corroborating your account of the events. Witnesses can also provide an objective perspective that can counteract any doubts raised by the opposing party. Our [worker’s compensation law attorneys](https://www.gillickwicht.com/) believe that securing detailed and accurate witness statements soon after a workplace accident strengthens your position and helps ensure you receive the benefits you deserve.
## Information Witness Statement Should Include
Witness statements should include information about the conditions leading up to the accident, the incident itself, and any immediate aftermath. These eyewitness statements usually include descriptions of workplace hazards, lack of proper safety equipment, or other factors that contributed to the accident. According to [Wisconsin Statutes § 102.17(1)(a)](https://docs.legis.wisconsin.gov/statutes/statutes/102/17), evidence such as witness testimonies is admissible in worker’s compensation hearings and can significantly influence the outcome. We also advise gathering statements from anyone who saw the incident or has relevant information, including coworkers, supervisors, or even customers present at the time.
It’s important to understand that memories can fade over time. This is why we recommend collecting witness statements right after the injury occurs. Written statements should be detailed and signed by the witness, providing a clear record that can be referenced throughout the claims process. This proactive approach can help prevent disputes and reduce delays in receiving benefits.
We are committed to guiding you through the worker’s compensation process, including the critical step of obtaining and utilizing witness statements. Our goal is to ensure that your rights are protected and that you have the best possible chance of a favorable outcome.
## Worker’s Compensation FAQs
### How Do Witness Statements Affect My Worker’s Compensation Claim?
Witness statements are crucial in supporting your worker’s compensation claim. They provide independent confirmation of how your workplace injury occurred, verifying that it happened during work hours and under work-related circumstances. This evidence demonstrates that your injury is covered under Wisconsin Worker’s Compensation Law (§ 102). With credible witness statements, insurance companies are less likely to dispute your claim, which can lead to a faster and smoother resolution.
### Can Witness Statements Come From People Other Than Coworkers?
Absolutely. Witness statements can be obtained from anyone who observed the incident or has relevant information. This includes supervisors, contractors, customers, or any third parties present at the time of your injury. Their testimonies are valuable, especially if there is a dispute about the circumstances of the accident. Under [Wisconsin Statutes § 102.17(1)(a)](https://docs.legis.wisconsin.gov/statutes/statutes/102/17), all relevant evidence is considered in worker’s compensation proceedings, regardless of the witness’s relationship to you or your employer.
### What If There Were No Witnesses To My Workplace Injury?
Even if no one witnessed your injury, you can still pursue a worker’s compensation claim. It’s important to report the injury to your employer promptly and seek medical attention right away. You can provide a detailed personal statement about the incident. Additional evidence, such as surveillance footage or equipment maintenance records, may also support your claim. We can help you identify and gather alternative forms of evidence to build a strong case on your behalf.
### How Soon Should Witness Statements Be Collected After A Workplace Injury?
Collecting witness statements as soon as possible is essential. Memories can fade quickly, and details may become less accurate over time. Obtaining statements promptly ensures the information is fresh and reliable, which can significantly strengthen your claim under Wisconsin Worker’s Compensation Law (§ 102). Early collection also helps prevent issues that may arise if a witness becomes unavailable or their recollection diminishes.
### What If A Witness Refuses To Provide A Statement?
If a witness is hesitant to provide a statement, we can assist by reaching out to explain the importance of their testimony. Sometimes, witnesses may fear repercussions or feel unsure about the process. Under [Wisconsin Statutes § 102.125](https://docs.legis.wisconsin.gov/statutes/statutes/102/125#:~:text=102.125%20Fraud%20reporting%2C%20investigation%2C%20and,fraudulent%20in%20violation%20of%20s.), there are protections against employer retaliation for participating in worker’s compensation proceedings. We aim to reassure witnesses and address their concerns to encourage their cooperation, which can be vital for your case.
### Can My Attorney Help Gather And Prepare Witness Statements?
Yes, we can help you collect and prepare witness statements. Our involvement ensures that statements are thorough, legally sound, and gathered in a way that upholds the integrity of your case. We can communicate with witnesses on your behalf, ask pertinent questions, and document their accounts effectively. This professional approach enhances the credibility of the evidence presented under Wisconsin Statutes § 102.17, ultimately supporting your claim.
## Contact Our Milwaukee Worker’s Comp Attorney For A Free Consultation
At Gillick, Wicht, Gillick & Graf, we understand the complexities of worker’s compensation cases and the significant role that witness statements play in securing the benefits you need. Our experienced attorneys are dedicated to assisting injured workers in Milwaukee and throughout Wisconsin. We are here to help you navigate the legal process, gather essential evidence, and advocate for your rights every step of the way.
If you have been injured at work and need guidance on how to proceed with your claim, contact our [Milwaukee worker’s comp attorney](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf by calling 414-257-2667 to [receive your free consultation](https://www.gillickwicht.com/Contact.shtml). Our Milwaukee worker’s comp law firm proudly represents clients throughout the Milwaukee Area. Let us help you pursue the compensation you deserve.
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---
### [Navigating Vocational Rehabilitation In Wisconsin Workers' Compensation Cases](https://www.gillickwicht.com/navigating-vocational-rehabilitation-in-wisconsin-workers-compensation-cases/)
**Published:** December 2, 2024
**Author:** admin
**Content:**
## Understanding Vocational Rehabilitation in Wisconsin Workers’ Compensation Cases
Workers who sustain serious injuries on the job often find themselves unable to return to their previous positions. In Wisconsin, the workers’ compensation system includes provisions for vocational rehabilitation to help injured employees re-enter the workforce. Vocational rehabilitation services are designed to assist those who cannot perform their former job duties due to their injuries. Our [Wisconsin worker’s compensation attorneys ](https://www.gillickwicht.com/)are committed to guiding you through the process to ensure you receive the benefits you are entitled to under Wisconsin law.
[Wisconsin Statute § 102.61](https://docs.legis.wisconsin.gov/statutes/statutes/102/61) states the legal rights of injured workers to receive vocational rehabilitation benefits. This statute provides that if an employee cannot return to their previous employment and requires retraining or education to obtain suitable employment, they may be eligible for these services. The Department of Workforce Development’s Division of Vocational Rehabilitation (DVR) works with injured workers to develop a plan that addresses their specific needs and goals. Our team is experienced in working with the DVR and can help you navigate the requirements to access these benefits.
It’s important to understand that vocational rehabilitation is not limited to retraining for a new job. It may also include services such as job counseling, skill assessments, and assistance with job placement. Under [Wisconsin Statute § 102.43(5)](https://docs.legis.wisconsin.gov/statutes/statutes/102/43#:~:text=(5)%20(b)%20for,(c).&text=102.43(7)(c)1.), while participating in an approved vocational rehabilitation program, injured workers may continue to receive temporary total disability benefits. This financial support allows individuals to focus on their rehabilitation without the added stress of lost income. We can assist you in ensuring that your benefits continue during this critical time.
## Employer Or Insurance Company Disputes
Disputes may arise regarding the necessity or scope of vocational rehabilitation services. In some cases, employers or insurance companies will contest your eligibility or the proposed rehabilitation plan. In such situations, it’s important to have knowledgeable legal representation. Our attorneys are here to advocate on your behalf, presenting evidence and legal arguments to support your right to vocational rehabilitation under [Wisconsin Statute § 102.18](https://docs.legis.wisconsin.gov/statutes/statutes/102/18). We are dedicated to protecting your interests and helping you achieve the best possible outcome.
Understanding your rights and the resources available is crucial in workers’ compensation cases. Vocational rehabilitation can play a significant role in your recovery and future employment opportunities. Our goal is to provide you with the information and support you need to make informed decisions about your case.
## Vocational Rehabilitation FAQs
### What Is Vocational Rehabilitation In Wisconsin Workers’ Compensation Cases?
Vocational rehabilitation refers to services provided to injured workers who are unable to return to their previous employment due to work-related injuries. These vocational rehabilitation services are designed to help workers gain the skills and training needed to obtain suitable employment. Under [Wisconsin Statute § 102.61](https://docs.legis.wisconsin.gov/statutes/statutes/102/61), eligible workers can receive assistance with education, retraining, job placement, and other support services. The goal is to facilitate a successful return to the workforce in a capacity that accommodates any limitations resulting from the injury.
### How Do I Know If I Am Eligible For Vocational Rehabilitation Benefits?
Eligibility for vocational rehabilitation benefits is determined by assessing whether you can return to your previous job or if you have permanent work restrictions that prevent you from performing your former duties. A vocational evaluation may be conducted to assess your skills, abilities, and potential for retraining. The Division of Vocational Rehabilitation (DVR) will work with you to develop an individualized plan. Our attorneys can help you understand the eligibility criteria outlined in Wisconsin Statute § 102.61 and assist you in applying for these benefits.
### Can I Continue To Receive Workers’ Compensation Benefits While Participating In Vocational Rehabilitation?
Yes, while you are actively participating in an approved vocational rehabilitation program, you may continue to receive temporary total disability benefits. According to [Wisconsin Statute § 102.43(5)](https://docs.legis.wisconsin.gov/statutes/statutes/102/43#:~:text=(5)%20(b)%20for,(c).&text=102.43(7)(c)1.), these benefits are intended to provide financial support during your rehabilitation. This allows you to focus on your retraining or education without worrying about lost wages. Our team can help ensure that your benefits are properly managed and that you receive the support you need throughout the process.
### What If My Employer Or Their Insurance Company Disputes My Need For Vocational Rehabilitation?
Disputes can occur if an employer or their insurance company challenges your eligibility for vocational rehabilitation or disagrees with the proposed plan. In such situations, it’s important to have legal representation to advocate for your rights. Under Wisconsin Statute § 102.18, you have the right to a hearing before the Department of Workforce Development to resolve disputes. Our attorneys can represent you in these proceedings, presenting evidence and arguments to support your claim for vocational rehabilitation benefits.
### What Happens If I Cannot Find A Job After Completing Vocational Rehabilitation?
If you complete a vocational rehabilitation program but cannot find suitable employment, you may still be eligible for additional support under Wisconsin’s workers’ compensation laws. In some cases, injured workers may qualify for extended benefits or additional job placement assistance. The Division of Vocational Rehabilitation (DVR) can continue to support you with resources, and our legal team can advise you on potential steps, such as exploring further training options or addressing any disputes with the workers’ compensation insurer.
### Can I Choose My Vocational Rehabilitation Counselor?
Yes, you can request a specific vocational rehabilitation counselor or provider if you feel that a certain counselor aligns well with your needs. However, the choice must typically be approved by the Division of Vocational Rehabilitation (DVR) and may need to meet certain standards set by the workers’ compensation program. Our attorneys can help you understand your rights in selecting a counselor and ensure that your choice aligns with your rehabilitation goals and Wisconsin workers’ compensation guidelines.
## Call Our Milwaukee Worker’s Comp Lawyers For Your Free Consultation
At Gillick, Wicht, Gillick & Graf, we are dedicated to assisting injured workers in understanding and accessing vocational rehabilitation services in Wisconsin workers’ compensation cases. Our Milwaukee worker’s comp attorneys are committed to guiding you through the complexities of the system and advocating for your rights. We understand the challenges you face and are here to provide the support and legal experience you need.
If you have questions about vocational rehabilitation or need assistance with your workers’ compensation claim, please contact our [Milwaukee workers’ comp attorney](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf by calling 414-257-2667 to [receive your free consultation](https://www.gillickwicht.com/Contact.shtml). We represent clients throughout the Milwaukee Area from our office location in Brookfield, Wisconsin. If you’re searching for a “worker’s compensation lawyer near me,” we are ready to help you navigate your path to recovery and return to work.
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### [Worker's Compensation For Seasonal Workers In Wisconsin](https://www.gillickwicht.com/workers-compensation-for-seasonal-workers-in-wisconsin)
**Published:** November 11, 2024
**Author:** admin
**Content:**
Understanding your rights as a seasonal worker under Wisconsin’s Workers’ Compensation laws is crucial after suffering a workplace injury. Seasonal workers, who play a vital role in industries like tourism, agriculture, and retail—particularly during peak periods—should be aware of their entitlement to worker’s compensation benefits if they’re injured on the job. Our Wisconsin worker’s compensation attorneys are here to guide you through this process.
Wisconsin law provides that all employees, including seasonal workers, may be eligible for workers’ compensation benefits if they’re injured on the job. This protection applies regardless of the time of year or the length of your employment. The Wisconsin Workers’ Compensation Act ([Wis. Stat. § 102.03](https://docs.legis.wisconsin.gov/statutes/statutes/102/03/2)) requires most employers to carry workers’ compensation insurance, ensuring coverage for work-related injuries or illnesses. This requirement extends to temporary and seasonal workers as long as they are classified as employees under the Act. In Wisconsin, eligibility is determined by your employment status at the time of the injury.
As we represent workers across Wisconsin, we often encounter misconceptions about coverage for seasonal employees. Many workers believe that they aren’t eligible for benefits because their employment is temporary. However, this isn’t the case. Wisconsin law covers all employees—full-time, part-time, or seasonal—as long as they meet the criteria outlined in [Wis. Stat. § 102.07](https://docs.legis.wisconsin.gov/statutes/statutes/102/07). Understanding these rights is crucial to ensuring you receive the worker’s compensation you deserve if you experience a workplace injury.
## Legal Rights Of Seasonal Workers In Wisconsin
Seasonal workers injured on the job are entitled to the same benefits as any other worker under the Wisconsin Workers’ Compensation Act. This includes medical expenses, compensation for lost wages, and even vocational rehabilitation in cases of long-term disability. [Wis. Stat. § 102.43](https://docs.legis.wisconsin.gov/2021/statutes/statutes/102/43) ensures that injured workers, regardless of their employment status, are entitled to two-thirds of their average weekly wage, up to a statutory maximum.
Additionally, medical treatment must be covered by the employer’s workers’ compensation insurance. This includes doctor visits, hospital stays, physical therapy, and prescription medications. Seasonal workers are entitled to choose their treating physician, ensuring they receive quality care.
## Challenges Facing Seasonal Workers
While Wisconsin law protects seasonal workers, unique challenges can arise while filing for worker’s compensation. One common issue is calculating the average weekly wage, especially for those whose hours may vary significantly. [Wis. Stat. § 102.11](https://docs.legis.wisconsin.gov/statutes/statutes/102/11) addresses this by allowing the calculation of the wage based on the average earnings of other employees engaged in similar work. If you face difficulties in proving your claim, contact our firm for a free consultation.
If an employer or insurance company disputes your eligibility, they may claim that you’re an independent contractor rather than an employee. This distinction is crucial, as independent contractors are not entitled to workers’ compensation benefits under Wisconsin law. [Wis. Stat. § 102.07(8)](https://docs.legis.wisconsin.gov/statutes/statutes/102/07/8) outlines the factors used to determine employment status, such as control over work performed and the method of payment.
## Worker’s Compensation FAQs
### How Do I Know If I’m Covered As A Seasonal Worker?
Seasonal workers are generally covered under Wisconsin’s Workers’ Compensation Act if they’re classified as employees. The key factor is your employment status, not the duration of your job. If your employer controls the work you do, the hours you work, and the method of payment, you’re likely considered an employee and are entitled to benefits.
### What Benefits Am I Entitled To If I’m Injured As A Seasonal Worker?
As a seasonal worker, you’re entitled to the same benefits as any other employee under the Wisconsin Workers’ Compensation Act. These include medical expenses, two-thirds of your average weekly wage for lost income, and vocational rehabilitation if necessary. The amount of compensation depends on the extent of your injury and your average earnings.
### How Is My Average Weekly Wage Calculated As A Seasonal Worker?
Your average weekly wage is calculated based on your earnings at the time of the injury. For seasonal workers with fluctuating hours, [Wis. Stat. § 102.11](https://docs.legis.wisconsin.gov/statutes/statutes/102/11) allows using the average earnings of similar employees in the same job to determine your wage. This ensures you receive fair compensation, even if your work hours vary from week to week.
### What Should I Do If My Employer Denies My Workers’ Compensation Claim?
If your employer denies your claim, you have the right to challenge the denial through the Wisconsin Department of Workforce Development’s Workers’ Compensation Division. It’s important to consult with an experienced workers’ compensation attorney to help you navigate the appeals process and advocate for your rights.
### Can My Employer Fire Me For Filing A Workers’ Compensation Claim?
No, Wisconsin law prohibits employers from retaliating against employees for filing a workers’ compensation claim.
### Can I Choose My Own Doctor For Treatment If I’m A Seasonal Worker Injured On The Job?
Yes, under Wisconsin law, injured workers, including seasonal employees, have the right to choose their own treating physician. This means you can select a doctor you trust for your care. However, if you decide to switch doctors, you may need to inform your employer or the insurance company, as there are limits to how many times you can change doctors without their approval.
### What If I’m Injured Towards The End Of My Seasonal Job? Will I Still Receive Benefits After My Employment Ends?
Yes, you’re still entitled to workers’ compensation benefits even if your seasonal employment ends after your injury. The benefits provided by the Wisconsin Workers’ Compensation Act continue regardless of your job status. This includes coverage for medical expenses, lost wages, and any other applicable benefits until you’ve recovered or reached maximum medical improvement.
## Contact Our Milwaukee Worker’s Comp Lawyer For A Free Consultation
If you’re a seasonal worker injured on the job, don’t let your employment status prevent you from getting the compensation you deserve. At Gillick, Wicht, Gillick & Graf, our experienced workers’ compensation attorneys are here to help guide you through the complexities of Wisconsin’s laws and fight for your rights. Contact our [Milwaukee worker’s comp lawyer](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf by calling 414-257-2667to [receive your free consultation](https://www.gillickwicht.com/Contact.shtml). With offices in Milwaukee, we proudly serve injured workers throughout Wisconsin, ensuring they receive the benefits they’re entitled to under the law.
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### [Cost of Living Adjustments In Wisconsin Worker's Compensation](https://www.gillickwicht.com/cost-of-living-adjustments-in-wisconsin-workers-compensation/)
**Published:** November 4, 2024
**Author:** admin
**Content:**
When filing a worker’s compensation claim in Wisconsin, one important factor that claimants should consider is the [Cost of Living Adjustment (COLA)](https://dpm.wi.gov/Pages/Employees/CompensationPlan.aspx). COLAs are designed to keep benefits fair over time by adjusting for inflation and rising living expenses. This adjustment helps injured workers maintain financial stability during their recovery. Let’s now explore how COLAs work in Wisconsin’s worker’s compensation system, the relevant statutes, and how they affect your benefits.
Under [Wisconsin Worker’s Compensation law](https://dwd.wisconsin.gov/dwd/publications/wc/wkc-7317.htm), COLAs play an important role in cases where an injured worker is receiving long-term or ongoing benefits. As the cost of living rises, the value of a fixed worker’s compensation benefit might not be sufficient to cover an injured worker’s future needs. The Wisconsin legislature recognizes this issue and allows for adjustments to be made, ensuring that the benefits keep pace with inflation.
According to [Wis. Stat. § 102.44(1)](/E:/SEO/Programmer/Websites/Blogs/Blogs%20Nov%202024%20-%20Set%202/_blank), individuals receiving permanent total disability (PTD) benefits are eligible for a COLA after they’ve been on worker’s compensation for a continuous period of time. This statute aims to protect injured workers who are unable to return to work and rely on these benefits as their primary source of income. The amount of the adjustment is tied to changes in the [state’s average weekly wage (SAWW)](https://iwcc.illinois.gov/resources/benefits.html), which fluctuates yearly. Essentially, if the SAWW increases, so do the benefits received by workers eligible for a COLA.
One point to keep in mind is that not all recipients of worker’s compensation benefits are entitled to cost of living adjustments. For instance, [temporary total disability (TTD) benefits](https://dwd.wisconsin.gov/wc/insurance/training/ttd/) and [temporary partial disability (TPD) benefits](https://dwd.wisconsin.gov/wc/insurance/training/tpd/) do not typically see these adjustments. The primary focus is on those who are permanently unable to work or are significantly impacted long-term. This distinction can sometimes be confusing, which is why understanding your rights under [Wis. Stat. § 102.44(1)](https://docs.legis.wisconsin.gov/1995/statutes/statutes/102/44/1) is so important.
The timing and calculation of these adjustments are also vital. The Wisconsin Department of Workforce Development (DWD) reviews and announces any changes to the average weekly wage annually. For those eligible for COLA, the adjustment typically takes effect on July 1st of each year. While the state strives to keep benefits fair, this adjustment is not automatically applied to every case, and you might need assistance to ensure your benefits are accurately recalculated.
As experienced Wisconsin worker’s compensation attorneys, we know how these cost-of-living adjustments can make a significant difference in maintaining your financial security. Underestimating your COLA can result in lower-than-expected benefits, which can be challenging if you are unable to work due to your injury. If you’re dealing with a long-term disability claim, understanding and ensuring that your COLA is correctly applied can have a significant impact on your quality of life moving forward.
## FAQs About Cost of Living Adjustments In Wisconsin Worker’s Compensation
### What Exactly Is A Cost Of Living Adjustment (COLA) In Wisconsin Worker’s Compensation?
A Cost of Living Adjustment (COLA) is an increase in worker’s compensation benefits designed to keep up with inflation and the rising cost of living. COLA ensures that injured workers receiving long-term benefits do not lose purchasing power over time.
### Are All Worker’s Compensation Claimants In Wisconsin Eligible For Colas?
No, not all claimants are eligible for COLAs. Only individuals receiving permanent total disability (PTD) benefits are entitled to this adjustment, as stated in [Wis. Stat. § 102.44(1)](/E:/SEO/Programmer/Websites/Blogs/Blogs%20Nov%202024%20-%20Set%202/_blank). Temporary disability benefits, such as temporary total disability (TTD) or temporary partial disability (TPD), do not receive COLAs. It’s important to check whether you qualify for this adjustment if you’re on a long-term disability claim.
### How Is The COLA Amount Determined For Wisconsin Worker’s Compensation?
The COLA amount is based on changes in the state’s average weekly wage (SAWW), which is determined by the Wisconsin Department of Workforce Development. This department reviews the SAWW and adjusts benefits annually. If the SAWW increases, your worker’s compensation benefits will be adjusted to reflect this change. The intent is to ensure that your benefits continue to meet your financial needs as the cost of living rises.
### What Should I Do If I Believe My COLA Has Not Been Properly Applied To My Worker’s Compensation Benefits?
If you suspect that your COLA has not been accurately calculated or applied, it’s crucial to seek legal assistance. The process can be complex, and any oversight might result in you receiving less than you’re entitled to. By working with an experienced worker’s compensation attorney, you can ensure that your benefits are correctly adjusted and that you receive the full amount owed to you, providing you with the support and guidance you need.
### How Does A Cost Of Living Adjustment (COLA) Impact My Overall Worker’s Compensation Settlement In Wisconsin?
A COLA can significantly impact your overall worker’s compensation if you are receiving long-term benefits, particularly for permanent total disability (PTD). By ensuring your benefits adjust according to inflation and the state’s average weekly wage, you receive an amount that reflects the current cost of living. This means that over time, you’ll have a better chance of maintaining financial stability, even as expenses rise. However, it’s crucial to monitor these adjustments to ensure you receive the correct amount.
### Can My Employer Or Their Insurance Company Dispute The Application Of A COLA To My Worker’s Compensation Benefits?
Yes, in some cases, employers or their insurance companies may dispute the application or calculation of a COLA. They might argue that the adjustment does not apply to your specific situation or that the amount is incorrectly calculated. This is why it’s vital to have a knowledgeable worker’s compensation attorney by your side who can advocate for your rights and ensure that your benefits are accurately adjusted according to Wisconsin statutes. They might also dispute the eligibility of the worker for COLA, which is another reason to have legal representation.
## Contact Our Worker’s Compensation Attorney For You Free Consultation
If you or a loved one is dealing with a worker’s compensation claim and are searching for a knowledgeable “[worker’s compensation attorney near me](https://www.gillickwicht.com/about/janesville-workers-compensation-attorney.shtml)” to help you understand how Cost of Living Adjustments may affect your benefits, our team at Gillick, Wicht, Gillick & Graf is here to help. We know the ins and outs of Wisconsin Worker’s Compensation laws and can guide you through this process, ensuring your benefits keep up with the rising cost of living. Contact Gillick, Wicht, Gillick & Graf today at [414-257-2667](tel:14142572667) to [receive a free consultation](https://www.gillickwicht.com/Contact.shtml). With offices located in Milwaukee, we proudly represent injured workers throughout Wisconsin.
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### [Filing A Worker's Compensation Claim For Repetitive Stress Injuries In Wisconsin](https://www.gillickwicht.com/filing-a-workers-compensation-claim-for-repetitive-stress-injuries-in-wisconsin)
**Published:** October 14, 2024
**Author:** admin
**Content:**
If you are suffering from a [repetitive stress injury](https://www.gillickwicht.com/understanding-repetitive-stress-injuries-your-guide-to-wisconsin-workers-compensation-claims) from your job in Wisconsin, then you might be entitled to benefits under workers’ compensation. Several occupations have numerous repetitious activities that can cause injuries over time, and the worker’s compensation laws of Wisconsin protect those workers who develop such types of injuries. How to file a claim for a repetitive stress injury is different from filing a claim for an acute injury or a broken bone, for example, and understanding the process is critical to receiving the benefits an injured worker deserves.
## What Are Repetitive Stress Injuries?
Repetitive stress injury, also known as repetitive motion injury or cumulative trauma disorder, is caused by consistent impact to the same muscles, tendons, or nerves; the areas become damaged. Since these types of injuries usually occur over time, it is usually difficult to track their origin to a specific accident or incident. Common complaints with RSIs include carpal tunnel syndrome, tendinitis, and bursitis. RSIs commonly occur with jobs that require repetitive tasks, such as typing, working on an assembly line, or even using vibrating tools.
## Repetitive Stress Injuries And Occupational Diseases
In Wisconsin Workers’ Compensation law, repetitive stress injuries and occupational diseases are classified as “occupational diseases” but differ in their specific causes and how they impact workers. Each type of injury requires different considerations when filing for workers’ compensation benefits.
### Repetitive Stress Injuries Explained
Repetitive stress injuries (RSIs) occur due to continuous, repetitive activities over an extended period. These injuries arise from the same movements or conditions that place strain on particular areas of the body. For instance, an office worker might develop carpal tunnel syndrome from constant typing, while a factory worker could experience back pain due to repetitive lifting. In addition to these common RSIs, exposure to consistent noise or hazardous chemicals may lead to hearing loss or chronic conditions like respiratory problems.
RSIs develop gradually, unlike acute injuries caused by a single event, and are tied to specific repetitive tasks performed in the workplace. Wisconsin Workers’ Compensation laws recognize that repetitive stress injuries are a direct result of prolonged exposure to certain work conditions. As such, claims related to RSIs require the worker to show that the continuous nature of their work tasks significantly contributed to the injury. For example, someone suffering from hearing loss after years of working in a noisy environment would file a claim under Wisconsin’s workers’ comp system, arguing that their exposure to noise was substantial and contributed to their injury.
### Occupational Diseases Under Wisconsin Worker’s Comp Laws
Occupational diseases are also characterized by gradual onset but refer to a wider variety of conditions beyond repetitive motion injuries. Occupational diseases can stem from long-term exposure to harmful substances or environments, impacting workers’ health over time. Examples include diseases caused by toxic chemical exposure, respiratory conditions like asthma or chronic bronchitis, and sensory impairments such as vision or hearing loss due to hazardous work conditions.
While repetitive stress injuries are generally linked to physical tasks, occupational diseases may be caused by environmental factors or hazardous exposures, including toxic chemicals or long-term strain on the body. In Wisconsin, these types of injuries and illnesses fall under the umbrella of occupational disease because they develop over time and are connected to the worker’s employment.
## Causation And Filing Claims For Occupational Diseases In Wisconsin
To qualify for workers’ compensation benefits in Wisconsin for an occupational disease, the key factor is proving that the work-related exposure or condition was a “material contributing cause” of the injury or illness. When filing for Wisconsin’s workers’ compensation, the claimant must outline how their job duties caused their condition.
The legal standard in Wisconsin for occupational diseases is not that the workplace condition must be the only cause of the disease—it must be a material contributing factor. In other words, if your work environment or tasks were a significant cause of the disease or injury, even if other factors also played a role, you may still be eligible for compensation.
For instance, if a worker suffers from lung disease partially due to lack of exercise but also from years of working in an environment with chemical fumes, they may still be able to receive compensation as long as the workplace exposure significantly contributed to the condition. The same is true for repetitive stress injuries like hearing loss—if work-related noise exposure made a meaningful contribution, even if other factors exist, a claim could still be viable.
This approach ensures that workers who face compounded issues from both work and non-work-related causes can still seek relief through Wisconsin’s workers’ compensation system.
## Filing A Repetitive Stress Injury Claim In Wisconsin
Worker’s compensation benefits in Wisconsin may be available to workers who are facing work-related injuries or illness, including repetitive stress injury. Proving that your RSI is related to work can be challenging because the injury usually builds up over time rather than occurring in a single incident. To make a successful worker’s compensation claim for an RSI, it pays to follow the following steps:
### Report Your Injury Promptly
Under [Wisconsin law](https://docs.legis.wisconsin.gov/statutes/statutes/102.pdf), you are supposed to notify your employer when you know of your injury. According to the [Wisconsin Statutes § 102.12](https://docs.legis.wisconsin.gov/statutes/statutes/102/12?view=section), failure to report an injury within 30 days of its onset may have adverse results on the claim. Because RSIs take time to develop, it is important that you document the date you first noticed your symptoms and the date you knew they were work-related.
### Seek Medical Attention
When you start developing the signs and symptoms of a repetitive stress injury, your first course of action should be to seek medical attention. Not only will your physician be able to identify the severity of your injury, but they will also be able to confirm whether or not the injury is being caused by your job duties. You will want to make sure that you inform your doctor that your symptoms have arisen from activities you perform within the workplace. This documentation will become highly crucial when filing your claim.
### File A Worker’s Compensation Claim
After reporting your injury to your employer and seeking medical attention, you must file a worker’s compensation claim. In Wisconsin, worker’s compensation is a no-fault system. This does not require you to prove that your employer is at fault in order to obtain your benefits; however, you must prove that your repetitive stress injury is work-related. This can be in the form of hospital records, doctor’s statements, and all other documentation that might substantiate your claim.
### Work With An Experienced Worker’s Compensation Attorney
Because repetitive stress injuries sometimes are difficult to document, it is absolutely essential to see a worker’s compensation attorney. A qualified attorney can assist you in gathering the necessary evidence, filing your claim correctly, and representing you if your claim is denied or disputed. At Gillick Wicht, Gillick & Graf we have lots of experience helping workers with RSI claims and are able to assist with every step of the process.
## What are the Benefits For Repetitive Stress Injuries?
If your claim is found valid, you could get a number of the many worker’s compensation benefits available in Wisconsin law, which may include:
**Medical Expenses** – Worker’s compensation covers all reasonable and necessary medical treatment related to your RSI, including doctor’s visits, surgeries, physical therapy, and prescription medications.
**Temporary Disability Benefits** – If you are out of work for a time because of your injury, you may be entitled to temporary total or partial disability benefits, which would replace part of the wage loss you experience. ([Wis. Stat. § 102.43](https://docs.legis.wisconsin.gov/2021/statutes/statutes/102/43)).
**Permanent Disability Benefits** – If your repetitive stress injury results in permanent damage, you may be entitled to permanent partial or total disability benefits, depending on the extent of your impairment.
**Vocational Rehabilitation** – If you are unable to return to your former employment because of your RSI, you may be entitled to vocational rehabilitation services to assist in finding your new employment. ([Wis. Stat. § 102.61](https://docs.legis.wisconsin.gov/statutes/statutes/102/61)).
## Common Problems In RSI Claims
A claim for repetitive stress injury is often more complicated than many other types of worker’s compensation claims for a number of reasons:
**Gradual Onset** – Unlike an acute injury, RSIs develop over time, so it may be impossible to determine the exact time and date of the injury.
**Multiple Contributing Factors** – RSIs may be caused by activities related to or unrelated to work, which makes establishing your claim difficult. For example, if you develop carpal tunnel syndrome from keying at work, you probably do some keying at home as well. The employer or their insurance company may say the injury is not related to work as much as possible.
Employer disputes are common with RSI claims, and employers often argue that the injury occurred outside of employment or that symptoms manifest due to natural aging.
At Gillick Wicht, Gillick & Graf, we understand that RSI claims can be particularly painful and life-changing. Our legal team is committed to helping injured workers like you through the difficult worker’s compensation system to ensure that your battle for benefits is relentless.
## FAQs About Repetitive Stress Injury Claims In Wisconsin
### How Much Time Do I Have To File A Worker’s Compensation Claim For A Repetitive Stress Injury In Wisconsin?
You have two years in Wisconsin, beginning from the date of your injury, to file your worker’s compensation claim. Since RSIs usually develop over time, the clock usually starts when you realize your injury is related to work. You should put in notice with your employer within 30 days to avoid problems with your claim – see [Wis. Stat. § 102.12](https://docs.legis.wisconsin.gov/statutes/statutes/102/12).
### What If My Employer Denies My RSI Claim?
You may appeal any denial of your claim by your employer. Our experienced worker’s compensation attorneys can help you obtain additional evidence and represent you on appeal. At Gillick Wicht, Gillick & Graf, we have had years of success with contested claims.
### Can I File A Claim If I Have Pre-Existing Conditions?
Yes, you can still claim worker’s compensation in Wisconsin if you have any pre-existing conditions, so long as the work activity has aggravated or accelerated the condition. Therefore, Wisconsin workers’ compensation laws cover workers whose job duties make an existing condition worse.
### What Kind Of Benefits Am I Entitled To Due To An RSI In Wisconsin?
Depending on the extent of your injury, you may have the right to medical benefits, permanent disability benefits, temporary disability benefits, and vocational rehabilitation services. Wis. Stat. § 102.42, 102.43, 102.44, 102.61.
### How Can A Workers’ Compensation Attorney Assist Me With My Claim?
A Workers’ Compensation attorney will assist you in gathering the necessary medical evidence of your injury, file your claim for you, and represent you through any disputes or appeals. At Gillick Wicht, Gillick & Graf, we have years of experience helping injured workers through this process.
## Call Our Brookfield Worker’s Comp Benefits Lawyer To Receive Your Free Consultation
If you’ve been diagnosed with a work-related repetitive stress injury, do not delay seeking the compensation that is rightfully yours. Gillick Wicht, Gillick & Graf are seasoned worker’s compensation attorneys you can rely on, based in Brookfield, Wisconsin. From Milwaukee and beyond, we fight for the benefits of injured workers.
To discuss your injury and your legal options, our law firm offers free consultations. If you have had your claim denied or are just not sure about how to move forward with your injury case, we are here to help. Contact our [Brookfield worker’s comp benefits lawyer](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf by calling [414-257-2667](tel:14142572667) to [receive your free consultation](https://www.gillickwicht.com/Contact.shtml) and learn more about how we can help you with your repetitive stress injury claim. You do not have to go through the worker’s compensation system alone. Let us guide you through every step of this process.
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### [Occupational Disease Claims In Wisconsin Worker’s Compensation](https://www.gillickwicht.com/occupational-disease-claims-in-wisconsin-workers-compensation/)
**Published:** October 1, 2024
**Author:** admin
**Content:**
As a seasoned workers’ compensation claims attorney, I understand the scope and complexity surrounding the filing of occupational disease claims under the Wisconsin Workers’ Compensation system. Generally speaking, an occupational disease is usually defined as disease that develops over time due to the nature of the work or working conditions. In order to have a successful claim, these conditions would need to be identified and properly documented.
Under Wisconsin law, defined under the [Wisconsin Statutes Section 102.01](/E:/SEO/Programmer/Websites/Blogs/Blogs%20Oct%202024%20-%20Set%204/_blank), an occupational disease is any disease caused primarily by exposure to a harmful condition or substance in the workplace peculiar to the occupation in which the employee is engaged. This definition essentially sets the threshold for what must be established in such cases, namely, that the disease is directly related either to the work environment or the duties performed.
## Key Issues In Claims For Occupational Disease
**Establishing the Disease Was Work-Related** – The greatest difficulty involved in establishing these claims is that it must be proven to be caused by either the duties of the employee or the work environment in which they were required to work. This may take many forms of medical proof, occasionally with expert testimony.
**Statute of Limitations** – The statute of limitations to file a worker’s compensation claim, including occupational diseases, in Wisconsin is generally within 12 years from the date of injury or within two years of the last compensable payment, whichever is later. – [Wis. Stat. § 102.17(4)](https://docs.legis.wisconsin.gov/statutes/statutes/102/17/4). The problem with occupational diseases is that they develop over time, and determining the ‘date of injury’ isn’t always straightforward.
**Benefits of Compensation** – An occupational disease, when claimed successfully, can cover all the required medical expenses related to the disease itself, compensation for wage loss during recovery, and even compensation for loss of earning capacity if the disease results in disability.
For any individual to successfully get through with these claims, it is absolutely crucial for them to ensure that evidence supporting the association between the disease and workplace is collected and presented as meticulously as possible. In these scenarios, medical provider documentation, workplace safety reports, and testimony from occupational experts often become crucial to support the claim.
## Understanding Repetitive Stress Injuries And Occupational Diseases In Worker’s Compensation Claims
In Wisconsin Workers’ Compensation law, both repetitive stress injuries and occupational diseases are classified as “occupational diseases,” but they are distinct in terms of how they develop and are classified for claims purposes.
### Repetitive Stress Injuries In Wisconsin Workers’ Compensation Claims
Repetitive stress injuries (RSIs) are caused by substantial exposure to certain repetitive motions or continuous strain over time. They often occur due to performing the same physical activity or exposure to the same environmental conditions repeatedly. Common examples include carpal tunnel syndrome, tendonitis, and chronic back pain, which arise from repetitive motions, as well as hearing loss and toxic chemical exposure, which may result from continuous exposure to noise or hazardous substances.
Wisconsin law classifies these injuries as part of the broader occupational disease category because, like other occupational diseases, they develop gradually. However, repetitive stress injuries are specifically linked to a worker’s repetitive tasks or continued exposure to harmful environments at work. Workers seeking compensation for RSIs must demonstrate that their injury was caused by substantial exposure to the conditions of their job.
### Occupational Diseases Under Wisconsin Workers’ Compensation
Occupational diseases, on the other hand, are injuries or illnesses that also develop over time due to exposure to harmful conditions, but they encompass a broader range of ailments. This includes diseases that affect the body due to chemical exposure, prolonged physical strain, and sensory impairments like hearing and vision loss. Examples of occupational diseases include respiratory conditions due to toxic chemical exposure, or asbestos-related illnesses connected with the claimant’s work environment.
While both repetitive stress injuries and occupational diseases develop gradually, occupational diseases often result from workplace environments where harmful exposure affects the body systemically. These diseases can also be caused by non-physical factors such as exposure to hazardous chemicals or materials, unlike RSIs, which are typically linked to physical tasks.
**The Standard For Occupational Diseases In Wisconsin**
When it comes to filing a workers’ compensation claim for an occupational disease in Wisconsin, the standard for causation is that the disease must be a “material contributing cause” of the worker’s injury or illness. Wisconsin workers’ compensation forms have three boxes related to causation, which reflect the importance of establishing how the injury or disease was caused by work-related factors.
To qualify as an occupational disease under Wisconsin law, the work-related exposure or condition must be a substantial factor in causing the illness or injury. Importantly, occupational disease does not need to be the only cause; it can be one of many contributing factors. This means that even if part of the injury or illness is due to prior injuries or non-work-related causes, a worker can still file a claim if their work environment or duties were a material contributing factor.
For instance, if a worker develops hearing loss, and part of the damage is from recreational activities, but the noise exposure at work materially contributed to the hearing loss, they may still have a valid workers’ compensation claim. Similarly, if repetitive stress injuries or chemical exposures at work worsened a pre-existing condition, the worker might still qualify for compensation, provided that their workplace exposure was a significant contributing cause.
By understanding the distinction between repetitive stress injuries and occupational diseases and the legal standards for causation, workers in Wisconsin can better navigate their claims and seek appropriate compensation for injuries caused by their workplace environment.
## Wisconsin Occupational Disease Claim FAQs
### What Constitutes An Occupational Disease According To The State Of Wisconsin?
An occupational disease must be one that arises out of the employee’s work and is related specifically to the nature of their job or the conditions under which the job is performed.
### How Do I Prove My Disease Is Related To My Job?
Proving a disease to be work-related usually requires medical evidence to link your condition with your job duties or work environment. Often, it takes documentation and expert testimony.
### What If My Employer Says My Condition Is Not Work-Related?
If your employer or their insurance denies your claim, you can file a claim with the Wisconsin Department of Workforce Development, where your case may be heard by an administrative law judge.
### Are There Time Limits For Filing An Occupational Disease Claim?
Yes, in general, the statute of limitations under Wisconsin requires that filing be made within 12 years from the date of injury or within two years from the last payment of compensation.
### What Compensation Am I Entitled To For An Occupational Disease Claim?
Compensation may include medical expenses, wage loss benefits during disability periods, compensation for permanent impairment of a body part, and losses of earning capacity – depending upon the circumstances of the case.
### How Can I Effectively Document My Work-Related Illness?
Keep as complete medical records as possible: immediately consult a doctor or an occupational disease specialist who can provide an in-depth medical report with diagnosis, the most probable cause of your condition, and its relation to the workplace. Also, keep all the records regarding the work environment and any incidents or reports about safety concerns that may be helpful in your case.
### What If The Diagnosis Of An Occupational Disease Happened After I Had Already Left The Employment?
You may still be eligible to file, provided the illness can be linked to your prior job; you will, however, have to take immediate action from the time of your diagnosis. Wisconsin’s statute of limitations allows filing within 12 years of the date of injury or discovery of the disease.
### How Does Workers’ Compensation In Occupational Disease Claims In Wisconsin Work?
After filing your claim, it will be reviewed by your employer’s workers’ compensation insurance. In case the claim has been denied or opposed, you might want to contest and request a hearing in front of an administrative law judge at the Wisconsin Department of Workforce Development. This process may be rather complicated, and the result will surely be influenced by experienced legal representation.
### Does Any Family Member Get Benefits In The Instances Of Death Caused By The Occupational Disease?
In those unfortunate instances where an occupational disease leads to death, death benefits may be provided for the dependents of the deceased worker. The benefits involve compensation for the lost wages and the funeral expenses, or even both, to help financially support a worker’s family.
### Can I Sue My Employer Over An Occupational Disease?
Workers’ compensation is generally an exclusive remedy, and you cannot sue your employer in civil court for a work-related injury. There may be those rare instances when this is not the case, and you could have both a workers’ compensation claim and a third-party claim against someone who, through negligence, contributed to your condition.
For any questions or assistance regarding occupational disease claims, don’t hesitate to consult with the professionals at [Gillick, Wicht, Gillick & Graf](https://www.gillickwicht.com/). Our attorneys are ready to provide all the support and information necessary to navigate the complexities of workers’ compensation claims throughout Wisconsin.
## Contact Our Brookfield Worker’s Compensation Claims Lawyer For A Free Consultation
Occupational disease claims can be a frustrating process, but you do not have to face it alone. If you were injured in the workplace, call our Brookfield worker’s compensation claims lawyers at Gillick, Wicht, Gillick & Graf at 414-257-2667 to [receive your free consultation](https://www.gillickwicht.com/Contact.shtml). Our office is located in Brookfield and serves the greater Milwaukee area. Workers’ compensation claims are our main focus, and we pride ourselves on fighting workers’ rights. Let us help you get the benefits you need. Also, there is No Fee Until You Get PAID.
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### [Understanding Wisconsin's Vocational Rehabilitation Benefits](https://www.gillickwicht.com/understanding-wisconsins-vocational-rehabilitation-benefits/)
**Published:** September 16, 2024
**Author:** admin
**Content:**
As a worker in Wisconsin, you may find yourself unable to return to your previous job due to a work-related injury. This can be a stressful and challenging time, but understanding your rights under Wisconsin’s worker’s compensation laws can empower you and ease some of the burdens. One crucial benefit that you may be entitled to is vocational rehabilitation.
Vocational rehabilitation aims to help injured workers re-enter the workforce by providing a robust support system, including the necessary training and resources to find a new job if they can no longer perform their previous work. Wisconsin law recognizes the importance of this benefit and provides specific guidelines to ensure injured workers receive the support they need.
## Understanding Vocational Rehabilitation In Wisconsin
Vocational rehabilitation benefits are designed to assist injured workers in acquiring the skills and training required to return to suitable employment. According to [Wisconsin Statute §102.61](https://docs.legis.wisconsin.gov/statutes/statutes/102/61#:~:text=Rather%2C%20this%20section%20is%20a,(b)%20(4).), these benefits may include vocational counseling, job placement assistance, and retraining programs. The goal is to help you return to a job that matches your abilities, even if it’s in a different field than your previous employment.
### Eligibility For Vocational Rehabilitation Benefits
To qualify for vocational rehabilitation benefits, you must meet certain fair and reasonable conditions. Firstly, you must have a work-related injury that prevents you from returning to your previous job. Secondly, you must be capable of benefiting from vocational rehabilitation services. This means that with appropriate training and support, you have the potential to re-enter the workforce in a new capacity.
Your eligibility for these benefits will be determined by a vocational rehabilitation counselor. They will assess your situation and develop a rehabilitation plan tailored to your needs. This plan will outline the services and support you will receive to help you transition to new employment.
### Types Of Vocational Rehabilitation Services In Wisconsin
The specific services you receive as part of your vocational rehabilitation plan will depend on your individual needs and circumstances. Some of the common services include:
**Vocational Counseling** – Professional guidance to help you explore career options and identify suitable job opportunities based on your skills and interests.
**Job Placement Assistance** – Support in finding and applying for jobs, including resume writing, interview preparation, and job search strategies.
**Retraining Programs** – Educational and training programs to help you develop new skills required for a different job or career. This may include vocational schools, community colleges, or on-the-job training.
## Financial Support During Vocational Rehabilitation
While participating in vocational rehabilitation, you may be eligible for temporary disability benefits to provide financial support. These benefits are intended to replace a portion of your lost wages while you focus on your rehabilitation and training. Regular communication with your vocational rehabilitation counselor and keeping them informed of your progress is crucial to ensure you continue to receive the support you need.
## Legal Rights And Protections
Wisconsin’s worker’s compensation laws provide specific protections to ensure that injured workers receive the vocational rehabilitation benefits to which they are entitled. If your employer or the insurance company disputes your eligibility or the services provided, you have the right to appeal the decision. An experienced worker’s compensation lawyer can assist you in navigating the appeals process and advocating for your rights.
## Frequently Asked Questions About Wisconsin Worker’s Compensation Laws
### What should I do if my employer denies my worker’s compensation claim?
If your worker’s compensation claim is denied, you have the right to file an appeal with the [Wisconsin Department of Workforce Development](https://dwd.wisconsin.gov/) (DWD). It’s crucial to gather all relevant documentation, including medical records and evidence of your injury, to support your appeal. Consulting with a knowledgeable worker’s compensation attorney can significantly improve your chances of a successful appeal.
### How long do I have to file a worker’s compensation claim in Wisconsin?
In Wisconsin, you generally have two years from the date of your injury to file a worker’s compensation claim. However, certain circumstances, such as the delayed onset of symptoms or employer misconduct, may extend this deadline. It’s essential to report your injury to your employer as soon as possible and seek legal advice to ensure you meet all necessary deadlines.
### Can I choose my own doctor for a worker’s compensation claim in Wisconsin?
Yes, in Wisconsin, you have the right to choose your own doctor for a worker’s compensation claim. It’s important to select a doctor experienced in treating work-related injuries who can provide the necessary documentation to support your claim. You may also seek a second opinion if you disagree with the initial medical assessment.
### What benefits are available under Wisconsin’s worker’s compensation laws?
Wisconsin’s worker’s compensation laws provide various benefits, including medical treatment, temporary and permanent disability benefits, vocational rehabilitation, and death benefits for surviving dependents. The specific benefits you receive will depend on the nature and extent of your injury and your ability to return to work.
## Contact Our Brookfield Worker’s Compensation Claims Lawyer For Your Free Consultation
If you or a loved one is struggling to navigate the complexities of vocational rehabilitation and worker’s compensation benefits in Wisconsin, the team at Gillick, Wicht, Gillick & Graf is here to help. We are committed to ensuring you receive the support and benefits you deserve. Contact our [Brookfield worker’s comp benefits lawyer](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf by calling 414-257-2667 to [receive your free consultation](https://www.gillickwicht.com/Contact.shtml). Let us advocate for your rights and work diligently on your behalf. Call us to take the first step toward securing your benefits.
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### [The Importance Of Medical Evidence In Wisconsin Worker's Compensation Cases](https://www.gillickwicht.com/the-importance-of-medical-evidence-in-wisconsin-workers-compensation-cases/)
**Published:** September 6, 2024
**Author:** admin
**Content:**
Worker’s compensation cases in Wisconsin are fundamentally about ensuring that injured workers receive the benefits they deserve. One of the most critical aspects of these cases is medical evidence. Without proper medical documentation and expert testimony, it becomes significantly harder to prove the extent of your injuries and secure the compensation you need.
When you’re injured at work, your priority should be your health. Seeking immediate medical attention is not just essential, it’s a sign that your well-being is being prioritized. This immediate care is also crucial for your worker’s compensation claim, as your medical records will form the backbone of your case.
In Wisconsin, worker’s compensation laws are designed to protect employees who suffer from work-related injuries or illnesses. According to [Wisconsin Statutes Chapter 102](https://docs.legis.wisconsin.gov/statutes/statutes/102), every employer is liable for the compensation of their employees’ work-related injuries or illnesses. The law mandates that employees are entitled to receive medical treatment, wage loss benefits, and compensation for permanent disabilities. However, to access these benefits, the burden of proof lies on the injured worker to demonstrate the connection between their injury and their employment. This is where medical evidence becomes indispensable.
## Medical Evidence Used In Wisconsin Worker’s Compensation Cases
Medical evidence includes a range of documentation, such as initial hospital or clinic visits, follow-up appointments, diagnostic tests (like X-rays, MRIs, or CT scans), and reports from specialists. Additionally, detailed notes from your healthcare provider about your symptoms, treatment plans, and prognosis are crucial. These documents collectively establish the nature and extent of your injury and its impact on your ability to work.
Another important piece of medical evidence is the medical expert’s opinion. In Wisconsin, your treating physician plays a pivotal role in your worker’s compensation case. Their medical opinion regarding the causation of your injury, the necessary treatment, and any resulting disability will significantly influence the outcome of your case. This support and guidance from your physician can instill confidence in your case.
One of the challenges in worker’s compensation cases is dealing with the insurance companies. They often have their own medical experts who might downplay your injuries or suggest that they are not work-related. However, having strong, well-documented medical evidence from your treating physician can counter these arguments and provide a secure foundation for your claim.
In Wisconsin, an [Independent Medical Examination](https://dwd.wisconsin.gov/wc/medical/ime.htm) (IME) may also be requested by the worker’s compensation insurance company. The purpose of an IME is to obtain a second opinion about your condition and the extent of your disability. The findings of the IME doctor can have a significant impact on your case. If the IME doctor’s opinion differs from your treating physician’s, it can complicate your claim. Therefore, it’s crucial to have comprehensive and consistent medical evidence from your treating physician to support your claim and counter any adverse findings from an IME.
Another key aspect of medical evidence is documenting any permanent disability. If your injury results in a permanent partial or total disability, this needs to be clearly stated in your medical records. Wisconsin’s worker’s compensation system provides [benefits for permanent disabilities](https://dwd.wisconsin.gov/wc/workers/#:~:text=Benefits%20for%20TTD%20due%20to,fully%20recover%20from%20the%20injury.), but these benefits are contingent on thorough and accurate medical documentation.
In conclusion, the cornerstone of any worker’s compensation case in Wisconsin is comprehensive and consistent medical evidence. This includes seeking prompt and continuous medical treatment and maintaining detailed medical records. Working closely with your treating physician to ensure that all aspects of your injury are documented is crucial. This will strengthen your claim and help secure the benefits you deserve under Wisconsin law.
## Frequently Asked Questions About Worker’s Compensation in Wisconsin
### What should I do immediately after a work-related injury?
Immediately after a work-related injury, the first and most crucial step is to seek medical attention. Your health and safety should be your top priority. It’s also important to inform your employer about the injury as soon as possible, as Wisconsin law requires you to do so within 30 days of the injury. Failing to do this can put your claim at risk.
### What benefits am I entitled to under Wisconsin worker’s compensation laws?
Wisconsin worker’s compensation laws provide several benefits, including medical treatment, [temporary disability benefits (TTD)](https://dwd.wisconsin.gov/wc/insurance/training/ttd/) if you are unable to work temporarily, [permanent disability benefits](https://dwd.wisconsin.gov/wc/medical/eval-ppd.htm) if your injury results in lasting impairment, and vocational rehabilitation if you need help returning to work. The specific benefits depend on the nature and severity of your injury.
### Can my employer or the insurance company deny my claim?
Yes, your employer or their insurance company can deny your claim for various reasons, such as disputing that the injury is work-related or arguing that it is not severe enough to warrant compensation. This is why having strong medical evidence and a clear documentation trail is crucial. If your claim is denied, you have the right to appeal the decision through the Wisconsin Department of Workforce Development, Worker’s Compensation Division.
### What is an Independent Medical Examination (IME), and do I have to attend?
An IME is a medical examination requested by the worker’s compensation insurance company to get a second opinion on your injury. You are required to attend an IME if it is requested. The findings from an IME can significantly impact your case, so it’s important to prepare for the examination and ensure all your symptoms and limitations are accurately presented.
### How long do I have to file a worker’s compensation claim in Wisconsin?
In Wisconsin, you generally have two years from the date of the injury to file a worker’s compensation claim. However, there are exceptions, and the timeframe can be extended under certain circumstances. It is advisable to file your claim as soon as possible to avoid any complications related to deadlines.
### Contact Our Brookfield Worker’s Compensation Claims Lawyer For Your Free Consultation
At Gillick, Wicht, Gillick & Graf, we understand the importance of medical evidence in securing the worker’s compensation benefits you deserve. If you have been injured at work, don’t leave your future to chance. Contact our [Brookfield worker’s compensation claims lawyer](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf by calling 414-257-2667 to [receive your free consultation](https://www.gillickwicht.com/Contact.shtml). Our experienced team is here to help you navigate the complexities of your worker’s compensation case and ensure you get the compensation and support you need. Let us advocate for your rights and work diligently on your behalf. Call us now and take the first step towards securing your benefits.
admin
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**Categories:** Workers' Compensation
---
### [How Are Worker's Comp Lawyers Compensated?](https://www.gillickwicht.com/how-are-workers-comp-lawyers-compensated/)
**Published:** August 12, 2024
**Author:** admin
**Content:**
## Regulation Of Attorney Fees In Wisconsin Worker’s Compensation
In Wisconsin, the compensation of worker’s compensation lawyers is not left to chance. It’s strictly regulated to ensure fairness and accessibility for all workers needing legal representation after a workplace injury. Unlike many legal fields where fees can be flexible and negotiated freely between the attorney and client, worker’s compensation law in Wisconsin has clear [statutory limits and checks](https://www.gillickwicht.com/how-are-workers-comp-lawyers-paid#:~:text=Legal%20fees%20in%20Wisconsin%20workers,collect%20for%20an%20injured%20worker.) on how lawyers are paid, providing a secure fee structure.
The primary method of compensation for these attorneys is through a [contingency fee arrangement](https://docs.legis.wisconsin.gov/statutes/statutes/655/i/013/1). This means that their fees are contingent upon the client receiving a settlement or award from their worker’s compensation claim. Lawyers typically do not charge upfront fees or hourly rates for worker’s compensation cases.
## Statutory Fee Caps On Legal Fees In Wisconsin
Under Wisconsin law, specifically Chapter 102 of the Wisconsin State Statutes, attorney fees are [capped at 20%](https://docs.legis.wisconsin.gov/statutes/statutes/102.pdf) of the amount recovered by the client in a worker’s compensation case. This cap is designed to prevent the exploitation of injured workers who might be in desperate financial situations following a workplace injury. The cap also helps to keep legal services for worker’s compensation claims within reach for workers of all income levels.
The Wisconsin Department of Workforce Development (DWD) plays a crucial role in monitoring and enforcing these fee caps. Any agreement on attorney fees in a worker’s compensation case must be submitted for approval to either the Worker’s Compensation Division or a judge, depending on the specifics of the case. This approval process involves a review of the fee agreement to ensure it is within legal limits and that the attorney’s compensation is justified by the services rendered.
Besides the contingency fees, there are other potential costs in a worker’s compensation case, such as fees for medical records, expert testimony, and court costs. While these are usually the responsibility of the client, some attorneys may agree to advance these costs and be reimbursed from the compensation awarded. Injured workers need to discuss and understand all potential costs at the outset of their legal representation.
Despite these regulations, hiring a worker’s compensation attorney is not just a legal requirement, it’s a strategic move that can significantly benefit injured workers. Experienced lawyers understand the intricacies of the law and can navigate the claims process effectively, often securing settlements that adequately compensate for the worker’s injuries and financial losses. Since attorneys are only paid if they win the case, they are motivated to achieve the best possible outcome for their clients, empowering the injured workers in their legal battle.
## Wisconsin Worker’s Compensation FAQs
### What qualifies as a compensable workplace injury in Wisconsin?
Any injury, illness, or condition caused or worsened by workplace activities or conditions is potentially compensable under Wisconsin worker’s compensation law.
### How long does a worker have to file a claim in Wisconsin?
Employees must report their injury to their employer within 30 days of the incident or from the date they became aware of the injury. Legal claims for compensation can be filed within two years of the injury.
### Are mental health issues covered under worker’s compensation in Wisconsin?
Yes, psychological conditions like stress, anxiety, or PTSD resulting directly from employment can be compensable if adequately documented and medically verified.
### What if an employer disputes a worker’s compensation claim?
Employees have the right to challenge a disputed claim through the Worker’s Compensation Division, potentially leading to a hearing before an administrative law judge.
### Can I choose my own doctor for a worker’s compensation injury in Wisconsin?
Yes, workers have the right to select their own healthcare provider for treatment related to a worker’s compensation injury in Wisconsin.
### What is the difference between temporary and permanent disability benefits?
Temporary disability benefits are provided to workers who are unable to perform their job duties while they recover from an injury. These benefits are typically paid until the worker can return to work or reach maximum medical improvement. Permanent disability benefits are paid when an injury results in permanent functional impairment.
### Can a worker receive compensation for travel expenses related to medical treatment?
Yes, in Wisconsin, worker’s compensation covers reasonable travel expenses for receiving medical treatment related to a work injury. This includes mileage, parking, and, in some cases, lodging if the treatment facility is far from the worker’s home.
### Are there any benefits for workers who need help returning to work?
Wisconsin worker’s compensation offers vocational rehabilitation services for workers who cannot return to their previous employment due to their injuries. These services include job retraining, education, and assistance in finding new employment that accommodates the worker’s limitations.
### What should a worker do if they disagree with the compensation offered?
Workers who disagree with the compensation decision made by their employer or the insurance company have the right to appeal the decision. This process involves filing a claim with the Wisconsin Worker’s Compensation Division, and potentially a hearing where the worker can present evidence and argue their case before an administrative law judge.
### Is it necessary to have a lawyer for a worker’s compensation claim in Wisconsin?
While not mandatory, it is highly beneficial to have legal representation, especially in cases involving severe injuries, complex situations, or when the employer or insurer disputes the claim. A knowledgeable worker’s compensation lawyer can help navigate the legal system, advocate on your behalf, and ensure that you receive the maximum benefits you are entitled to under the law.
## Call Our Milwaukee Worker’s Comp Lawyers For A Free Consultation
Navigating the complexities of worker’s compensation claims can be challenging, particularly when facing insurance disputes or claim denials. At [Gillick, Wicht, Gillick & Graf](https://www.gillickwicht.com/), we are dedicated to providing you with the legal assistance you need to ensure you receive the compensation you deserve. With our in-depth knowledge and extensive experience in Wisconsin worker’s compensation law, we are well-equipped to handle your case with the professionalism and attention it requires.
If you have suffered a workplace injury and are uncertain about the next steps, feel free to contact our [Milwaukee worker’s comp lawyers](https://www.gillickwicht.com/workers-compensation) with Gillick, Wicht, Gillick & Graf at 414-257-2667 to [receive your free consultation](https://www.gillickwicht.com/Contact.shtml). During this consultation, our team will review your case, answer any questions you may have, and provide you with an initial assessment of your claim. Our team is here to help you secure your rights and guide you through the process efficiently and effectively. Let us take the burden off your shoulders so you can focus on your recovery.
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**Categories:** Worker’s Comp Lawyer
---
### [What Is The Average Worker's Comp Settlement For Surgery?](https://www.gillickwicht.com/what-is-the-average-workers-comp-settlement-for-surgery/)
**Published:** July 30, 2024
**Author:** admin
**Content:**
[Worker’s compensation](https://dwd.wisconsin.gov/wc/) is a critical safety net for employees who sustain serious work-related injuries or illnesses. In Wisconsin, as in many other states, worker’s compensation provides medical benefits and financial support to injured workers. Understanding the factors that influence these claims, especially for surgeries, is crucial. It empowers injured workers to seek fair and just compensation, ensuring they receive the support they need during their recovery.
Worker’s compensation claims vary widely based on [several factors](https://wisinsalliance.com/documents/2017/02/wi-wc-equation.pdf/), including the severity of the injury, the type of surgery required, the recovery period, and the impact on the worker’s ability to return to work. In Wisconsin, understanding these factors is not just beneficial but empowering, as it gives you a comprehensive understanding and control over your claim.
## Factors Influencing Worker’s Compensation Claims in Wisconsin
**Severity and Nature of the Injury** – The extent of the injury plays a significant role in determining the claim. Severe injuries that require extensive surgical intervention typically result in higher claims. For example, a spinal surgery may result in a more substantial claim than a less invasive procedure.
**Medical Expenses** – Medical costs, including pre-surgery diagnostics, surgery itself, post-operative care, physical therapy, and follow-up appointments, are substantial components of the claim. The higher the medical expenses, the larger the claim is likely to be.
**Lost Wages** – Workers are entitled to compensation for lost wages due to their inability to work during the recovery period. The duration of absence from work directly impacts the claim. Long recovery periods resulting in significant lost wages will increase the overall claim.
**Permanent Disability** – If the surgery results in a permanent disability, the claim will include compensation for long-term impacts. Permanent partial disability (PPD) or permanent total disability (PTD) can significantly increase the claim.
**Future Medical Care** – In cases where ongoing medical care is necessary, such as follow-up surgeries or long-term physical therapy, claims may include provisions for future medical expenses.
**Legal Representation** – Having an experienced worker’s compensation attorney is not just beneficial but crucial in influencing the claim outcome. Legal professionals can negotiate better claims and ensure all entitled benefits are included, providing you with reassurance and confidence in your pursuit of fair compensation.
## Common Types of Work-Related Surgeries and Their Impact
Different types of surgeries can affect claims in various ways:
**Orthopedic Surgeries** – Orthopedic Surgeries are among the most common work-related surgeries and include procedures such as knee replacements, shoulder surgeries, and spinal fusions. Given their complexity and recovery times, these surgeries often lead to higher claims.
**Neurological Surgeries** – Surgeries involving the nervous system, such as those for nerve damage or brain injuries, tend to result in significant claims due to their delicate nature and potential long-term impacts.
**Amputations** – In extreme cases where amputation is necessary, claims are typically very high. These cases often include substantial compensation for medical costs, rehabilitation, prosthetics, and permanent disability.
## Worker’s Compensation Frequently Asked Questions (FAQs)
### How long does it take to receive a worker’s compensation claim in Wisconsin?
The timeline for receiving a claim can vary. It depends on the complexity of the case, the severity of the injury, and whether the claim is contested. Typically, claims can take several months to over a year.
### Can I receive worker’s compensation benefits if the surgery is needed in the future?
Yes, worker’s compensation can cover future medical expenses, including surgeries, as long as they are related to the work injury. It’s crucial to have these costs included in the claim, as it ensures the injured worker continues to receive the necessary support for their recovery.
### What happens if I can’t return to my previous job after surgery?
If you are unable to return to your previous job due to your injury, you may be entitled to additional compensation for lost earning capacity or vocational rehabilitation to help you find new employment.
### How are permanent disabilities evaluated in worker’s compensation cases?
Permanent disabilities are evaluated based on the extent of impairment and its impact on your ability to work. This evaluation is typically conducted by a medical professional and used to determine the compensation amount for permanent disability.
### Can I pursue a worker’s compensation claim without an attorney?
While it’s possible to pursue a claim without an attorney, it is not advisable. An experienced worker’s compensation attorney can ensure you receive fair compensation and that all entitled benefits are included in the claim.
## The Role of Legal Representation in Worker’s Compensation Cases
Navigating the complexities of worker’s compensation claims, especially those involving surgeries, can be daunting. This is where the experience of a seasoned worker’s compensation attorney becomes indispensable. Legal professionals not only understand the intricacies of the law but also possess the negotiation skills necessary to secure fair settlements.
An experienced attorney can:
- **Ensure Comprehensive Claims** – They make sure all medical costs, including future medical care, are accounted for in the claim.
- **Maximize Lost Wage Compensation** – Legal representation ensures that all lost wages, including potential future earnings if the worker cannot return to their previous job, are included.
- **Negotiate Better Claims** – Attorneys are skilled negotiators who can advocate for higher settlement amounts than what might be initially offered.
- **Represent the Worker’s Best Interests** – They provide a buffer against the tactics of insurance companies who might aim to minimize payouts.
## Why Choose Gillick, Wicht, Gillick & Graf?
For injured workers in Wisconsin, choosing the proper legal representation can significantly impact the outcome of their worker’s compensation claim. Gillick, Wicht, Gillick & Graf bring a wealth of experience and a proven track record of success in handling worker’s compensation cases.
- **Experience in Worker’s Compensation Law** – The firm’s practice is 100% dedicated to worker’s compensation law, ensuring its clients receive experienced and dedicated representation, providing them with a sense of security and trust in our ability to handle their case.
- **Proven Success Rate** – With a history of securing favorable claims for clients, Gillick, Wicht, Gillick & Graf are known for their effectiveness in achieving just compensation.
- **Personalized Attention** – The firm offers personalized attention to each case, understanding the unique circumstances of every client and tailoring their approach accordingly.
- **Free Consultation** – Injured workers can receive a free consultation to discuss their case and understand their legal options without any upfront costs.
## Call Gillick, Wicht, Gillick & Graf For Exceptional Representation
If you or a loved one has been injured at work and requires surgery, don’t face the complexities of worker’s compensation claims alone. The [worker’s comp lawyers in Green Bay](https://www.gillickwicht.com/green-bay-workers-compensation-attorney.shtml) at Gillick, Wicht, Gillick & Graf are here to help. With a proven track record of success, they will fight to ensure you receive the compensation you deserve. Call [414-257-2667](tel:14142572667) to [receive your free consultation](https://www.gillickwicht.com/Contact.shtml). Our law firm proudly represents injured workers throughout Wisconsin, ensuring their rights are protected and their needs are met.
admin
[See Full Bio](https://www.gillickwicht.com/author/admin/)
**Categories:** Worker’s Comp Attorney
---
### [Understanding Worker's Compensation Claims for Surgery in Wisconsin](https://www.gillickwicht.com/understanding-workers-compensation-claims-for-surgery-in-wisconsin/)
**Published:** July 15, 2024
**Author:** admin
**Content:**
[Worker’s compensation](https://dwd.wisconsin.gov/wc/) is a critical safety net for employees who sustain serious work-related injuries or illnesses. In Wisconsin, as in many other states, worker’s compensation provides medical benefits and financial support to injured workers. Understanding the factors that influence these claims, especially for surgeries, is crucial. It empowers injured workers to seek fair and just compensation, ensuring they receive the support they need during their recovery.
Worker’s compensation claims vary widely based on [several factors](https://wisinsalliance.com/documents/2017/02/wi-wc-equation.pdf/), including the severity of the injury, the type of surgery required, the recovery period, and the impact on the worker’s ability to return to work. In Wisconsin, understanding these factors is not just beneficial but empowering, as it gives you a comprehensive understanding and control over your claim.
## Factors Influencing Worker’s Compensation Claims in Wisconsin
1. **Severity and Nature of the Injury –** The extent of the injury plays a significant role in determining the claim. Severe injuries that require extensive surgical intervention typically result in higher claims. For example, a spinal surgery may result in a more substantial claim than a less invasive procedure.
2. **Medical Expenses –** Medical costs, including pre-surgery diagnostics, surgery itself, post-operative care, physical therapy, and follow-up appointments, are substantial components of the claim. The higher the medical expenses, the larger the claim is likely to be.
3. **Lost Wages –** Workers are entitled to compensation for lost wages due to their inability to work during the recovery period. The duration of absence from work directly impacts the claim. Long recovery periods resulting in significant lost wages will increase the overall claim.
4. **Permanent Disability –** If the surgery results in a permanent disability, the claim will include compensation for long-term impacts. Permanent partial disability (PPD) or permanent total disability (PTD) can significantly increase the claim.
5. **Future Medical Care –** In cases where ongoing medical care is necessary, such as follow-up surgeries or long-term physical therapy, claims may include provisions for future medical expenses.
6. **Legal Representation –** Having an experienced worker’s compensation attorney is not just beneficial but crucial in influencing the claim outcome. Legal professionals can negotiate better claims and ensure all entitled benefits are included, providing you with reassurance and confidence in your pursuit of fair compensation.
## Common Types of Work-Related Surgeries and Their Impact
Different types of surgeries can affect claims in various ways:
**Orthopedic Surgeries –** Orthopedic Surgeries are among the most common work-related surgeries and include procedures such as knee replacements, shoulder surgeries, and spinal fusions. Given their complexity and recovery times, these surgeries often lead to higher claims.
**Neurological Surgeries –** Surgeries involving the nervous system, such as those for nerve damage or brain injuries, tend to result in significant claims due to their delicate nature and potential long-term impacts.
**Amputations –** In extreme cases where amputation is necessary, claims are typically very high. These cases often include substantial compensation for medical costs, rehabilitation, prosthetics, and permanent disability.
## Worker’s Compensation Frequently Asked Questions (FAQs)
### How long does it take to receive a worker’s compensation claim in Wisconsin?
The timeline for receiving a claim can vary. It depends on the complexity of the case, the severity of the injury, and whether the claim is contested. Typically, claims can take several months to over a year.
### Can I receive worker’s compensation benefits if the surgery is needed in the future?
Yes, worker’s compensation can cover future medical expenses, including surgeries, as long as they are related to the work injury. It’s crucial to have these costs included in the claim, as it ensures the injured worker continues to receive the necessary support for their recovery.
### What happens if I can’t return to my previous job after surgery?
If you are unable to return to your previous job due to your injury, you may be entitled to additional compensation for lost earning capacity or vocational rehabilitation to help you find new employment.
### How are permanent disabilities evaluated in worker’s compensation cases?
Permanent disabilities are evaluated based on the extent of impairment and its impact on your ability to work. This evaluation is typically conducted by a medical professional and used to determine the compensation amount for permanent disability.
### Can I pursue a worker’s compensation claim without an attorney?
While it’s possible to pursue a claim without an attorney, it is not advisable. An experienced worker’s compensation attorney can ensure you receive fair compensation and that all entitled benefits are included in the claim.
## The Role of Legal Representation in Worker’s Compensation Cases
Navigating the complexities of worker’s compensation claims, especially those involving surgeries, can be daunting. This is where the experience of a seasoned worker’s compensation attorney becomes indispensable. Legal professionals not only understand the intricacies of the law but also possess the negotiation skills necessary to secure fair settlements.
An experienced attorney can:
- **Ensure Comprehensive Claims –** They make sure all medical costs, including future medical care, are accounted for in the claim.
- **Maximize Lost Wage Compensation –** Legal representation ensures that all lost wages, including potential future earnings if the worker cannot return to their previous job, are included.
- **Negotiate Better Claims –** Attorneys are skilled negotiators who can advocate for higher settlement amounts than what might be initially offered.
- **Represent the Worker’s Best Interests –** They provide a buffer against the tactics of insurance companies who might aim to minimize payouts.
## Why Choose Gillick, Wicht, Gillick & Graf?
For injured workers in Wisconsin, choosing the proper legal representation can significantly impact the outcome of their worker’s compensation claim. Gillick, Wicht, Gillick & Graf bring a wealth of experience and a proven track record of success in handling worker’s compensation cases.
- **Experience in Worker’s Compensation Law –** The firm’s practice is 100% dedicated to worker’s compensation law, ensuring its clients receive experienced and dedicated representation, providing them with a sense of security and trust in our ability to handle their case.
- **Proven Success Rate –** With a history of securing favorable claims for clients, Gillick, Wicht, Gillick & Graf are known for their effectiveness in achieving just compensation.
- https://www.gillickwicht.com/green-bay-workers-compensation-attorney.shtmlThe firm offers personalized attention to each case, understanding the unique circumstances of every client and tailoring their approach accordingly.
- **Free Consultation –** Injured workers can receive a free consultation to discuss their case and understand their legal options without any upfront costs.
## Call Gillick, Wicht, Gillick & Graf For Exceptional Representation
If you or a loved one has been injured at work and requires surgery, don’t face the complexities of worker’s compensation claims alone. The [worker’s comp lawyers in Green Bay](https://www.gillickwicht.com/green-bay-workers-compensation-attorney.shtml) at Gillick, Wicht, Gillick & Graf are here to help. With a proven track record of success, they will fight to ensure you receive the compensation you deserve. Call [414-257-2667](tel:14142572667) to [receive your free consultation](https://www.gillickwicht.com/Contact.shtml). Our law firm proudly represents injured workers throughout Wisconsin, ensuring their rights are protected and their needs are met.
admin
[See Full Bio](https://www.gillickwicht.com/author/admin/)
**Categories:** Worker’s Comp Lawyer
---
### [Questions To Ask A Wisconsin Worker's Compensation Lawyer](https://www.gillickwicht.com/questions-to-ask-a-wisconsin-workers-compensation-lawyer)
**Published:** July 1, 2024
**Author:** admin
**Content:**
worker’scompensation claims in Wisconsin can be complex and intimidating for injured workers. Ensuring you receive the benefits you deserve requires understanding your rights, the legal process, and choosing the right attorney to represent your interests. Here are essential questions to ask a Wisconsin worker’s-compensation lawyer to ensure you make an informed decision and secure the best possible outcome for your case.
### What should I do immediately after a workplace injury?
Acting promptly after a workplace injury is crucial. The first step is to report the incident to your employer and seek medical attention. It’s essential to document everything related to the injury, including medical treatments and any communications with your employer or insurance company. This immediate action can greatly influence the outcome of your worker’scompensation claim.
### How long do I have to file a worker’s compensation claim in Wisconsin?
In Wisconsin, you generally have two years from the date of the injury to file a worker’s compensation claim. However, some injuries could [extend that deadline](https://doa.wi.gov/DEO/WC%20Manual.pdf). However, it’s best to file your claim as soon as possible to avoid any potential issues.
### Can I choose my own doctor for treatment?
Yes, in Wisconsin, you have the right to choose your own doctor for treatment. However, the insurance company may require you to undergo an [independent medical examination (IME)](https://dwd.wisconsin.gov/wc/medical/ime.htm) by a doctor of their choosing.
### What if my claim is denied?
If your worker’s compensation claim is denied, remember that you have the right to appeal the decision. This is where the experience of an experienced worker’scompensation attorney comes into play. They can guide you through the appeals process, ensuring that your case is presented strongly and increasing your chances of a successful appeal.
### Can I receive worker’s compensation benefits if the injury was my fault?
worker’scompensation is a no-fault system, meaning you can still receive benefits even if the injury was your fault. However, certain exceptions may apply, such as if the injury was caused by [intoxication or intentional misconduct](https://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=3934&context=clr).
### What types of benefits can I receive?
Injured workers in Wisconsin may be entitled to various benefits, including medical expenses, temporary total disability, temporary partial disability, permanent partial disability, and vocational rehabilitation. An experienced attorney can help ensure you receive all the benefits you are entitled to.
### What Is Your Experience with Wisconsin worker’sCompensation Cases?
Understanding a lawyer’s experience is crucial in determining their capability to handle your case effectively. Ask about the number of worker’s compensation cases they have handled, their success rate, and how long they have been practicing in this specific field of law. Experienced attorneys are likely to be more familiar with the nuances of Wisconsin worker’s compensation laws and have established relationships with local judges and other legal professionals, which can be advantageous in navigating your case.
### How Will You Handle My Case?
Every worker’s compensation case is unique, and it’s essential to understand how your attorney plans to manage your specific situation. Ask about their approach to case management, including the steps they will take from filing your claim to representing you in hearings. Inquire about their communication style and how often you can expect updates on your case. Understanding their process will help you feel more confident and prepared as your case progresses.
### What Are the Potential Outcomes of My Case?
While no attorney can guarantee a specific outcome, an experienced worker’s compensation lawyer should be able to provide a realistic assessment of your case. Ask about the potential benefits you may receive, including medical expenses, lost wages, and vocational rehabilitation. Additionally, inquire about any potential challenges or obstacles that could arise during the process. A transparent discussion about the potential outcomes will help you set realistic expectations.
### What Are Your Fees and Costs?
Understanding the financial aspect of your legal representation is crucial. Most worker’s compensation lawyers work on a contingency fee basis, meaning they only get paid if you win your case. However, it’s essential to clarify the percentage they will take from your settlement or award and any additional costs you may be responsible for, such as filing fees or expert witness fees. Knowing the financial details upfront will help you avoid any surprises later on.
### How Will You Prepare Me for Hearings and Depositions?
Preparing for hearings and depositions can be daunting, especially if you have never been involved in a legal process before. Ask your attorney how they will help you prepare for these critical aspects of your case. They should provide guidance on what to expect, how to answer questions and the overall process. Proper preparation can significantly impact the outcome of your case, so it’s essential to have an attorney who will take the time to ensure you are well-prepared.
### Can You Provide References or Testimonials from Past Clients?
Hearing from past clients can provide valuable insight into an attorney’s capabilities and the level of service they provide. Ask if the lawyer can provide references or direct you to testimonials from former clients. This information can help you gauge the satisfaction level of other clients and give you confidence in your choice of legal representation.
### How Long Will My Case Take?
The duration of a worker’scompensation case can vary depending on the complexity of the case and the willingness of the insurance company to settle. Ask your attorney for an estimate of how long your case might take to resolve. Understanding the timeline will help you plan accordingly and manage your expectations throughout the process.
## Why Do Injured Workers In Wisconsin Need An Experienced worker’sCompensation Attorney?
Understanding the value of legal representation in a worker’scompensation claim is crucial. Navigating such a claim without an attorney can be challenging and risky. Here are some key reasons why hiring an experienced worker’s compensation attorney is essential:
Knowledge of the Law – An experienced worker’scompensation attorney understands the intricacies of Wisconsin worker’scompensation laws and can help ensure that your rights are protected. They can provide guidance on what benefits you are entitled to and how to pursue them effectively, empowering you with the knowledge to make informed decisions.
Handling Insurance Companies – Insurance companies often aim to minimize payouts, and dealing with them on your own can be overwhelming. An attorney can handle all communications with the insurance company, negotiate on your behalf, and advocate for your best interests, relieving you of the burden of dealing with these complex processes.
Maximizing Benefits – An experienced lawyer will work diligently to maximize the benefits you receive. They can help gather and present evidence to support your claim, ensuring that all necessary medical documentation and witness statements are included.
Legal Representation in Hearings – If your case goes to a hearing, having an attorney by your side can make a significant difference. They can represent you in front of the worker’s compensation judge, present your case effectively, and cross-examine witnesses.
## Why Choose Gillick, Wicht, Gillick & Graf?
Gillick, Wicht, Gillick & Graf is a reputable law firm with a proven track record of success in worker’s compensation cases in Wisconsin. Here are some reasons why injured workers should choose this firm:
The [Milwaukee worker’s compensation lawyers](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf have extensive experience handling worker’s compensation cases. Their deep understanding of the law and years of practice make them well-equipped to handle even the most complex cases.
The firm takes a client-centered approach, ensuring that each client receives personalized attention and tailored legal strategies. They understand that every case is unique and are committed to achieving the best possible outcome for each client.
With a strong record of successful cases, Gillick, Wicht, Gillick & Graf have demonstrated their ability to secure favorable outcomes for their clients. Their reputation for excellence is backed by numerous satisfied clients who have received the benefits they deserve.
## Call Gillick, Wicht, Gillick & Graf For Your Free Consultation
If you or a loved one has been injured at work in Wisconsin, don’t face the worker’s compensation process alone. The experienced attorneys at [Gillick, Wicht, Gillick & Graf](https://www.gillickwicht.com/) are here to help. With a track record of success and a commitment to client satisfaction, they will work tirelessly to ensure you receive the benefits you deserve.
Contact our Milwaukee worker’s compensation lawyer by calling 414-257-2667 to [receive your free consultation](https://www.gillickwicht.com/Contact.shtml) and take the first step toward securing your rightful compensation. Our firm represents injured workers throughout Wisconsin, providing the legal support and advocacy you need during this challenging time.
admin
[See Full Bio](https://www.gillickwicht.com/author/admin/)
**Categories:** Worker’s Compensation Lawyer
---
### [Wisconsin Permanent Partial Disability Settlement Amounts](https://www.gillickwicht.com/wisconsin-permanent-partial-disability-settlement-amounts/)
**Published:** June 18, 2024
**Author:** admin
**Content:**
In Wisconsin, worker’s compensation is a crucial system designed to support workers who suffer injuries or illnesses related to their job duties. This system ensures that injured employees receive financial compensation and medical care, regardless of fault, thereby alleviating the economic burden caused by workplace injuries. Wisconsin’s approach to worker’s compensation is outlined comprehensively in the state statutes, providing clear guidelines on how injuries are to be assessed and compensated.
## Wisconsin Worker’s Compensation Law
The legal framework for worker’s compensation in Wisconsin is detailed primarily in [Chapter 102 of the Wisconsin State Statutes](https://docs.legis.wisconsin.gov/statutes/statutes/102.pdf). This chapter lays out the definitions, coverage details, benefit types, and procedures for claiming worker’s compensation. Specifically, Permanent Partial Disability (PPD) is addressed under section 102.52 of the statutes, which outlines the compensation schedule for various injuries corresponding to different body parts.
## Definition and Calculation of Permanent Partial Disability (PPD)
[Permanent Partial Disability (PPD)](https://dwd.wisconsin.gov/wc/medical/eval-ppd.htm) occurs when an employee sustains a permanent injury that causes a partial functional impairment. Permanent Partial Disability is assessed by a medical doctor based on guidelines in the statutes. Wisconsin’s statutes provide a schedule that lists specific body parts and the number of weeks of compensation allotted for their loss or impairment. The compensation amount is calculated based on the employee’s weekly wage up to a maximum limit set by the state, ensuring that the compensation reflects both the severity of the disability and the economic impact on the injured worker.
## Examples of PPD Settlement Amounts
To illustrate how [PPD settlements are calculated in Wisconsin](https://dwd.wisconsin.gov/wc/insurance/training/ppd/), consider the following examples based on the state’s compensation schedule and the maximum PPD rate of $362.00 as of January 2020:
1\. Right Knee Injury
- Injury and Rate: 10% PPD to the right knee.
- Calculation: According to the schedule, the right knee is eligible for up to 425 weeks of compensation for full impairment.
- Settlement: 10% of 425 weeks equals 42.5 weeks. Therefore, the settlement amount is 42.5 weeks x $362.00 = $15,385.00.
2\. Left Little Finger Injury
- Injury and Rate: 25% loss of use to the distal joint of the left little finger.
- Calculation: The schedule assigns 6 weeks for total loss of the distal joint of the little finger.
- Settlement: 25% of 6 weeks equals 1.5 weeks. Thus, the settlement amount is 1.5 weeks x $362.00 = $543.00.
3\. Left Wrist Injury
- Injury and Rate: 2% loss of use to the left wrist.
- Calculation: The schedule provides 400 weeks for total impairment of the wrist.
- Settlement: 2% of 400 weeks equals 8 weeks. Therefore, the settlement amount is 8 weeks x $362.00 = $2,896.00.
4\. Body as a Whole Injury
- Injury and Rate: 5% to the body as a whole.
- Calculation: For nonscheduled injuries like those to the body as a whole, the statute provides 1000 weeks.
- Settlement: 5% of 1000 weeks equals 50 weeks. Thus, the settlement amount is 50 weeks x $362.00 = $18,100.00.
These examples demonstrate how the specific nature of the injury and the statutory schedule work together to determine the compensation amount. It is important to note that the maximum weekly PPD rates may vary based on the date of the injury, and the actual rate used is the lesser of the maximum rate or the employee’s Temporary Total Disability (TTD) rate at the time of injury.
## Importance of Understanding PPD Settlements
For legal practitioners, employees, and employers alike, understanding the specifics of PPD settlements in Wisconsin is very important. Accurate knowledge of how these benefits are calculated allows for better planning and preparation following a workplace injury. It ensures that all parties are adequately informed and can make decisions based on a clear understanding of potential outcomes.
Moreover, for employees suffering from work-related injuries, knowledge of these details is essential for ensuring they receive fair compensation that reflects the extent of their injuries. Employers and insurers also benefit from this knowledge, as it aids in the accurate processing of claims and helps manage the financial aspects of worker’s compensation liabilities.
Wisconsin’s detailed approach to worker’s compensation, particularly the calculation of Permanent Partial Disability settlements, highlights the state’s commitment to supporting injured workers. By adhering to the guidelines set forth in the statutes, all parties involved can navigate the complexities of worker’s compensation claims more effectively, ensuring that injured employees receive the support they need to recover and return to work.
## Wisconsin Permanent Partial Disability Settlement Amounts FAQS
### What is Permanent Partial Disability (PPD) in Wisconsin?
Permanent Partial Disability (PPD) refers to a condition where a worker sustains a permanent injury that partially impairs their ability to function. PPD is compensated according to a schedule that lists specific body parts and associated compensation weeks, as determined by Wisconsin law.
### How are PPD settlement amounts calculated in Wisconsin?
PPD settlement amounts in Wisconsin are calculated based on a specific schedule found in Section 102.52 of the Wisconsin State Statutes. This schedule assigns a number of weeks of compensation for the loss or impairment of various body parts. The actual compensation amount is then calculated by multiplying the appropriate weekly compensation rate by the number of weeks designated for that particular injury. The weekly rate can vary but is subject to a maximum limit set annually by the state.
### Can you provide an example of how a PPD settlement is calculated for a knee injury?
For a 2020 knee injury with a PPD rating of 10%:
- According to the Wisconsin compensation schedule, a total knee impairment is worth 425 weeks.
- For a 10% impairment, the calculation would be 10% of 425 weeks = 42.5 weeks.
- If the maximum weekly PPD rate is $362.00, then the settlement amount would be 42.5 weeks x $362.00 = $15,385.00.
### What happens if an injury is not listed on the Wisconsin PPD schedule?
For injuries not specifically listed in the PPD schedule (often referred to as “nonscheduled” or “unscheduled” injuries), compensation is calculated based on the impairment to the body as a whole. The statute provides 1000 weeks for such injuries, with the specific amount of compensation based on the percentage of impairment as determined by medical evaluation.
### Are there any caps on PPD benefits in Wisconsin?
Yes, PPD benefits in Wisconsin are subject to caps. These caps are based on the maximum weekly compensation rate, which is updated annually. The rate is influenced by the Statewide Average Weekly Wage (SAWW) and can vary depending on the date of the injury and the worker’s average weekly wage at the time of the injury.
### Can an injured worker negotiate their PPD settlement?
While the statutory guidelines provide a framework for calculating PPD settlements, there may be room for negotiation, particularly concerning the percentage of disability as determined by medical evaluations. It is advisable for injured workers to consult with a workers’ compensation attorney to discuss their case specifics and explore the potential for negotiation, especially if there are complexities such as multiple injuries or disagreements about the extent of impairment.
These FAQs should provide a clearer understanding of how Permanent Partial Disability settlements are determined in Wisconsin, helping both employees and employers work through the complexities of workers’ compensation claims.
## Call For Your Free Consultation With Our Milwaukee Worker’s Compensation Lawyers
Filing a Wisconsin worker’s compensation claim can be overwhelming, especially for those encountering denials or disputes over their claims. It’s crucial for such workers to seek the guidance of our experienced [Milwaukee worker’s compensation lawyers](https://www.gillickwicht.com/workers-compensation). Our team has a deep understanding of the nuanced Wisconsin laws and regulations.
At Gillick, Wicht, Gillick & Graf, our dedicated team of worker’s comp attorneys is committed to advocating for injured workers, ensuring they receive the compensation they are entitled to.
To begin discussing your claim and how we can assist, contact Gillick, Wicht, Gillick & Graf at [414-257-2667](tel:14142572667) for [a complimentary consultation](https://www.gillickwicht.com/Contact.shtml). Allow us to assist you in securing your benefits and protecting your valuable rights throughout this challenging process.
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### [The Impact Of Remote Work On Worker's Compensation Claims](https://www.gillickwicht.com/the-impact-of-remote-work-on-workers-compensation-claims/)
**Published:** May 20, 2024
**Author:** admin
**Content:**
The rise of remote work has brought significant changes to how people work, with more individuals choosing to work from home. This shift has implications not just for employment dynamics but also for worker’s compensation, which ensures employees are protected if they get injured or seriously ill while at work. In Wisconsin, where there’s a system for worker’s compensation, the increase in remote work presents new challenges and considerations.
## Eligibility For Worker’s Compensation For Remote Workers In Wisconsin
With the rise of remote work, there’s uncertainty about whether remote workers can get worker’s compensation benefits in Wisconsin. While the basic rules for worker’s compensation [apply to remote workers](https://dpm.wi.gov/Hand%20Book%20Chapters/WHRH_Ch_748.pdf) like they do for those working in offices, there are complexities in determining if injuries sustained while working from home are work-related. Remote workers can qualify for worker’s compensation if they get injured or sick because of their job, just like any other employee.
Remote work involves various tasks, and injuries can happen even in home settings. These injuries might include strains from long hours on the computer, slip-and-fall accidents, or injuries from home office equipment. However, proving that these injuries are work-related can be challenging for remote workers, especially since there’s usually no one from work around to witness the injury. Additionally, it can be hard to distinguish between work-related activities and personal ones when working remotely.
Given these challenges, remote workers in Wisconsin need to navigate the worker’s compensation system carefully. While remote workers are eligible for benefits, it’s essential to take proactive steps and gather evidence to show that their injuries are work-related. Understanding the details of worker’s compensation laws and seeking legal advice when necessary can help remote workers navigate the process and ensure they receive the benefits they’re entitled to.
## Potential Issues And Challenges For Remote Workers Seeking Worker’s Compensation
Proving work-relatedness for injuries sustained while working at home or remotely presents significant challenges, primarily due to the lack of witnesses and the ambiguity surrounding work-related activities. Unlike traditional workplace settings where injuries may be witnessed by colleagues or supervisors, remote work environments often lack direct oversight, making it difficult to establish the causal relationship between the injury and the job duties being performed.
Employer skepticism and disputes from insurance companies can further complicate the process for remote workers seeking worker’s compensation. Employers may be skeptical of remote work-related injuries due to the decentralized nature of remote work and the perceived difficulty in verifying the legitimacy of such claims. Insurance companies may also be hesitant to approve claims for remote workers, leading to disputes and delays in the compensation process.
Delays in reporting injuries and obtaining medical treatment can significantly [impact remote worker’s claims](https://dwd.wisconsin.gov/wc/workers/#fileclaim) for worker’s compensation. Compared to traditional workplace settings where injuries are typically reported and addressed promptly, remote workers may face challenges in reporting injuries and seeking medical treatment in a timely manner. Delays in reporting injuries can raise questions about the severity and legitimacy of the injury, potentially jeopardizing the remote worker’s ability to obtain compensation.
## Strategies For Remote Workers To Navigate The Worker’s Compensation Process
Documenting the work environment and circumstances of the injury is essential for remote workers seeking worker’s compensation. Remote workers should keep detailed records of their work activities, including the location where the injury occurred and any contributing factors. Photographs, timestamps, and written descriptions can help establish the work-relatedness of the injury.
Timely reporting of injuries to employers and prompt medical treatment are critical steps for remote workers seeking worker’s compensation. Remote workers should report injuries to their employers as soon as possible and seek medical treatment promptly to document the extent of their injuries and establish a clear timeline of events.
Consulting with our experienced Wisconsin worker’s compensation attorneys can provide valuable support and guidance for remote workers navigating the worker’s compensation process. An attorney can help remote workers understand their rights, advocate on their behalf with employers and insurance companies, and ensure they receive the total compensation they are entitled to under the law.
## Vocational Rehabilitation For Remote Workers
Vocational rehabilitation offers injured remote workers in Wisconsin opportunities for retraining and assistance in returning to work. These programs provide resources and services tailored to the individual needs of remote workers, including vocational assessments, job training, schooling, and placement assistance.
Available resources and services for remote workers seeking vocational rehabilitation may include vocational counseling, skills development programs, schooling and job placement services. These services aim to help injured remote workers overcome barriers to employment and facilitate a successful return to work.
Vocational rehabilitation can play a crucial role in assisting injured remote workers in returning to work after sustaining injuries. By providing access to training and support services, vocational rehabilitation enables remote workers to acquire the skills and qualifications needed to re-enter the workforce and pursue gainful employment.
## Remote Work And Third-Party Claims In Worker’s Compensation Cases
In some cases, remote workers may have the option to pursue third-party claims in addition to worker’s compensation benefits. Third-party liability may arise when someone other than the employer is responsible for the remote worker’s injury, such as a manufacturer of defective equipment or a negligent property owner.
Situations where remote workers may pursue third-party claims include accidents involving defective products, premises liability incidents, and motor vehicle accidents occurring while performing work-related duties. Pursuing third-party claims can provide additional avenues for compensation beyond worker’s compensation benefits alone.
## Call Our Worker’s Compensation Lawyers In Wisconsin For Your Free Consultation
The worker’s compensation system in Wisconsin can be challenging to navigate, especially for injured workers facing claim denials or disputes. In these situations, it’s important for claimants to get legal help from our experienced Milwaukee worker’s compensation claim attorneys. Our team of [worker’s compensation lawyers in Wisconsin](https://www.gillickwicht.com/workers-compensation) is committed to championing the rights of injured workers and ensuring they receive the compensation they rightfully deserve.
Don’t face the complexities of the Wisconsin worker’s compensation system alone. Contact our Wisconsin worker’s compensation claim attorneys at Gillick, Wicht, Gillick & Graf by calling [414-257-2667](tel:14142572667) to [receive your free consultation](https://www.gillickwicht.com/Contact.shtml). Let our firm safeguard the benefits you are entitled to.
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---
### [Top Mistakes To Avoid When Filing For Worker's Compensation](https://www.gillickwicht.com/top-mistakes-to-avoid-when-filing-for-workers-compensation/)
**Published:** May 6, 2024
**Author:** admin
**Content:**
In Wisconsin, the worker’s compensation system is a crucial safety net designed to provide financial and medical benefits to employees who suffer work-related injuries or illnesses. Governed by state law, this system aims to protect both employers and employees by ensuring that injured workers receive necessary medical treatment and compensation for lost wages while shielding employers from costly lawsuits.
Understanding the intricacies of the worker’s compensation system is paramount for both employees and employers. For workers, it ensures they receive the benefits they are entitled to in the event of an injury, while employers need to navigate the process to fulfill their legal obligations and protect their business interests.
Filing the worker’s compensation process can be complex, and even minor mistakes can have significant consequences. Therefore, it is essential to recognize and avoid common pitfalls that may arise during the filing process. By understanding these mistakes and how to prevent them, both employees and employers can ensure a smoother and more efficient resolution of worker’s compensation claims.
## Not Reporting Workplace Injuries Promptly
One of the most critical steps in the worker’s compensation process is promptly reporting workplace injuries. Under [Wisconsin law](https://dwd.wisconsin.gov/wc/workers/), employees are required to report any work-related injuries or illnesses to their employer as soon as possible. Failure to report injuries in a timely manner can jeopardize the worker’s ability to receive benefits and may even result in the denial of their claim.
Wisconsin’s reporting requirements mandate that injured employees notify their employer within 30 days of the injury or discovery of an occupational disease. This notification can be verbal or in writing, but it is advisable to document the report to ensure accuracy and compliance with legal requirements.
The consequences of failing to report workplace injuries promptly can be severe. Delays in reporting can lead to challenges in establishing the causal connection between the injury and the workplace, making it more difficult to obtain benefits. Additionally, late reporting may raise suspicions about the validity of the claim, potentially leading to increased scrutiny and delays in processing.
To avoid these consequences, employees should promptly report any workplace injuries, no matter how minor they may seem. Employers, in turn, should have clear policies and procedures in place for reporting injuries and should promptly investigate and document any reports they receive. By prioritizing timely reporting, both employees and employers can ensure that worker’s compensation claims are handled efficiently and fairly.
## Failure To Seek Medical Treatment
Seeking medical treatment promptly after sustaining a workplace injury is not only essential for the health and well-being of the injured worker but also crucial for the success of their worker’s compensation claim. The importance of seeking medical treatment cannot be overstated, as prompt medical care can help diagnose and treat injuries effectively, prevent complications, and facilitate the recovery process.
One of the most significant consequences of delaying or refusing medical care for a workplace injury is the potential exacerbation of the injury. What may initially appear as a minor injury could worsen over time if left untreated, leading to more severe health problems and longer recovery times. By seeking medical treatment promptly, injured workers can receive timely interventions, such as medication, physical therapy, or surgery, which can help alleviate symptoms and promote healing.
Moreover, delaying or refusing medical care can also jeopardize the injured worker’s ability to obtain worker’s compensation benefits. In Wisconsin, injured workers are required to seek medical treatment from an approved healthcare provider to qualify for benefits. Failing to comply with this requirement may result in the denial of the worker’s compensation claim, leaving the injured worker without the financial support they need to cover [medical expenses and lost wages](https://www.wisconsin.edu/workers-compensation/employees/what-does-workers-compensation-cover/).
To ensure timely and appropriate medical treatment for workplace injuries, injured workers should notify their employer of the injury as soon as possible and seek medical attention promptly. Employers, in turn, should have protocols in place for responding to workplace injuries. By prioritizing prompt medical treatment, both employees and employers can mitigate the adverse effects of workplace injuries and facilitate the worker’s compensation process.
## Providing Incomplete Or Inaccurate Information
When filing for worker’s compensation in Wisconsin, accurately documenting workplace injuries is crucial for ensuring that injured workers receive the benefits they are entitled to. However, providing incomplete or inaccurate information on worker’s compensation forms can have significant consequences and may result in delays or denials of claims.
One common error in completing worker’s compensation forms is failing to provide detailed information about the circumstances surrounding the injury. Incomplete descriptions of how the injury occurred or what symptoms the injured worker is experiencing can make it difficult for claims administrators to assess the validity of the claim and determine the appropriate benefits to award.
Additionally, inaccuracies in reporting the extent of the injury or the resulting impairments can also impact the outcome of the worker’s compensation claim. Overstating or understating the severity of the injury can lead to discrepancies between the information provided on the claim forms and the medical evidence, raising questions about the credibility of the claim.
To avoid these pitfalls, injured workers should take care to accurately and thoroughly document workplace injuries when filing for worker’s compensation. This includes providing detailed descriptions of how the injury occurred, the symptoms experienced, and any limitations or impairments resulting from the injury. Additionally, injured workers should ensure that all information provided on worker’s compensation forms is truthful and consistent with their medical records.
## Not Consulting With A Worker’s Comp Attorney
Seeking legal advice from an experienced attorney is crucial for individuals navigating the worker’s compensation process in Wisconsin. While it may be tempting to handle the claim independently, there are significant benefits to consulting with an attorney who specializes in worker’s compensation law.
One of the primary benefits of seeking legal advice is gaining access to experienced guidance and support throughout the claims process. Worker’s compensation laws can be complex and nuanced, and an attorney can help injured workers understand their rights and navigate the intricacies of the legal system. From assisting with the initial claim filing to representing the injured worker in hearings and appeals, an attorney can provide invaluable assistance at every stage of the process.
Additionally, consulting with an attorney can help mitigate the risks associated with navigating the worker’s compensation process alone. Without legal representation, injured workers may inadvertently make mistakes or overlook important details that could jeopardize their claim. An attorney can review the facts of the case, identify potential issues, and develop a strategic plan to address them effectively, increasing the likelihood of a successful outcome.
Furthermore, an attorney can help maximize compensation for injured workers by advocating for their rights and ensuring they receive the full benefits they are entitled to under Wisconsin law. Whether negotiating with insurance companies, challenging denied claims, or pursuing additional benefits, an attorney can work tirelessly to protect the interests of their clients and secure the best possible outcome.
## Accepting A Settlement Without Fully Understanding Rights And Entitlements
One common mistake that injured workers in Wisconsin may make is accepting a settlement offer from their employer or the insurance company without fully understanding their rights and entitlements under state law. While settling a worker’s compensation claim may seem like a quick and easy way to obtain compensation, it is essential to approach settlement offers with caution and careful consideration.
Accepting a settlement offer too quickly can have several potential pitfalls. For example, the settlement amount may not fully compensate the injured worker for their medical expenses, lost wages, and other damages. Additionally, by accepting a settlement, the injured worker may waive their right to pursue additional benefits or compensation in the future, even if their condition worsens or new information comes to light.
It is crucial for injured workers to understand their rights and entitlements under Wisconsin’s worker’s compensation law before agreeing to a settlement. This includes knowing the types of benefits they are entitled to, the duration of those benefits, and the process for challenging denied claims or seeking additional compensation.
Before accepting a settlement offer, injured workers should carefully consider several factors, including the extent of their injuries, the prognosis for recovery, and the long-term impact on their ability to work and earn a living. Consulting with an experienced worker’s compensation attorney can help injured workers assess their options, evaluate settlement offers, and make informed decisions that are in their best interests.
## Failing To Appeal A Denied Worker’s Compensation Claim
When a worker’s compensation claim is denied in Wisconsin, it does not necessarily mean the end of the road for the injured worker. There is an appeals process in place that allows claimants to challenge denied claims and seek a reconsideration of their case. Understanding the appeals process and knowing how to navigate it effectively is crucial for injured workers who wish to pursue the benefits they deserve.
The appeals process for denied worker’s compensation claims typically involves several stages, beginning with an administrative review by the [Wisconsin Department of Workforce Development](https://dwd.wisconsin.gov/dwd/publications/wc/wkc-13330-p.htm). If the claim remains unresolved after this initial review, the injured worker has the right to request a hearing before an administrative law judge. During the hearing, both parties have the opportunity to present evidence and arguments in support of their positions, and the judge will issue a decision based on the merits of the case.
Common reasons for the denial of worker’s compensation claims include insufficient evidence of the injury or illness, disputes over the causal relationship between the injury and the workplace, and administrative errors or omissions in the claim filing process. To appeal a denied claim effectively, injured workers must address the specific reasons for the denial and provide additional evidence or documentation to support their case.
Strategies for appealing denied claims effectively may include gathering additional medical evidence, obtaining witness statements or testimony, and enlisting the assistance of experienced legal counsel. An attorney who specializes in worker’s compensation law can help injured workers navigate the appeals process, gather relevant evidence, and present a compelling case on their behalf, increasing the likelihood of a successful outcome.
## Ignoring Vocational Rehabilitation Opportunities
Vocational rehabilitation is a vital component of the worker’s compensation system in Wisconsin, designed to help injured workers overcome barriers to returning to work and regain their economic independence. Through vocational rehabilitation services, injured workers can access a range of resources and support to help them re-enter the workforce and pursue gainful employment.
Available resources and services for vocational rehabilitation may include vocational assessments, job training, skills development programs, job placement assistance, schooling, and vocational counseling. These services are tailored to the individual needs and abilities of each injured worker, with the goal of maximizing their employability and facilitating a successful return to work.
Vocational rehabilitation can play a crucial role in helping injured workers return to work in a safe and sustainable manner. By providing access to job training and placement services, vocational rehabilitation enables injured workers to acquire the skills and qualifications needed to secure employment in alternative fields or industries that accommodate their physical limitations.
## Overlooking Potential Third-Party Claims
In addition to worker’s compensation benefits, injured workers in Wisconsin may have the option to pursue third-party claims against parties other than their employer who may be responsible for their injuries. [Third-party liability](https://www.justia.com/injury/negligence-theory/third-party-liability/) in workplace injury cases may arise when someone other than the employer or co-worker is negligent or at fault for the injury.
Examples of situations where third-party claims may arise include accidents involving defective products or equipment, premises liability incidents on property owned or maintained by third parties, and motor vehicle accidents occurring while the injured worker is performing work-related duties. In these cases, injured workers may be able to pursue compensation from the at-fault party through a personal injury lawsuit.
Pursuing third-party claims in addition to worker’s compensation benefits can provide injured workers with additional avenues for compensation and help them recover more fully from their injuries. Third-party claims may allow injured workers to seek damages for pain and suffering, emotional distress, and other non-economic losses that are not available through worker’s compensation benefits alone.
## Our Milwaukee Worker’s Compensation Lawyers Fight For Injured Wisconsin Workers
When facing the complexities of Wisconsin’s worker’s compensation system, it’s crucial to have experienced legal representation by your side. Our team of dedicated worker’s compensation claim attorneys at Gillick, Wicht, Gillick & Graf is here to help. We possess a deep understanding of Wisconsin’s laws and regulations, and we are committed to fighting for the rights of injured workers like you.
With our experience and knowledge, we can help you through the complexities of the Wisconsin worker’s compensation process. Whether you’re dealing with claim denials or disputes, we’ll advocate tirelessly on your behalf to ensure you receive the compensation you rightfully deserve. You don’t have to face this journey alone.
Contact our experienced [Wisconsin worker’s comp lawyers](https://www.gillickwicht.com/workers-compensation) today at [414-257-2667](tel:14142572667) to [receive your free consultation](https://www.gillickwicht.com/Contact.shtml). Let us guide you through the complexities of the system and help you secure the benefits you’re entitled to. Don’t wait—take the first step towards protecting your rights and obtaining the justice you deserve.
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### [What Are The Limits For Worker's Compensation?](https://www.gillickwicht.com/what-are-the-limits-for-workers-compensation/)
**Published:** April 8, 2024
**Author:** admin
**Content:**
Worker’s compensation in Wisconsin is a crucial aspect of the state’s labor laws, designed to protect both employees and employers in the event of workplace injuries or illnesses. It serves as a safety net, providing financial assistance to workers who suffer injuries or develop illnesses due to their job duties.
Worker’s compensation benefits cover various aspects such as medical expenses, wage replacement, vocational rehabilitation, and survivor benefits in case of fatalities. Understanding the intricacies of worker’s compensation laws and regulations is essential for both employees and employers to ensure fair and timely compensation for workplace injuries or illnesses.
The importance of comprehending the limits and regulations of worker’s compensation benefits cannot be overstated. Knowing the maximum benefits they are entitled to, the duration of benefits, and the statutory caps on medical expenses can help injured workers navigate the claims process more effectively. It enables them to make informed decisions and seek appropriate legal representation. Similarly, employers must understand their obligations under worker’s compensation laws to fulfill their duties and avoid potential legal liabilities. Therefore, gaining insights into the limits and regulations of worker’s compensation benefits is crucial for all stakeholders involved.
## Understanding Worker’s Compensation in Wisconsin
Worker’s compensation laws and regulations in Wisconsin form a comprehensive framework designed to provide financial and medical benefits to employees who suffer work-related injuries or illnesses. Governed primarily by [Chapter 102 of the Wisconsin Statutes](https://docs.legis.wisconsin.gov/statutes/statutes/102), these laws outline employers’ and employees’ rights and responsibilities in the event of workplace accidents or occupational diseases. The statutes define various terms related to worker’s compensation, establish procedures for filing claims, and set forth the criteria for determining eligibility and benefits.
The primary purpose of worker’s compensation benefits in Wisconsin is to provide prompt and fair compensation to employees who sustain injuries or illnesses arising out of and in the course of their employment. These benefits aim to cover medical expenses, including hospital bills, doctor’s fees, prescription medications, and rehabilitation services necessary for treating the work-related injury or illness. Additionally, worker’s compensation provides wage replacement benefits to compensate for lost income during the period of disability, ensuring that injured workers can maintain financial stability while recovering from their injuries.
Wisconsin’s legal framework governing worker’s compensation encompasses various statutes, administrative rules, and judicial interpretations that define the rights and obligations of employers, employees, and insurance carriers. Chapter 102 of the Wisconsin Statutes establishes the basic principles and procedures for worker’s compensation claims, including provisions related to benefit eligibility, dispute resolution, and administrative oversight.
Additionally, the Wisconsin Department of Workforce Development oversees the administration of worker’s compensation laws and regulations, providing guidance to stakeholders and ensuring compliance with statutory requirements.
Judicial decisions by state courts further shape the interpretation and application of worker’s compensation laws, offering clarification on contentious issues and establishing precedents for future cases. Overall, understanding the legal framework surrounding worker’s compensation is essential for navigating the claims process and ensuring compliance with applicable laws and regulations.
## Types of Worker’s Compensation Benefits
Worker’s compensation benefits in Wisconsin provide crucial support for employees who suffer work-related injuries or illnesses. These benefits are designed to alleviate financial burdens and ensure access to necessary medical care and wage replacement. Understanding the types of benefits available is essential for injured workers and their families to navigate the compensation process effectively.
In Wisconsin, [various types of worker’s compensation benefits exist](https://dwd.wisconsin.gov/wc/workers/#:~:text=What%20Benefits%20are%20Included%3F,while%20recovering%20from%20an%20injury.), ranging from medical coverage to wage replacement and vocational rehabilitation services. This article explores these different benefits in detail, shedding light on their eligibility criteria, limitations, and how they can provide vital assistance to injured workers across the state.
### Medical Benefits
Worker’s compensation in Wisconsin provides coverage for necessary medical treatment related to work-related injuries or illnesses. This includes expenses such as hospital visits, surgeries, prescription medications, physical therapy, and medical supplies deemed reasonable and necessary for treating the injury or illness. Medical benefits also cover mileage reimbursement for travel to medical appointments.
### Wage Replacement Benefits
Worker’s compensation also includes wage replacement benefits to compensate for lost income due to work-related injuries or illnesses. These benefits are designed to provide financial support to injured workers during periods of disability when they are unable to work. There are several types of wage replacement benefits available in Wisconsin:
1. **Temporary Total Disability (TTD) benefits** – TTD benefits are payable to injured workers who are temporarily unable to return to work due to their injuries. These benefits typically amount to two-thirds of the worker’s average weekly wage, subject to statutory maximums and minimums. TTD benefits continue until the worker reaches maximum medical improvement or returns to work, whichever comes first.
2. **Permanent Total Disability (PTD) benefits** – PTD benefits are available to workers who suffer permanent and total disabilities that render them unable to engage in any gainful employment. These benefits provide ongoing financial support for the remainder of the worker’s life, with payments calculated based on the worker’s average weekly wage.
3. **Permanent Partial Disability (PPD) benefits** – PPD benefits are awarded to workers who sustain permanent functional impairments as a result of the work injury. The amount of PPD benefits depends on the percentage of disability assessed by the doctor, the body part injured and the year of the injury.
### Vocational Rehabilitation Benefits
In addition to medical and wage replacement benefits, worker’s compensation in Wisconsin may provide vocational rehabilitation services to injured workers who are unable to return to their previous jobs due to their injuries. Vocational rehabilitation aims to help injured workers regain employment by providing job retraining, vocational counseling, job placement assistance, schooling, and other support services tailored to their individual needs.
Eligibility for vocational rehabilitation benefits is determined based on factors such as the severity of the injury, the worker’s ability to perform alternative work, and the availability of suitable job opportunities in the labor market. Vocational rehabilitation benefits are intended to facilitate the injured worker’s return to meaningful employment and promote their long-term economic self-sufficiency.
## Statutory Limits on Worker’s Compensation Benefits
### Maximum Weekly Benefit Amounts
In Wisconsin, worker’s compensation benefits are subject to statutory limits on the maximum weekly benefit amounts that injured workers can receive. These limits vary depending on the type of benefits and are adjusted annually to account for changes in the state’s average weekly wage. For temporary total disability (TTD) benefits, the maximum weekly benefit amount is typically two-thirds of the worker’s average weekly wage, up to a statutory maximum, and subject to a minimum threshold.
Similarly, permanent total disability (PTD) benefits and permanent partial disability (PPD) benefits are also subject to maximum weekly benefit limits based on the worker’s average weekly wage and the severity of the disability as determined by medical evidence. Factors influencing the calculation of weekly benefit amounts include:
- The worker’s pre-injury earnings.
- The degree of disability.
## Common Factors Affecting Worker’s Compensation Limits
### Nature and Severity of the Injury
The nature and severity of the injury play a crucial role in determining the limits of worker’s compensation benefits in Wisconsin. The impact of the injury on the worker’s ability to work and earn wages is carefully evaluated to assess the extent of compensation warranted. This assessment often involves medical examinations, diagnostic tests, and expert opinions to determine the degree of impairment and disability resulting from the injury.
Disability ratings and impairment levels assigned by medical professionals serve as critical factors in deciding the amount and duration of benefits awarded to injured workers. For instance, a severe injury that renders a worker permanently and totally disabled may result in higher benefit amounts and longer durations of compensation compared to a temporary injury with partial disability.
### Pre-existing Conditions
Pre-existing medical conditions can significantly impact the limits of worker’s compensation benefits in Wisconsin. When assessing claims, pre-existing conditions are considered to determine the extent of aggravation or exacerbation caused by work-related injuries. In some cases, pre-existing conditions may complicate the evaluation process, particularly if they contribute to the severity of the injury or affect the worker’s prognosis and recovery.
However, Wisconsin law provides protections for injured workers by prohibiting employers and insurers from denying benefits solely based on pre-existing conditions. Instead, benefits may be adjusted to account for the combined effects of pre-existing conditions and work-related injuries, ensuring fair and equitable compensation for injured workers.
### Statutory Changes and Legal Precedents
Worker’s compensation limits in Wisconsin are subject to statutory changes and legal precedents that influence the interpretation and application of relevant laws. Legislative amendments and regulatory updates can impact the eligibility criteria, benefit amounts, and duration of compensation available to injured workers. For example, recent changes in state law may expand or restrict certain benefits, alter the calculation methods for benefit amounts, or introduce new procedural requirements for filing claims.
Similarly, legal precedents established by state courts and administrative bodies shape the interpretation of worker’s compensation laws and establish guidelines for adjudicating claims. Understanding these statutory changes and legal precedents is essential for both injured workers and employers to navigate the worker’s compensation system effectively and ensure compliance with applicable laws and regulations.
## Strategies for Maximizing Worker’s Compensation Benefits
### Legal Representation and Advocacy
Seeking legal representation from experienced worker’s compensation attorneys is crucial for injured workers in Wisconsin. These attorneys possess in-depth knowledge of the state’s worker’s compensation laws and regulations and can effectively advocate for their clients’ rights. They play a pivotal role in maximizing benefits by navigating the complexities of the claims process, gathering compelling evidence to support claims, and representing injured workers in negotiations or hearings.
Additionally, attorneys can advise injured workers on their legal options, including appealing denied claims or pursuing litigation if necessary. By partnering with skilled legal advocates, injured workers can increase their chances of obtaining fair and adequate compensation for their injuries.
### Rehabilitation and Return-to-Work Programs
Vocational rehabilitation services play a vital role in facilitating injured workers’ return to employment after suffering work-related injuries or illnesses. These programs focus on assessing the injured worker’s abilities, interests, and limitations and providing training, counseling, and job placement assistance to help them re-enter the workforce successfully.
Employers, insurers, and rehabilitation professionals collaborate to develop personalized rehabilitation plans tailored to the individual needs of injured workers. By participating in rehabilitation and return-to-work programs, injured workers can enhance their employability, regain financial independence, and improve their overall quality of life.
### **Compliance with Reporting and Documentation Requirements**
Timely reporting and accurate documentation of workplace injuries and illnesses are essential for maximizing worker’s compensation benefits in Wisconsin. Injured workers should promptly notify their employers of any work-related injuries or illnesses and seek medical treatment as soon as possible. Additionally, they should maintain detailed records of medical appointments, diagnostic tests, treatment plans, and work restrictions prescribed by healthcare providers.
Proper documentation of disability ratings, impairment evaluations, and vocational assessments can strengthen workers’ compensation claims and support the calculation of benefits. By ensuring compliance with reporting and documentation requirements, injured workers can safeguard their entitlement to compensation and expedite the claims process.
Understanding the limits and regulations governing worker’s compensation benefits is essential for injured workers to navigate the claims process effectively and secure fair and adequate compensation for their injuries. By familiarizing themselves with the legal framework and seeking legal advice when needed, injured workers can protect their rights and maximize their entitlement to benefits.
## Contact Our Milwaukee Worker’s Compensation Attorneys
Filing a Wisconsin worker’s compensation claim is daunting, particularly for injured workers who are dealing with claim denials or disputes. In these challenging cases, it’s very important for workers to retain our seasoned [Milwaukee worker’s compensation claim attorneys](https://www.gillickwicht.com/workers-compensation). We possess a comprehensive understanding of Wisconsin’s intricate laws and regulations.
At Gillick, Wicht, Gillick & Graf, our team of dedicated Wisconsin worker’s comp lawyers is wholly committed to assisting injured workers in advocating for their rights and securing the compensation they rightfully deserve.
Contact our experienced Wisconsin worker’s compensation claim attorneys at Gillick, Wicht, Gillick & Graf by calling [414-257-2667](tel:14142572667) to [receive your free consultation](https://www.gillickwicht.com/Contact.shtml). Let us help you secure the benefits you are entitled to and ensure that your rights are safeguarded throughout the process.
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---
### [Most Common Reasons Worker's Comp Claims Are Denied](https://www.gillickwicht.com/most-common-reasons-workers-comp-claims-are-denied/)
**Published:** March 26, 2024
**Author:** admin
**Content:**
Worker’s compensation in Wisconsin is a vital system designed to provide financial assistance and medical benefits to employees who suffer work-related injuries or illnesses. Governed by [Chapter 102 of the Wisconsin Statutes](https://docs.legis.wisconsin.gov/statutes/statutes/102), the state’s worker’s compensation program aims to ensure injured workers receive proper medical treatment and financial support while recovering from their injuries.
In Wisconsin, most employers are required to carry worker’s compensation insurance to cover the costs associated with workplace injuries or illnesses. This insurance is intended to provide benefits such as medical expenses, temporary or permanent disability payments, and vocational rehabilitation services to eligible employees. Understanding the intricacies of the worker’s compensation system is crucial for both employers and employees to ensure that injured workers receive the assistance they need in a timely manner.
## Importance of Understanding Reasons for Claim Denials
While the worker’s compensation system is designed to provide benefits to injured workers, claims are sometimes denied for various reasons. Understanding the common reasons for claim denials is essential for both employees and employers to navigate the worker’s compensation process effectively.
Denied claims can result in significant financial hardships for injured workers and their families, as they may be left without access to necessary medical treatment or income replacement benefits. For employers, denied claims can lead to increased insurance costs and potential legal liabilities if injured workers seek alternative forms of compensation through litigation.
By identifying and addressing the most common reasons for claim denials, both employees and employers can take proactive steps to prevent denials from occurring and ensure that injured workers receive the benefits they are entitled to under Wisconsin law. In this report, we will discuss some of the most prevalent reasons for worker’s compensation claim denials in Wisconsin and provide insights into how to address and avoid these issues.
## Legal Requirements for Worker’s Compensation Claims in Wisconsin
Worker’s compensation claims in Wisconsin are governed by Chapter 102 of the Wisconsin Statutes, which outlines the eligibility criteria, filing process, and legal obligations of employers and insurance companies involved in the worker’s compensation system.
To be eligible for worker’s compensation benefits in Wisconsin, an employee must meet certain criteria. According to [Wisconsin Statute § 102.03](https://docs.legis.wisconsin.gov/statutes/statutes/102/03), an employee is entitled to compensation for work-related injuries or illnesses if they arise out of and occur in the course of employment. This means that the injury or illness must have occurred while the employee was performing job-related duties within the scope of their employment.
Additionally, the injury or illness must be reported to the employer within a reasonable time frame, as required by Wisconsin Statute § 102.12. Failure to report the injury or illness promptly may result in a denial of the worker’s compensation claim.
Furthermore, the injury or illness must be documented by medical evidence, as outlined in Wisconsin Statute § 102.17. Medical records, physician reports, and other forms of medical evidence are used to determine the severity and extent of the injury or illness and the employee’s eligibility for benefits.
### Overview of the Filing Process and Deadlines
In Wisconsin, injured workers must file a worker’s compensation claim with the Wisconsin Department of Workforce Development within specific time frames. According to [Wisconsin Statute § 102.12](https://docs.legis.wisconsin.gov/statutes/statutes/102/12?view=section#:~:text=Regardless%20of%20whether%20notice%20was,ought%20to%20have%20known%20the), claims for compensation must be filed within two years from the date of the injury or the date the employee knew or should have known that the injury was work-related.
Employers are also required to report work-related injuries or illnesses to their worker’s compensation insurance carrier and the Wisconsin Department of Workforce Development within seven days of becoming aware of the injury or illness, as mandated by Wisconsin Statute § 102.29. Failure to report injuries or illnesses promptly may result in penalties for employers and delays in processing claims for injured workers.
### Legal Obligations of Employers and Insurance Companies
Employers in Wisconsin are legally obligated to provide worker’s compensation insurance coverage for their employees, as required by Wisconsin Statute § 102.03. This coverage ensures that injured workers receive benefits for work-related injuries or illnesses, regardless of fault.
Insurance companies that provide worker’s compensation coverage are required to investigate claims promptly and fairly and provide benefits to eligible employees in accordance with Wisconsin law. Failure to fulfill these obligations may result in penalties and sanctions imposed by the Wisconsin Department of Workforce Development.
Understanding the legal requirements for worker’s compensation claims in Wisconsin is essential for both employees and employers to ensure compliance with state law and facilitate the timely processing of claims. By adhering to these requirements and deadlines, injured workers can maximize their chances of receiving the benefits they are entitled to under Wisconsin’s worker’s compensation system.
### Most Common Reasons for Worker’s Compensation Claim Denials
Worker’s compensation claims may be denied for various reasons, often leading to disputes between injured workers and insurance companies. Understanding these common reasons for denial can help injured workers navigate the claims process more effectively and seek appropriate legal recourse when necessary.
### Insufficient Medical Evidence
**Lack of Documentation Supporting the Injury**
One of the most common reasons for worker’s compensation claim denials is insufficient medical evidence to support the injury. Wisconsin Statute § 102.17 requires that injuries be documented by medical evidence to establish their severity and causation. Without adequate documentation, insurance companies may dispute the validity of the injury claim.
**Disputes Over the Severity or Causation of the Injury**
Even when medical documentation exists, disputes may arise over the severity or causation of the injury. Insurance companies may argue that the injury is not severe enough to warrant compensation or that it did not occur as a result of work-related activities. Resolving these disputes often requires additional medical assessments and legal intervention.
### Failure to Report the Injury in a Timely Manner
**Importance of Reporting Workplace Injuries Promptly**
Wisconsin Statute § 102.12 mandates that [workplace injuries be reported to employers within a reasonable time frame](https://docs.legis.wisconsin.gov/statutes/statutes/102/12?view=section#:~:text=Regardless%20of%20whether%20notice%20was,ought%20to%20have%20known%20the). Failure to report injuries promptly may jeopardize the worker’s ability to receive compensation. Employers and insurance companies may question the validity of claims that are not reported in a timely manner.
**Consequences of Delayed Reporting on Claim Approval**
Delayed reporting of workplace injuries can have significant consequences on claim approval. Insurance companies may argue that delayed reporting indicates that the injury is not as severe as claimed or that it occurred outside of work. Injured workers should prioritize reporting injuries promptly to avoid potential claim denials.
### Pre-existing Conditions
**Challenges in Proving that the Injury Occurred at Work**
In cases where workers have pre-existing medical conditions, insurance companies may deny claims by arguing that the injury existed before the workplace incident. Proving that the injury occurred at work and is distinct from pre-existing conditions can be challenging and may require expert medical testimony.
**How Pre-existing Conditions Impact Claim Eligibility**
Wisconsin law recognizes that pre-existing conditions do not necessarily disqualify workers from receiving compensation for work-related injuries. However, insurance companies may use pre-existing conditions as grounds for denial if they believe the injury is unrelated to work activities. Injured workers may need to provide detailed medical histories and documentation to establish the connection between the injury and work duties.
### Disputes Over the Nature of Employment
**Independent Contractor vs. Employee Classification Disputes**
In some cases, disputes may arise over the classification of workers as independent contractors rather than employees. [Wisconsin Statute § 102.07](https://docs.legis.wisconsin.gov/statutes/statutes/102/07) defines employees eligible for worker’s compensation benefits, and misclassification disputes can lead to claim denials. Injured workers classified as independent contractors may need to demonstrate that they meet the criteria for employee status under state law.
**Legal Implications of Misclassification on Worker’s Compensation Claims**
Misclassification of workers can have significant legal implications for worker’s compensation claims. Independent contractors may not be entitled to the same benefits as employees, and insurance companies may deny claims based on classification disputes. Injured workers should seek legal guidance to challenge misclassification and assert their rights to compensation.
### Violation of Employer Policies or Misconduct
**Consequences of Engaging in Prohibited Activities at Work**
Worker’s compensation claims may be denied if the injury resulted from the employee’s violation of employer policies or engaging in prohibited activities. Wisconsin Statute § 102.03 outlines the scope of compensable injuries, and injuries caused by employee misconduct may not be covered. Insurance companies may deny claims if they determine that the injury occurred due to the employee’s misconduct or horseplay.
**Impact of Misconduct on Claim Approval**
Misconduct or violations of employer policies can significantly impact claim approval. Insurance companies may argue that the injury is not compensable because it resulted from non work-related activities. Injured workers should be aware of employer policies and adhere to safety guidelines to minimize the risk of claim denials.
## Strategies to Avoid Claim Denials
Employers and employees alike can implement various strategies to mitigate the risk of worker’s compensation claim denials. These strategies can promote safety, communication, and adherence to legal requirements.
### Educating Employees on Reporting Procedures
**Importance of Clear Communication Regarding Injury Reporting**
One of the most crucial steps in avoiding claim denials is ensuring that employees understand the importance of reporting workplace injuries promptly and accurately. Wisconsin Statute § 102.12 mandates that employees report injuries to their employers within 30 days of occurrence, emphasizing the significance of timely reporting. Employers should communicate this requirement clearly to all employees to prevent misunderstandings and ensure compliance.
**Training Employees on the Proper Steps to Take After an Injury**
Providing comprehensive training on injury reporting procedures is essential for empowering employees to take the appropriate actions in the event of an injury. Employers should educate workers on how to identify work-related injuries, whom to report them to, and the documentation required for filing a claim. By equipping employees with this knowledge, employers can facilitate timely and accurate injury reporting, reducing the likelihood of claim denials due to procedural errors.
### Providing Adequate Safety Training and Equipment
**Importance of Workplace Safety Measures in Preventing Injuries**
Under Wisconsin Statute § 101.055, employers are legally obligated to provide a safe work environment free from recognized hazards that may cause injury or death. Investing in comprehensive safety training programs and ensuring employees have access to appropriate safety equipment can significantly reduce the risk of workplace injuries. By proactively addressing potential hazards and promoting a culture of safety, employers can minimize the occurrence of injuries and subsequent worker’s compensation claims.
**Legal Obligations of Employers to Maintain a Safe Work Environment**
Wisconsin law imposes strict requirements on employers to maintain workplace safety standards and take necessary precautions to prevent injuries. Failure to fulfill these obligations jeopardizes employee well-being and exposes employers to potential legal liabilities and financial penalties. Employers should conduct regular safety assessments, provide ongoing training, and promptly address any safety concerns or violations to uphold their legal responsibilities and protect their workforce.
### Seeking Legal Guidance and Representation
In cases where worker’s compensation claims are denied, seeking legal guidance from experienced worker’s compensation attorneys can be instrumental in pursuing recourse. Attorneys representing injured workers in worker’s compensation law, such as those at Gillick Wicht, Gillick & Graf, possess in-depth knowledge of Wisconsin’s worker’s compensation statutes and regulations. They can assess the circumstances surrounding the denial, advise injured workers on their rights and options, and advocate on their behalf to secure the benefits they deserve.
Workers who encounter claim denials have recourse options available to challenge the decision and seek legal remedies. [Wisconsin Statute § 102.1](https://docs.legis.wisconsin.gov/statutes/statutes/102/18)8 provides provisions for appealing denied claims through the worker’s compensation system. Additionally, injured workers may pursue legal action against employers or insurance companies for wrongful denial of benefits. Worker’s compensation attorneys can guide individuals through the appeals process, represent their interests in hearings or court proceedings, and pursue compensation for lost wages and medical expenses.
## Recap of Key Reasons for Worker’s Compensation Claim Denials
In this worker’s compensation report, we’ve discussed several critical factors contributing to claim denials. These include insufficient medical evidence, delayed reporting of injuries, pre-existing conditions, disputes over employment classification, and violations of workplace policies or misconduct. Each of these elements plays a significant role in determining the outcome of a worker’s compensation claim and can lead to denial or delay of benefits if not addressed effectively.
### Importance of Understanding and Addressing Potential Pitfalls in the Claims Process
Understanding the nuances and potential pitfalls of the worker’s compensation claims process is paramount for both employers and employees in Wisconsin. Employers must prioritize workplace safety and adhere to state regulations to prevent injuries and minimize liability. On the other hand, employees must promptly report workplace injuries, seek medical attention as needed, and follow reporting procedures diligently to support their claims. By addressing these potential challenges early on, individuals can enhance their chances of securing fair compensation for work-related injuries.
### Contact Our Wisconsin Worker’s Comp Lawyers to Fight For You!
Navigating the complexities of Wisconsin’s worker’s compensation system can be daunting, especially for individuals facing claim denials or disputes. In such situations, workers must seek legal representation from our experienced worker’s compensation claim attorneys. We understand the intricacies of Wisconsin’s laws and regulations.
Our [Wisconsin worker’s comp lawyers](https://www.gillickwicht.com/workers-compensation) are dedicated to helping injured workers fight for their rights and obtain the compensation they deserve. With our knowledge and experience, we can guide claimants through the appeals process, negotiate with insurance companies, and ultimately win their case. Don’t navigate the worker’s compensation system alone—contact our experienced Wisconsin worker’s compensation claim attorneys at Gillick, Wicht, Gillick & Graf at [414-257-2667](tel:14142572667) to [receive your free consultation](https://www.gillickwicht.com/Contact.shtml) and secure the benefits you’re entitled to.
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---
### [The Role of Independent Medical Examinations in Wisconsin Workers' Compensation Cases](https://www.gillickwicht.com/the-role-of-independent-medical-examinations-in-wisconsin-workers-compensation-cases/)
**Published:** March 18, 2024
**Author:** admin
**Content:**
In Wisconsin, worker’s compensation is pivotal in providing support and security to workers who suffer from job-related injuries or illnesses. At Gillick, Wicht, Gillick & Graf, our Green Bay worker’s compensation lawyers are dedicated to ensuring that workers understand their rights and the protections afforded to them under Wisconsin’s worker’s compensation laws.
Navigating the intricacies of workers’ compensation cases in Wisconsin often involves a critical step known as [an Independent Medical Examination (IME)](https://dwd.wisconsin.gov/wc/medical/ime.htm). At Gillick, Wicht, Gillick & Graf, our Green Bay worker’s comp lawyers are well-versed in the nuances of how IMEs influence the outcome of workers’ compensation claims. Our goal is to explain the role of IMEs in these cases, providing clear and valuable insights for those involved in or facing a workers’ compensation claim.
## The Foundation of Wisconsin Worker’s Compensation
Worker’s compensation in Wisconsin is a no-fault system designed to provide benefits to employees who suffer work-related injuries or illnesses, regardless of who was at fault for the incident. This system is intended to ensure that workers receive timely medical treatment and financial support during their recovery period without prolonged legal disputes.
### Key Benefits of Wisconsin Worker’s Compensation
The worker’s compensation system in Wisconsin offers [a range of benefits to injured or ill workers](https://dwd.wisconsin.gov/dwd/publications/wc/wkc-13330-p.htm), including:
- Medical Expenses: Coverage for all necessary and reasonable medical treatment related to the work injury or illness.
- Disability Benefits: Compensation for wages lost due to temporary or permanent inability to work, categorized as either temporary total disability (TTD), temporary partial disability (TPD), permanent total disability (PTD), or permanent partial disability (PPD).
- Vocational Rehabilitation: Assistance for workers who need to undergo training or education to return to the workforce in a new capacity due to their injury.
-
Wisconsin’s worker’s compensation system is designed to support and protect workers enduring work-related injuries or illnesses. By providing comprehensive coverage for medical expenses, compensating for lost wages through various disability benefits, and offering vocational rehabilitation services, the system ensures that workers are not left to handle their recovery alone.
These benefits underscore the system’s commitment to Wisconsin’s workforce’s health, well-being, and economic stability, affirming the state’s dedication to a safe and supportive working environment for all.
### Navigating Worker’s Compensation Claims with Green Bay Lawyers
Filing and pursuing a worker’s compensation claim can be complex and stressful. Green Bay worker’s compensation lawyers are essential in guiding injured workers through this process. Their experience includes:
- - - Dispute Resolution: Representing workers in disputes over the validity of claims, extent of injuries, and appropriate compensation levels.
- Appeals: Navigating the appeals process for denied claims, advocating for the worker’s rights at every step.
### Challenges in Worker’s Compensation Cases
Despite the [no-fault nature of the system](https://doa.wi.gov/DEO/WC%20Manual.pdf), workers can still face challenges when seeking worker’s compensation benefits. Issues may arise in proving the extent of the injury, its connection to the workplace, or disputes over the appropriateness of provided medical treatments. In such instances, the support of experienced worker’s compensation lawyers becomes invaluable.
## Understanding Independent Medical Examinations
An Independent Medical Examination is a medical evaluation conducted by a doctor not previously involved in the patient’s care. In workers’ compensation cases, insurance companies or employers often request IMEs to verify the extent of an employee’s work-related injury or illness and confirm whether it is directly related to their job duties.
The Purpose of IMEs in Workers’ Compensation Cases
The primary goal of an IME is to obtain an assessment of the worker’s health status. These examinations can play a pivotal role in determining:
- - - The nature and extent of the injury or illness.
- Whether the injury or illness is work-related.
- The treatment is necessary for the injury or illness.
- The employee’s capacity for work, including any restrictions or limitations.
## How IMEs Impact Workers’ Compensation Claims
The findings of an IME can significantly influence the direction of a workers’ compensation claim. Positive outcomes can validate a worker’s claim, leading to appropriate compensation for medical expenses, lost wages, and rehabilitation costs. Conversely, if an IME report minimizes the severity of an injury or questions its relation to work, it could lead to a reduction or denial of benefits.
## The Role of Green Bay Worker’s Comp Lawyers
Given the potential impact of IME results on workers’ compensation claims, having experienced legal representation is crucial. Green Bay worker’s comp lawyers play a vital role in:
- - - Preparing clients for what to expect during an IME.
- Ensuring the IME is conducted fairly and impartially.
- Analyzing and challenging IME findings when they conflict with the treatment and opinions of the worker’s treating physicians.
- Advocating for the worker’s rights throughout the claims process, especially in disputes over IME results.
## Navigating Disputes Over IME Findings
Discrepancies between IME findings and a worker’s medical records are not uncommon. When disputes arise, skilled worker’s comp lawyers can challenge the IME report’s conclusions, often by presenting evidence from the worker’s treating physicians or seeking a second opinion from another independent medical expert.
## A Final Word About The Purpose of IMEs in Workers’ Compensation Cases
Independent Medical Examinations are a critical component of the Wisconsin workers’ compensation system, carrying significant weight in the determination of claims. Understanding their role and implications is essential for workers navigating the claims process. For those facing workers’ compensation claims in Wisconsin, especially in the Green Bay area, the support of experienced worker’s comp lawyers can be invaluable in ensuring fair treatment and just compensation.
## Call Our Green Bay Worker’s Comp Lawyers to Protect Your Rights!
At Gillick, Wicht, Gillick & Graf, our team is dedicated to guiding injured workers in Wisconsin through the complexities of workers’ compensation claims, including the intricacies of Independent Medical Examinations. If you’re dealing with a workers’ comp claim and facing an IME, our knowledgeable attorneys are here to provide the support and advocacy you need to protect your rights and interests. Contact our dedicated [Green Bay worker’s comp lawyers](https://www.gillickwicht.com/workers-compensation) at [414-257-2667](tel:14142572667) to [receive a free consultation](https://www.gillickwicht.com/Contact.shtml).
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---
### [What You Shouldn't Do While On Worker’s Comp](https://www.gillickwicht.com/what-you-shouldnt-do-while-on-workers-comp/)
**Published:** February 6, 2024
**Author:** admin
**Content:**
Worker’s compensation in Wisconsin is designed to provide financial support and medical benefits to employees who sustain work-related injuries or illnesses. However, it is essential to understand that specific actions and behaviors can jeopardize your worker’s compensation benefits. This report will explore what you shouldn’t do while on worker’s comp in Wisconsin, citing relevant Wisconsin laws and providing detailed explanations to help you protect your benefits.
### Delay Reporting Your Injury
One of the biggest mistakes you can make is to delay reporting your work-related injury to your employer. In Wisconsin, you must report your injury to your employer as soon as possible but no later than 30 days after the accident or diagnosis of the occupational disease. Failure to report your injury to your employer can result in denying your worker’s compensation claim. According to [Wisconsin Statute § 102.12(1)](https://docs.legis.wisconsin.gov/document/statutes/102.12?view=section), timely notification is crucial for preserving your rights to compensation benefits.
### Neglecting Medical Treatment
You must seek timely and appropriate medical treatment to avoid damaging your worker’s compensation claim. [Wisconsin law (Wis. Stat. § 102.42)](https://docs.legis.wisconsin.gov/document/statutes/102.42#:~:text=If%20an%20employee%20who%20has,a%20result%20of%20that%20treatment.) requires injured employees to cooperate fully with medical treatment and follow the treatment plan their healthcare providers prescribe. Neglecting medical advice or not attending scheduled appointments may lead to denying, reducing, or ending your worker’s compensation benefits.
### Disregarding Your Doctor’s Restrictions
Ignoring your treating physician’s restrictions can negatively impact your worker’s compensation claim. You must adhere to these recommendations when a doctor provides work restrictions or orders you to stay off work temporarily. Returning to work against medical advice or engaging in activities that exceed your restrictions may jeopardize your health and sabotage your worker’s compensation claim, as it suggests you are not genuinely injured.
### Failing to Document Your Injury and Recovery
Proper documentation is crucial when pursuing a worker’s compensation claim and while on worker’s comp. Keep detailed records of your injury, medical treatment, and recovery progress. Take photographs of visible injuries, keep copies of medical bills and prescriptions, and maintain a journal of your pain levels and limitations. This documentation can serve as valuable evidence to support your claim in case of disputes.
### Discussing Your Case on Social Media
In today’s digital age, being cautious about what you post on social media is essential. Insurance companies often monitor claimants’ social media profiles to find evidence that could be used against them. Avoid posting photos or comments that could suggest you are not as injured as you claim to be, as it may jeopardize your worker’s compensation benefits.
### Avoid Housework or Yard Work
It is very important to avoid engaging in any work, housework, or yard work within plain view during the course of your worker’s compensation claim. Such activities can be misconstrued as evidence that your injury is not as severe as claimed, potentially jeopardizing your case. It’s essential to remember that even seemingly minor actions can have significant implications when it comes to your claim.
### Working a Second Job or Engaging in Unauthorized Employment
While on worker’s comp, engaging in a second job or any unauthorized employment can harm your claim. [Wisconsin law (Wis. Stat. § 102.43)](https://docs.legis.wisconsin.gov/document/statutes/102.43) requires claimants to report any earnings from other employment while receiving worker’s compensation benefits. Failure to do so may lead to a reduction or termination of your benefits.
### Ignoring Vocational Rehabilitation Opportunities
If your work-related injury or illness prevents you from returning to your previous job, vocational rehabilitation may be offered to help you find suitable employment. Ignoring these opportunities can negatively impact your claim, as it may be viewed as a refusal to cooperate with efforts to get you back to work. Exploring vocational rehabilitation options and participating actively when those rehabilitation treatments are provided is paramount.
### Not Consulting with a Wisconsin Worker’s Compensation Attorney
Dealing with Wisconsin’s worker’s compensation system can be complex, and insurance companies usually try to deny or minimize claims. Therefore, it’s very important that you consult with an experienced Wisconsin worker’s compensation attorney to avoid putting your financial interests at risk. An experienced attorney from Gillick, Wicht, Gillick & Graf can provide valuable guidance, protect your rights, and ensure you receive the full benefits you are entitled to under Wisconsin worker’s compensation law.
Moreover, never sign any documents without consulting an attorney. As a recently injured worker, you are facing various financial responsibilities, including medical bills, groceries, rent or mortgage payments, and numerous other immediate expenses that cannot afford to wait for a prolonged legal battle. Consequently, many injured workers might be tempted to hastily accept a settlement offer.
However, by doing so, you may inadvertently forfeit a substantial amount of compensation, the possibility of receiving top-notch medical care, and the opportunity for vocational training if your injury leads to permanent limitations. Collaborating with a Wisconsin worker’s compensation attorney presents numerous advantages and safeguards your best interests in this process.
### A Final Word About What You Shouldn’t Do While On Worker’s Compensation
Understanding what you shouldn’t do while on Wisconsin worker’s comp is crucial to protecting your claim. Delaying reporting your injury, neglecting medical treatment, disregarding your doctor’s restrictions, failing to document your injury and recovery, discussing your case on social media, engaging in unauthorized employment, ignoring vocational rehabilitation opportunities, and not consulting with an attorney are all actions that can harm your worker’s compensation claim. By being aware of these potential pitfalls and following Wisconsin’s worker’s compensation laws, you can safeguard your rights and ensure you continue to receive the benefits you deserve. If you have questions or concerns about your worker’s compensation claim in Wisconsin, call the experienced worker’s compensation claim attorneys at Gillick, Wicht, Gillick & Graf. We can provide personalized guidance and representation.
## Call Our Milwaukee Worker’s Comp Lawyers to Protect Your Claim!
If you or a loved one has incurred a workplace injury eligible for Wisconsin worker’s compensation, it’s very important that you comprehend the steps required to safeguard your legal rights. The experienced attorneys at Gillick, Wicht, Gillick & Graf are ready to handle your qualifying worker’s compensation claim. Contact our dedicated Milwaukee worker’s compensation attorneys at [414-257-2667](tel:14142572667) to [receive your free consultation](https://www.gillickwicht.com/Contact.shtml).
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---
### [Can I File A Worker’s Comp Claim If The Injury Was My Fault?](https://www.gillickwicht.com/can-i-file-a-workers-comp-claim-if-the-injury-was-my-fault/)
**Published:** January 8, 2024
**Author:** admin
**Content:**
[Worker’s compensation](https://www.gillickwicht.com/workers-compensation) is a crucial part of the labor and employment law landscape in Wisconsin that provides a safety net for employees who suffer injuries or illnesses in the line of their work. This system, rooted in a century-old legal framework, aims to provide financial and medical support to workers during their recovery period, ensuring they are not left to shoulder the burden of work-related injuries alone.
By design, worker’s compensation operates as a [mutual benefit system](https://dwd.wisconsin.gov/dwd/publications/wc/wkc-7317.htm): it protects employees from the financial hardships following a workplace injury while shielding employers from potentially costly personal injury lawsuits. This arrangement is critical in maintaining a balance in the workplace, ensuring injured workers receive the care and support they need without necessitating a fault-finding process against the employer.
Wisconsin’s system is designed to streamline the process of aiding injured workers, providing a structured pathway for them to receive benefits like medical care, rehabilitation, and a portion of their lost wages. This system is grounded in the state’s commitment to protect its workforce while balancing the interests of the employers who contribute to the state’s economy.
A central question that often arises in the context of workers’ compensation, particularly in Wisconsin, is whether an employee can file a claim if the injury was their own fault. This query delves into the complex interplay between state laws, the principles of worker’s compensation, and the realities of workplace accidents. In traditional personal injury law, the concept of fault is a pivotal factor in determining eligibility for compensation.
However, worker’s compensation systems, including Wisconsin’s, often operate on a different paradigm. The notion of fault in these systems is nuanced, raising important questions about eligibility, the scope of coverage, and the nature of the injuries that qualify for compensation. We will explore these nuances, shed light on Wisconsin’s worker’s compensation system, and provide clarity on whether workers can file a claim in scenarios where their injury might have been self-inflicted or a result of their own actions.
## The Basics of Worker’s Compensation in Wisconsin
In Wisconsin, worker’s compensation serves as a vital safety mechanism designed to support employees who suffer from job-related injuries or illnesses. This system is founded on a framework that aims to balance the needs of both employees and employers in the aftermath of a workplace injury.
The primary objective of Wisconsin’s worker’s compensation is to ensure that employees are adequately compensated for injuries sustained while performing their job duties, covering medical expenses, rehabilitation costs, and a portion of lost wages. This support is not only critical for the financial stability and health recovery of the employee but also plays a significant role in maintaining a productive and secure work environment.
The operation of the worker’s compensation system in Wisconsin involves unique state-specific nuances. Unlike some other states, Wisconsin mandates that virtually all employers [provide worker’s compensation insurance for their employees](https://oci.wi.gov/Documents/Consumers/PI-065.pdf). This requirement is integral to ensuring that workers have access to necessary benefits in the event of a workplace injury. Once an injury occurs, the process for claiming these benefits involves several steps: the injured employee must report the injury to their employer, who then files a claim with their workers’ compensation insurance provider. The insurance company assesses the claim, examining the nature of the injury and its relation to the employee’s work. If approved, the employee receives benefits that help cover medical treatments and compensate for lost wages during their recovery period.
Central to understanding Wisconsin’s worker’s compensation system is grasping the concept of the “no-fault” system. This term, often misunderstood, refers to the principle that worker’s compensation benefits are provided regardless of who was at fault for the injury. Traditionally, in personal injury law, the injured party must demonstrate that another party was at fault to receive compensation.
However, the worker’s compensation system operates differently. In Wisconsin, as long as the injury occurred in the course of employment and is connected to the employee’s work duties, the injured worker is generally entitled to benefits, irrespective of fault. This no-fault approach is aimed at simplifying the claims process, reducing the need for lengthy and often contentious fault-finding investigations that could delay the provision of benefits.
However, it’s important to note that the no-fault system has its boundaries. There are specific instances where a worker’s compensation claim may be [legitimately denied](https://doa.wi.gov/DEO/WC%20Manual.pdf), such as in cases of injuries resulting from the employee’s intoxication or intentional self-harm. Moreover, while the no-fault system streamlines the process of claiming benefits, it also limits the types of compensation available to the injured employee. For instance, unlike in a personal injury lawsuit, workers in Wisconsin cannot claim punitive damages or compensation for pain and suffering under workers’ compensation laws.
Understanding these basics of Wisconsin’s worker’s compensation system is crucial for employees and employers alike. It equips employees with the knowledge to assert their rights and access benefits efficiently in the event of a workplace injury. For employers, it underscores the importance of compliance with the system’s requirements and the value of fostering a safe work environment to prevent injuries.
### Fault and Worker’s Compensation in Wisconsin
In the realm of worker’s compensation in Wisconsin, the concept of “fault” takes on a nuanced meaning that diverges from its traditional legal interpretation. Typically, fault implies a degree of responsibility or negligence leading to an incident or injury. However, within Wisconsin’s worker’s compensation system, fault is not the primary determinant of eligibility for benefits. This departure from the conventional understanding of fault is central to the function and philosophy of the workers’ compensation system in the state.
Wisconsin’s approach to worker’s compensation is rooted in the [“no-fault” system](https://dwd.wisconsin.gov/dwd/publications/wc/wkc-13330-p.htm), which fundamentally changes how self-inflicted injuries are treated in the context of worker’s compensation claims. In a typical personal injury case, self-inflicted injuries or injuries resulting from the individual’s negligence often preclude the possibility of compensation.
In contrast, under Wisconsin’s worker’s compensation laws, an employee who suffers an injury at work may be eligible for compensation even if the injury was due to their own mistake or carelessness. This framework reflects the overarching goal of the system: to ensure workers receive support for work-related injuries without the cumbersome and often contentious process of establishing fault.
However, it is important to understand that while the no-fault system broadens the eligibility for compensation, it is not without limitations. For instance, injuries that occur while an employee is intoxicated or intentionally self-harming are generally excluded from worker’s compensation coverage. This distinction underscores the system’s balance between providing broad coverage for workplace injuries and deterring reckless or harmful behavior on the part of employees.
Several scenarios illustrate how fault may factor into workers’ compensation claims in Wisconsin. For example, consider an employee who sustains an injury due to a lapse in following safety protocols. Under Wisconsin’s no-fault system, this individual would typically still be eligible for worker’s compensation, even though the injury resulted from their own oversight.
Another scenario might involve an employee who is injured due to faulty equipment or a hazardous work environment. In this case, the employee would be entitled to worker’s compensation benefits, and the question of employer negligence would not affect their eligibility. These examples reflect the system’s primary aim: to provide a straightforward and efficient means of supporting employees who suffer work-related injuries, regardless of fault.
Understanding how fault is treated in Wisconsin’s worker’s compensation system is crucial for both employees and employers. For employees, it highlights the protections available to them under the law and encourages reporting of workplace injuries without fear of blame. For employers, it reinforces the importance of maintaining a safe working environment and the need to have comprehensive worker’s compensation insurance, as workplace injuries can lead to claims irrespective of fault.
### Filing a Claim for Self-Inflicted Injuries
When it comes to filing a workers’ compensation claim in Wisconsin for a self-inflicted injury, there are specific steps and requirements that employees need to follow to ensure their claim is processed effectively. The first step is immediate reporting of the injury to the employer, regardless of its nature.
This prompt reporting is critical, as delays can complicate the claim process. Following this, the employee should seek medical attention, ensuring that the injury is appropriately treated and documented. Medical documentation is a key piece of evidence in worker’s compensation claims, as it provides a professional assessment of the injury and its relation to the employee’s job duties.
The next step involves the employer, who is responsible for filing a claim with their workers’ compensation insurance carrier. The employee should provide the employer with all necessary information about the injury and the circumstances surrounding it. It’s important for the employee to keep copies of all documents related to the injury and the claim, including medical records, correspondence with the employer, and any claim forms completed.
In the case of self-inflicted injuries, additional documentation may be required to demonstrate that the injury occurred in the course of employment and is connected to the employee’s work activities. This might include witness statements, a detailed account of the incident, or any relevant workplace safety reports. The role of the employer and the insurance company in this process is to assess the claim, evaluate the evidence, and determine eligibility for worker’s compensation benefits based on Wisconsin’s no-fault worker’s compensation laws.
### Challenges and Solutions of Filing a Claim for Self-Inflicted Injuries
Filing claims for self-inflicted injuries in Wisconsin can present several challenges. One common issue is the potential for claims to be initially questioned or denied, especially if there is ambiguity about how the injury occurred. Employees may also face challenges in providing sufficient documentation or in navigating the complex procedures of the claim process.
Clear communication and thorough documentation are crucial to navigating these challenges effectively. Employees should be proactive in detailing their injury’s circumstances and gathering all relevant evidence. It’s also advisable for employees to familiarize themselves with the worker’s compensation process in Wisconsin, understanding their rights and the responsibilities of their employer.
In complex cases, particularly where there may be disputes about the nature of the injury or its connection to the workplace, seeking legal counsel can be invaluable. A lawyer specializing in workers’ compensation can provide guidance on the specifics of the claim, help in preparing and presenting evidence, and represent the employee in any appeals or hearings. Legal expertise can be particularly beneficial in navigating the nuances of Wisconsin’s worker’s compensation laws and ensuring that the employee’s rights are protected.
While filing a worker’s comp claim in Wisconsin for a self-inflicted injury may seem daunting, understanding the process and the required documentation can significantly ease the experience. Employees should remember the importance of prompt reporting, thorough documentation, and clear communication throughout the claims process. In cases where the process becomes complex or disputed, seeking legal counsel can provide the necessary support to navigate the system effectively.
Wisconsin employees must proactively understand and use their worker’s compensation rights. This knowledge helps ensure they receive the benefits they are entitled to and contributes to a more informed and prepared workforce. Understanding these rights and processes is essential for employees and employers, promoting a safer and more responsive work environment.
### Call Our Wisconsin Worker’s Compensation Lawyers Today
At Gillick, Wicht, Gillick & Graf, our team of Wisconsin worker’s compensation attorneys is here to provide you with the highest level of legal representation for your worker’s compensation needs. Our seasoned lawyers offer a free case review as part of our extensive range of legal services.
Should your case meet the legal requirements and you opt to move forward, our attorneys will handle all the required legal documentation and take your case to any necessary lengths to ensure you receive the benefits you deserve. With nearly 80 years of experience, our [Milwaukee worker’s comp attorneys](https://www.gillickwicht.com/workers-compensation) have been champions for injured workers throughout southern Wisconsin, and we stand ready to assist with your claim today. Contact our worker’s compensation attorneys at [(414) 257-2667](tel:14142572667) now to schedule a free legal consultation, and please note that our fees are contingent upon you receiving the benefits you are entitled to.
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**Categories:** Worker’s Comp Attorney
**Tags:** workers' comp
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### [What To Look For In A Worker's Compensation Law Firm](https://www.gillickwicht.com/what-to-look-for-in-a-workers-compensation-law-firm/)
**Published:** January 4, 2024
**Author:** admin
**Content:**
When a worker sustains a severe workplace injury and needs to file a [Worker’s compensation claim in Wisconsin](https://www.gillickwicht.com/workers-compensation), the choice of legal representation is a critical decision that can significantly influence the outcome of their case. Selecting a law firm with the right skills and experience in worker’s compensation law is not only about legal experience; it involves understanding the nuances of [Wisconsin law](https://docs.legis.wisconsin.gov/statutes/prefaces/toc), the local legal landscape, and your specific needs as an injured worker. We aim to provide a comprehensive guide to help you choose a law firm that effectively represents your interests.
## Understanding Wisconsin Worker’s Compensation Laws
[Wisconsin’s worker’s compensation laws](https://dwd.wisconsin.gov/wc/) are designed to protect employees who suffer work-related injuries or illnesses. Before embarking on your search for a law firm, it’s essential to have a basic understanding of these laws. Wisconsin statutes mandate that most employers provide worker’s compensation insurance for their employees, which covers medical expenses, wage replacement, and rehabilitation costs for work-related injuries or illnesses. However, navigating these laws can be complex, and legal guidance is often necessary to ensure that you receive the full benefits to which you are entitled.
### The Indispensable Role of Retaining Experienced Legal Counsel
Worker’s compensation claims present a complex maze of legal, medical, and procedural challenges that often extend beyond the experience of general legal practitioners. These claims, designed to provide financial and medical support to employees injured or disabled at work, encompass a diverse range of regulations, legal precedents, and administrative procedures. This article delves into the complexities of these claims and underscores the necessity of engaging experienced legal counsel for effective navigation and resolution.
#### Legal Complexity and Ever-Changing Legislation
Worker’s compensation law is a specialized field characterized by complex statutes that vary significantly from state to state. Unlike general legal fields, worker’s compensation involves a unique blend of personal injury law, employment law, and administrative practice. This area of law is compounded by frequent legislative updates and changes, requiring attorneys to stay abreast of current laws and regulations. Experienced legal counsel brings a depth of understanding and experience in interpreting these laws, ensuring that claims are handled in accordance with the latest legal frameworks.
#### The Intersection of Medical and Legal
Injuries or illnesses in the workplace are not just legal matters; they involve complex medical assessments and terminologies. Experienced worker’s compensation lawyers possess the necessary experience to navigate these medical intricacies. They collaborate with medical professionals to accurately interpret medical reports, assess the extent of injuries, and understand the long-term implications of workplace accidents. This intersection of medical and legal experience is crucial in arguing for appropriate compensation and medical care, a nuance often missed by general practitioners.
#### Navigating Administrative Procedures and Hearings
The worker’s compensation system involves a distinct set of administrative procedures that can be daunting and complex. Filing claims, adhering to strict deadlines, and presenting cases in administrative hearings demand a comprehensive understanding of procedural rules. Experienced attorneys are adept at navigating these bureaucratic processes, ensuring that paperwork is filed correctly and deadlines are met, thereby avoiding procedural dismissals or delays.
#### Negotiating with Insurance Companies
Worker’s compensation claims typically involve negotiations with insurance companies, which can be challenging for individuals unfamiliar with the tactics and strategies employed by these entities. Experienced legal counsel has the skill to effectively negotiate with insurers, ensuring that clients receive the maximum benefits entitled under the law. Their experience is critical in preventing lowball settlements and in advocating for fair compensation.
#### Litigation and Appeals Experience
In cases where claims are disputed or denied, litigation may become necessary. Experienced worker’s compensation attorneys are equipped to litigate cases effectively, having extensive experience in courtroom settings specific to these claims. Additionally, in the event of an unfavorable decision, they possess the experience to navigate the appeals process, a realm that general legal practitioners may find challenging due to its specific and complex nature.
The complexity of worker’s compensation claims cannot be understated. These cases demand a certain skill set that encompasses knowledge of state-specific laws, medical terminologies, administrative procedures, negotiation tactics, and litigation strategies. General legal practitioners, while adept in many areas, may not possess the depth of experience required to handle these claims effectively. As such, engaging experienced legal counsel is not just beneficial but essential for employees seeking justice and fair compensation in the wake of workplace injuries or illnesses.
### Criteria for Choosing a Worker’s Compensation Law Firm
Choosing the right worker’s compensation law firm is a critical decision for anyone navigating a workplace injury or illness claim. The criteria for selecting the most suitable firm can significantly impact the outcome of your case and your overall experience throughout the process. In this introduction, we’ll explore the key factors to consider when evaluating potential worker’s compensation law firms, helping you make an informed choice that maximizes your chances of obtaining the benefits and support you deserve.
**Focus on Worker’s Compensation in Wisconsin** – The first criterion is to look for law firms that focus on worker’s compensation cases within Wisconsin. This focus indicates a depth of experience and understanding of the specific laws and regulations that apply in the state. In some cases, a law firm will dedicate a percentage of its practice to worker’s compensation. Our law firm is 100% dedicated to Worker’s compensation claims in Wisconsin.
**Experience and Track Record** – Evaluate the firm’s experience in handling workers’ compensation claims. A firm with a solid track record of successfully representing clients in similar situations to yours is more likely to understand the complexities of your case.
**Knowledge of Local Legal Environment** – A firm that is well-acquainted with the local legal environment, including Wisconsin’s workers’ compensation laws, court procedures, and judges, can navigate the system more effectively.
**Client Reviews and Reputation** – Research the firm’s reputation by reading reviews and testimonials from past clients. Positive feedback and a good reputation in the community can be indicative of the quality of service and success.
**Professional Credentials and Licensing** – Ensure that the attorneys at the firm are licensed to practice in Wisconsin and have any necessary certifications or affiliations with professional worker’s compensation organizations.
**Communication and Responsiveness** – Choose a firm that values communication with clients. Regular updates and responsiveness to your queries are essential for a transparent and trustworthy client-lawyer relationship.
**Fee Structure and Transparency** – Understand the firm’s fee structure. Many worker’s compensation attorneys work on a contingency fee basis, meaning they only get paid if you win your case. Ensure all aspects of the fee arrangement are clear and transparent.
**Resources and Support** – Consider the resources available to the firm, including support staff, technology, and connections with medical and vocational experts. These resources can be crucial in building a strong case.
### Final Steps in Making Your Decision
After researching and shortlisting potential law firms, arrange consultations to discuss your case. These meetings can provide insights into the firm’s approach and give you a sense of whether their style aligns with your needs. Pay attention to how they communicate, their level of interest in your case, and their ability to explain legal concepts in a way you understand.
Selecting the right worker’s compensation law firm in Wisconsin is a decision that requires careful consideration. You can make an informed decision by focusing on a firm’s experience in Wisconsin workers’ compensation law, its track record, local knowledge, reputation, communication style, and resources. This choice affects the outcome of your case and your peace of mind throughout the process. Remember, the right legal partner is one who not only understands the law but also understands your individual needs as an injured worker.
### Call Our Wisconsin Worker’s Compensation Lawyers Today!
Experiencing a workplace injury can leave you feeling overwhelmed and uncertain about your next steps. At Gillick, Wicht, Gillick & Graf, our team of [Wisconsin worker’s compensation attorneys](https://www.gillickwicht.com/workers-compensation) is dedicated to providing top-tier legal representation for all your worker’s compensation needs. Our seasoned lawyers offer a free initial case review as part of our comprehensive legal services.
If your case meets the criteria and you choose to proceed, our attorneys will handle all the necessary legal paperwork and pursue your case to secure the benefits you deserve. With nearly 80 years of experience, our Wisconsin worker’s compensation attorneys have served injured workers throughout southern Wisconsin, and we are here to assist with your claim today. Contact our Wisconsin injured worker’s attorneys at [(414) 257-2667](tel:14142572667) for your free legal consultation, and remember, our fees are contingent on you receiving your benefits.
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**Categories:** Worker’s Compensation Attorney
**Tags:** workers' comp
---
### [Can I Still Get Worker's Comp If Injury Was My Fault?](https://www.gillickwicht.com/can-i-still-get-workers-comp-if-injury-was-my-fault/)
**Published:** December 26, 2023
**Author:** admin
**Content:**
Imagine falling down the steps and injuring your back at work in Milwaukee. You cannot work for months, so how will you support your family? Wisconsin worker’s compensation insurance is a no-fault system, so determining fault is unnecessary to receive benefits for medical bills and lost earnings.
Learn more about worker’s comp benefits below, and contact one of our [worker’s comp lawyers in Wisconsin](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf for questions and solid legal representation. Our attorneys tirelessly help our clients maximize their worker’s comp financial benefits.
## When Does Wisconsin Worker’s Comp Cover Injuries?
Wisconsin is a no-fault state for worker’s compensation. Proving fault is not required to receive worker’s compensation. Generally, [worker’s comp benefits in Wisconsin must be paid](https://dwd.wisconsin.gov/dwd/publications/wc/wkc-18-p.htm) even if the injury was your fault. The law covers mental and physical injuries caused by accidents and occupational diseases. So, you should not need to worry about how the accident happened. If the injury occurred on the job, you should receive benefits in Wisconsin.
If you work in one location, such as an assembly line, office, or store, your injury is typically covered only if it happens at work. If the job requires you to travel, you will be covered at all times when you are on the road. This includes the time you sleep or eat unless you deviate from typical work duties for a personal matter.
Also, if the employer did not follow a federal or state safety law and you were injured, it must pay 15% more compensation, up to $15,000. This is on top of any other compensation you receive. Payment is required even if your carelessness led to the injury.
If you did not follow your company’s safety rules and an injury occurred, compensation can be reduced by 15%, but the reduction cannot be more than $15,000. If your injury was caused by your drug or alcohol use, the insurance provider may only have to pay for your medical expenses.
## Who Qualifies For Worker’s Compensation In Wisconsin?
The vast majority of employees in Wisconsin are covered by the state’s no-fault worker’s comp laws from their first day at work. [Almost 99% of employees are covered](https://www.gillickwicht.com/wisconsin-injury-workers-compensation-claims-what-you-need-to-know) right away. There are a few exceptions for companies with fewer than three employees.
## Which Injuries Are Covered By Worker’s Compensation?
The insurance system in Wisconsin is comprehensive, so you are entitled to payments for virtually any injury or illness during your employment. So, you could be eligible for benefits for:
- A one-time injury, such as a sprained back for falling in the employee parking lot
- A repetitive stress injury, such as carpal tunnel syndrome from typing
- A preexisting injury made worse by your job, such as a back injury from sitting all day
- An occupational disease, such as asbestosis
## How Are My Worker’s Comp Benefits Determined?
All medical payments and compensation are paid based on the medical reports your doctor provides. Their diagnosis of the type and severity of injury will directly affect the compensation you receive. If your doctor does not make regular and prompt reports to the insurance provider or employer, payments can be delayed. If the insurance company does not make payments because it is still looking into your claim, you must be informed within two weeks after it gets notice of your injury.
If your worker’s comp claim is denied, the insurance company must tell you within a week of its decision and tell you about your rights to an appeal hearing. It is recommended that a Wisconsin worker’s comp attorney represent you at any appeal hearing.
## Can You Select Your Own Treating Physician?
Yes. The Wisconsin Department of Workforce Development states that injured employees have the right to get treatments from a doctor of their choice. However, if there is a medical emergency, your company can send you to their preferred medical facility or doctor. From that point, though, you are entitled to pick your treating physician.
## What Benefits Can You Receive In A Worker’s Comp Claim?
Worker’s comp is no fault, so you can get paid even if you caused the injury. Depending on the case, you could receive benefits for the following:
- Necessary and reasonable medical treatments
- Temporary disability benefits
- Vocational retraining and rehabilitation
- Permanent disability compensation
## Are Part-Time Employees Covered?
Yes. The worker’s compensation laws cover a part-time employee. Whether you work full-time or part-time does not matter for receiving benefits.
## What Is An Independent Medical Exam?
The insurance company is allowed by law to perform a medical examination by its doctor to get an opinion on your injury or illness. This may be referred to as an Independent Medical Exam (IME). The insurance company can send you to this examination at reasonable intervals during your recovery. Usually, it should be the same doctor. You have not developed a doctor/patient relationship by attending this exam, so this doctor does not treat you. You are required to attend the IME or your benefits could be suspended.
## What If My Company Does Not Have Work For Me?
If your injury caused a permanent partial disability or permanent restrictions, you could be entitled to benefits for job retraining. If you think you are physically able to do a job, but your company claims not to have such work available, talk to your worker’s compensation attorney for advice.
## Can I Sue My Company?
No. You cannot sue your employer or a co-worker for a work injury in Wisconsin. But you can still sue a third party that contributed to your injury, such as the company that made the factory equipment that led to the disability.
## Speak To Our Worker’s Comp Lawyers In Wisconsin Today
If you were hurt at work in Wisconsin, you likely qualify for worker’s compensation. Wisconsin is a no-fault state for worker’s compensation, so even if you caused your injury, you are entitled to compensation. Speak to our worker’s comp lawyers in Wisconsin at [Gillick, Wicht, Gillick & Graf](https://www.gillickwicht.com/Contact.shtml) today by calling (414) 257-2667. Our attorneys have obtained fair worker’s compensation benefits for many satisfied clients in Milwaukee and throughout Wisconsin.
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**Categories:** Workers' Comp Lawyer
**Tags:** workers' comp
---
### [How Delayed Diagnoses Can Complicate A Milwaukee Worker’s Compensation Claim](https://www.gillickwicht.com/how-delayed-diagnoses-can-complicate-a-milwaukee-workers-compensation-claim/)
**Published:** September 23, 2026
**Author:** admin
**Content:**
A workplace injury is not always identified correctly at the first doctor’s visit. Some injuries develop slowly, while others may seem like a simple strain or bruise at first. If your diagnosis is delayed, your employer or their insurance company might claim your condition was not caused by your job. They may also use gaps in your treatment to question how serious your injury is or whether you really needed medical care. We help injured workers in [Milwaukee](https://en.wikipedia.org/wiki/Milwaukee) keep track of when their symptoms started, how they changed, and why it took time to get the right diagnosis.
## A Delay Can Create A Dispute About Work-Related Causation
To receive Wisconsin Worker’s Compensation, there must be a clear link between your job and your injury or condition. If your diagnosis is delayed, the insurance company might argue that your condition happened after the reported incident or was caused by something outside of work.
For example, a worker might first be told they have a back strain, but later find out it’s actually a herniated disc with nerve issues. Someone with shoulder pain may start with basic treatment, only to learn later that they have a rotator cuff tear. Even if time passes before the correct diagnosis, your claim is not automatically lost, but proving the injury was caused by work can become more difficult.
We help build a clear record using accident reports, medical records, witness statements, job descriptions, imaging results, and your doctor’s opinions. Your medical records should show when your symptoms began, how they changed, and which work activities caused or made them worse.
### Late Reporting Can Raise Notice Problems
A worker should report an injury to the employer as soon as reasonably possible, even when the diagnosis is uncertain. Wisconsin Statutes [Section 102.12](https://docs.legis.wisconsin.gov/statutes/statutes/102/12) generally requires notice within 30 days after the injury, although the statute recognizes circumstances in which a claim may continue despite later notice. The statute also establishes a broader two-year notice period, subject to statutory exceptions and the employer’s ability to show prejudice from the delay.
A delayed diagnosis does not necessarily mean that the initial injury notice was inadequate. You do not need to know the final medical terminology before reporting that you were hurt. However, failing to report the accident or symptoms can allow the employer to argue that it lacked an opportunity to investigate promptly.
We recommend giving notice in writing and retaining a copy. The report should identify the approximate date, location, work activity, affected body part, and symptoms without guessing about a diagnosis.
### Treatment Gaps May Be Used Against The Claim
Insurance companies often check if you got medical care quickly and regularly. If there is a long gap in your treatment, they may argue that your symptoms went away, your injury was not serious, or something else caused your condition later on.
There are many good reasons why someone might delay getting care. You might think the pain will get better, not get a full diagnosis at first, have trouble getting a referral, face scheduling problems, or keep working because you need the money. It is important to write down these reasons instead of leaving them out.
Wisconsin Statutes [Section 102.42](https://docs.legis.wisconsin.gov/statutes/statutes/102/42) generally requires the employer to provide medical, surgical, hospital, nursing, and related treatment that is reasonably required to cure and relieve the effects of a compensable injury. The statute also gives an injured employee rights concerning the choice of an attending practitioner, including a second choice after notifying the employer or carrier.
### A Delayed Diagnosis Can Postpone Disability Benefits
To get temporary disability benefits, you usually need medical proof that you cannot work or need work restrictions because of your injury. If your diagnosis is delayed, your doctor might not give you restrictions right away. This can lead your employer or their insurance company to question if your earlier lost wages were really caused by your work injury.
Wisconsin Statutes [Section 102.43](https://docs.legis.wisconsin.gov/statutes/statutes/102/43) addresses compensation for temporary disability and loss of earnings. The statute recognizes temporary disability during periods reasonably required for healing and, in qualifying situations, during periods involving work restrictions and resulting wage loss.
We look at work slips, attendance records, payroll details, offers for lighter duties, and medical opinions to see if your unpaid time or lower earnings are linked to your injury. Your doctor may also be asked if restrictions should have started before you got the official diagnosis.
### The Insurance Carrier May Request Another Medical Examination
When the diagnosis changes or surgery is recommended months after an accident, the employer or insurance carrier may arrange an independent medical examination. The examining practitioner may be asked whether the condition is work-related, whether treatment is necessary, and whether the employee has reached an end of healing.
If doctors disagree, it can delay your treatment approval, stop your disability payments, or lead to a denial of permanent disability. We compare the exam report with your full treatment history to see if it considers your real job duties, symptoms, past health, and test results.
### Evidence Becomes More Important As Time Passes
When a diagnosis is delayed, it becomes even more important to keep evidence. Coworkers might forget what happened, video footage could be lost, and work records may be harder to find. Medical notes made soon after your symptoms started can be very helpful.
Wisconsin Statutes [Section 102.17](https://docs.legis.wisconsin.gov/statutes/statutes/102/17) establishes procedures for resolving disputed Worker’s Compensation claims and permits the production of records and testimony during the hearing process. It also contains limitation provisions that can affect when a claim must be pursued.
We urge injured workers to take action before a disputed claim becomes more difficult to prove. Getting legal help early can find missing records, spot inconsistent stories, and address important medical questions.
## Speak With Our Milwaukee Worker’s Compensation Attorneys Today
A delayed diagnosis can give an insurance carrier several reasons to dispute a claim. The carrier may question when the injury occurred, whether work caused the condition, whether treatment is necessary, or whether lost wages are connected to the injury. We help injured employees gather medical evidence, preserve workplace records, address inconsistent diagnoses, and pursue benefits available under Wisconsin law.
Gillick, Wicht, Gillick & Graf represents injured workers in Milwaukee and throughout Wisconsin. Our attorneys handle disputed diagnoses, denied medical treatment, temporary disability claims, permanent disability issues, and other Wisconsin Worker’s Compensation matters. Contact our [Milwaukee worker’s comp lawyers](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf by calling [414-257-2667](tel:14142572667) to [receive a free consultation](https://www.gillickwicht.com/Contact.shtml).
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**Categories:** Worker's Compensation Claims Lawyer
**Tags:** How Delayed Diagnoses Can Complicate your Milwaukee Worker’s Compensation Claim
---
### [What Makes A Workers’ Compensation Claim Complex In Milwaukee?](https://www.gillickwicht.com/what-makes-a-workers-compensation-claim-complex-in-milwaukee/)
**Published:** September 1, 2026
**Author:** admin
**Content:**
A work injury in [Milwaukee](https://en.wikipedia.org/wiki/Milwaukee) may appear straightforward at first, but disputes can develop as medical treatment continues and the full effect of the injury becomes clear. An insurance carrier may question whether the condition was caused by work, whether treatment remains necessary, or whether you can return to your former job.
A claim can become more difficult when there are preexisting health problems, conflicting medical opinions, permanent work restrictions, or more than one potentially responsible employer or insurer. Wage calculations and vocational needs may also become contested. We evaluate the complete medical, employment, and financial record so that one disputed issue does not prevent an injured worker from pursuing the benefits available under Wisconsin law.
### Disputes About Whether The Injury Is Work-Related
Wisconsin Worker’s Compensation generally operates as a no-fault system, but an injured employee must still establish that the claim satisfies the statutory conditions for employer liability. Wisconsin Statute [Section 102.03](https://docs.legis.wisconsin.gov/statutes/statutes/102/03) requires, among other elements, an employment relationship and an injury arising out of employment while the employee is performing service growing out of and incidental to that employment.
A claim can become complex when the injury developed gradually rather than during one identifiable accident. Repetitive lifting, prolonged tool use, occupational exposure, and cumulative physical stress may aggravate the body over time. Insurers may argue that the condition resulted from aging, a prior injury, recreational activity, or a health problem unrelated to work.
We examine medical records, job duties, witness statements, incident reports, work schedules, and the history of symptoms. A clear medical opinion explaining how employment caused, aggravated, or contributed to the condition may be central to establishing compensability.
### Preexisting Conditions And Competing Medical Opinions
A prior back injury, joint problem, surgery, or degenerative condition does not automatically prevent a valid claim. The central question is often whether work activity caused a new injury or materially contributed to the progression of the condition.
Complexity increases when the treating practitioner and the insurance carrier’s independent medical examiner disagree. The insurer may dispute the diagnosis, work restrictions, need for surgery, length of the healing period, or percentage of permanent disability. Wisconsin Statute [Section 102.13](https://docs.legis.wisconsin.gov/statutes/statutes/102/13) permits medical examinations in Worker’s Compensation matters, subject to statutory requirements.
We compare the medical opinions with diagnostic testing, treatment records, physical findings, prior records, and the actual physical requirements of the worker’s job. A brief medical conclusion may not adequately address a complicated occupational history or explain why a condition changed after a workplace event.
### Disagreements About Medical Treatment
Wisconsin Statute [Section 102.42](https://docs.legis.wisconsin.gov/statutes/statutes/102/42) generally addresses an employer’s obligation to furnish reasonable and necessary medical treatment for a compensable injury. Covered care may include physician services, hospitalization, medication, therapy, and other treatment required to cure and relieve the effects of the injury.
A dispute may arise when the carrier refuses to authorize a procedure, challenges the relationship between treatment and the work injury, or contends that further care will not improve the condition. Questions may also develop concerning a second choice of practitioner, referrals, transportation, or unpaid medical bills.
Treatment disagreements can affect much more than medical care. If the insurer claims that the healing period has ended, it may also attempt to stop temporary disability payments. We review whether the carrier’s position is supported by a complete medical evaluation and whether further evidence is needed.
### Temporary Disability And Wage Calculation Problems
Wisconsin Statute [Section 102.43](https://docs.legis.wisconsin.gov/statutes/statutes/102/43) governs temporary disability compensation in qualifying cases. Temporary total disability may apply when the work injury prevents an employee from working during the healing period. Temporary partial disability may apply when the employee returns to work but earns less because of injury-related restrictions.
Calculating benefits can become difficult when a worker has irregular hours, overtime, bonuses, seasonal earnings, multiple jobs, or a recent wage change. Wisconsin Statute [Section 102.11](https://docs.legis.wisconsin.gov/statutes/statutes/102/11) provides rules for determining average weekly earnings.
Return-to-work disputes are also common. An employer may offer modified duty that the worker believes exceeds medical restrictions. The carrier may then argue that wage-loss benefits should stop. We examine the written restrictions, job description, hours, physical tasks, and actual wages rather than relying solely on a general statement that light duty is available.
### Permanent Disability And Loss Of Earning Capacity
After the healing period ends, a practitioner may determine that the worker has a permanent disability. Wisconsin Statute Section 102.44 addresses permanent disability benefits, including scheduled and nonscheduled injuries. The method of evaluating a permanent injury may depend on the body part affected and whether the condition causes a broader loss of earning capacity.
A permanent claim may become complex when the parties dispute the percentage of disability or whether the worker can return to the same occupation. For certain nonscheduled injuries, factors such as education, age, transferable skills, permanent restrictions, prior earnings, and access to suitable employment may become relevant.
A medical impairment rating does not always resolve every employment consequence. We assess how the permanent condition affects the worker’s ability to compete for appropriate work and maintain earnings.
### Vocational Rehabilitation And Retraining Issues
An injured worker who cannot return to the former job may need vocational assistance. Wisconsin Statute Section 102.42(9) addresses vocational rehabilitation services, while Section 102.43(5) provides for temporary disability payments during an approved retraining program when statutory conditions are met.
Disputes may involve eligibility, the suitability of a proposed training program, the worker’s ability to complete it, or the insurer’s responsibility for related costs. Vocational planning should account for permanent restrictions, local employment opportunities, prior training, and realistic earning potential.
### Multiple Employers, Insurers, Or Third Parties
Claims involving occupational disease or cumulative trauma may require an analysis of when the injury legally occurred and which employer or insurer is responsible. A worker may have performed similar duties for several employers or worked through a staffing company, contractor, or temporary agency.
A separate third-party claim may also exist when someone other than the employer or a coworker caused the injury. Wisconsin Statute Section 102.29 addresses claims against third parties and the allocation of a recovery involving the injured worker, employer, or insurer.
These cases require coordination because the Worker’s Compensation claim and third-party case may involve different legal standards, evidence, and recovery rules.
## Call Our Milwaukee Worker’s Compensation Attorneys For A Free Consultation
A Wisconsin Worker’s Compensation claim can become complex when an insurer disputes medical causation, treatment, disability, wages, work restrictions, permanent impairment, or vocational needs. Claims involving preexisting conditions, multiple employers, cumulative trauma, independent medical examinations, or third-party responsibility may require detailed legal and medical analysis.
At Gillick, Wicht, Gillick & Graf, we represent injured workers in Milwaukee and throughout Wisconsin. We review medical evidence, employment records, wage information, benefit calculations, and insurer decisions to identify disputed issues and pursue the benefits available under Wisconsin law.
Contact our [Milwaukee worker’s compensation attorneys](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf by calling [414-257-2667](tel:14142572667) to [receive a free consultation](https://www.gillickwicht.com/Contact.shtml).
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**Tags:** What Makes A Workers’ Compensation Claim Complex In Milwaukee?
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### [What Happens If I Cannot Return To My Old Job After A Work Injury In Wisconsin?](https://www.gillickwicht.com/what-happens-if-i-cannot-return-to-my-old-job-after-a-work-injury-in-wisconsin/)
**Published:** August 27, 2026
**Author:** admin
**Content:**
A serious work injury can change nearly every aspect of your life. One of the most common concerns injured workers have is whether they will be able to return to the job they held before the accident. In some cases, a worker fully recovers and returns to the same position without restrictions. In other situations, the injury results in permanent limitations that make returning to the previous job impossible. When that happens, Wisconsin Worker’s Compensation law provides important protections and benefits that may help injured workers move forward. Understanding your rights is critical because the decisions made after a work injury can affect your income, future employment opportunities, and long-term financial stability.
Wisconsin’s Worker’s Compensation system is governed by [Chapter 102](https://docs.legis.wisconsin.gov/statutes/statutes/102.pdf) of the Wisconsin Statutes. These laws provide benefits to employees who suffer work-related injuries or occupational illnesses. If your injury prevents you from returning to your former position, several legal and financial issues may come into play.
## Temporary Disability Benefits During Recovery
If your authorized medical provider removes you from work or places restrictions that your employer cannot accommodate, you may be entitled to temporary disability benefits. Under [Wis. Stat. § 102.43](https://docs.legis.wisconsin.gov/statutes/statutes/102/43), eligible workers may receive temporary total disability benefits while they recover from their injuries.
These benefits are intended to replace a portion of lost wages while you are unable to work. The amount and duration of benefits depend on the facts of your case, your earnings before the injury, and your medical condition.
### Permanent Disability And Work Restrictions
Some injuries result in permanent physical limitations. When a worker reaches a healing plateau, often referred to as the end of healing, a physician may assign permanent work restrictions and a disability rating.
Under [Wis. Stat. § 102.52](https://docs.legis.wisconsin.gov/statutes/statutes/102/52) and related provisions, workers may qualify for permanent partial disability benefits if they suffer a permanent impairment. The extent of benefits depends on the nature and severity of the injury.
Permanent restrictions may prevent a worker from performing heavy lifting, repetitive movements, prolonged standing, or other essential job duties required by their former position.
### Vocational Rehabilitation Benefits
If you cannot return to your previous occupation because of a work injury, vocational rehabilitation may be available. Wisconsin law recognizes that some injured workers need assistance obtaining new skills or training for different employment.
[Wis. Stat. § 102.61](https://docs.legis.wisconsin.gov/statutes/statutes/102/61) provides for vocational rehabilitation services under certain circumstances. These programs may help injured workers prepare for suitable employment that accommodates their medical restrictions.
Vocational rehabilitation can include job placement assistance, retraining programs, education, and other services designed to improve employability.
### Loss Of Earning Capacity
A work injury can affect your future earning ability. If your permanent restrictions prevent you from performing the type of work you previously performed, your income may be reduced even if you remain employed.
Determining the impact of an injury on earning capacity can be complicated. Medical evidence, vocational evaluations, employment history, and labor market conditions may all play important roles when evaluating available benefits and potential compensation.
## Why Legal Guidance Matters
When an injury prevents a return to your former job, disputes often arise regarding work restrictions, disability ratings, vocational rehabilitation eligibility, and available benefits. Insurance companies do not always agree with injured workers regarding the extent of disability or future limitations.
Careful legal representation can help ensure that your rights are protected and that all available benefits under Wisconsin Worker’s Compensation law are fully considered.
## Wisconsin Worker’s Compensation FAQs
### What If My Doctor Says I Cannot Return To My Previous Job?
If your treating physician determines that you cannot safely perform your previous job duties, your restrictions may affect the type of work you can perform in the future. Depending on the circumstances, you may qualify for ongoing benefits, vocational rehabilitation services, or permanent disability compensation under Wisconsin Worker’s Compensation law.
### Can My Employer Terminate Me Because I Cannot Perform My Old Job?
Every situation is different. Some employers may be unable to accommodate permanent restrictions if essential job duties cannot be performed safely. However, the existence of work restrictions does not automatically eliminate your rights to Worker’s Compensation benefits. Several legal issues may need to be evaluated based on the facts of your case.
### What Is Vocational Rehabilitation?
Vocational rehabilitation is a program that may help injured workers obtain training, education, job placement assistance, or other services when a work injury prevents a return to their prior occupation. The goal is to help workers obtain suitable employment consistent with their physical limitations.
### Will I Continue Receiving Benefits If I Cannot Return To My Old Job?
Possibly. Eligibility for benefits depends on factors such as your medical condition, work restrictions, disability rating, employment status, and the availability of suitable work. Different types of benefits may apply at different stages of your recovery.
### What Is Permanent Partial Disability?
Permanent partial disability refers to a lasting impairment caused by a work injury. Once your medical condition stabilizes, a physician may assign a disability rating that helps determine potential benefits under Wisconsin Worker’s Compensation law.
### Can I Receive Benefits And Work In Another Job?
In some circumstances, yes. Depending on your restrictions and earnings, you may be able to work in a different position while still receiving certain Worker’s Compensation benefits. The details depend on your individual situation.
### What Happens If The Insurance Company Disputes My Restrictions?
Disputes frequently arise regarding medical opinions and work limitations. Insurance carriers may obtain independent medical examinations or challenge disability ratings. When disagreements occur, legal representation can help protect your interests and present evidence supporting your claim.
### How Long Does A Wisconsin Worker’s Compensation Claim Last?
The duration varies significantly from case to case. Some claims resolve within months, while others involving serious injuries, permanent disabilities, or vocational rehabilitation issues may continue much longer. The complexity of the injury often influences the timeline.
## Call Gillick, Wicht, Gillick & Graf For Your Work Injury Consultation
A work injury that prevents you from returning to your previous job can create uncertainty about your future, your income, and your career. At Gillick, Wicht, Gillick & Graf, we help injured workers understand their rights, pursue available benefits, and address disputes involving disability ratings, work restrictions, and vocational rehabilitation. We are committed to protecting the interests of injured workers throughout Wisconsin.
If you cannot return to your former job after a workplace injury, contact our [Milwaukee worker’s comp attorneys](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf by calling [414-257-2667](tel:14142572667) to [receive a free consultation](https://www.gillickwicht.com/Contact.shtml). Our office is located in Milwaukee, Wisconsin, and we proudly represent injured workers throughout the entire state of Wisconsin.
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**Categories:** Worker's Compensation Claim Attorney
**Tags:** What Happens If I Can't Return To My Old Job After A Work Injury?
---
### [How Independent Medical Examinations (IMEs) Can Impact Your Worker’s Comp Case In Wisconsin](https://www.gillickwicht.com/how-independent-medical-examinations-imes-can-impact-your-workers-comp-case-in-wisconsin/)
**Published:** August 12, 2025
**Author:** admin
**Content:**
When you’re injured on the job in Wisconsin, filing a worker’s compensation claim can provide essential benefits such as medical care, lost wages, and ongoing support. But the process isn’t always straightforward. One significant part of many claims is the Independent Medical Examination, or IME. If your employer or their insurance company has requested an IME, it’s crucial that you understand what’s at stake. As attorneys who represent injured workers across Wisconsin, we’ve seen how these examinations can greatly affect the outcome of a claim, for better or worse.
An IME is not the same as a regular doctor visit. It is conducted by a physician chosen and paid for by the worker’s compensation insurance carrier. Under Wisconsin law, specifically [Wis. Stat. § 102.13(1)(a)](https://docs.legis.wisconsin.gov/statutes/statutes/102/13), insurance companies have the right to request that an injured worker submit to an IME to evaluate the extent of the injury, necessity of treatment, and work restrictions. While this may seem like a routine part of the process, it often plays a pivotal role in whether your benefits are continued or denied. That’s why it’s important to prepare and know your rights before the exam.
## What An IME Can—and Can’t—Do
An IME is meant to offer an independent opinion, but keep in mind the examining doctor does not have a doctor-patient relationship with you. They are there solely to evaluate your condition and report back to the insurance company. That report may be used to support a claim denial, reduce benefits, or argue that your injury was not work-related. The doctor may state that you’ve reached “maximum medical improvement” (MMI) or that your ongoing treatment is unnecessary.
While IMEs are legal, they are not infallible. If the IME contradicts your treating physician’s findings, your claim may be challenged. We often see IME reports used as grounds to stop wage loss benefits under [Wis. Stat. § 102.43](https://docs.legis.wisconsin.gov/statutes/statutes/102/43), or to dispute the need for ongoing treatment under [Wis. Stat. § 102.42](https://docs.legis.wisconsin.gov/statutes/statutes/102/42).
### How To Protect Your Claim During The IME Process
The first thing we advise is preparation. Be honest and accurate about your symptoms, and don’t exaggerate or downplay anything. Bring notes with you if necessary. Make sure the IME doctor understands how the injury occurred and how it affects your daily life and ability to work. After the IME, document everything about the experience—how long the exam lasted, what the doctor asked, and whether they performed any physical tests.
If you receive an unfavorable IME report, you don’t have to accept it without question. Under [Wis. Stat. § 102.17](https://docs.legis.wisconsin.gov/statutes/statutes/102/17), you have the right to dispute the findings and present evidence at a hearing before an administrative law judge. This may include testimony from your own doctor or additional medical records. That’s where experienced legal counsel becomes essential.
### Why Legal Representation Matters
The worker’s compensation process in Wisconsin can be complicated, especially when medical opinions differ. Insurance companies are known to rely on IMEs to save money, not necessarily to find the truth. We help our clients gather the right evidence, challenge flawed IME findings, and represent their interests before the Department of Workforce Development (DWD) or the Division of Hearings and Appeals. Our job is to ensure your rights are protected and that you get every benefit you are entitled to under Wisconsin law.
## IME Frequently Asked Questions
### What Should I Expect During An IME?
During an IME, you’ll be examined by a doctor chosen by the insurance company. The exam usually includes a review of your medical history, a physical evaluation, and questions about how the injury happened. The appointment is typically brief. The doctor’s goal is to issue a report that will be sent back to the insurance carrier.
### Can I Bring Someone With Me To An IME?
You are allowed to bring a friend or family member to the appointment, but they may not be permitted in the exam room. However, their presence can be helpful for support and to document what happens before and after the exam.
### What If The IME Report Says I Can Go Back To Work?
If the IME report contradicts your own doctor’s opinion, the insurance company might use it to stop your benefits. At that point, you may need to request a hearing with the Wisconsin Department of Workforce Development and present your doctor’s opinion and other medical evidence to support your claim.
### Can I Challenge The IME Report?
Yes, under Wisconsin law, you have the right to challenge any decisions made based on an IME. This often involves submitting evidence from your treating physician and potentially testifying at a hearing. Legal help is strongly recommended at this stage.
### Will I Be Under Surveillance Before Or After The IME?
It’s possible. Insurance companies sometimes conduct surveillance to see if your activity contradicts your reported injury. Be honest about your symptoms and avoid doing anything inconsistent with your restrictions, especially around the time of the IME.
### How Long After An IME Will I Receive A Decision?
The IME doctor typically submits a report within two weeks. After that, the insurance company may quickly decide whether to continue or stop your benefits. If your benefits are reduced or denied, you should speak with a lawyer immediately to protect your rights.
## Contact Our Milwaukee Worker’s Comp Lawyers For A Free Consultation
If your worker’s compensation claim has been scheduled for an IME—or you’ve already received an unfavorable report, we’re here to help. At Gillick, Wicht, Gillick & Graf, we understand how critical it is to protect your rights during every step of the claims process. We’ve been helping Wisconsin workers stand up to insurance companies for decades.
Contact our [Milwaukee worker’s compensation lawyers](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf by calling [414-257-2667](tel:14142572667) to [receive a free consultation](https://www.gillickwicht.com/Contact.shtml). Our main office is in Milwaukee, and we proudly represent injured workers in Janesville and throughout the entire state of Wisconsin.
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---
### [Worker's Comp Delay Tactics Used By Insurance Adjusters](https://www.gillickwicht.com/workers-comp-delay-tactics-used-by-insurance-adjusters/)
**Published:** November 7, 2022
**Author:** admin
**Content:**
Were you injured on the job? You may need to file a [Wisconsin worker’s compensation claim](https://dwd.wisconsin.gov/dwd/publications/wc/wkc-7580.htm) with your employer’s insurance company. Insurance adjusters serve their employer’s interests. Your needs and concerns are secondary.
If you need to file a worker’s comp claim, look for some of the insurance adjuster delay tactics highlighted below. In addition, Milwaukee worker’s comp lawyers [Gillick, Wicht, Gillick & Graf](https://www.gillickwicht.com/workers-compensation) know how to get the best settlement in these complex cases, so contact them if you have questions.
## Insisting on a Recorded Statement
A classic insurance adjustor delay tactic is to demand a recorded statement from you. It sounds reasonable. But recording your version of events is never used to benefit you. The insurance company wants to record your story to use it against you.
For instance, you might be recovering from a slip-and-fall accident in the warehouse. You may take pain medication and have a fuzzy memory of what happened. Or, you may underestimate the severity of your injuries. If you fail to provide all necessary information in the recorded statement, it can hold up the claim.
Leaving out critical details could cause the insurance company to question your injury. You are not required by the law to give a recorded statement. Therefore, it is always best to refuse to give a recorded statement.
## Wanting Information About Your Medical History
Many insurance companies use a pre-existing condition against you. A significant delay tactic is to continue asking for information about your medical history. It is not unreasonable to inquire about your previous medical conditions, but it can quickly turn into a delay tactic.
## Blaming You
Occasionally, the insurance company will blame the victim. For example, the insurer may say that you failed to provide a document, so the case is delayed.
Attorneys see many worker’s comp cases where the injured worker provided everything required. Still, the insurance company argued they did not receive all the required information. That is why keeping copies of all records submitted to the insurance company is essential.
## They Want More Information
A popular worker’s comp delay tactic is asking for more information about your injury and treatment. Before the claim is approved, the insurance company may continue to ask for more information. For example, they could ask for a doctor’s report one week, then a statement from your physical therapist two weeks later.
The truth is, the insurance adjuster knows from the start what they need to process your claim. It is a delay tactic if they ask for additional information over several weeks. Talk to an attorney right away.
## Prescription Delays
Sometimes the insurance company will not authorize every prescription you need to recover. For instance, they may approve your pain medication but delay the approval of your sleep medication. Even if the delay is only a few days, it is still a major hassle during your recovery.
## Worker’s Comp Check Delays
If you were hurt at work, you are probably not working and need treatment. If the insurance company delays your worker’s comp checks, it can be a huge problem.
## Not Authorizing Requests
Another stressful delay tactic is when the insurance company does not approve requests. Most physicians want the insurance company to pre-authorize a treatment before treating you. The doctor wants to ensure they will be paid for their services. The insurance company may take weeks to respond to your doctor’s request.
## Employer Delays
There is little doubt that insurance companies may try to delay your claim. However, delays in the claims process are not always the insurer’s fault. Sometimes, payments can be delayed because the employer fails to report the worksite injury on time. Common reasons for these delays are:
- Did not have the proper incident reporting procedures
- Handled the worker’s comp claim recklessly or negligently
- Did not submit the appropriate claim form
- Inadequate communication between managers
- Lost claim form
- Ignoring the worker’s comp claim
Companies are required under state law to give employees worker’s comp if they are hurt on the job. However, it is illegal if they intentionally impede your ability to submit a claim. The good news is an experienced worker’s comp attorney can help follow up on your claim. They will ensure the employer and insurance company are held to account if they fail to process a claim on time.
## Wisconsin ‘Bad Faith’ Worker’s Comp Penalties
Delaying tactics are common with insurance companies. After all, they stay in business by paying as little in claims as possible. But Wisconsin laws penalize the insurer if they engage in [‘bad faith’](https://www.wisbar.org/NewsPublications/InsideTrack/Pages/Article.aspx?Volume=10&Issue=12&ArticleID=26474) by unreasonably denying or delaying a claim.
Wisconsin law establishes two requirements to prove an insurance company’s bad faith:
- There was not a reasonable basis for denying the worker’s comp claim
- The insurance company was aware there was no reasonable basis for denying the claim
When the insurance company acts in bad faith, state law requires it to pay a fine of three times the amount due to the injured employee. This includes medical expenses and other benefits. Or, the insurer must pay $30,000 for each case of bad faith, whichever is less.
Wisconsin also has another penalty if the insurance company delays making a worker’s comp payment. The law establishes a 10% fine on unreasonably delayed worker’s comp payments. If you think your claim is being unfairly delayed or denied, talk to a Milwaukee worker’s comp attorney immediately.
## Contact The Best Milwaukee Worker’s Comp Lawyers
What if you got hurt on the job? How would you pay your mortgage and car payments? Yes, you can file a worker’s comp claim without a lawyer. But many injured employees get far less compensation when they do not have an attorney. You will receive the best compensation with a Milwaukee worker’s comp lawyer in your corner.
Our [Milwaukee worker’s comp lawyers](https://www.gillickwicht.com/workers-compensation) proudly represent injured workers in Waukesha, Milwaukee, Appleton, Brookfield, Fon du Lac, Green Bay, Kenosha, Madison, Manitowoc, Menomonee Falls, New Berlin, Oshkosh, and Wisconsin Rapids. [Contact Gillick, Wicht, Gillick & Graf](https://www.gillickwicht.com/Contact.shtml) today for a complimentary consultation: (414) 257-2667.
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**Categories:** Workers' Comp Lawyer
**Tags:** workers' comp
---
### [Things You Should Never Do When You Are Collecting Wisconsin Workers’ Compensation](https://www.gillickwicht.com/things-you-should-never-do-when-you-are-collecting-wisconsin-workers-compensation/)
**Published:** January 28, 2022
**Author:** admin
**Content:**
People probably envision a lot of things when they think about a workers’ compensation claim. They probably think about getting injured at work, going to doctors, being out of work while they recover. If they spend a little time pondering the matter, they probably think about filling out forms, dealing with the requirements of the workers’ compensation process, and maybe even about how long it will take before they get their first workers’ compensation payment check.
One thing they might not think about, though, is the kinds of things they absolutely should not do while they are collecting workers’ compensation payments. Perhaps they should because there are some actions that can easily and completely torpedo an individual’s workers’ compensation claim.
**In The** Workers’ **Compensation System, There Are Things You Have To Do, And Things You Should Avoid**
Obviously, there are things you have to do to collect workers’ compensation in Wisconsin or in any other state for that matter. These requirements are rooted in [Wisconsin workers’ compensation law](https://docs.legis.wisconsin.gov/2011/statutes/statutes/102.pdf). The obligations are present in every workers’ compensation claim. Violating these requirements is a good way to get your claim denied. These [requirements for Wisconsin workers’ compensation include](https://dwd.wisconsin.gov/wc/workers/):
- An obligation to tell your employer about your injury as soon as possible if you believe the injury or illness is work-related. If you do not immediately know or realize that your injury or illness is work-related, then you must notify your employer as quickly as possible once you know that your injury or illness is in fact work-related.
- A duty to submit to reasonable medical treatment. You can choose the medical provider, but you must submit to medical care to confirm your injury, verify that it is work-related, and receive appropriate treatment.
- A duty to undergo reasonable examinations that are requested by your employer’s insurer.
- A requirement is that you inform the physician who treats you for your injury how the injury occurred if you think the injury is a result of your job, and why you think that. If at all possible, you should give this information to your doctor before treatment starts.
**Other Requirements Under Workers’ Comp Law**
The law imposes a number of other requirements on you, as well, that apply either when you are injured or while you are collecting workers’ compensation. In general, however, the law does not include the things you should not do when you are collecting workers’ compensation. These are the kinds of things that might result in your workers’ compensation claim being denied or canceled.
In a lot of ways, the things you should never do are sort of the polar opposite of the things you should do, but not exactly. If you don’t do the things the law requires, you don’t get to collect workers’ compensation benefits. If you do the things you should never do once you are collecting workers’ compensation, you stand a good chance of losing those benefits, and possibly even having to pay back the benefits you did collect. So what are those taboo acts?
**Failing To Follow Your Doctor’s Advice**
Some are pretty easy to figure out. Failing to follow your doctor’s advice will make it possible to blame you for your failure to recover as expected. You also will get in trouble with the workers’ comp system if you don’t return to light-duty work when your doctor says you can. Conversely, you will get in trouble if you return to work, light-duty or otherwise before your doctor says you can. Basically, that means you better follow your doctor’s advice, no exceptions.
That also means don’t engage in activities that your doctor tells you that you should not. Beyond that, though, you should never, ever, do so publicly. If your doctor tells you that you are not ready for strenuous activity, then don’t go to the gym to work out. Yes, the gym is public. Similarly, don’t go to bars and party until closing time, dancing with everyone in sight. Don’t go boating with your friends, or rock climbing, or horseback riding, or anything else that seems like it might be something your doctor doesn’t think you’re ready to do, or that you wouldn’t be ready to do if you weren’t ready to go back to work.
Definitely, don’t take videos of yourself doing these things and then posting the videos online. Don’t even do these kinds of things where there is even a chance someone else might take a video of you and post it online. There is always a chance that someone else will take a video of you and post it online unless you are alone in your home, not doing the things your doctor says you shouldn’t be doing.
If you think no one will notice, think again. An insurance company is paying a lot of money for your medical care and for you to not go to work. They are absolutely going to check up on you, this is specifically true when it comes to your social media. Odds are fair someone from your employer’s insurer will be the one taking the videos.
**Other Obvious Things You Should Never Do**
- Don’t lie to your doctor, to your employer, or to your employer’s insurer about your injury, especially about how it happened.
- If your employer’s insurer talks to you about your accident or injury, do not allow them to record the interview. They will then have an exact record of what you said, and you won’t. No matter how well you think you remember what you said, in any subsequent testimony any differences in your story from the insurer’s recorded version of their interview with you will come back to haunt you.
- Don’t ever assume the workers’ comp adjuster has calculated your average weekly wage correctly.
- If you hire an attorney, don’t lie to your attorney.
- Never hire an attorney without checking them out, getting personal recommendations if possible.
**After Any Workplace Injury Talk To A Wisconsin Worker’s Compensation Attorney**
The dos and don’ts of workers’ compensation claims can get confusing. Sometimes, the worst thing you can do is not hire an attorney to help you through the process. If you have been injured at work or suffered an illness caused by your employment, you need to be sure that you are getting the help you need. This is especially so if your claim is being challenged. Whether that is because of your behavior after you start collecting workers’ compensation or for any other reason.
If you need help with your claim, talk to the [Wisconsin workers’ compensation attorneys](https://www.gillickwicht.com/workers-compensation) of Gillick, Wicht, Gillick & Graf. They have the experience and are ready to fight for you, regardless of where you are in Wisconsin. The Gillick attorneys will evaluate your case at no charge, with no obligation to you. Gillick [attorneys represent injured employees everywhere in Wisconsin](https://www.gillickwicht.com/Contact.shtml) from our Milwaukee offices.
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**Categories:** Workers Compensation Attorneys
**Tags:** worker's compensation
---
### [Can You Sue for a Workplace Slip and Fall Accident in Wisconsin?](https://www.gillickwicht.com/can-you-sue-for-a-workplace-slip-and-fall-accident-in-wisconsin/)
**Published:** December 12, 2019
**Author:** admin
**Content:**
Slips, trips, and falls are among the most common types of workplace accidents. According to data from the [Occupational Safety and Health Administration (OSHA),](https://www.osha.gov/sites/default/files/2018-12/fy07_sh-16625-07_slipstripsfalls.ppt) nearly 25 percent of all workplace injury claims involved a slip, trip, or fall. If you were hurt in a workplace fall accident in Wisconsin, you may be wondering: Can I file a personal injury lawsuit for a slip and fall on the job?
Generally, the answer is you must bring a workers’ comp claim instead of a personal injury claim — however, there are some important exceptions. Here, our [Milwaukee workers’ comp attorneys](https://www.gillickwicht.com/workers-compensation "Milwaukee workers’ compensation attorneys") explain what you need to know about recovering compensation for a workplace slip and fall accident.
**Workers’ Comp is an Exclusive Remedy Against Your Employer**
Under Wisconsin law, all employees are protected by the state’s no-fault workers’ comp insurance system. If you were injured in a slip and fall accident on the job in Wisconsin, you have a right to recover financial support for your medical bills and lost wages through a workers’ compensation claim.
You are not required to prove your employer was at fault for your slip and fall accident to be eligible to get access to this compensation. You must merely establish your injuries occurred in the course and scope of your employment.
Because workers’ compensation is an exclusive remedy, injured workers are generally not able to file a personal injury lawsuit directly against their employer. Instead, they should pursue compensation for slip, trip, and fall injuries through workers’ comp.
**The Exception: You May Have a Third-Party Liability Claim**
Although you are generally prevented from suing your employer for a workplace injury, you may still be able to bring a personal injury lawsuit against another negligent party. Workers’ comp is only an exclusive remedy as it pertains to your employer. If you were hurt in a slip and fall accident that occurred on the job because of the negligence of any other party, you may be able to file a personal injury lawsuit.
As an example, imagine a delivery driver is rear-ended and injured in a car accident while working. If the driver of the other vehicle was at fault, the delivery driver may have a claim against that driver and their insurance carrier. To be clear, the delivery driver would also still have the right to pursue a workers’ comp claim. In this type of scenario, it is imperative the injured workers consult with a lawyer who will help them explore all available options in order to maximize their compensation.
**Call Our Milwaukee, WI Workers’ Comp Lawyers Today**
At Gillick, Wicht, Gillick & Graf, our Wisconsin work injury attorneys have the skills and experience needed to handle workplace slip and fall accident claims. If you were hurt in a slip, trip, or fall accident while on the job, we are here to help. For a free case assessment, please [contact our law firm](https://www.gillickwicht.com/Contact.shtml) now. We represent injured employees in Milwaukee and throughout Wisconsin.
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**Categories:** Workers’ Compensation Lawyer
**Tags:** workplace slip and fall
---
### [Will Workers' Compensation Cover a Slip and Fall in a Parking Lot at Work?](https://www.gillickwicht.com/will-workers-compensation-cover-a-slip-and-fall-in-a-parking-lot-at-work/)
**Published:** November 6, 2019
**Author:** admin
**Content:**
Slip and fall accidents are among the leading causes of serious injuries in the United States. The [National Floor Safety Institute](https://nfsi.org/nfsi-research/quick-facts/) reports that more than 1.1 million people seek emergency medical treatment for slip and fall accident injuries every year. Parking lots are high risk areas for slip and falls—particularly in areas like Wisconsin, where winter weather conditions can make outdoor parking lots especially hazardous. This raises an important question: If you are hurt in a workplace parking lot slip and fall accident, can you still recover [workers’ compensation benefits](https://www.gillickwicht.com/workers-compensation "Workers’ Compensation Benefits")?
**Many Parking Lot Slip and Falls are Covered by Wisconsin Workers’ Compensation**
A slip and fall accident that occurred in a workplace parking lot may be covered by workers’ compensation—although there are some complicating factors. As a rule, workers’ comp does not cover injuries that happened before an employee clocked in or after an employee already clocked out.
Parking lot accidents are often an exception. One of the key questions needed to be answered is: Where is the parking lot? If the slip and fall accident took place in the employer’s designated parking lot or in a parking lot that was in the immediate vicinity of the employer’s premises, then Wisconsin law considers that accident to have occurred in the course of employment ([Wis. Stat. § 102.03(1)(c)2](http://docs.legis.wisconsin.gov/statutes/statutes/102/03)). As such, workers’ comp coverage would apply.
**Workplace Parking Lot Injuries are Complicated—A Lawyer Can Help**
For injured workers, parking lot accident claims, including parking lot slip and falls, can be confusing. In far too many cases, these types of workers’ comp claims are unfairly denied. Do not assume you are ineligible for workers’ comp simply because your injury occurred in the parking lot. A lawyer can help. Among other things, our Milwaukee, WI workers’ compensation attorneys are prepared to:
- Conduct a free, in-depth review of your parking lot injury claim;
- Answer your questions and explain your legal rights under Wisconsin law;
- Investigate the parking lot injuries—securing all relevant evidence; and
- Help you explore the available options for financial recovery, potentially including bringing a workers’ compensation claim, filing a personal injury lawsuit, or both.
Injured workers deserve fully personalized legal representation. At Gillick, Wicht, Gillick & Graf, we are the Injured Worker’s Law™ Firm. Our Milwaukee workers’ comp lawyers will protect your rights and help you maximize your work injury benefits.
**Were You Injured in a Slip and Fall at Work?**
We can help. At Gillick, Wicht, Gillick & Graf, our Wisconsin workers’ compensation lawyers are strong, successful advocates for injured workers. If you or your loved one was injured in a parking lot slip and fall accident, we can help. To set up a free review of your work injury claim, please [contact us](https://www.gillickwicht.com/Contact.shtml) today. From our law offices in Milwaukee, we represent injured workers throughout Southern Wisconsin, including in West Allis, Waukesha, Oak Creek and Menomonee Falls.
admin
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**Categories:** Workers’ Compensation Lawyer
---
### [How To Find An Experienced Worker's Comp Attorney Near Me](https://www.gillickwicht.com/how-to-find-an-experienced-workers-comp-attorney-near-me/)
**Published:** June 18, 2024
**Author:** admin
**Content:**
Worker’s compensation is a system of insurance that provides benefits to employees who suffer job-related injuries or illnesses. This system, which is designed to cover medical expenses, rehabilitation costs, and lost wages associated with the injury or illness without the need for the employee to prove fault on the part of the employer, is a crucial aspect of employment law that every worker should understand to protect their rights and well-being.
In Wisconsin, worker’s compensation is governed by Chapter 102 of the Wisconsin Statutes, often referred to as the “[Worker’s Compensation Act](https://dwd.wisconsin.gov/dwd/publications/wc/wkc-1-p.pdf).” The statute defines worker’s compensation and sets out the rights and obligations of both employers and employees regarding workplace injuries.
According to Chapter 102, worker’s compensation insurance is mandatory for most employers, and it provides compensation to employees for injuries that occur in the course of employment, regardless of fault. This insurance is intended to ensure that employees receive prompt and proper medical treatment and financial compensation while also protecting employers from lawsuits related to workplace injuries.
The law’s specific provisions cover various aspects of worker’s compensation, including eligibility, benefits, the process for claiming compensation, dispute resolution, and penalties for non-compliance. The [Wisconsin Department of Workforce Development (DWD)](https://dwd.wisconsin.gov/) is responsible for administering the worker’s compensation program and ensuring compliance with the law.
When workers are injured on the job, obtaining fair compensation is not only crucial for their recovery but also for their financial stability. The process of claiming worker’s compensation can be complex and fraught with challenges that typically require legal acumen beyond the layperson’s knowledge.
Attorneys who limit their practice to worker’s compensation law understand how to manage these cases effectively, ensuring that injured workers receive the benefits they deserve. The assistance of one of our seasoned attorneys can provide a sense of reassurance and confidence, making the difference between a smoothly handled claim and one mired in procedural complications.
## Assessing Your Needs: Understanding Your Specific Worker’s Compensation Claim
Understanding the unique nature of your worker’s compensation claim, influenced by the specifics of the injury, employment situation, and the applicable state laws, is crucial. This understanding not only guides you in seeking out the most suitable attorney but also helps in articulating your situation clearly to potential legal representatives.
Different attorneys might approach the same case in varying manners. Some may be more aggressive, while others might prefer negotiation and settlement. It is essential for individuals to reflect on what they value most in their legal representation—whether it is speed, thoroughness, particular experience in certain types of injuries, or any other criteria. Identifying these priorities early in the search for an attorney can significantly streamline the selection process and ensure that the individual feels respected and in control of their decision-making process.
## How To Find An Experienced Worker’s Compensation Lawyer Near Me
The internet offers a wealth of resources for finding and Googling the phrase “worker’s comp lawyers near me.” Legal directories, law firm websites, and state bar associations provide extensive information about attorneys’ backgrounds, areas of practice, and sometimes even reviews and ratings. Utilizing these platforms can help individuals create an initial list of potential lawyers who appear well-suited to handle their cases.
Online reviews and testimonials can offer insights into the experiences of past clients. These platforms can highlight an attorney’s strengths and weaknesses, as perceived by those who have directly interacted with them in professional settings. While reviews should not be the sole criterion for decision-making, they can provide valuable perspectives.
Personal recommendations from friends, family, or colleagues who have gone through similar experiences can be incredibly valuable. They can provide you with firsthand insights into an attorney’s capabilities and demeanor.
Legal professionals often have networks that extend into various fields of law. A recommendation from a lawyer in another field can lead to discovering an attorney with a proven track record in worker’s compensation.
## Evaluating Attorney Credentials and Experience
A lawyer’s website and biography are often reflective of their professional identity and focus. Individuals should look for details about the attorney’s experience in worker’s compensation and their experience in handling similar cases. Also, it’s important to verify how much of the attorney’s practice is devoted to worker’s compensation. This can typically be gleaned from their biography or by directly contacting their office.
Membership in legal associations related to worker’s compensation can indicate an attorney’s commitment to staying current in this field of law. These memberships can also reflect a level of respect within the professional community.
## Preparing Questions to Ask During the Consultation
Asking about the attorney’s experience with similar cases can provide insights into their suitability for your case. Understanding their track record in achieving favorable outcomes is essential.
It is essential to understand how the attorney communicates with clients and involves them in the decision-making process. Knowing whether the attorney is accessible to answer questions or how they handle client communications can affect your decision.
Discussing the attorney’s proposed strategy for handling your case can provide clarity on what to expect moving forward and how they plan to pursue your claims.
## Assessing Compatibility and Comfort Level
The effectiveness of an attorney-client relationship often hinges on communication. Assessing how an attorney communicates during the initial consultation can offer insights into their responsiveness and attention to detail.
The personal rapport between an attorney and their client can significantly impact the case’s progression. Individuals must consider how comfortable they feel with an attorney, as this can influence their ability to work together effectively.
A competent attorney should not only be skilled in law but also adept at understanding and addressing the client’s concerns. This ability can often be gauged during initial consultations through the attorney’s responses to your queries and their general demeanor.
## Contact Our Janesville Worker’s Comp Lawyer
Filing a Wisconsin worker’s compensation claim is complex and overwhelming, especially when you face denials or disputes during a vulnerable time of injury. It’s crucial to have the right legal support to address these challenges effectively. At Gillick, Wicht, Gillick & Graf, we bring a deep understanding of Wisconsin’s comprehensive worker’s compensation laws and regulations to the table.
Our team of committed attorneys at Gillick, Wicht, Gillick & Graf is dedicated to championing the rights of injured workers, ensuring they achieve the compensation they justly deserve. We stand ready to guide you through each step of your claim, tackling any obstacles that may arise.
Don’t navigate this process alone. Contact us today at [414-257-2667](tel:14142572667) for a [free consultation](https://www.gillickwicht.com/Contact.shtml) with a [Janesville worker’s comp lawyer](https://www.gillickwicht.com/about/janesville-workers-compensation-attorney.shtml). Let us take the lead in securing your benefits and protecting your rights throughout your worker’s compensation claim.
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**Categories:** Worker’s Comp Lawyer
---
### [Common Misconceptions About Worker's Compensation in Wisconsin](https://www.gillickwicht.com/common-misconceptions-about-workers-compensation-in-wisconsin/)
**Published:** March 4, 2024
**Author:** admin
**Content:**
Understanding worker’s compensation can be challenging, especially with so much misinformation on the Internet. At Gillick, Wicht, Gillick & Graf, our Milwaukee worker’s compensation lawyers are here to clarify things and ensure you’re well-informed and protected in Wisconsin. Here are some common misconceptions many workers have about filing a worker’s compensation claim in Wisconsin:
### Misconception 1: Small Injuries Don’t Qualify for Worker’s Compensation
Many employees believe minor injuries like sprains or small cuts do not qualify for worker’s compensation. However, Wisconsin law does not differentiate between minor and major injuries in its [worker’s compensation statutes](https://dwd.wisconsin.gov/dwd/publications/wc/wkc-13328-p.htm). If an injury occurs during employment and requires medical attention or results in lost work time, it may qualify for compensation, regardless of its severity.
### Misconception 2: You Must Be a Full-Time Employee to Receive Benefits
This is another widespread misconception. Worker’s compensation in Wisconsin covers most employees under certain conditions, including part-time, seasonal, and even some volunteers. The critical factor is not the number of hours worked but whether the injury is work-related.
### Misconception 3: You Can Only File a Claim If the Accident Was Your Employer’s Fault
Worker’s compensation operates under a no-fault system in Wisconsin. This means that [employees are generally entitled to benefits](https://dwd.wisconsin.gov/dwd/publications/wc/wkc-13330-p.htm) regardless of who was at fault for their injury. This system simplifies the process, allowing for quicker access to benefits without the need for lengthy legal battles over liability.
### Misconception 4: Filing for Worker’s Compensation Will Lead to Job Loss
Some employees hesitate to file a claim for fear of retaliation or job loss. Wisconsin law, however, [prohibits employers from discriminating against employees](https://dwd.wisconsin.gov/er/laws.htm) for exercising their rights under the worker’s compensation system. If you believe you have been unfairly treated after filing a claim, it’s crucial to consult with Milwaukee worker’s compensation lawyers to understand your rights and protections.
### Misconception 5: You Don’t Need a Lawyer for Worker’s Compensation Claims
While it’s true that not every worker’s compensation claim requires legal representation, navigating the complexities of the system and ensuring fair treatment can be challenging without professional guidance. An experienced lawyer can help you understand the intricacies of your case, represent your interests, and maximize your benefits.
### Misconception 6: Worker’s Compensation Only Covers Medical Bills
A common misunderstanding is that worker’s compensation benefits in Wisconsin are limited to covering medical expenses. In reality, [the system provides a broader range of benefits](https://dwd.wisconsin.gov/wc/workers/), including compensation for lost wages, rehabilitation costs, and, in some cases, benefits for permanent disability. Understanding the full scope of benefits can ensure that employees do not settle for less than they are entitled to.
### Misconception 7: Independent Contractors Cannot Receive Worker’s Compensation
While it’s generally true that independent contractors are not eligible for worker’s compensation benefits under their client’s policies, there are exceptions and nuances in the law. For example, if an independent contractor is working in a capacity indistinguishable from an employee’s, they may be entitled to benefits. The distinction between an independent contractor and an employee can be complex, highlighting the importance of legal advice in such situations.
### Misconception 8: You Can File a Worker’s Compensation Claim at Any Time
Timeliness is crucial in worker’s compensation cases. Wisconsin law sets specific deadlines for notifying your employer about an injury and for filing a claim. Adherence to these timelines can ensure your ability to receive benefits. It’s essential to act promptly and be aware of the deadlines to ensure your rights are protected.
### Misconception 9: If You Return to Work, You Lose All Benefits
Some employees believe that returning to work in any capacity immediately disqualifies them from further worker’s compensation benefits. This is not always the case. You may still be eligible for partial benefits if you return to work at a reduced capacity or lower earnings due to your injury. The system aims to support your recovery and reintegration into the workforce, not penalize you for making progress.
### Misconception 10: Worker’s Compensation is Your Only Recourse
While worker’s compensation is a primary source of benefits for work-related injuries, it may not be the only one. In certain circumstances, such as when a third party’s negligence contributed to the injury, you might have grounds for a separate legal claim outside the worker’s compensation system. Exploring all potential avenues for compensation is crucial to ensure you are fully supported during your recovery.
### Misconception 11: Pre-Existing Conditions Automatically Disqualify You From Benefits
A prevalent misconception is that workers with pre-existing conditions are ineligible for worker’s compensation benefits if injured on the job. In Wisconsin, the critical factor is whether the work-related activity exacerbates or accelerates the pre-existing condition. If an employee’s work aggravates a pre-existing issue, leading to a need for treatment or time off, they may still qualify for benefits. This nuanced understanding ensures that workers are not unjustly denied the support they need.
### Misconception 12: Mental Health Issues Are Not Covered
The evolving recognition of mental health in the workplace has led to changes in worker’s compensation laws. In Wisconsin, psychological or psychiatric conditions resulting from work-related stress or events can be compensable under certain circumstances. This includes conditions such as PTSD or severe anxiety triggered by a traumatic work event. It’s essential to acknowledge the importance of mental health and understand the potential for compensation in these cases.
### Misconception 13: Worker’s Compensation Covers Only Injuries, Not Illnesses
Another common misunderstanding is the belief that worker’s compensation is limited to physical injuries. However, occupational diseases and illnesses that develop over time due to work conditions or exposures are also covered under Wisconsin’s worker’s compensation laws. This includes conditions like repetitive stress injuries, lung diseases from inhaling hazardous materials, or other work-related health issues that manifest over time.
### Misconception 14: Filing a Worker’s Compensation Claim is the Same as Suing Your Employer
Some employees hesitate to pursue worker’s compensation benefits due to a misunderstanding that the process involves filing a lawsuit against their employer. It’s important to distinguish that filing a worker’s compensation claim is different from filing a lawsuit. Worker’s compensation is an insurance system designed to provide benefits without the need to prove fault or negligence, thereby avoiding the adversarial nature of a lawsuit.
### Misconception 15: You Must See a Company-Appointed Doctor for Your Injuries
While employers may have preferred medical providers, Wisconsin law allows injured workers a choice in their medical care for work-related injuries. Workers must understand their rights regarding medical treatment to ensure they receive appropriate care from a provider they trust.
### A Final Word About the Most Common Misconceptions About Wisconsin’s Worker’s Compensation Claims
By addressing these additional misconceptions, we aim to further empower Wisconsin workers with the knowledge needed to navigate the complexities of the worker’s compensation system. Gillick Wicht, Gillick & Graf’s team of Milwaukee worker’s compensation lawyers is dedicated to providing the necessary guidance and support to ensure that workers are adequately informed and can pursue the benefits they deserve. We aim to ensure that every worker is fully informed and empowered to pursue the benefits they deserve in the face of workplace injuries.
## Call Our Milwaukee Worker’s Compensation Lawyers Now
If you or someone close to you has experienced a workplace injury qualifying for Wisconsin workers’ compensation, understanding the necessary steps to protect your legal rights is crucial. The skilled legal team at Gillick, Wicht, Gillick & Graf is prepared to manage your workers’ compensation claim effectively. Reach out to our committed workers’ compensation attorneys in Milwaukee at [414-257-2667](tel:14142572667) to [receive your free consultation](https://www.gillickwicht.com/Contact.shtml).
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**Categories:** Worker’s Compensation Lawyer
---
### [Repetitive Use Injuries](https://www.gillickwicht.com/repetitive-use-injuries/)
**Published:** July 24, 2018
**Author:** admin
**Content:**
Gillick, Wicht, Gillick & Graf was recently asked to speak to a large group of people who had been laid off when a manufacturing plant closed. We talked to the group, and then we sat down with each of the individuals in the group. What we found out really surprised us. A great many of the workers had serious conditions for which they had not made claims. When we asked why, they typically said, “I didn’t have a specific injury. It just happened over time.” Most of them had worked at the plant for many years, and they had done things like lifting, kneeling, climbing, all kinds of repetitive, stressful work, but they were all under the impression that you can’t make a claim for worker’s compensation unless you sustain a specific injury.
Wrong! In Wisconsin, a condition is work-related not only if it happens because of a specific injury, but also if the work you do over a period of time contributes to that condition. The most obvious example is occupational hearing loss. That doesn’t happen at one moment. You lose hearing over a period of years of exposure to noise. The same thing is true of knee problems and back problems and shoulder problems. It is also true of lung problems and heart problems and other disease processes.
Under the law of Wisconsin, if your work contributes to the development or progression of a physical problem, the condition is work-related and must be paid for by the [worker’s compensation](https://www.gillickwicht.com/workers-compensation "Worker’s Compensation Attorney") insurance company. Under Wisconsin law, work doesn’t have to be the only cause or even the main cause. If the [repetitive work](https://www.gillickwicht.com/workers-compensation/can-i-be-compensated-for-repetitive-stress-injuries.shtml "Repetitive Work Compensation") is one of the contributing factors, the whole thing is work-related.
So, if you have a condition like that, talk to us. We’ll analyze it for you free of charge. Call us today at 414-257-2667.
admin
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**Categories:** Workers' Compensation
---
### [Hurt by a Machine at Work – Can I Pursue Both Workers’ Compensation Benefits and a Product Liability Case?](https://www.gillickwicht.com/hurt-by-a-machine-at-work-can-i-pursue-both-workers-compensation-benefits-and-a-product-liability-case)
**Published:** June 12, 2019
**Author:** admin
**Content:**
Many people in Wisconsin use machinery on the job. Unfortunately, serious accidents sometimes happen. If a workplace accident occurs because of defective equipment or machines, manufacturers must be held responsible.
If you or your loved one was hurt in a machinery accident, it is essential you call an experienced [Milwaukee workers’ compensation lawyer](https://www.gillickwicht.com/Workers-Compensation) as soon as possible. You have the right to file both a workers’ compensation claim and a product liability lawsuit. Your lawyer will make sure you take the proper steps to recover full financial benefits.
**You Have the Right to Bring Both Claims**
Workers’ compensation claims and product liability lawsuits are two separate legal cases. They are filed in different ways, they are brought against different parties and they are subject to different legal standards. Filing one type of claim will not prevent you from filing the other. When appropriate, an injured employee can obtain workers’ compensation benefits and file a product liability case against a negligent manufacturer.
**Workers’ Compensation Is a No-Fault Claim**
Wisconsin has a no-fault workers’ compensation insurance system. This means injured workers can recover medical benefits and wage loss compensation without proving their employer, or any other party, was responsible for causing their injury.
If you were injured in a machinery accident while on the job, you should receive workers’ compensation benefits. While workers’ compensation is generally your exclusive remedy against your employer, you still have the right to bring a concurrent legal claim against any negligent third party, including a machine manufacture.
**Negligent Manufacturers Must Be Held Accountable Through a Product Liability Claim**
Under Wisconsin law [Wis. Stat. § 895.047](https://docs.legis.wisconsin.gov/statutes/statutes/895/I/047)), negligent manufacturers can be held financially responsible for an injured worker’s damages through a product liability lawsuit. Unlike workers’ compensation claims, product liability lawsuits are fault-based legal cases. While you can typically obtain workers’ compensation benefits after a machinery accident regardless of how it occurred, you will only be able to recover additional compensation through a product liability lawsuit if you can prove the machinery was, in some manner, dangerous and defective.
While product liability lawsuits and workers’ compensation claims are distinct legal cases, they will have an impact on each other. Specifically, assuming your product liability lawsuit is successful, there will likely be some offset in your workers’ compensation benefits. As this is a complicated issue, it is crucial workers injured by defective machines seek support from a workers’ compensation lawyer who has experience handling product liability claims.
**Speak to Our Milwaukee Workers’ Compensation Lawyers Right Away**
At Gillick, Wicht, Gillick & Graf, we are proud to be The Injured Worker’s Law Firm. Our Wisconsin workers’ compensation attorneys are committed to providing effective and attentive legal representation to our clients. If you were hurt by a machine at work, please [contact our legal team](https://www.gillickwicht.com/Contact.shtml) at (415) 257-2667 for a free consultation. With a law office in Milwaukee, we serve communities throughout the region.
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**Categories:** Workers’ Compensation Lawyer
---
### [What You Don't Know Will Hurt You](https://www.gillickwicht.com/what-you-dont-know-will-hurt-you/)
**Published:** May 1, 2018
**Author:** admin
**Content:**
When you are injured on the job, you have several items that should be paid to you. You have the right to choose your own doctor and to take the treatment that your doctor recommends. You have the right to two-thirds of your wages, up to a certain maximum. You have the right to be paid 51 cents per mile for travel for medical care. You have the right to payment for permanent disability. You have the right to be paid to be retrained if your permanent disability causes you to lose your job. You have the right to be paid for loss of earning capacity if your permanent disability causes you loss of job and income.
There are several other kinds of payments you should receive depending on the kind of work injury you have. Many times, however, [injured workers](https://www.gillickwicht.com/workers-compensation "Workers’ Compensation Attorney") are not paid these things, or they are not paid enough. Why? Because no one tells them what their rights are. So, when you are injured at work, here is rule number one:
**CALL GILLICK, WICHT, GILLICK & GRAF – 1-414-257-2667!!**
Why should you call us? Several reasons. First, our law firm has concentrated exclusively on representing injured workers for more than seventy years. Second, each one our lawyers has handled thousands of workers compensation cases and each one of them has extensive knowledge of what benefits you should get and how to get those benefits. Third, our lawyers do not charge anything for evaluating cases. The only time our lawyers charge a fee is if we actually get you money, and then the fee is limited to 20% of the money you have coming.
What you don’t know will hurt you if you are injured at work. You deserve to know your rights. You need to know your rights. Call us and we will let you know.
admin
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**Categories:** Workers' Compensation
---
### [What is My Workers' Compensation Claim Worth?](https://www.gillickwicht.com/what-is-my-workers-compensation-claim-worth/)
**Published:** July 12, 2019
**Author:** admin
**Content:**
Every employee deserves safe, fair conditions in the workplace. Unfortunately, job-related injuries remain a serious problem in Wisconsin. The [United States Bureau of Labor Statistics (BLS)](http://www.slh.wisc.edu/occupational/bls/) reports there were 82,400 workplace injuries reported in the state in 2017. Following an accident, injured workers need professional medical care and full workers’ compensation benefits.
The Wisconsin workers’ compensation law provides important protections to injured employees — including access to medical and financial benefits. You may be wondering how much you can receive through a workers’ compensation claim. In this article, our [Milwaukee workers’ compensation lawyers](https://www.gillickwicht.com/workers-compensation "Milwaukee Workers’ Compensation Lawyers") explain how work injury benefits are calculated in Wisconsin.
**What Benefits are Available Through Workers’ Compensation in Wisconsin**
Many injured workers want to know: How much is my Wisconsin workers’ compensation claim worth? It is a complicated question. There are many different factors that impact the value of your claim. For this reason, it is crucial all work injury claims are assessed on a case-by-case basis. Your workers’ compensation award should account for the following:
- Medical Coverage: As a starting point, injured workers in Wisconsin are entitled to full medical coverage under the state’s workers’ compensation system. Under the law, all medical expenses that are “*reasonable and necessary*” should be covered. Of course, disputes can and do arise regarding what exactly constitutes a reasonable or needed medical care.
- Lack of sufficient medical documentation or vocational evidence;
- Temporary Disability Benefits: Next, injured Wisconsin workers are entitled to wage loss benefits. You should be paid two thirds of your average weekly wage for each day you were forced to miss on the job, assuming you miss more than three days total. Though, wage loss benefits are subject to a statutory cap. As of 2018, the maximum benefit was $994 per week.
- Other Economic Expenses: In addition to medical benefits and wage loss benefits, injured workers also may be eligible to recover financial compensation for other economic expenses that are related to their injury. As an example, workers’ compensation covers reimbursement for mileage to and from a medical appointment.
- Permanent Disability Benefits: Finally, injured workers who suffered permanent disfigurement or a permanent impairment are entitled to additional compensation for that loss. The extent of this compensation will depend entirely on the nature of the injury. Certain injuries are ‘scheduled’ — meaning benefits are set regardless of your ability to return to work. As an example, the amputation of a hand is compensated at 400 weeks of the state’s pre-set weekly rate.
If you were injured on the job, you deserve the maximum available workers’ compensation benefits. Unfortunately, many claims are wrongfully denied or underpaid. The more serious the injury, the more you can benefit from working with an experienced work injury attorney.
**Contact Our Milwaukee, WI Workers’ Compensation Attorneys Today**
At Gillick, Wicht, Gillick & Graf, our Wisconsin workers’ compensation lawyers fight aggressively to protect the rights of injured workers. If you or your loved one was hurt on the job, we are here to help. To get a free review of your workers’ comp claim, please [contact our law firm team](https://www.gillickwicht.com/Contact.shtml) at (414) 257-2667. With an office in Milwaukee, we represent injured workers throughout Wisconsin.
admin
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**Categories:** Workers' Compensation
---
### [What Should You Know About Permanent Disability In Wisconsin? ](https://www.gillickwicht.com/what-should-you-know-about-permanent-disability-in-wisconsin/)
**Published:** December 12, 2023
**Author:** admin
**Content:**
If you were hurt on the job in Wisconsin, you are usually entitled to workers’ compensation benefits. If the injury is permanent, it is vital to understand the law so your interests are protected. Find out below about permanent disability in Wisconsin, then contact our[ Wisconsin workers’ comp lawyers](https://www.gillickwicht.com/workers-compensation) for a consultation. We will review your case for free and take the claim as far as needed to maximize your benefits.
## What Is A Permanent Total Disability?
It is important to note that a ‘[permanent total disability’](https://dwd.wisconsin.gov/dwd/publications/wc/wkc-7761-p.htm#:~:text=A%20patient%20is%20'permanently%20disabled,is%20a%20purely%20medical%20condition.) is not a completely medical condition. Employees have a permanent total disability when their actual or presumed ability to engage in gainful activity is absent because of the injury. Also, there is no possibility of a fundamental or marked change in the condition in the future.
### When Are You Entitled To Permanent Total Disability Benefits?
You may receive permanent total disability benefits in Wisconsin if your injury or illness prevents you from doing any kind of work. Specific severe injuries, such as the loss of both arms, legs, or eyes, are assumed to be permanent disabilities. Other serious injuries may qualify you for benefits, as well. You should speak to a workers’ comp attorney in Wisconsin if you have questions about your injury being considered permanent or temporary.
### How Permanent Partial Disability Benefits Are Calculated In Wisconsin
It is an unfortunate fact that some work-related injuries have permanent consequences. If your disability is not total, you can still receive compensation. Permenant Partial Disability can be assessed if you have permanent functional impairment as a result of the work injury. If you have a[ permanent partial disability](https://www.gillickwicht.com/how-workers-compensation-benefits-are-calculated) from your injury, you will be given a disability rating and receive financial compensation for your losses. To obtain permanent partial disability benefits, you must have gotten to maximum medical improvement (MMI). MMI means when your injury has stabilized, there will probably be no further improvement.
If you have a permanent partial disability, the workers’ comp disability schedule assigns a certain number of weeks of workers’ comp for various injuries. If your claim is accepted, workers’ comp will cover your medical costs and lost earnings.
The number of weeks you receive depends on the type of injury. For instance, if you have a severe knee injury and your doctor says you have a permanent partial disability of 20%, you would get 20% of the benefit for a full, permanent disability. In 2021, the full benefit was 425 weeks of payments at a maximum of $362. So, in this example, you would get 85 weeks of payments at $362 per week.
However, permanent partial disability payments are not provided in a lump sum, and they are not paid out weekly. Instead, you would receive $1,588 monthly until you have been paid the full scheduled amount. With the knee injury outlined here, the total benefit for a permanent partial disability would be $30,700. You would get $1,568 for 21 months and a smaller payment in the last month.
Permanent disability benefit calculations are complex, so you should speak to our Wisconsin workers’ comp lawyers for a detailed analysis of what you could receive. If the disability rating assigned is too low, you may not get the full benefits to which you are entitled.
## Common Workers’ Compensation Myths In Wisconsin
Workers’ compensation law is complicated, and many myths proliferate online. That is why it is so vital to speak to a qualified workers’ compensation attorney in Wisconsin. They will explain your rights based on your injury and circumstances. Common myths to be aware of are:
### Workers’ Comp Always Covers You If You Cannot Work Because Of An Injury
The reality is that workers’ comp in Wisconsin only covers your injury if it happened during employment and if you are an eligible employee under Wisconsin workers’ compensation laws. On the other hand, Social Security disability covers an injured worker regardless of how or where they were hurt.
### You Have To Be Doing Your Job When Injured To Receive Benefits
The injury must indeed be during employment. But this does not mean you have to be doing your job when you are hurt. For example, if you were injured by falling down the steps in the office, you would still get benefits, even though you were not technically working then. You also can get workers’ compensation for slipping in the office bathroom or suffering injuries in almost any other type of situation on company property.
### Your Company Can Order You To See The Company Doctor
Wisconsin law says an injured worker can choose their treating doctor when hurt at work. According to the [Wisconsin Department of Workforce Development](https://dwd.wisconsin.gov/), the injured worker can choose their first and second doctor as long as they are licensed to practice and practice in the state. If your company tries to force you to see a specific doctor, talk to an attorney right away.
### You Will Always Get Benefits If Hurt On The Job
In most cases, you should get workers’ compensation if you are hurt at work, but benefits are not automatic. To ensure you receive your benefits, you need to report the injury promptly and make sure your treating physician accepts workers’ compensation insurance. It also is advisable to work with a workers’ compensation lawyer throughout the process to ensure you maximize your compensation. Your attorney is only paid at the end of the case from your award. So, there are no out-of-pocket legal expenses.
### You Cannot Receive Workers’ Compensation If You Can Still Work
You do not have to be entirely out of work to get workers’ compensation benefits. If you have a work-related injury, you should at least receive medical benefits to pay for treatment. If you can only work in a limited capacity, you could receive partial disability payments.
## Speak To Our Wisconsin Workers’ Comp Lawyers Today
Do you have a permanent injury from a job-related accident? Being unable to work and provide for your family can be economically and personally devastating. You must speak to our Wisconsin workers’ comp lawyers at [Gillick, Wicht, Gillick & Graf](https://www.gillickwicht.com/Contact.shtml) today by calling (414) 257-2667. Our attorneys understand your situation and will guide you through the workers’ compensation process in Wisconsin.
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**Tags:** workers' comp
---
### [What Are Qualifications To Receive Workers' Comp In Wisconsin?](https://www.gillickwicht.com/what-are-qualifications-to-receive-workers-comp-in-wisconsin/)
**Published:** November 28, 2023
**Author:** admin
**Content:**
Were you hurt at work in Wisconsin? Most Wisconsin employers must offer workers’ compensation for injured workers’ medical expenses and lost earnings. If you were hurt or suffered an occupational illness and want to receive benefits, you should understand what the qualifications are, which are mentioned below.
Also, consider speaking to one of our [Wisconsin workers’ compensation attorneys](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf to increase your chances of a successful claim. If your benefits request was denied, do not give up hope: Our attorneys can file an appeal and fight for the most compensation.
## You Are An Employee Of An Employer With 3+ Workers
According to [Wisconsin’s workers’ compensation law](https://dwd.wisconsin.gov/dwd/publications/wc/WKC-7580.htm#whois), all employees who work for an employer who employs at least three workers shall qualify for workers’ compensation benefits. This means that most workers in the state are covered, including public and private workers. The only employees who are not covered by the workers’ compensation law in Wisconsin are:
- Volunteers
- Domestic servants
- Anyone whose employment is not in the profession, occupation, business, or trade of the employer
- Certain farm workers
- Religious sect members
- Workers employed by some Native American tribal enterprises
If you have questions about whether you qualify for workers’ comp, call one of our Wisconsin workers’ compensation attorneys today at (414) 257-2667.
## You Suffered A Qualifying Injury Or Illness
The next qualification for Wisconsin workers’ compensation is that you have an injury or illness covered by the law. Some of the injuries and conditions that are covered include the following:
### Physical Injuries
These may include fractures, crushing injuries, amputations, sprains, strains, hernias, paralysis or loss of a body part, loss of vision or hearing, disfigurement, bruises, cuts, or burns.
#### Mental Harm
Mental harm also may qualify, such as nervous disorders, traumatic neurosis, and hysteria. The effects of a brain hemorrhage from an industrial accident also could qualify for benefits. If the injury is emotional stress or mental harm without physical symptoms, it must be demonstrated that the situation is occurring because of more than regular daily mental stresses at work. Proving mental harm of this type can be challenging.
#### Accidental Injury
Accidental injuries could include physical or mental harm that happened suddenly because of an activity that resulted from employment.
#### Occupational Diseases
A qualifying occupational disease causes long-term physical or mental harm over time because of a job-related condition, activity, or substance. Some common occupational diseases that may qualify for benefits are:
- Infection
- Silicosis
- Dermatitis
- Lead poisoning
- Respiratory disease
- Deterioration of bodily function(s) over time
Also, benefits could be payable if you suffered occupational hearing loss because of prolonged noise exposure. If you have questions about an occupational illness being covered, speak to our Wisconsin workers’ compensation attorneys.
### Injury Or Illness Must Be Job-Related
The next qualification for workers’ compensation in Wisconsin is that the injury or illness arose from employment. So, you and your attorney must prove that the injury or illness occurred when you were engaged in a job-related activity. Some common types of injuries that may qualify for benefits are:
- On-the-job mishaps: For example, some common on-the-job accidents that should qualify are slip and fall accidents, overexertion, and strains.
- Injuries in the car: It could be covered if the injury occurs during employment-related activities. However, if the incident happened in your vehicle on the way to or from work, it is probably not covered.
- On company steps or in the parking lot: If you were hurt in the parking lot or on the building steps, you probably will qualify for workers’ compensation.
- Injured off-site but while engaged in work: If you were hurt when away from company property but still doing work for your employer, it should be covered. Suppose you are out of the office covering a company-sponsored work conference at a hotel and injure your ankle in the hotel. If you were working at the time, the injury should be covered.
- Traffic accidents: If you were hurt in a car accident doing company business, it should be covered by workers’ compensation.
## Must Give Proper Notice
You also must give your employer proper notice to receive workers’ compensation benefits for your injury or illness. The law states that employees should notify their employer of a job-related injury within 30 days of the incident. However, if you do not provide notice in 30 days, you still can provide notice within two years of the date of injury.
However, you should report the injury as soon as you can. A late report could cause your company to suspect that the accident occurred at home or did not happen at all. You can give notice to your employer in writing or verbally. The notice should have the time and date of the incident, type of illness or injury, body part(s) involved, whether medical attention was needed, and the circumstances of the incident.
## If Your Claim Is Denied
All is not lost if your claim is denied. We will request a hearing on your behalf and make a claim for the benefits you deserve. If your claim is denied, call us at 414-257-2667.
## Contact Our Wisconsin Workers’ Comp Lawyers Today
After a job-related injury, it is understandable if you are upset, confused, and unsure of what to do. At Gillick, Wicht, Gillick & Graf, our Wisconsin workers’ compensation attorneys provide the best legal representation for your workers’ comp needs. Our experienced attorneys will perform a complimentary free case review among our many legal services.
If your case qualifies and you decide to move forward, our attorneys will handle all legal paperwork and take the case as far as necessary to receive benefits. Our Wisconsin workers’ comp attorneys have represented injured workers all over southern Wisconsin for almost 80 years, and we can assist with your claim today. Call (414) 257-2667 today for a [complimentary legal consultation](https://www.gillickwicht.com/Contact.shtml), and we do not receive compensation until you receive benefits.
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**Categories:** Workers’ Compensation Attorney
**Tags:** workers' comp
---
### [Things To Help Speed Up Workers Comp Claims ](https://www.gillickwicht.com/things-to-help-speed-up-workers-comp-claims/)
**Published:** October 18, 2023
**Author:** admin
**Content:**
Job-related injuries continue to affect the Wisconsin workplace, with tens of thousands of citizens seeking medical care for an injury at work. Wisconsin law allows most injured workers to obtain workers’ comp benefits for their losses, but navigating your claim alone can be intimidating and take time.
Fortunately, there are several ways to speed up your workers’ compensation claim, which we outline in this article. If you have further questions about a workers’ comp case, our[ Milwaukee workers’ compensation attorneys](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf can address them.
## How Often Do Workplace Injuries Happen?
The US Bureau of Labor Statistics states that approximately[ 2.8 million workers suffer an injury at w](https://www.bls.gov/iif/)ork annually. About 5,000 employees die in workplace accidents every year. Many workplace injuries may be relatively minor and cause only a few days of missed work. But for some, a job-related injury can result in a severe injury that changes their lives and makes it difficult or impossible to earn a living.
### What Are The Most Common Workplace Injuries?
The most common causes of workplace injuries in Wisconsin are:
- Repetitive use injuries or overexertion: These injuries may require physical therapy or rehabilitation for the employee to regain function.
- Slips and falls: Many severe injuries and fatalities at work are caused by slips and falls. Construction workers are at especially high risk.
- Defective products and equipment: Some injuries and deaths are due to faulty equipment or products.
- Heavy machinery accidents: Many worksites are full of heavy machinery in tight spaces that, if misused, can cause severe accidents.
- Falling objects: Many head, neck, and spine injuries occur because of falling objects or debris at construction sites.
## Do You Qualify For Wisconsin Workers’ Compensation?
If you were injured recently at work in Wisconsin, you could be concerned if you will qualify for benefits. Wisconsin workers’ compensation laws state that the Workers’ Compensation Act protects all workers working for an entity with three or more employees. Companies with fewer than three employees also are subject to the law if they pay more than $500 in wages or more in any quarter of the year. Thus, most workers in the state are covered.
Workers’ compensation laws in the state define a workplace injury as any ‘mental or physical harm due to a job-related accident or disease, including damage to dental appliances, teeth, and artificial limbs.’ Injuries covered under the state workers’ comp law include:
### Physical Harm
Covered physical injuries include burns, cuts, bruises, hernia, crushing injuries, fractures, sprains, strains, amputation, stiffness, paralysis, loss of hearing or vision, and disfigurement.
### Mental Harm
Covered mental injuries include hysteria, nervous disorders, and traumatic neurosis. Brain hemorrhage effects due to an industrial accident also could be involved. If the workplace injury is emotional stress or mental harm without physical damage, you must show it was because of an incident more significant than the day-to-day emotional and mental stresses workers typically face.
### Accidental Injury
Traumatic physical or mental harm that happened unexpectedly and suddenly because of a job-related activity.
### Occupational Disease
Long-term physical or mental harm due to exposure over a long period to a hazardous or toxic substance at work. Common occupational diseases that may be covered include infection, silicosis, pneumonia, tuberculosis, lead poisoning, repetitive use injuries, and various respiratory diseases.
## How Long Should Your Workers’ Compensation Claim Take?
State law requires most Wisconsin employers to provide no-fault workers’ compensation insurance. How long does it take to receive benefits? The length of time depends on several factors, but you should receive a key update on your claim status within a few weeks of filing. With an occasional exception, you should get a written notice that your workers’ claim case was approved or denied in[ two to four weeks after submission](https://www.gillickwicht.com/how-long-does-it-take-to-get-compensation-after-a-work-injury). If more than a month has elapsed since you filed, talk to a Wisconsin workers’ comp attorney for assistance.
## How To Speed Up Your Workers’ Compensation Claim
Most workers who are injured want to get benefits as soon as possible. Here are several ways you could speed up the process:
### Report Your Job-Related Injury Immediately
The Wisconsin Department of Workforce Development states that an injured employee must report the injury to their employer, Not doing so can cause the claim to be delayed or denied. To get the process moving, it is best to report the injury as soon as possible. Every day you wait adds days to the timeline.
### Never Wait To File A Workers’ Comp Claim
Telling your employer about the injury is insufficient to process the claim. You also have to submit all the required paperwork without any unreasonable delay. It is always important to take time to prepare a complete workers’ comp claim, but do not allow days and weeks to pass, or the claim will be delayed. If you have trouble collecting the information you need for your claim, an attorney can help you speed things up.
### Go To All Medical Provider Appointments
A common reason injured workers experience claim delays is disagreements about medical records. There is nothing you can do to change errors the workers’ compensation insurance company makes, but you can make the process go more efficiently by going to all of your medical appointments. If there is an appointment you cannot make, ensure that you reschedule it promptly.
Also, double-check that all critical medical records were included when you filed the claim. Weeks can be added to the compensation process if the insurance company has to circle back and ask you for a forgotten medical document.
### Get Legal Help Immediately If You Are Denied
Workers’ compensation is designed to help injured workers, but sometimes, even a legitimate case is turned down the first time. While getting an adverse decision slows things down, it does not mean you cannot receive benefits. If you got a denial letter or other negative feedback about your claim, talk to a workers’ comp attorney for help.
## Contact Our Milwaukee Workers’ Comp Lawyers Today
If you have additional questions about a workplace injury, the best way to obtain guidance is to speak to a lawyer. [Contact our Milwaukee workers’ comp lawyers](https://www.gillickwicht.com/Contact.shtml) at Gillick, Wicht, Gillick & Graf at (414) 257-2667 for a consultation.
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**Categories:** Workers Compensation Attorneys
**Tags:** workers' comp
---
### [Do OSHA Violations Impact Workers' Compensation Claims?](https://www.gillickwicht.com/do-osha-violations-impact-workers-compensation-claims/)
**Published:** September 11, 2023
**Author:** admin
**Content:**
When you are hurt at work in Wisconsin, you do not need to worry about medical bills and being out of work. You are probably entitled to workers’ compensation to care for you and your family while you recover. Learn about workers’ comp and OSHA complaints and related information in this article, and if you have questions, our [Milwaukee workers’ compensation attorneys](https://www.gillickwicht.com/workers-compensation) can help.
## OSHA Violations And Workers’ Compensation Claims
Wisconsin has a ‘no fault’ policy for workers’ compensation claims when there is an accident at work. This means that employees do not need to prove liability to receive compensation; they only have to show that the accident occurred on the job.
If your employer violated an Occupational Safety and Health Administration (OSHA) rule that led to your injury, it is natural to wonder if you can sue for the violation. In Wisconsin, you are typically not allowed to sue the employer if you receive workers’ compensation.
Unfortunately, [some state courts have ruled](https://www.businessinsurance.com/article/20130604/NEWS08/130609955) that the workers’ compensation bar on filing a personal injury lawsuit is not overcome if the employer violated an OSHA regulation. But other courts have said that a willful violation of an OSHA might be a factor in determining if the bar on civil litigation can be disregarded.
If you are in this situation, you should ask an experienced workers’ compensation attorney about your specific case, the type of injury, and the OSHA rule that may have been violated. In any case, you can file for workers’ compensation even if there has been an OSHA violation committed by your company.
Also, depending on the case, an injured worker could have litigation options against a third party contributing to the job-related accident. Furthermore, OSHA tells employers they cannot retaliate against employees for reporting injuries. Companies also have been notified not to offer bonuses and prizes for attaining safety goals if the rewards discourage employees from reporting job-related injuries.
## What Injuries Are Covered By The Wisconsin Workers’ Comp Laws?
Wisconsin’s [workers’ compensation insurance laws](https://dwd.wisconsin.gov/dwd/publications/wc/wkc-7580.htm) define a workplace injury as any physical or mental harm because of a workplace disease or accident. Injuries that are covered include:
- Physical harm, including cuts, fractures, burns, bruises, crushing injuries, strains, amputation, stiffness, sprains, paralysis, and loss of part of the body. Also covered are sudden hearing or vision loss.
- Mental harm, such as hysteria, traumatic neurosis, and nervous disorders. A brain hemorrhage injury from an industrial accident also can be covered. Suppose the workplace injury is emotional stress or mental harm without physical damage. In that case, the injured worker must show it was because of a workplace situation that was more than typical daily work stresses.
- Accidental injury, including physical or traumatic mental harm that happens unexpectedly or suddenly because of a job-related activity.
- Occupational illness or disease is long-term mental or physical harm due to exposure over a long period to a job-related condition, activity, or substance. Occupational disease can include hearing loss and deterioration of various bodily functions. Common occupational diseases that may qualify include dermatitis, tuberculosis, lead poisoning, pneumonia, and various respiratory diseases.
## The Injury Must Arise Out Of Employment – What Does This Mean?
In Wisconsin, workers’ compensation is payable when, when you were hurt, you were performing a job or activity related to your employment. While you do not need to prove fault to receive benefits, you must show that the injury or disease occurred when you were working in a job-related activity:
### At-Work Injuries
Most accidents on the job happen when on company property, such as a fall, the impact of a moving or falling object, or overexertion or strains. If the injury occurred on company property, you can receive workers’ compensation in almost every circumstance.
### Injuries Occurring On The Way To And From Work
In most cases, you can only get compensation for an injury to or from work if it happens on company-owned property. However, if you were engaged in a work-related activity on the way to or from work, it could be covered in some circumstances.
### Injuries In The Parking Lot
Workers ‘ compensation insurance usually covers injuries that occur in the company parking lot, on steps leading to the company building, or on a path to the building.
### Injuries When Attending To Personal Business
In most cases, workers who are hurt at work while attending to personal affairs, such as using the restroom, eating, drinking, or smoking, will receive workers’ compensation if injured. However, injuries that occur off of company property, such as at lunchtime, are typically not covered.
### Injuries While Doing Something Strictly Private
If you are hurt when performing an action taken for a private purpose and your work is not involved, it is not covered by workers’ compensation. For example, if you are driving on the job, stop in a grocery store to buy personal items, and are injured, this is not usually compensable.
### Injuries Not On Company Property But Still Working
Suppose you are not on company property but are performing duties for your employer. If you are injured in this situation, you should receive workers’ comp. If you are being transported by your company when you are hurt, you also should be compensated. A worker whose employment depends on travel is assumed to perform work while on a work trip. For example, an injury on a work trip in an airport, subway, or bus would be covered.
### Traffic Accidents
Traffic accidents are covered if you were on company business at the time. For example, if you were making a delivery and were hurt in a traffic accident, you should receive compensation. However, if you are on company business and have a heart attack when driving, leading to an accident, the injuries would be covered, but you might not be compensated for the heart problem.
## Contact Our Milwaukee Workers’ Compensation Attorneys Today
If you were hurt on the job in Milwaukee, you may be out of work and have a pile of medical bills. Workers’ compensation is designed to keep you financially afloat while you recover. [Contact o](https://www.gillickwicht.com/Contact.shtml)[ur Milwaukee workers’ compensation attorneys](https://www.gillickwicht.com/Contact.shtml) at Gillick, Wicht, Gillick, & Graf for help with your claim, so call (414) 257-2667.
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**Categories:** Workers’ Compensation Attorney
**Tags:** OSHA
---
### [Most Important Components Of Wisconsin Workers’ Compensation ](https://www.gillickwicht.com/most-important-components-of-wisconsin-workers-compensation/)
**Published:** August 15, 2023
**Author:** admin
**Content:**
The people of Wisconsin are entitled to a safe workplace. Unfortunately, many workplace accidents happen yearly, with thousands of workers seeking medical care for job-related injuries. State law requires most companies to offer workers’ compensation, but getting a claim approved can be daunting. If your claim was recently denied, our[ Milwaukee workers’ compensation lawyers](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick, & Graf may be able to help.
## Essential Facts About Wisconsin’s Workers’ Compensation Laws
If you were hurt in a job-related accident in Wisconsin, you could be entitled to benefits and medical benefits as you recover. Here are several things to understand about the state’s workers’ compensation laws:
### Workers Must Provide Enough Notice
Wisconsin law states that the injured worker must provide the employer with sufficient notice that a workplace injury occurred. Generally, notice should be given within 30 days of the injury. If it is an occupational disease, notice should be provided as soon as the worker reasonably knows the condition is related to their employment. If you do not offer sufficient notice, it could complicate your ability to receive benefits.
### Most Employers In The State Provide No-Fault Benefits
It is important not to confuse workers’ comp and personal injury claims. In a personal injury claim, you must prove that the defendant’s actions or inactions caused your injuries. However, workers’ compensation in Wisconsin is offered on a no-fault basis, meaning you can file regardless of fault. Most businesses and nonprofits operating in the state must provide no-fault workers’ compensation insurance.
### Many Financial Benefits Are Available
Workers’ compensation insurance in the state offers coverage for medical treatments that are needed and related to your injury or occupational illness. You are entitled to comprehensive medical care and should receive weekly financial benefits if you must take off work after the accident. Your benefits are determined based on your pre-injury earnings. If you have a permanent impairment or disability, more compensation could be available.
### You Can Appeal A Claim Denial
Injured workers are entitled under the law to financial support after a job-related accident. Unfortunately, not every employer and insurance company allows the claims process to go smoothly. If your claim was denied, you can appeal, and Gillick, Wicht, Gillick & Graf can help.
## What to Do If Your Workers’ Comp Claim Is Denied
Imagine you are injured and unable to work because of a job-related injury. You filed for workers’ compensation and found out your claim was denied. A workers’ compensation claim can be denied for many reasons, ranging from clerical errors on the application to disputes over your diagnosis and treatment plan. If your claim was denied, do not panic, and follow these steps:
### Go Over The Denial Letter
When a workers’ compensation claim is denied, you are entitled to a written denial letter explaining why the decision was made. The denial letter could be confusing; you may need to consult an attorney to understand it fully.
### Talk To A Workers’ Compensation Attorney
An experienced workers’ comp attorney can offer legal guidance and explain the reasoning behind the denial. Your attorney can answer questions and provide your legal options going forward.
### File An Appeal
You can file a workers’ comp appeal by asking for a hearing. Generally, this means you must complete and return [Form WKC-7](https://dwd.wisconsin.gov/dwd/forms/wkc/wkc-7-e.htm). Ensure that you start the appeals process quickly because you do not want to miss the opportunity to appeal what could be an unfair denial of workers’ compensation benefits.
### Be Ready For A Long Process
The workers’ comp appeals system has several parts. You can continue the appeal process if the judge does not approve the claim at the hearing stage. The next step of the appeal process is overseen by the Labor and Industry Review Commission (LIRC).
## The Injury Must Arise Out Of Employment
Another critical aspect of Wisconsin’s workers’ compensation laws is that the [injury or illness must arise from the employment](https://dwd.wisconsin.gov/dwd/publications/wc/wkc-7580.htm#:~:text=Compensation%20for%20lost%20wages%20is,for%20the%20year%20of%20injury.). What does this mean? Consider these aspects:
### At-Work Injuries
Most accidents that lead to workers’ comp benefits happened on the job. Examples include falls, being hit by a falling or moving object, tripping on steps, or overexertion and strains.
### Injured While Traveling To And From Work
Usually, you can only be paid for an injury to or from work when it happens on company property. For instance, if you fall on the steps on company property when you are going into the office, this could be covered under workers’ compensation. Or, suppose you slipped on ice in the company parking lot. This accident also would be compensable under the law.
### Injured While Meeting Personal Needs
Usually, a worker who is hurt at work while dealing with personal needs, such as going to the restroom, is covered by workers’ compensation. However, injuries off of company property, such as a restaurant visit at lunchtime, are not covered. But if you are injured at lunchtime in the company breakroom, that would be covered by workers’ compensation.
### Injuries Off Company Property But Still Working
Suppose the injury happened off of company property, but you were still performing work for your employer. This would be a compensable accident. For example, if you are injured in the airport while traveling on company business, this would likely be covered by workers’ compensation.
### Traffic Accidents
If you are in a traffic accident while conducting company business, this would usually be covered. For instance, a delivery driver on the clock hurt in an intersection accident would be paid workers’ compensation. But if that same driver was doing personal business and hurt in the same accident, this probably would not qualify for benefits.
## Contact Our Milwaukee Workers’ Compensation Lawyers Today
You should not be discouraged if your workers’ compensation claim was denied recently. Our[ Milwaukee workers’ compensation lawyers](https://www.gillickwicht.com/Contact.shtml) at Gillick, Wicht, Gillick, & Graf may be able to help, so call (414) 257-2667. You do not pay a legal fee until you are paid.
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**Categories:** Workers Compensation Attorneys
**Tags:** workers' comp
---
### [What To Do After a Wisconsin Work Injury](https://www.gillickwicht.com/what-to-do-after-a-wisconsin-work-injury/)
**Published:** May 22, 2023
**Author:** admin
**Content:**
Were you injured on the job recently in Milwaukee or elsewhere in Wisconsin? You may be eligible for workers’ compensation, but there are several things you need to do after your injury, which are described in this article. If you think you have a workers’ comp case, talk to our [Wisconsin workers’ compensation attorneys](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf today for legal advice.
## Who Is Covered By Workers’ Compensation In Wisconsin?
The [Wisconsin Workers’ Compensation Act](https://oci.wi.gov/Pages/Consumers/WorkersComp.aspx#:~:text=Worker's%20compensation%20is%20protection%20mandated,injury%20arising%20out%20of%20employment.) protects all workers employed in organizations with three or more employees. The law also covers companies with fewer than three employees if they pay their workers $500 or more in any quarter of the year. Farm workers are also protected under the law if the employer has at least six or more workers on at least 20 days in a calendar year. These provisions mean that the workers’ compensation law covers most workers in the state. Injuries that are covered by workers’ compensation in Wisconsin include:
- Physical injuries
- Mental injuries
- Accidental injury
- Occupational disease
If you are injured on the job in Wisconsin, you must report it to your employer to receive workers’ comp benefits. Even if it is a minor injury, you should report it because it could become a more severe injury later. It is essential to report the injury to your employer promptly or the organization could suspect the injury did not happen on the job. You should give your notice to the employer within 30 days of the injury, but you can still provide notice within two years of the injury.
Another aspect of the law to be aware of is the three-day waiting period. This rule is in place to eliminate minor claims for temporary disabilities and requires a three-day waiting period to receive benefits for injuries that last seven days or less. Note that Sundays are only part of the three days if you usually work on Sundays.
If you cannot work after the [seventh day of injury](https://docs.legis.wisconsin.gov/statutes/statutes/102/43), you will be compensated for the whole period, including the initial three days. Compensation for your lost time includes all disability days up to that date but does not include the date you were injured.
Also, note that workers’ comp coverage in Wisconsin is no-fault. It does not matter if the injury was your fault. As long as the incident happened at work, you can receive workers’ comp benefits.
## What You Need To Do After A Workplace Injury
Most workers who are hurt in Wisconsin on the job can receive benefits while they recover. But [they need to take several actions](https://www.gillickwicht.com/things-you-should-never-do-when-you-are-collecting-wisconsin-workers-compensation) to ensure they receive benefits:
### Tell Your Employer As Soon As Possible
The sooner you tell your employer about the injury, the better for your case. If you delay informing your employer about the injury, the claim becomes more complicated and your employer’s insurance company may ask question the claim. Ask our Wisconsin workers’ comp attorneys for assistance if you have issues when you report the injury.
### Submit To Medical Treatments
You are allowed under Wisconsin law to choose your treating physician for your injuries. You want to get medical treatment as soon as possible so that your injuries can be confirmed, and so they can be verified to be related to your job. You must also go to an evaluation by the worker’s compensation insurance carrier’s doctor if they request it. This is known as an Independent Medical Exam or IME.
### Tell The Physician How And Where The Injury Occurred
You must also tell the doctor treating you how the injury happened and if you think it was related to your job. Again, providing this information to your employer before you begin treatment is helpful.
### Follow Your Physician’s Advice
You must always do what your doctor says when you are being treated for workplace injuries. If you do not follow the treatment plan or do not show up for appointments, these things could be blamed for you not recovering as you should, and your benefits could be at risk.
Also, you need to go back to work for light-duty duties if that is what your doctor says to do. However, you also should stay home and continue to recover if your doctor recommends it; going back to work before your physician authorizes it also can cause problems with receiving benefits.
## What Should You Do If Your Workers’ Comp Claim is Denied?
The insurance company may deny your claim if they think the injury did not occur the way you said it did. They also may deny your claim if they think your injury is pre-existing or degenerative. The most common way Insurance Carriers deny claims is by sending you to an Independent Medical Exam (IME) and the doctor they hire says your injury is not work related. If this happens you should contact the lawyers at Gillick, Wicht, Gillick & Graf.
## Contact Our Wisconsin Workers’ Compensation Attorneys Today
There is little doubt that the complexities of a workers’ comp claim can be confusing for the typical worker. While you can handle your claim, having an attorney help you through the process is often helpful. Our [Wisconsin workers’ compensation attorneys](https://www.gillickwicht.com/Contact.shtml) at Gillick, Wicht, Gillick & Graf can help with your claim, so call today at (414) 257-2667. Our attorneys will review your case at no cost and tell you if they can help. There is no fee until you receive benefits.
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**Categories:** Workers’ Compensation Attorney
**Tags:** workers' comp
---
### [Never Talk To Workers' Comp Insurance Company Without An Attorney](https://www.gillickwicht.com/never-talk-to-workers-comp-insurance-company-without-an-attorney/)
**Published:** April 17, 2023
**Author:** admin
**Content:**
After being hurt at work, an understandable question is whether you should hire a workers’ compensation attorney. Is their help necessary and what will it cost? In this article, we discuss why it is important to get an attorney before speaking to the workers’ comp insurance company. If you have questions about workers’ comp the [Wisconsin workers’ compensation lawyers](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf can assist you. Our attorneys are only paid if you receive benefits.
## The Importance Of Hiring A Workers’ Compensation Attorney
The Wisconsin workers’ compensation system was set up to provide injured workers with wage loss benefits, medical bills coverage, and related benefits. Workers’ comp ensures that workers can receive benefits after a job-related injury. It also prevents lawsuits against companies when workers are hurt. Employers with three or more full-time or part-time [employees must have workers’ compensation insurance in Wisconsin](https://dwd.wisconsin.gov/wc/employers/#:~:text=You%20must%20have%20Worker's%20Compensation,you%20employ%20the%20third%20person.).
Because workers’ comp was established to help workers, many injured parties think they do not need an attorney to help with their claim. Why would you need an attorney if the state has set up a program to pay benefits when you are hurt at work?
Workers’ comp is paid for by the company or its insurance company. Both parties have an incentive to not pay full benefits to injured workers if they can get away with it. Paying maximum benefits lowers company and shareholder profits.
Another reason having a workers’ comp attorney is important is there are often gray areas when a worker is hurt. Did the injury happen at work? Was the injury exacerbated by a pre-existing condition? In these complex situations, a Wisconsin workers’ comp attorney can safeguard your rights and ensure you get the money you are entitled to.
## When You Should Have An Attorney Talk To The Workers’ Comp Insurance Company
In a perfect world, you have a relatively minor job-related injury. There is no doubt that you will receive full benefits. However, we often do not live in a perfect world. Depending on your injuries and other case circumstances, you could use a legal advocate that ensures you get the compensation you deserve. In the following situations, you should not talk to the insurance company without an attorney:
### There Is A Preexisting Condition
If you have a preexisting health condition, it could be used by the insurance company to reduce or deny benefits. The insurance company may argue that the preexisting condition caused your inability to work and it is not related to the job-related accident. However, you can still receive benefits even if you have a preexisting condition.
### The Employer Retaliates Against You
Did your employer demote, fire, or reduce your hours after you filed for workers’ compensation? You do not have to put up with this unfair treatment. Before talking to the workers’ comp insurance company, talk to an attorney.
### Your Benefits Are Delayed Or Denied
It is estimated that 80% of workers whose workers’ comp benefits are denied do not appeal. Even if you are turned down for workers’ comp, you do not have to take ‘no’ for an answer. You can file an appeal and hire a workers’ comp attorney to get the benefits you deserve. If you are considering filing an appeal, you should always have an attorney help you. Remember that hiring a workers’ comp lawyer does not cost you upfront and gives you the best chance to get a fair settlement.
### The Workers’ Comp Settlement Does Not Cover All Losses
If you received a workers’ comp settlement but are unsure if it is a good offer, you should not rely on the judge to decide for you. All workers’ comp settlements in Wisconsin must be approved by a judge, but they will probably approve any settlement that seems reasonable. If you want to get the most benefits, you should talk to an attorney.
### Medical Problems Prevent You From Going Back To Your Job
If you have a permanent disability, you could receive weekly benefits to make up for not being able to work. These cases can be costly for the workers’ comp insurance company. They will try to avoid paying you the benefits you deserve. You should always hire a workers’ comp attorney in this situation.
## Can You Ever Handle A Workers’ Comp Claim On Your Own?
There are a few circumstances where you may be able to handle your own workers’ comp claim:
- You have a minor job-related injury, such as a sprained ankle.
- The employer admits the injury happened on the job.
- You did not miss significant work time because of the injury.
- You do not have a preexisting condition that affects the same body part. For example, if you injured your back lifting a box at work, you do not have a previous back injury from a car accident.
It is possible for an injured worker to get by without a workers’ comp lawyer in these simple cases. However, you have little to lose by having an attorney review the case. If they cannot help you to receive additional benefits, the attorney will let you know.
## Contact Our Wisconsin Workers’ Compensation Lawyers Today
An experienced worker’s compensation attorney will ensure that all necessary forms are filed on time and that you meet all deadlines. They also know how to collect the necessary evidence to support a workers’ comp case. If necessary, they will negotiate with the insurance company and draft the settlement agreement. If the insurance company will not agree on a fair settlement, your attorney can represent you in court.
Our Wisconsin workers’ compensation attorneys will ensure that you get the most benefits during your recovery. [Contact our Wisconsin workers’ compensation lawyers](https://www.gillickwicht.com/Contact.shtml) at 414-257-2667 today at Gillick, Wicht, Gillick & Graf for a complimentary consultation.
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**Categories:** Workers’ Compensation Lawyer
**Tags:** workers' comp
---
### [Things To Not Do After A Workers' Comp Settlement](https://www.gillickwicht.com/things-to-not-do-after-a-workers-comp-settlement/)
**Published:** April 3, 2023
**Author:** admin
**Content:**
You were injured on the job recently and received a workers’ compensation settlement covering your medical bills and partial wages during your recovery. However, there are several things you should not do after your workers’ comp settlement. Below are critical mistakes to avoid. If you have questions about your settlement, our [Milwaukee workers’ comp lawyers](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf can help.
## Ignoring Your Doctor’s Instructions
Your [workers’ comp benefits in Wisconsin](https://oci.wi.gov/Pages/Consumers/WorkersComp.aspx) depend on the doctor that diagnoses your injuries, recommends treatments, and decides the work and activities you can do as you recover.
The doctor who treats you for injuries will provide a treatment plan for you to reach maximum medical improvement. Even if you disagree with the treatment plan, you must attend your appointments. If you do not go, your benefits could be suspended.
Similarly, if the treating doctor says you can return to ‘light duty work,’ your employer will probably call you back for work. It is essential not to ignore their request, which could cause problems with your benefits. If you are not ready to return to work because of your injury, talk to your doctor.
## Not Paying Attention to Pain
Your treating doctor may have you go back to work doing reduced duties. You must listen to your body. You can get a second opinion if you have a lot of pain on the job. Under Wisconsin law, you have a right to get a second medical opinion about your injury, but there are specific actions you must take.
## Taking A Part-Time Job to Replace Lost Income
You may only receive part of your regular wages during the recovery period. So, taking a part-time job to get more money can be tempting. However, you should know that workers’ compensation insurance companies watch for this. Your workers’ comp benefits are intended to supplant the money you cannot earn while hurt.
Doing any side work while you are on workers’ compensation is not recommended. It can affect your claim and even lead to a fraud charge. In addition, it is not unusual for workers’ compensation insurance companies to employ private investigators to look for people doing side work.
## Don’t Sign A Comprehensive Medical Release
Your insurance provider may ask you to sign a release that gives them access to your personal health records. However, they are only entitled under the law to get records reasonably related to your work injury. Therefore, you should only sign authorizations for providers where you were treated for a work injury or any injury to the same body part in the past. If you are unsure, have any legal documents you are asked to sign reviewed by a workers’ compensation attorney.
## Doing More Activities Than Your Doctor Recommends
You may receive workers’ compensation benefits, but it can ruin your claim if the insurance company catches you doing things the doctor says you cannot do. The insurance company may or may not hire a PI to watch you. But they will almost always watch your social media posts. They may try to cancel your compensation if you are getting money for a workplace injury and it looks like you are not injured.
This means being careful about going on vacation while taking workers’ compensation. Make sure that you do not miss your doctor’s appointments. If you take a vacation, do not engage in activities that violate your work restrictions.
## Relying On The Insurance Company To Calculate Your Benefits
You are entitled to 2/3 of your average weekly earnings in a Wisconsin workers’ compensation claim, up to a maximum state-wide wage. The calculation should include your compensation for overtime, fringe benefits, and more. It is common for insurance companies to guess the weekly compensation rate based on your hourly wages. But this could cause an underpayment. So make sure you receive every dime to which you are entitled. This may mean having your case reviewed by a workers’ comp attorney.
## Settling A Workers’ Compensation Claim Without An Attorney
Your employer’s insurance provider will probably want you to sign a settlement claim quickly. However, you should always have a Milwaukee workers’ compensation attorney review the claim at no charge.
Remember, the employer and insurance company want you to be working as soon as possible and the case resolved. However, they want to pay as little as possible, so the settlement agreement you sign might not be in your best interests. Have an attorney review your workers’ compensation claim to determine if they can help you get a better deal.
## Walking Away From Your Job
Your company is incentivized to get you back to work after being injured. They do not have to pay benefits if they give you a job within your doctor’s restrictions. However, your employer may attempt to force you to do a job that you cannot do with your current limitations. Or, they could assign you to work far below your regular job.
If these things happen to you, quitting your job is never a good idea. You will forfeit your workers’ compensation benefits. Your best bet is to talk to a workers’ compensation attorney about this problem. The attorney is only compensated if they win the case. You also should consider hiring an attorney in these circumstances:
- The employer disputes that you are injured.
- The medical record does not strongly support your claim.
- You have a permanent or life-changing injury.
- The claim was denied, and you want to appeal.
- You were offered a settlement that you think is too low.
## Contact Our Milwaukee Workers’ Comp Lawyers Today
If you are hurt on the job, filing a workers’ comp claim is often a good choice. But should you do it on your own? There are many things you could do that could negatively affect your claim.
That is why many injured employees rely on our Milwaukee workers’ comp lawyers to help get the most money while recovering from their injuries. Our workers’ compensation lawyers in Milwaukee are ready to help. [Contact our Milwaukee workers’ comp lawyers](https://www.gillickwicht.com/Contact.shtml) by calling 414-257-2667 today at Gillick, Wicht, Gillick & Graf for help with your workers’ comp claim.
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**Categories:** Workers' Comp Lawyer
**Tags:** workers' comp
---
### [Frequently Asked Questions About Wisconsin Workers' Compensation](https://www.gillickwicht.com/frequently-asked-questions-about-wisconsin-workers-compensation/)
**Published:** March 13, 2023
**Author:** admin
**Content:**
Were you injured at work in Milwaukee or another Wisconsin community? While recovering, you may be entitled to workers’ compensation benefits to cover some of your lost income. However, workers’ compensation laws can be hard to understand. Below are some common questions about workers’ comp. Need more information? Our [workers’ compensation lawyers in Wisconsin](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick, & Graf can help today. Remember, you will not pay legal fees until you receive workers’ comp benefits.
## What Workers’ Comp Benefits Am I Eligible For?
Depending on the case, you may receive benefits for permanent and temporary injuries. Unfortunately, Wisconsin employers and insurance providers often underestimate the benefit to your disadvantage. That is why talking to an attorney is smart.
## Can I Choose My Own Doctor?
Yes, you are allowed to select any licensed medical provider in the state. However, your company may have you treated by their doctor in an emergency. Also, your employer can ask for an independent medical examination (IME) where a doctor reviews your injuries and overall condition. If you are asked to submit to an IME, ask your Wisconsin Workers’ Compensation attorney for assistance.
## What If My Injury Involves A Pre-Existing Injury?
You still can get workers’ comp even if you were more likely to get the injury because of a pre-existing condition. State law assumes that your company has employed you ‘as-is.’ So, you should still receive benefits for lost wages, medical costs, and any restrictions you have going forward from the job-related injury.
## What Are The Types Of Workers’ Comp Benefits In Wisconsin?
If you are injured in Wisconsin and cannot work, there are three types of workers’ compensation benefits. Which you receive depends on the nature and length of your injury:
### Temporary Total Disability (TTD)
You may qualify for TTD if you cannot perform your duties and the company cannot give you an alternative job. The insurance company must pay 2/3 of your average weekly earnings before you were hurt. For 2020, the maximum TTD benefit was $1,051.
### Temporary Partial Disability (TPD)
If you can still work but cannot make as much as before you were hurt, you may receive TPD. You receive 2/3 of the difference between your pay pre-injury and post-injury. But your pre-injury wages can only be up to the maximum of TPD benefits.
### Permanent Partial Disability (PPD)
You may qualify for PPD after you have reached maximum medical improvement and the doctor says you have permanent limitations. If you have a long-term disability, it is usually determined to be partial. However, your doctor will give you a permanent impairment rating. This is a percentage of how much functional disability you have.
The PPD benefits in Wisconsin are 2/3 of your average weekly income. Therefore, the maximum benefit is less than the temporary benefits. In 2020, the maximum PPD benefit was $362 per week.
If you went back to work, you still get PPD according to your degree of physical limitations. If you cannot make at least 85% of what you made before the injury, you may have a claim for retraining or loss of earning capacity. If this is your situation, ask Gillick, Wicht, Gillick & Graf for assistance.
## How Can I Get More Workers’ Comp Benefits?
After you are hurt at work, you are usually eligible for benefits. But there are things you can do to increase the likelihood of receiving benefits quickly:
- Report your injury to your employer as soon as possible. It is recommended to report the injury within 30 days, but the longer you wait, the harder it is to receive benefits.
- Get medical treatment from the best doctor you can find.
- Never use the doctor your company recommends for your treatments.
- Stay in touch with your doctors. If your injury gets worse, call your doctor immediately.
- Check that you have the right work restrictions for tasks you do at work. Talk to your doctor if you need help with your current work restrictions.
- Never lie or exaggerate your injuries.
- Keep your company up to date on your work restrictions.
## Can I Get Workers’ Comp And Social Security Disability Simultaneously?
Yes. You may be eligible to receive 80% of your pre-injury average earnings per week if you are getting workers’ compensation and [Social Security disability](https://www.ssa.gov/policy/docs/ssb/v65n4/v65n4p16.html) at the same time. This is compared to 66% of your average weekly wages if you only get workers’ compensation.
## How Long Will I Receive Benefits?
Your worker’s compensation benefits will last until your medical provider says you have reached maximum medical improvement (MMI) and can return to work. Suppose your injury or illness leaves you with a long-term disability that leaves you with work restrictions. In that case, you will receive benefits according to how the doctor evaluates the degree of injury. If your injury is bad enough that you cannot go back to your old job, you may be able to get retraining benefits.
## When Do I Need A Workers’ Comp Attorney?
There are situations where you may need an attorney. Typical cases that may need an attorney include:
- Your doctor and the company doctor disagree about the extent of your injuries.
- Your company or the insurer wants you to provide a recorded statement (never do so without your attorney present).
- You are requested to sign a settlement agreement.
- You cannot go back to work because of your job-related injury.
- It has been more than 14 days since your injury, and you have not received workers’ compensation benefits.
- You were fired after you were injured at work.
## Contact Workers’ Compensation Lawyers In Wisconsin
If you suffer a workplace injury or illness, what should you do? Unfortunately, you may not be able to work and earn your regular income. Fortunately, most Wisconsin workers can qualify for workers’ compensation insurance.
However, handling your workers’ compensation claim on your own may be unwise. Insurance companies are notorious for denying and reducing benefits for injured workers. Our workers’ compensation lawyers in Wisconsin can help you file your claim and get the maximum benefits. [Contact Gillick, Wicht, Gillick & Graf](https://www.gillickwicht.com/Contact.shtml) today for help with your case at (414) 257-2667. You do not pay legal fees until you receive benefits.
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**Categories:** Workers’ Compensation Lawyer
**Tags:** workers' comp
---
### [What You Need To Know About Wisconsin Workers' Compensation](https://www.gillickwicht.com/what-you-need-to-know-about-wisconsin-workers-compensation/)
**Published:** March 6, 2023
**Author:** admin
**Content:**
When you are hurt at work in Wisconsin, you have the right to apply for workers’ compensation insurance in most situations. Workers’ comp pays essential benefits to employees with work-related injuries and illnesses. Some benefits you are entitled to include medical treatment, lost weekly wages, rehabilitation, and more. Learn more about Wisconsin workers’ compensation in this article. If you have questions, our [workers’ compensation attorneys in Milwaukee](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf can help.
## Temporary Disability Benefits Overview
You can receive temporary disability benefits in Milwaukee while you recover from your work-related injury or illness. Depending on the situation, you may receive either [temporary total disability (TTD)](https://dwd.wisconsin.gov/wc/insurance/training/tpd/) or temporary partial disability (TPD). Note that you will not receive workers’ compensation benefits for your first three days out of work. However, this rule does not apply if your injury or illness lasts over a week.
## TTD
You may be eligible for temporary total disability if you cannot perform any job while recovering from your illness or injury. Or, you can receive TTD if you can return to restricted duty, but have yet to be offered work that provides for your limitations.
TTD benefits in Wisconsin are determined as 2/3 of your average weekly earnings before you were hurt, up to a maximum benefit that is changed yearly. In 2020, the top TTD benefit in the state was $1,051.
You may receive TTD benefits until you return to work or your physician states that you are at ‘maximum medical improvement.’ This means your illness or injury will no longer improve with additional medical intervention.
## TPD
If you can go back to work, you can receive partial benefits. You can receive 2/3 of your salary before you were hurt and what you can earn after the injury. Note that your pre-injury income is subject to maximum benefits. If you made $1,000 per week, you could only receive $700 in TPD benefits.
## Permanent Partial Disability Benefits Overview
After you are at MMI, your physician will examine you. She will decide if you have permanent limitations because of your injury or illness. Usually, if you have some degree of permanent disability, you will be determined to be partially disabled. So, the doctor will give you a permanent impairment rating.
Your PPD benefits are also determined as 2/3 of your weekly average earnings. However, the maximum benefit is lower than for temporary disability. Also, the total amount is not increased annually. As of 2020, the total compensation for PPD in Wisconsin was $362 per week.
If you have gone back to work, you will still receive PPD benefits according to your limited physical abilities. However, if you cannot make at least 85% of what you made before you were hurt, your benefits could be adjusted to account for your reduced ability to earn a living.
## More Important Information About Wisconsin Workers’ Compensation Benefits
There are other important points to understand if you have been injured at work in Wisconsin:
### Workers’ Comp Is Only For Employees
These benefits are only for employees. You are eligible for workers comp if you get a W-2 and a weekly paycheck. In addition, some employers may attempt to classify you as an independent contractor.
This is sometimes done to avoid paying workers comp benefits. If you think this is happening in your case, talk to a workers’ comp lawyer in Wisconsin.
### Most Employees Receive Workers’ Compensation Benefits
State law requires most companies to provide workers’ compensation insurance to employees. However, there are some exceptions. For example, you may be ineligible if you work for a farm. Also, some companies are governed by workers’ compensation laws for federal workers and not state laws. Domestic workers and volunteers also do not qualify for worker’s compensation.
### Workers’ Compensation Covers Mental And Physical Injuries
Receiving workers’ compensation in Wisconsin means you have suffered mental or physical impairment because of a job-related accident or illness. Some examples of injuries that may qualify for benefits are:
- Cuts and bruises
- Infections
- Burns
- Crushing injuries
- Infections
- Loss of vision or hearing
- Strains and sprains
- Respiratory illnesses
- Paralysis – partial or total
- Stiffness
- Fractures
- Dermatitis
- Disfigurement
However, the above are only examples. Other mental and physical injuries may be covered. If you are unsure if your injury or illness is covered, talk to a workers’ compensation attorney in Milwaukee today.
### Always Choose Your Own Physician
After you are hurt at work, you should get medical treatment right away. Under the law, you can select any medical professional for treatment as long as they are licensed. Your company cannot tell you where to receive treatment for your injuries. However, you may be required to be examined by a company doctor. If you get a request to undergo an independent medical exam, you should talk to an attorney.
There are situations where the doctor for the IME may underestimate the severity of your injuries. However, you can counter this argument by presenting the findings of your personal physician.
### Tell Your Employer About Your Injury
It is understandable if you hesitate to tell your employer about your injury. However, this is a vital part of filing your claim. You should report the injury or illness within 30 days, but the sooner the better. While you have up to 24 months to file a claim, it can become difficult to receive benefits if you delay.
Also, your company cannot fire you if you decide to file for workers’ comp. However, you should talk to a workers’ comp attorney if you suspect that happened.
## Contact Workers’ Compensation Lawyers In Milwaukee
After you are hurt at work, you may consider walking to the HR department and filing a workers’ compensation claim. But is this a good idea? It may be a mistake to think your company has your best interests at heart. Remember, workers’ compensation insurance providers make money by reducing payouts and denying claims.
That is why many injured workers turn to workers’ compensation lawyers in Milwaukee for assistance. With the help of a workers’ compensation attorney, you may be able to get more substantial benefits.
Our workers’ compensation lawyers in Milwaukee are standing by to assist you. [Contact Gillick, Wicht, Gillick & Graf](https://www.gillickwicht.com/Contact.shtml) today for help with your workers’ comp claim at (414) 257-2667.
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**Categories:** Workers’ Compensation Attorney
**Tags:** workers' comp
---
### [How New Law 2021 Wisconsin Act 232 Could Affect Worker's Comp](https://www.gillickwicht.com/how-new-law-2021-wisconsin-act-232-could-affect-workers-comp/)
**Published:** February 13, 2023
**Author:** admin
**Content:**
Wisconsin Governor Evers signed the [2021 Wisconsin Act 232](https://docs.legis.wisconsin.gov/2021/related/acts/232) into law in April 2022. This law substantially changed the state’s workers’ compensation rules, particularly permanent partial disability (PPD) calculations. This article describes those changes in detail. If you have questions about receiving disability benefits, please speak to one of our [Wisconsin workers’ comp](https://www.gillickwicht.com/workers-compensation) attorneys today.
## 2021 Wisconsin Act 232 Changes PPD Benefits
The Act increased the maximum PPD benefit in the state to $415. The previous minimum amount was $362. This new benefit was implemented for injuries that happened on or after April 10, 2022. Also, the maximum PPD benefit was increased to $430 for injuries that occurred on or after Jan. 1, 2023. This was the first increase in the maximum PPD benefit since 2017.
## Changes To Section 102.13(1)(b), Wis. Stats.
Another critical change to workers’ comp laws in Section 102.13(1)(b), Wis. Stats. The law was amended to let a worker who attends a medical examination directed by the employer and workers’ comp insurer have a neutral observer at the meeting.
## Alternations In Part-Time Worker Laws
Another significant change to Wisconsin workers’ comp laws affects the wage rate calculation for certain part-time employees. Usually, if a part-timer did not limit their work hours to part-time, the injured party’s earnings were expanded to a complete 40-hour weekly rate.
With the new rules, an injured part-time worker who has been employed for more than a year has their hours limited to their part-time earnings as far as workers’ compensation benefits. But a part-time employee with another job when they are hurt or worked under a year can still expand their earnings to the 40-hour rate.
## Workers’ Comp Is Intended For ‘Employees’
Workers Compensation benefits are designed for ‘employees,’ so if you are an independent contractor, you may not qualify for benefits. Some of the largest companies in Wisconsin that would need to pay full-time workers’ benefits are Aurora Health Care, Johnson Controls, and Fiserv. Most Wisconsin workers are employees. So, if you work for a business and receive a steady paycheck, you probably qualify for workers’ comp.
As stated above, independent contractor do not receive workers’ comp. However, many instances in Wisconsin exist where employers misclassify workers to avoid paying benefits. Talk to a Kenosha workers’ comp attorney if you think you are being misclassified as an independant contractor.
## Most Workers Are Covered (But Not Everyone)
State law requires most companies to have workers’ comp insurance. However, there are exceptions. For example, some farms are not required to offer benefits. Plus, some companies follow federal guidelines on workers’ comp, not Wisconsin’s.
The workers’ comp laws exclude certain workers, such as volunteers and domestic workers. However, the Wisconsin Department of Workforce Development recently noted that workers’ compensation laws cover most employees in the state.
## Workers’ Comp Pays For Mental And Physical Conditions
State law says that a workplace injury is mental or physical harm that happened because of an accident or disease on the job. Some of the harms covered are crushing injuries, burns, bruises, cuts, emotional trauma and distress, fractures, hernias, infections, hysteria, paralysis, strains, sprains, loss of vision or hearing, and nervous disorders.
## You Need To Tell Your Company About Your Injury
It is understandable if you are hesitant to tell your company if you are hurt. However, this is vital to receiving workers’ comp in Wisconsin. The state government recommends filing your injury report with your employer within 30 days. However, it is best to tell them as soon as you can. You also have up to two years to file a claim, but it will be much harder to secure benefits by delaying.
Further, note that your company cannot terminate you for being injured and filing for workers’ comp. They also cannot deny you a wage increase or promotion for filing for benefits.
## Always Choose Your Own Doctor
After you have a workplace injury or illness, you need immediate medical treatment. But remember that you have the right to choose your own provider, including a doctor, physician assistant, nurse practitioner, chiropractor, dentist, or psychologist you want who is licensed to practice. Your company cannot force you to visit any particular provider. However, they may require you to have a medical examination by the insurance company doctor. You should discuss the matter with your lawyer if they request an IME or independent medical exam.
## Workers’ Comp Covers Most Medical Treatments
You are entitled to most medical treatments for your injury that lead to ‘maximum medical improvement or MMI. However, the workers’ comp insurance provider may object to some treatments, such as massage and physical therapy. For those types of services to be covered, they usually need to be ordered by your doctor. Or, the insurance company must agree in advance to cover these alternative remedies.
## Disputes Over Workers’ Comp Benefits Are Common
It is common for Wisconsin employers to fight workers’ comp benefit payments. For example, your company in Wisconsin may deny that your back injury is related to lifting boxes in the warehouse. This is why it is wise to have your case reviewed by a workers’ comp attorney. They can maximize the chances your claim is accepted, and you receive maximum benefits. Remember, workers’ comp attorneys work without upfront costs. Therefore, if your attorney succeeds in obtaining benefits for you, they are paid.
## Uninsured Employers Fund Pays For Workers Who Are Not Covered
The law requires most companies to have workers’ comp coverage, but some do not follow the law. To offer safeguards against companies that break the rules, the state provides an Uninsured Employers Fund. If you think you should get benefits, but your company lacks insurance, we recommend hiring a [Wisconsin workers’ comp attorney](https://www.gillickwicht.com/About/Michael-Gillick.shtml) to file your claim.
## Contact A Wisconsin Workers’ Comp Attorney Today
Being approved for workers’ comp benefits without a fight can be challenging with specific employers. However, if you are having difficulty qualifying for workers’ comp, you have rights under the law. Our Wisconsin workers’ comp lawyers at Gillick, Wicht, Gillick & Graf will [fight for your legal rights today](https://www.gillickwicht.com/Contact.shtml).
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**Categories:** Workers’ Comp Attorney
**Tags:** workers' comp
---
### [Is Workers' Comp Based On My Income?](https://www.gillickwicht.com/is-workers-comp-based-on-my-income/)
**Published:** January 30, 2023
**Author:** admin
**Content:**
Workers’ compensation in Wisconsin offers essential benefits if you are sidelined with a work-related injury or illness. You may be eligible for benefits for medical expenses and income to offset what you lose because of your injury. [To receive workers’ comp benefits in Wisconsin, you must report the injury within 30 days](https://dwd.wisconsin.gov/dwd/publications/wc/wkc-7580.htm).
A common question is whether workers’ comp is based on one’s income. Yes, and below is essential information to fully answer this question. Please contact our [Wisconsin workers’ comp attorneys](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf today for more information.
## Wisconsin Temporary Disability Benefits
You may receive temporary disability benefits in Wisconsin in Appleton, Fon du Lac, Fox Valley, Green Bay, and more, as you recover from your injury. This benefit is based on your wage at the time of the injury or the previous year. Note that you could receive either temporary total disability or temporary partial disability. However, in Wisconsin, your temporary disability benefits are not paid for the first three days you are off work unless the disability lasts more than a week.
## Temporary Total Disability
You may receive temporary total disability (TTD) benefits if you cannot perform any job as you recover from your illness or injury. Or, you can receive them if you can return to restricted work but your employer cannot accommodate your restrictions.
Your temporary total disability benefits are based on 2/3 of your average weekly gross wages at the time of the injury or occupational illness. The maximum changes annually, but for 2020, the maximum temporary disability payment was $1,051. Your TTD benefits continue until you return to work or your physician says you have gotten to the end of healing or ‘maximum medical improvement.’ This means your condition will not improve anymore with medical treatments.
## Temporary Partial Disability
If you can go back to your job but cannot earn as much as you could before the injury, you may be eligible for temporary partial disability (TPD) benefits. The amount you get for TPD is 2/3 of the difference between what you made before and after your injury or illness. Note that your pre-injury wage maximum is the same as TTD benefits. For example, you made $1,000 per week but only earn $700 now. This means you will receive $200 in temporary partial disability benefits.
## Wisconsin Permanent Disability Benefits
When you have gotten to maximum medical improvement, your physician will look you over and determine if you have a permanent functional impairment. If you have some degree of permanent disability, it is typically partial. If that is the case, the doctor will give you a permanent partial disability rating. This number is provided as a percentage of impairment.
Your amount of Wisconsin permanent partial disability (PPD) benefits also is determined as 2/3 of your average weekly salary. But the maximum is lower than for TPD or TTD. As of 2020, the maximum rate for PPD in Wisconsin was $362 weekly.
## Disability Benefits For Permanent Disfigurement In Wisconsin
If the job-based injury left you disfigured in an obvious way and could lower your wages, the state’s workers’ comp division could award you additional funds. This depends on what the commission believes is fair, considering your job, education, training, and age.
## What Are The Most Common Types of Work Injuries?
Job-based injuries can include repetitive stress injuries (carpal tunnel syndrome) or knee injuries requiring joint replacement. Other injuries are more serious, such as paralysis or death. Some of the most common types of job-based injuries are
- [Slip-and-fall injuries](https://nfsi.org/nfsi-research/quick-facts/)
- Reaching and lifting
- Pushing and pulling
- Motor vehicle injuries, including car and truck accidents
- Malfunctions of machinery
- Catching or lifting patients in a healthcare facility
- Falls on ladders or scaffolding
## What About Lump-Sum Disability Payments In Wisconsin?
Most workers’ comp benefits in the state are paid in weekly benefits. In addition, they are paid in a certain amount over a fixed period. However, in some cases, lump sum payments may be available. If you think you are entitled to a lump sum workers’ comp payment, you should talk to an attorney today. Getting a lump-sum workers’ comp payment is challenging, and your attorney knows how to get the workers’ comp insurance company to negotiate. The good news is most workers’ comp cases in Wisconsin can be settled without going to court, including for lump-sum payments.
## Can You Sue Your Wisconsin Employer?
You cannot sue your employer for a work injury in Wisconsin. The Wisconsin Workers’ Comp system is set up to provide benefits for work injuries and is an ‘exclusive remedy.’
It is understandable if the inability to file a personal injury lawsuit against your employer is upsetting. After all, workers’ comp benefits do not pay for pain and suffering damages. Still, you can receive substantial benefits in a workers’ comp claim, including for medical costs, permanent disabilities, and lost time benefits. Therefore, you should always have your workers’ comp case reviewed by a qualified Wisconsin attorney. That way, you will have a good idea if your claim is valid.
## Get Help With Our Wisconsin Workers’ Comp Lawyers
What if you have been injured on the job in Wisconsin, such as at Northwestern Mutual, Fiserv, Rockwell Automation, or another firm? If your company is disputing your workers’ comp claim, you should speak to one of our Wisconsin workers’ comp lawyers. Our attorneys can review the case and determine how much in benefits you should receive according to Wisconsin law. [Please contact our Wisconsin workers’ comp attorneys now](https://www.gillickwicht.com/Contact.shtml) for assistance.
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**Categories:** Workers’ Comp Attorney
**Tags:** workers' comp
---
### [How The Doctor Treating You Impacts Your Workers' Comp Case](https://www.gillickwicht.com/how-the-doctor-treating-you-impacts-your-workers-comp-case/)
**Published:** January 17, 2023
**Author:** admin
**Content:**
Seeing a medical professional as soon as possible is one of the initial steps people take after a workplace injury. After all, it is critical to obtain proper medical treatments to ensure a rapid and complete recovery. However, the treating workers’ comp doctor has an even larger role in a workers’ comp case.
Discover below how vital the treating physician is in a workers’ compensation case. If you have questions about your situation, [Wisconsin workers’ comp lawyers](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick, & Graf can help you.
## Why Your Treating Physician Is Critical To Your Workers’ Comp Case
A workers’ compensation physician makes vital decisions about your injury’s severity. Their views of your workplace injuries will significantly affect the trajectory of the case. During the workers’ comp case, the treating physician has the following roles:
## They Diagnose And Treat The Job-Related Injury
When you set up a time to see the treating physician, they will ask many questions. For example, they will ask how the workplace injury happened and any preexisting condition that may have made it worse.
The treating doctor will collect as many details of the accident as possible. Then, they will examine you and give you the necessary medical treatments. If you need ongoing care, the doctor will detail additional therapies to bring you back to health.
## They Determine Job Restrictions
Sometimes a serious job-related injury can cause disability that prevents you from doing your job. This can continue until you recover fully or [the disability might be permanent](https://www.ssa.gov/benefits/disability/qualify.html). The treating doctor will determine if you need time off to improve. They also will decide when you can go back and work safely.
It is essential to your health and your workers’ comp claim to listen to what your doctor says about job restrictions. Unfortunately, many injured parties attempt to go back to work too fast and aggravate the injury. This can negatively affect the workers’ comp claim.
For example, if you are a warehouse worker and pulled your back, taking the necessary time off is critical to let the muscles, tendons, and ligaments heal. On the other hand, going back to full duty too soon could make the muscle pull worse and lead to a disc or other injury. In addition, disobeying the doctor’s orders could negatively affect your workers’ comp payments.
## They Write A Medical Report For Your Company
After the doctor checks your workplace injuries, they will write an extensive medical report noting their findings. The report is sent to your employer’s workers’ comp insurance company. If you retained a Wisconsin workers’ comp attorney, they will also receive the report.
The doctor’s report will list your workplace injuries, how they happened, symptoms from the injuries, medical history, treatment plans, and job restrictions.
## They Decide Your Permanent Disability
When you get to maximum medical improvement, the treating doctor will check if you have a permanent disability. The treating physician’s conclusions are essential to determine what you will receive in disability benefits.
## Who Chooses The Workers’ Comp Doctor In Wisconsin?
[Wisconsin state law says](https://dwd.wisconsin.gov/wc/medical/med-treatment-selection.htm) that if you are hurt at work, you can choose a doctor to treat you. Wisconsin state law says you can select any licensed doctor. If you have an emergency, your company can make arrangements to get you treated. After the emergency, you can choose your treating physician.
State law also states that you can choose another if you are not confident about the first treating physician. You must tell your company about the situation, but they cannot object to the second doctor.
After the initial doctor change, the worker, employer, and workers’ comp insurance company must agree to any future changes. If the attending physician refers you to medical specialists, the referral is deemed treatment by a single doctor. If several physicians are seen in one clinic, this also is only one doctor.
## How Do You Choose A Treating Physician?
Wisconsin allows the patient to choose the treating physician in a workers’ comp case. You should take advantage of the opportunity; relying on the insurance company’s physician could lead to substandard medical care.
Some company physicians are excellent, but it is common for them to minimize costs for their employer. It is common for company and insurance doctors to spend less on diagnostic testing and offer fewer treatments. They also might send you back to work before you are ready. Company doctors also may argue that you have a preexisting condition. When choosing the treating physician, consider these factors:
- How much skill and experience they have in your type of injury
- What their specialty is
- How often they deal with workers’ compensation claims
- Whether they are willing to accept work injuries
- How close is the doctor to your home
- How available they are for appointments
Selecting a doctor familiar with Wisconsin’s workers’ comp laws is essential. If the doctor does not know the law, they can make errors that will damage your claim. For instance, your workers’ comp payments do not begin until the physician sends the correct forms to the insurance company saying you cannot work.
Also, some medical treatments and tests must be pre-approved, or the insurance provider will not cover them. Regular medical reports must be submitted so you can continue to receive workers’ comp payments.
## Contact Our Wisconsin Workers’ Comp Lawyers
After you are hurt on the job, you could have injuries that prevent you from doing your regular work. If so, you will need to go to the doctor to have your injuries evaluated. The treatments the doctor gives will have a significant impact on your case.
Our Wisconsin workers’ comp lawyers will work with your doctor to ensure you get the most money for your workers’ compensation claim. Our attorneys proudly serve injured clients in Wisconsin in Appleton, Brookfield, Fon du Lac, Kenosha, Madison, Manitowoc, Menomonee Falls, New Berlin, Oshkosh, and Wisconsin Rapids. [Contact Gillick, Wicht, Gillick & Graf](https://www.gillickwicht.com/Contact.shtml) today to learn how our lawyers can assist with your workers’ comp claim: (414) 257-2667.
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**Categories:** Workers' Comp Lawyer
**Tags:** workers'comp
---
### [Avoiding Slip and Fall Accidents in Wisconsin Winters](https://www.gillickwicht.com/avoiding-slip-and-fall-accidents-in-wisconsin-winters/)
**Published:** January 2, 2023
**Author:** admin
**Content:**
[Temperatures drop sharply](https://www.weather-us.com/en/wisconsin-usa-climate#climate_text_5) in January and February in Wisconsin, leading to slippery surfaces. You can avoid slip and fall accidents at your workplace by taking some precautions. While your employer also has a duty of care to prevent those accidents, you shouldn’t ignore your safety. If you sustained an injury at work, a Milwaukee workers’ comp attorney could ensure you get compensated.
## 8 Ways You Can Avoid Slip and Fall Accidents in Your Workplace
Some preventions and precautions can reduce your chances of slipping and injuring yourself at your workplace:
### 1. Shuffle Like A Penguin
Take short steps, focus on your feet, and remain flat-footed to maintain your center of balance on icy pavements and floors.
### 2. Walk Slowly
Slow down when you walk on ice or snow to prevent slips. Even if you usually walk slowly, slow it down further just to be safe.
### 3. Wear Appropriate Footwear
Heels and flats will not cut it in the winter. These don’t have the traction to keep you upright on slippery surfaces. Choose shoes with non-slip soles, low heels, deep and wide threads, or go with cleats.
### 4. Reduce Your Load
Take multiple trips to your car if you have to, but reduce your load. Your hands should be free as you walk on slippery surfaces – you can balance yourself if you are about to slip.
### 5. Monitor the Weather
Refreezing, freezing, and melting cycles are particularly dangerous. The chances of encountering black ice on your way to work or at the workplace are high during these times. Monitor the weather so you can wear appropriate footwear and take due precautions.
### 6. Reduce Distractions
Focus on where you place your feet when walking on slippery surfaces. Don’t have your phone to your ear and focus on the floor.
### 7. Step Down From Cars and Curbs
Parking lot slip and fall accidents are pretty common during Wisconsin winters. Reduce your chances by stepping out flat-footed from your car. Step down with both feet before standing up.
### 8. Walk on Marked Pathways
Shortcuts may not be treated with salt like marked paths may be. Avoid the former and choose the latter to avoid accidents. Keep some salt handy if you are in a hurry and need to take a shortcut.
## What Employers Should Do To Prevent Slip and Fall Accidents
Your employer has a duty of care to ensure your safety during winter. Here are some things that they should do to reduce slip and fall accidents:
- Downspouts and gutters should be redirected away from walkways so they don’t form pools that can freeze and cause accidents.
- Warn employees about [freeze and thaw cycles](https://www.epa.gov/climate-indicators/climate-change-indicators-freeze-thaw-conditions) so they can take necessary precautions.
- Reduce downward flow by plowing snow before walkway grades.
- Repair broken walkways. Uneven surfaces can collect water that can turn into slippery ice.
- Designate safe paths to walk to and from the office building, so workers don’t have to take hazardous shortcuts.
## Contact Our Milwaukee Workers’ Comp Lawyers For A Consultation Today
Are you searching for an experienced and professional [workers’ compensation attorney in Milwaukee](https://www.gillickwicht.com/workers-compensation)? [Contact Gillick, Wicht, Gillick, and Graf](https://www.gillickwicht.com/Contact.shtml) by dialing 414-257-2667. We represent workers injured by their employers’ negligence. A slip-and-fall accident can make you miss several work days and take a chunk out of your savings as you recuperate at home or the hospital. We can ensure you get compensated.
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**Categories:** Workers’ Compensation Attorney
**Tags:** slip and fall
---
### [Filing Workers' Comp Without A Lawyer Is Almost Always A Bad Idea](https://www.gillickwicht.com/filing-workers-comp-without-a-lawyer-is-almost-always-a-bad-idea/)
**Published:** December 19, 2022
**Author:** admin
**Content:**
You were walking in the warehouse at work and slipped in grease spots. As a result, you sprained your ankle and back and can’t work for a month. Should you hire a workers’ compensation attorney to file a claim with your employer’s insurance company?
While there are some situations where an attorney may be unnecessary, there are risks involved when dealing with the insurance company on your own. First, learn in this article why it is often not recommended to file your workers’ compensation claims without a lawyer. Then, speak to [Green Bay workers’ comp attorneys](https://www.gillickwicht.com/green-bay-workers-compensation-attorney.shtml) Gillick, Wicht, Gillick & Graf about filing for workers’ compensation benefits.
## What Are The Most Common Workplace Injuries?
There are many injuries Green Bay residents have at work, depending on the type of job. Experienced and well-trained employees can usually avoid mishaps on the job, but accidents still happen. Some of the most common on-the-job accidents we see at Gillick, Wicht, Gillick & Graf are:
- Neck and back injuries
- Spinal cord injuries
- Amputations
- Repetitive stress injuries
- Traumatic brain injuries
- Broken bones
- Electrocutions
- Burns
- Hearing loss
Whatever the workplace injury, it is critical to seek immediate medical attention. Establishing a medical record of the workplace injury is essential to file a workers’ comp claim later. Also, you need to [file the claim within two years under state law](https://dwd.wisconsin.gov/dwd/publications/wc/wkc-7580.htm), but sooner.
## Can You Handle A Workers’ Comp Claim Without An Attorney?
It is possible to handle the claim in minor accidents without a lawyer. If the following statements apply, a workers’ compensation attorney may not be needed:
- You had a minor injury that did not make you miss work
- Your company was understanding and helpful and said the injury was on the job, so they will ensure you get benefits.
- There is no preexisting condition in the injured body part
An attorney may not be needed if these statements apply. However, it is usually wise to have the case reviewed by a licensed Green Bay workers’ comp attorney. They will inform you if having an attorney would be beneficial. The attorney will not take a case that will not result in compensation for them.
## When Is It A Bad Idea Not To Hire A Lawyer?
We want to live in a world where injured workers do not have difficulty getting benefits after work accidents. However, there are many situations in Wisconsin where employers and insurance companies wrongfully deny workers comp benefits. If any of the following describe your case, contact a workers’ comp attorney today;
### The Company Denies The Claim
After your injury, notify the employer that you were injured at work. The company must contact their workers’ comp insurance provider and file the claim. If the employer does not follow up, it can be harder to receive benefits. An attorney can encourage the insurance company to get moving. If they fail, they can threaten a lawsuit.
### The Insurance Settlement Does Not Cover Your Damages
After a severe workplace injury, you could be off work for months. Then, if you are unable to work and have only part of your salary covered, you may need more than the insurance settlement to provide for your needs.
A judge must approve every workers’ compensation settlement. But many judges will sign off unless it is highly unfair. As a result, many claims are settled and signed off on but still not enough to cover your damages and losses.
### You Have A Permanent Disability
You can have either [permanent partial or total disability](https://www.ssa.gov/policy/docs/ssb/v65n4/v65n4p16.html). If you are partially disabled, you can still do work but not in the same way and amount as before. A total disability means you cannot ever work again. Long-term disabilities are costly, and your attorney is needed to ensure you have the funds to live without being able to work.
### You Have A Pre-Existing Condition
An attorney is often needed if the injured party has a [pre-existing condition](https://amtrustfinancial.com/ana-blog/blog/small-business/january-2020/preexisting-conditions-workers-compensation) affecting the injured body part. For example, if you slipped and hurt your back, the case is complicated if you had a slipped disc injury the year before. The insurance provider may argue that your injury is related to the preexisting condition, and they will deny coverage.
Fortunately, a lawyer can be a massive help in this circumstance. They may provide conclusive medical evidence that your disability was caused by a workplace injury, not a pre-existing condition.
### The Employer Fires Or Discriminates Against You
It is against state and federal law for a company to fire or discriminate after you file for workers’ compensation. Common retaliation after filing a claim could be cutting your hours, putting you in a lesser position, harassing or even firing you.
By law, injured workers are allowed to get workers’ comp after a workplace injury. However, if the employer is retaliating against you, it is time to hire an attorney.
Workers’ compensation attorneys can review your case without cost to determine if legal action is warranted. If the attorney takes the case and obtains compensation for you, they are paid from the settlement. Most injured workers do not pay out of pocket for their lawyers, so there is nothing to lose and a lot to gain.
## Contact Green Bay Workers’ Comp Attorneys Today
After a workplace accident, contacting the HR department and filing a workers’ compensation case on your own can be tempting. Many might assume their insurance company’s best interests will treat them fairly. This is an unwise assumption.
Workers’ comp insurance companies stay in business by paying less than possible in claims. Therefore, you will not get nearly as much money filing without a lawyer. With the help of Green Bay workers’ compensation lawyers, you can get more money for a longer time.
Our workers’ compensation lawyers in Green Bay also work with injured workers in the following communities: Milwaukee, Appleton, Brookfield, Fon du Lac, Kenosha, Madison, Manitowoc, Menomonee Falls, New Berlin, Oshkosh, and Wisconsin Rapids. [Contact Gillick, Wicht, Gillick & Graf](https://www.gillickwicht.com/Contact.shtml) today to learn how our attorneys can help with your claim: (414) 257-2667.
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**Categories:** Workers’ Comp Attorney
**Tags:** workers' comp
---
### [Why You Should Never Be Afraid Of Filing A Workers' Compensation Claim](https://www.gillickwicht.com/why-you-should-never-be-afraid-of-filing-a-workers-compensation-claim)
**Published:** December 5, 2022
**Author:** admin
**Content:**
You are working in the office in Milwaukee on Tuesday. You slip and go head over heels. As a result, you injure your back, neck, and hands. Suddenly, you cannot work for weeks. What will you do?
Your Milwaukee employer must usually have workers’ compensation insurance for workplace accidents. But many injured Milwaukeeans are leery of filing workers’ comp. They might be afraid they will get fired for filing or they do not think they will get significant compensation.
However, it would be best if you never were afraid of filing a workers’ compensation claim after a workplace injury. Learn more about filing a claim below, then speak to [Milwaukee workers’ compensation lawyers](https://www.gillickwicht.com/workers-compensation) Gillick, Wicht, Gillick & Graf for more information.
## Workers’ Comp Does Not Mean Suing Your Employer
It is understandable – many injured workers think filing [Wisconsin Workers Compensation](https://dwd.wisconsin.gov/dwd/publications/wc/wkc-7580.htm#:~:text=An%20employee%20who%20is%20injured,training%20in%20the%20use%20of) is suing their employer. Every Wisconsin company has employees and must have workers’ comp according to state law. A claim filed after a workplace accident is against the insurance company, not your employer.
A workers’ compensation claim does not have a direct legal effect on your company. So while there is a chance their premiums could rise, it usually is not significant. The only exception is if the firm has had many workers’ compensation claims over several months or a few years.
## A Workers’ Comp Claim Does Not Affect Your Job
This is an understandable but inaccurate fear. It is illegal for your company to fire you for filing workers’ compensation. If that happens, talk to a Milwaukee Workers’ comp attorney immediately. They may be able to file a lawsuit against your company for discrimination under the Americans With Disabilities Act.
## Filing Will Not Affect Future Employment
Perhaps your current employer cannot fire you for filing workers’ comp, but what about when switching jobs? Will your new employer find out about the claim and avoid hiring you?
No. It is also against the law for a company to not hire you because of a past workers’ comp claim. According to the [American With Disabilities Act](https://www.ada.gov/), this is against the law.
You should be honest about why you were out of work with your new company. For example, it may have taken three months for your hands, back, and neck to heal after a fall. So, you stayed at home, collected workers’ compensation, and healed for several months. There is nothing wrong with healing from injuries caused at work. Remember, it is the employer’s responsibility to provide you with a safe workplace.
It is usually best to be honest with a new employer about your accident. You may find it best to speak about the workers’ compensation case while you are still being interviewed. Some workers let the firm find out on their own, but that can create problems and confusion. Honesty is the best policy.
## Do Companies Hold Jobs For Injured Workers?
What about job security? Will your company hold your job open or give it to someone else? Wisconsin employers cannot eliminate you because of a workplace injury. Workers’ comp insurance is in place to prevent this.
If you think your employer eliminated your job while you were injured, a Milwaukee workers’ comp lawyer can help you.
## Can An Employer Ask If You Have Filed Workers’ Compensation?
It is also against the law for an employer to ask if you have ever filed a claim. The ADA states there is a limit on the questions a company can ask about your disability. The employer may state job requirements that will affect your hiring likelihood. For instance, if it is a warehouse job, they can say you must be able to lift up to 50 pounds during the workday.
This question can filter out applicants who cannot meet the job requirements. However, it also can be a way to weed out people with a workplace injury recently.
It is understandable if you are concerned about filing a claim, but there are state and federal laws to keep employers in line. Do not allow the fear of filing a claim to prevent you from seeking the compensation you deserve to heal and recover.
## What Does Workers’ Compensation Pay You?
If you are temporarily disabled in Wisconsin after a workplace injury, you may receive up to 2/3 of your average weekly pay before you were hurt. This amount can be up to $1,051 as of 2020. The payments for temporary disability last until you go back to work or your physician states you have gotten to maximum medical improvement.
If you are permanently partially disabled, your doctor must determine that and inform the insurance company. While the amount you receive in Wisconsin, in this case, is also 2/3, the maximum is lower than if you are temporarily disabled. The maximum amount in this case as of 2020 was only $360 per week.
You may receive total permanent disability if the injury prevents you from doing any work. Some injuries that may qualify are loss of eyes, arms, legs, and other damages. Talk to your attorney for more information when you have the case reviewed.
## Contact Our Milwaukee Workers’ Comp Lawyers
Most people go through their workday without thinking about what they would do if injured on the job. How do you pay your daily living expenses and get the necessary medical care? While many injured workers file a workers’ compensation claim alone, they may get much less money than they should.
Milwaukee workers’ compensation lawyers know how to get as much money for injured workers as possible. They will negotiate aggressively with your insurance company to obtain the money you need for a full recovery.
Our Milwaukee workers’ compensation lawyers are pleased to work with injured employees in Milwaukee, Appleton, Brookfield, Fon du Lac, Green Bay, Kenosha, Madison, Manitowoc, Menomonee Falls, New Berlin, Oshkosh, and Wisconsin Rapids. [Contact Gillick, Wicht, Gillick & Graf](https://www.gillickwicht.com/Contact.shtml) today for a free workers’ comp consultation: (414) 257-2667.
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**Categories:** Worker’s Compensation Lawyer
**Tags:** workers' comp
---
### [What Are The Most Common Injuries In Workers' Comp Cases?](https://www.gillickwicht.com/what-are-the-most-common-injuries-in-workers-comp-cases/)
**Published:** October 18, 2022
**Author:** admin
**Content:**
Workplace injuries can happen to anyone in any industry. [The US Bureau of Labor Statistics (BLS)](https://www.bls.gov/news.release/osh.nr0.htm) reports 2.9 million nonfatal on-the-job illnesses and injuries in 2016 alone. If you are injured in a workplace, Wisconsin workers’ compensation can help you receive necessary medical care and wage benefits during the recovery.
Many common injuries and illnesses can trigger a workers’ comp claim. Continue reading to learn more about Wisconsin workers’ comp and common injuries. Also, if you have questions about a workers’ comp case, please contact the [Waukesha workers’ comp lawyers](https://www.gillickwicht.com/about/waukesha-workers-compensation-attorney.shtml) Gillick, Wicht, Gillick & Graf at (414) 257-2667.
## Wisconsin Workers’ Compensation Overview
All Wisconsin employees who work for an employer with at least three workers are protected by the [Wisconsin Workers’ Compensation Act](https://dwd.wisconsin.gov/dwd/publications/wc/wkc-7580.htm). Companies with fewer than three employees are covered if they pay at least $500 per quarter in one year.
Most Wisconsin employees, including private and public employers, are covered under the state’s workers’ comp laws. Employees that are not covered include federal workers, as well as employees of interstate railroads. Other exceptions to the law’s workers’ comp insurance requirement are:
- Volunteers
- Domestic servants
- Anyone whose job is not in the business, profession, trade, or occupation of the employer
- Some farm workers
Proving that your injury or illness is job-related means proving you suffered the condition during an accident or incident at work. If you suffer from an occupational disease, you may qualify for workers’ comp insurance for:
- A medical condition that was caused by your job, such as asbestosis or mesothelioma from asbestos exposure
- Diseases that are associated with an occupation
- Illnesses that happen from the employee being at a higher risk for the disease than the public
If you wait too long, your employer may contest your claim. If you have questions about whether you are covered under the Wisconsin Workers Compensation Act, [contact Our Waukesha workers’ comp lawyer](https://www.gillickwicht.com/about/dennis-wicht.shtml).
Some of the most frequent workplace injuries include:
## Sprains and Strains
A sprain is a torn or stretched ligament, and a strain is a torn or stretched muscle or tendon. Falling, twisting, and pulling may lead to a strain or strain injury at work. One of the most common ways workers strain or sprain their back or other body parts is improper lifting.
Another cause of strains and sprains is incorrect ergonomics when working at a desk, assembly line, or another workplace environment that involves repetitive motions. Also, workers can strain their back or neck if they work in a way that leads to being in an awkward posture for long periods.
## Herniated Disc
The spine has discs between each vertebra, and every disc has a soft center and protective coating. When the protective layer is torn, the disc center herniates and presses on spinal nerves.
This injury is common as we age but can also happen at work. Frequent workplace accidents that may herniate a disc are lifting heavy objects, slip and fall accidents, and repetitive motion. This severe back injury could take months of recovery, so seek treatment immediately.
Employers should regularly train employees to review environmental awareness and correct ergonomics to avoid herniated discs and other back injuries. For example, workers should examine the weight of a heavy object before lifting or moving it. One moment’s inattention can lead to a severe injury.
## Eye Injuries
Eye and face protection is essential to safeguard against workplace chemical and environmental hazards. Therefore, your employer should regularly perform a workplace hazard assessment. They also should give safety training to every worker who needs eye and face protection.
## Bruises
A bruise is a contusion or mark on the skin. It is caused by blood trapped below the skin that damages tiny blood vessels but does not penetrate the skin. On the job, contusions often occur because the worker lifts a heavy object incorrectly. Bruises also happen when a worker runs into a stationary object.
## Burns
Burns may happen at work from chemicals, heat, steam, electricity, radiation, or sunlight. Burn injuries often occur in restaurants, bars, manufacturing, and production facilities. Some burns also happen when employees inhale chemical fumes or smoke.
There are many types of burn injuries, depending on the industry. Therefore, your employer should hold regular safety training on avoiding thermal, electrical, chemical, and other burns.
## Pinched Nerve
A pinched nerve can be a debilitating on-the-job injury. They may occur in many situations. For example, repetitive hand and finger motions when using machinery can cause a pinched nerve over weeks or months.
Some pinched nerves may heal after resting for a few days, but you should get medical attention when you feel pain. If the pinched nerve is untreated, it can permanently damage the nerve.
## Punctures
Workers may suffer a puncture wound when handling a tool such as scissors or a knife. Nails, splintered surfaces, and glass also can cause puncture wounds. Further, working with a tool with a dull blade can cause a deep puncture wound.
## Lacerations
A tear or deep cut in the flesh or skin is a laceration. A laceration injury can happen in almost any workplace, but they occur when the employee is hurrying to complete a job before the shift ends. They also happen when the worker’s attention strays from the task.
You may avoid lacerations by keeping your work area neat and never leaving tools and equipment in the open. In addition, companies should educate their workers about always wearing the safety gear needed for the job.
## Contact Waukesha Workers’ Comp Lawyers
How would you pay the bills if you were hurt on the job? You could file a workers’ comp claim on your own. However, many injured workers do not get as much compensation as attorneys handling their claims. Our Waukesha workers’ comp lawyers can help you maximize your benefits.
We represent workers’ comp clients in Waukesha, Milwaukee, Appleton, Brookfield, Fon du Lac, Green Bay, Kenosha, Madison, Manitowoc, Menomonee Falls, New Berlin, Oshkosh, and Wisconsin Rapids. [Contact Gillick, Wicht, Gillick & Graf](https://www.gillickwicht.com/Contact.shtml) immediately for a free workers’ comp consultation or call (414) 257-2667.
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**Categories:** Workers' Comp Lawyer
**Tags:** workers' comp
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### [Things That Can Destroy Your Workers' Comp Case](https://www.gillickwicht.com/things-that-can-destroy-your-workers-comp-case/)
**Published:** October 10, 2022
**Author:** admin
**Content:**
Wisconsin adopted the [Workmen’s Compensation Act in 1911](https://oci.wi.gov/Pages/Consumers/WorkersComp.aspx). The law’s purpose was to mandate employers to pay employees for job-related injuries. Today, however, it is estimated that at least 25% of workers’ comp claims are initially denied. You could endure severe physical and financial consequences if your case is denied or delayed. Injured workers need excellent medical care and temporary wage replacement.
When there is so much on the line, handling your workers’ comp case effectively is vital, so it is approved quickly. Below are details about how certain mistakes can damage or destroy your workers’ compensation claim. Talk to experienced [Milwaukee workers’ comp lawyers](https://www.gillickwicht.com/workers-compensation) to avoid these problems.
## Not Reporting Your Workplace Injury
It is recommended in Wisconsin to [inform your employer within 30 days of when the injury happened at work](https://dwd.wisconsin.gov/dwd/publications/wc/wkc-7580.htm#:~:text=Time%20Limit%20Of%20Two%20Years,its%20relation%20to%20the%20employment.). Or you should tell your company within 30 days of when you find out that you have a job-related disorder or disease.
Waiting more than 30 days to report your injury weakens your credibility and the claim’s validity. It is always better to report your injury in writing to your employer as soon as you become aware of it.
## Not Getting Medical Attention
A workers’ comp claim is based on the idea that you were hurt on the job because of workplace conditions. If you do not seek prompt medical care after the injury, it looks like you were not injured.
Also, not following your doctor’s treatment plan suggests the injury is not bad enough to justify compensation. So remember to attend every doctor appointment and follow the treatment plan to receive maximum compensation.
## Agreeing to a Fast Workers’ Comp Settlement
Insurance companies always want to save as much money as possible on injury claims. Therefore, the insurance adjuster may offer a fast, low settlement. The idea is to test how desperate you are for money and whether you have retained a workers’ comp lawyer. Unfortunately, many injured parties who need money and do not have a lawyer may settle too quickly.
As an injured worker, you should be aware of your legal rights and the approximate value of your claim. Remember that the settlement is final once you sign the release document. Therefore, that is always wise to have your case reviewed by a [Milwaukee workers’ comp attorney](https://www.gillickwicht.com/about/dennis-wicht.shtml) before agreeing to settle your claim.
## Not Talking to an Attorney
Most of us are worried about what an attorney costs. In Wisconsin though, workers’ compensation lawyers only get paid if they win money for you. Additionally, an experienced workers’ comp lawyer can make a huge difference in your ultimate compensation for your injuries. Your lawyer understands Wisconsin workers’ comp laws and employees’ rights and knows how to negotiate with stingy insurance companies.
## Lying to Anyone About Your Injury
Always telling the truth about the injury and how it happened is vital. Do not lie to your physician, employer, or insurance company about anything involving your claim. They will probably find out one way or another, and when they do, your claim will be reduced or denied.
## Letting the Workers’ Comp Insurer Determine Your Benefits
Most workers who file a claim on their own let the insurance adjuster determine the benefit. The insurance company could calculate things correctly, but it is best to verify everything. Check their calculations, or hire an attorney to do so.
This is even more critical regarding Wisconsin disability benefits. Temporary and permanent benefits are calculated in different ways. How much you receive depends on the injury and other factors. The insurance company may pay less than you deserve, so always recheck all calculations.
## Putting Inaccurate Information on the Injury Report
Your injury report must be accurate. Never make assumptions about your injury. Even if you accidentally offer false information, this can cause delay or denial.
## Not Filing the Claim on a Timely Basis
You should file your workers’ comp claim within 30 days of the date of injury. Additionally, you must file the claim within six years for a traumatic injury or 12 years for an occupational disease.
## Going Back to the Job Too Soon
Even if you feel okay enough to return to work, you should take it easy if your doctor says so. Broken bones, torn ligaments, tendonitis, and other common workplace injuries take time to heal. Going back to work can damage your recovery.
## Talking to the Workers’ Comp Insurance Company
Every insurance company representative will pretend to be your best friend and on your side. They all work for the insurance company and look out for its interests. Their goal is to pay as little on your claim as possible. The insurance adjuster will probably call you and try to glean information about the case so they can use it against you later.
You should only give basic information to the insurance adjuster. This would include a brief summary of how the injury happened and what injuries you sustained. Do not offer more information than is asked for. Also do not offer any information that you are not sure of.
## Not Getting Medical Care
You need to undergo appropriate medical treatment to receive workers’ comp for your injuries. While you can choose the doctor, you must have a medical examination and treatment for your injury. The doctor also must verify the injury is related to your work. If the insurance company asks for you to attend an independent medical exam by another provider, you need to do that, too.
## Contact Milwaukee Workers’ Comp Lawyers
Were you hurt in the workplace recently? You may be overwhelmed with anxiety and concern for your health and finances. Unfortunately, most workers do not have the legal experience to understand workplace injury claims. Our workers’ comp attorneys stand ready to help you with your case.
Our Milwaukee workers’ comp lawyers represent clients in Milwaukee, Appleton, Brookfield, Fon du Lac, Green Bay, Kenosha, Madison, Manitowoc, Menomonee Falls, New Berlin, Oshkosh, Waukesha, and Wisconsin Rapids. [Contact Gillick, Wicht, Gillick & Graf](https://www.gillickwicht.com/Contact.shtml) today for a complimentary consultation at (414) 257-2667.
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**Categories:** Workers' Comp Lawyer
**Tags:** workers' comp
---
### [Supreme Court Denies Reimbursement For Medical Marijuana in Workers' Comp Cases](https://www.gillickwicht.com/supreme-court-denies-reimbursement-for-medical-marijuana-in-workers-comp-cases/)
**Published:** September 19, 2022
**Author:** admin
**Content:**
Earlier this summer, the U.S. The Supreme Court denied petitions brought by injured Minnesota workers whose intent was to be reimbursed by workers’ compensation for medical marijuana, according to the [National Law Review](https://www.natlawreview.com/article/us-supreme-court-refuses-to-hear-medical-cannabis-workers-compensation-case).
In order to circumvent an earlier decision by the Minnesota Supreme Court, which concluded that the Controlled Substances Act (CSA) preempted Minnesota law—and therefore denied reimbursement of medical marijuana, the two petitioners requested that the Supreme Court hear their case.
## Supreme Court Inconsistent Ruling On Medical Marijuana
The Supreme Court, which has been inconsistent in this matter with other states, invited the U.S. Department of Justice to essentially make the decision for the Court. The Department of Justice, whose stance on marijuana has resulted in hundreds of thousands of cannabis possession charges over the years, agreed with the Minnesota Supreme Court: that the CSA preempts state law. Therefore, the Supreme Court refused to even hear the injured Minnesota workers’ case.
### But Other States Have Been Successful
In 2014, the New Mexico Court of Appeals found that reimbursement of medical marijuana did not preempt the CSA. As such, medical marijuana is now available for injured workers who are in pain and need relief. As long as the use of medical marijuana is “reasonable and necessary care,” injured workers can submit workers’ compensation claims for reimbursement.
California, New York, New Hampshire, and New Jersey have also been successful, and have authorized workers’ compensation reimbursement for medical marijuana to injured workers. Unfortunately, Minnesota now joins states such as Maine and Massachusetts, which have, so far, failed to authorize medical marijuana reimbursements.
### The Argument for Medical Marijuana
Marijuana has been used for centuries ([dating back to 2800 B.C.](https://www.sydney.edu.au/lambert/medicinal-cannabis/history-of-cannabis.html)) to treat various ailments. But when it became classified as a Class I controlled substance under the Controlled Substance Act of 1970—alongside cocaine and heroin—marijuana became tarnished as an addictive, dangerous, gateway drug.
While THC—the psychoactive chemical in marijuana—can significantly alter a person’s cognitive state, many people find benefits to using marijuana to control pain, nausea, and appetite loss. According to the [Mayo Clinic](https://www.mayoclinic.org/healthy-lifestyle/consumer-health/in-depth/medical-marijuana/art-20137855), medical marijuana is often used by patients with the following diagnoses:
- Severe and chronic pain
- Amyotrophic lateral sclerosis (ALS)
- Crohn’s disease
- Multiple sclerosis and muscle spasms
- HIV/AIDS
- Multiple Sclerosis
- Post Traumatic Stress Disorder
- Muscle spasms
- Epilepsy and seizures
- Glaucoma
- Wasting syndrome
- Anorexia
- Alzheimer’s
- Severe nausea, vomiting, appetite loss, and other side effects of cancer treatments
Marijuana has proven to help treat various illnesses by reducing anxiety, decreasing inflammation, relieving pain, reducing nausea, and relaxing muscles. It can also stimulate appetite for those struggling with eating disorders, and those being treated for AIDS and cancer. There is some evidence that marijuana can help kill cancer growth, thereby slowing the growth of tumors.
### Medical Marijuana as an Alternative to Opioids
The most common use of medical marijuana is to treat chronic pain—pain that has persisted for more than 12 weeks. More than 76,000 Americans died from opioid overdoses in 2021, according to the [CDC](https://www.cdc.gov/nchs/pressroom/nchs_press_releases/2021/20211117.htm)—an increase of 20,000 from the previous year.
Many of the people who overdose on opioids (which include hydrocodone, oxycontin, fentanyl, and heroin) were originally prescribed an opioid painkiller to manage their acute or even chronic pain. Hundreds of thousands of Americans end up becoming addicted every year. Medical marijuana stands as a relatively safe alternative to opioid painkillers because it is not physically addictive and it is not possible to overdose on it.
### Seeking Relief Through Workers’ Compensation
Injured workers have the right to pursue workers’ compensation benefits by informing their employer about their injury or illness, contacting an attorney, and filing a workers’ compensation claim, seeking benefits through their employer’s workers’ compensation insurance carrier. Benefits include partial wage replacement while you are off the job, medical treatment for your injury or illness, transportation expenses to and from your treating physician, permanent partial disability, and vocational training if you cannot return to work.
### Why You Need to Work With A Workers’ Compensation Attorney
An experienced Wisconsin workers’ comp lawyer will not only assist with filing the actual workers’ comp claim appeal, but they will provide invaluable legal service aimed at receiving the highest amount of wage compensation and medical care. This is accomplished by:
- **Gathering Documents and Medical Evidence**—Medical evaluations are the number one way to prove the severity of an injury. All pertinent medical documents must be filed with the claim.
- **Negotiating Settlement Agreements**—Your employer/insurance carrier is likely to attempt to limit or fully withhold benefits in order to save money. A lawyer provides the negotiating power needed to receive fair treatment and full workers’ comp benefits.
- **Representing You in a Court Hearing**—If no settlement agreement is reached, the case will be resolved in court. You need an attorney who has experience arguing before the court, and who will do everything in their power to ensure success for you and your family.
- **Filing a Personal Injury Lawsuit if Applicable**—In some cases, you may be able to seek additional damages that extend beyond workers’ comp benefits. A personal injury claim would allow you to recover damages relating to pain and suffering, full lost wages, emotional distress, and more.
## Call a Wisconsin Workers’ Compensation Lawyer Today For Help
If your workers’ comp claim was denied, or your benefits were reduced or revoked by your employer without your consent, you need to contact a [Wisconsin workers’ comp lawyer](https://www.gillickwicht.com/workers-compensation). We can help you get the financial aid and medical treatment that you are fully entitled to.
Your employer or a faceless insurance adjuster should not have the final say in your health or well-being. Do not hesitate to call [Gillick, Wicht, Gillick & Graf](https://www.gillickwicht.com/) at 414-257-2667 to schedule a free consultation today. We stop at nothing to ensure that our clients are awarded the benefits they deserve.
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**Categories:** Worker’s Compensation Lawyer
**Tags:** medical marijuana, worker's compensation
---
### [What Occupations Have the Most Workers' Compensation Claims?](https://www.gillickwicht.com/what-occupations-have-the-most-workers-compensation-claims/)
**Published:** September 5, 2022
**Author:** admin
**Content:**
Injured workers deserve compensation, in fact, they are entitled to it. Your employer pays a monthly premium for workers’ compensation insurance with funds that you and your coworkers helped your employer accrue so that any workplace injury or illness that an employee suffers can be treated by a medical professional. Workers’ compensation also pays for partial wage replacement and vocational training.
## The Top 10 Most Dangerous Jobs in America
According to [Industrial Safety News](https://www.ishn.com/articles/112748-top-25-most-dangerous-jobs-in-the-united-states), the following jobs are the most dangerous in terms of fatalities per 100,000 workers:
1. Logging (111 deaths per 100,000 workers)
2. Pilots and flight engineers (53 deaths per 100,000 workers)
3. Derrick operators in oil, gas, and mining (46 deaths per 100,000 workers)
4. Roofers (41 deaths per 100,000 workers)
5. Refuse collectors (34 deaths per 100,000 workers)
6. Ironworkers (29 deaths per 100,000 workers)
7. Delivery drivers (27 deaths per 100,000 workers)
8. Farmers (26 deaths per 100,000 workers)
9. First-line firefighter supervisors (20 deaths per 100,000 workers)
10. Power linemen (20 deaths per 100,000 workers)
Other notably dangerous occupations include agricultural workers, crossing guards, crane operators, construction helpers, landscaping supervisors, highway maintenance workers, cement masons, small engine mechanics, supervisors of mechanics, heavy vehicle mechanics, grounds maintenance workers, police officers, maintenance workers, construction workers, and mining machine operators.
While these are the most dangerous jobs in terms of fatal injuries, they do not necessarily make up the largest numbers of workers’ compensation claims compared to commercial vehicle drivers (another dangerous position) there simply are not that many loggers, for example.
## The Top 10 Private Industries With the Most Injuries and Illnesses
According to the [Insurance Information Institute](https://www.iii.org/fact-statistic/facts-statistics-workplace-safety-workers-comp), the following 10 occupations account for 38.3% of all workplace injuries and illnesses. The number of injuries and/or illnesses is denoted in parentheses.
1. Nursing assistants (96,480)
2. Registered nurses (78,740)
3. Laborers, freight, stock, and material movers (64,930)
4. Truck drivers, both heavy and tractor-trailer (43,500)
5. Stockers and order fillers (31,280)
6. Licensed practical nurses and licensed vocational nurses (29,230)
7. Retail salespersons (28,110)
8. Personal care aides (27,750)
9. Production workers (26,850)
10. General maintenance and repair workers (23,400).
### Common Types of Workplace Injuries
The most common types of workplace injuries are those caused in trip-and-falls, being struck by an object such as a falling tool, motor vehicle collisions, overexertion, and repetitive movements. Examples of these injuries include:
- Concussion
- Tendonitis
- Torn ligament or torn tendon
- Muscle tears
- Sprained ankle or wrist
- Herniated or bulging disc
- Fracture to the rib, arm, or leg
- Small bone fractures include the hands, feet, or nose
- Chronic back pain
- Chronic neck pain.
Any one of these injuries can result in days or weeks off work, expensive hospital or doctor visits, and substantial problems throughout other aspects of the worker’s life. A muscle tear may not seem like a big deal to an employer who is not experiencing the employee’s pain., It can be debilitating for a construction worker or warehouse worker who depends on their body performing to a high degree day in and day out.
No matter the injury, it deserves to be treated by a medical professional, and the injured worker should allow the injury to heal as much as possible before returning to their job duties. This can only be possible by seeking workers’ compensation benefits.
Life-threatening and life-altering injuries require lengthy hospital stays, rehabilitation, and possibly vocational training to set the injured worker on a new career path that is in line with their potentially permanent disability. Examples of catastrophic injuries and permanent injuries include:
- Loss of a finger or toe
- Larger amputation injuries
- Traumatic brain injury
- Spinal cord injury
- Fractured vertebrae not resulting in a spinal cord injury
- Electrocution
- Internal organ perforation or damage
- Severe and/or multiple bone fractures
- Scarring and disfigurement to the face
- Substantial vision or hearing loss and
- Severe burns
### Most Common Workplace Illnesses
While you cannot seek workers’ compensation for the common cold you picked up at work, you can seek partial wage replacement, medical coverage, and other damages if you were exposed to a substance or other harmful work environment that caused you to become seriously ill. Examples of these workplace illnesses include:
- Cardiovascular disease
- Chronic obstructive pulmonary disease (COPD)
- Cancer
- Hearing loss and
- PTSD.
If you were exposed to a toxic substance on the job, such as asbestos (and you were diagnosed with mesothelioma), you may also be able to file a toxic tort against your employer. Not only would you be able to seek immediate financial relief through the workers’ compensation claim, but you would also be able to seek personal injury damages, such as loss of joy of life, emotional distress, pain and suffering, full lost wages, and lifetime earnings, and more.
### Complications Involved in Proving a Repetitive Strain Injury (RSI)
Repetitive strain injuries (RSIs) are one of the leading types of occupational injuries. Examples of RSIs include the following:
- Carpal tunnel syndrome
- Trigger finger
- Fibromyalgia
- Tennis elbow
- Focal hand dystonia
- White finger syndrome
- Herniated disk
- Neuropathic pain
- Degenerative arthritis
RSIs are typically composed of small tears in tendons, the wearing away of cartilage, an overactive pain pathway, or other damage to soft tissue. RSIs are hard to diagnose because their severity and pain is often not accurately displayed through X-ray or MRI imaging, and it is easy for your employer to argue that the injury was caused somewhere else—not on the job.
After all, RSIs take weeks or years to develop. It is vital that you work with an experienced Milwaukee workers’ compensation attorney if you have been diagnosed with a repetitive strain injury so that you are awarded the compensation to which you are entitled.
## Call a Milwaukee Workers’ Compensation Lawyer Today
Employers and insurance carriers often deny benefits in an attempt to save money. This is why you need to reach out to an experienced [Milwaukee workers’ compensation attorney](https://www.gillickwicht.com/workers-compensation). Here at [Gillick, Wicht, Gillick & Graf](https://www.gillickwicht.com/), we handle all types of workers’ comp claims and can help you obtain the benefits you need to get back on your feet. Call us at 414-257-2667 to schedule a free consultation today.
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**Categories:** Workers’ Compensation Attorney
---
### [Things You Can Do to Help Your Workers' Compensation Claim](https://www.gillickwicht.com/things-you-can-do-to-help-your-workers-compensation-claim/)
**Published:** August 1, 2022
**Author:** admin
**Content:**
Employers, through their workers’ compensation insurance carriers, have a legal obligation to pay for your medical bills and part of your lost wages if you got hurt on the job. But that does not mean they will. In fact, they have been known to do everything in their power to diminish their employee’s workers’ compensation benefits. They do this by claiming that the injury happened away from work, the employee is exaggerating the injury, or that the injury was a pre-existing condition.
As such, it is up to you—the injured employee—to do everything in your power to prove that you were injured at work and that you require the highest possible medical care. Your employer, through their insurance company, must pay the wage-replacing benefits that you are owed. The following steps, are crucial in ensuring that you are treated fairly throughout this process and that your claim is accepted.
## Report the Injury as Soon as Possible
It is always in your best interest to report an injury or illness to your employer as soon as possible. For some, this might mean the same day that the injury occurred. For others, who are not fully aware of the extent of the injury until later, this can mean weeks or months later. According to the [Wisconsin Department of Workforce Development](https://dwd.wisconsin.gov/dwd/publications/wc/wkc-7580.htm#:~:text=An%20injured%20employee%20should%20give,its%20relation%20to%20the%20employment.), you should report your injury to your employer within 30 days of the injury, or within 30 days of your own knowledge of the injury/illness.
However, you have up to two years to report the injury in some cases, as with many types of repetitive strain injuries (carpal tunnel syndrome, arthritis, white finger syndrome). For example, a herniated disc is most often caused by the gradual degradation of the disc, according to the [Mayo Clinic](https://www.mayoclinic.org/diseases-conditions/herniated-disk/symptoms-causes/syc-20354095#:~:text=Disk%20herniation%20is%20most%20often,cause%20of%20their%20herniated%20disk.), which may have happened at work over the course of months or years. While the disc may have herniated at home, while you were tying your shoe, the actual cause of the injury could have happened at work due to the physical labor you performed on the job. Workplace illnesses resulting in cancer and other illnesses caused by toxic exposure are also usually reported at later dates.
### Seek Medical Treatment as Soon as Possible
The next step in creating and collecting evidence in support of your injury is seeking medical care. If the injury was life-threatening, you already completed this step. But for many on-the-job injuries, employees are worried not just about reporting the injury but are afraid that by seeking medical care, they will end up with thousands of dollars in doctor or hospital bills.
This may be true; you might have to spend a fair amount of money out of your own pocket, especially if you do not have health insurance, to receive the medical care you need. However, it is impossible to prove the extent of your injuries if you do not see a physician. This initial medical treatment is necessary for any successful workers’ compensation claim, and evidence in support of your injury can include:
- Physician diagnosis
- X-rays
- MRI and CT scan reports
- Other test results.
Furthermore, workers’ comp benefits will pay for this initial medical treatment, in addition to future medical care. You should not be stuck with the bill because of an injury that occurred on the job or because of the work you do, such as repetitive strain injuries.
### Do Not Jeopardize Your Claim
As horrible as it may be, your employer’s insurance company may use private investigators to surveil you. They will be on the lookout for anything that can be used to disprove your claim of injury. For example, if you hurt your back and are suffering from a herniated disc, an incriminating scene would be for the insurance company to learn that you played 18 holes of golf later that week. Social media evidence can also be used against you. During this time, it is wise to refrain from posting pictures and updates on social media, even if they are about your injury. Talk to your attorney about this further before you discuss your condition in detail over the web.
### Keep in Mind You May Have to Attend an Independent Medical Examination
An independent medical examination (IME) is anything but independent. During an IME, a doctor (who is paid by your employer’s insurance company) examines your injury and analyzes prior health records, such as X-rays or MRI results. The insurance company uses this type of inspection when they desire to terminate or minimize your workers’ compensation benefits, not because they are actually concerned about your health or well-being. You must attend most independent medical examinations, and it is wise to discuss any potential IMEs with an attorney before you attend.
### Hire a Wisconsin Worker’s Compensation Attorney
Attorneys are invaluable when it comes to workers’ comp claims. An attorney will provide the following services.
- File all workers’ compensation claim paperwork
- Gather and submit medical evidence needed to prove the seriousness of your injury or illness
- Advise you on what to do and what not to do in the coming months
- Negotiate workers’ comp settlement claim
- File an appeal if your claim is denied
- Represent you during any potential hearings
There is no downside to hiring an experienced Wisconsin workers’ compensation attorney. A workers’ compensation lawyer will not cost you anything to hire; there is no fee unless you win money.
### Call a Wisconsin Workers’ Compensation Lawyer Today
It is a daunting task to file a workers’ compensation claim on your own. It is even more difficult to appeal a denied claim or receive the full compensation that your injury deserves if you choose to forgo legal assistance. A workers’ compensation lawyer greatly increases your chance of success when it comes to medical care, fair wage replacement, and other benefits, such as vocational training. We urge you to call Gillick, Wicht, Gillick & Graf today at 414-257-2667 to schedule a free consultation with one of our Wisconsin workers’ compensation lawyers.
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**Categories:** Workers’ Compensation Lawyer
**Tags:** worker's compensation
---
### [What Do I Do When Workers' Compensation Ends and I'm Still Disabled?](https://www.gillickwicht.com/what-do-i-do-when-workers-compensation-ends-and-im-still-disabled/)
**Published:** July 11, 2022
**Author:** admin
**Content:**
Accidents at work can result in devastating, lasting injuries for workers. While workers’ compensation is meant to help cover the costs of a workplace injury, in many cases workers’ compensation ends and the victim is still disabled. At Gillick, Wicht, Gillick & Graf in Milwaukee, our experienced and compassionate [Wisconsin workers’ compensation lawyers](https://www.gillickwicht.com/workers-compensation) understand how stressful and concerning this situation can be for employees and their loved ones. If you are interested in learning more about your legal options, call or contact our office today to schedule a consultation of your case.
## Permanent Partial Disability Benefits
Temporary total disability payments provide compensation while an injured worker is recovering or until they reach maximum medical improvement. For employees who are still disabled but have reached maximum medical improvement, permanent partial disability benefits may be available. Partial disability is expressed as an impairment rating, and if the worker can return to work they can collect permanent partial disability benefits in addition to their weekly wage.
Permanent partial disability is calculated as two-thirds of the average weekly wage but is capped much lower than other types of workers’ compensation benefits. If an employee is unable to earn 85 percent of their previous wages even with permanent partial disability benefits, this amount may be increased.
The length of time that permanent partial disability payments are made is determined either by a schedule created by the state or based on the impairment rating for the injured body part. For injuries on the schedule, the length of time is listed for a permanent loss or multiplied by the impairment rating for a partial loss. For unlisted injuries, the length is calculated as the impairment rating multiplied by 1,000 for the number of weeks of benefits.
## Permanent Total Disability Benefits
If you or a loved one has been rendered completely unable to return to work because of a workplace accident, you may qualify for permanent total disability benefits. These benefits are two-thirds the average weekly wage for the employee, calculated prior to the injury. Permanently total disability benefits last for the remainder of the employee’s life paid on a weekly basis, and they also include reasonable and necessary medical expenses.
In Wisconsin, an employee can be found permanently disabled on a medical or a vocational basis. From a medical perspective, a person can be permanently disabled if they are unable to perform any work because of the severity of the injury. From a vocational perspective, a worker is permanently disabled if they suffered a complete loss or near-complete loss of their earning capacity.
Generally speaking, permanent total disability benefits are awarded for workplace accidents that cause injuries to the back, neck, head, torso, a body system, or result in serious mental injuries. Typically, these benefits are not awarded to an injured worker who suffers a serious injury to a limb or limbs; however, they can be awarded if a worker suffers multiple injuries over the years which equates to the seriousness of the permanent disability. To learn more about whether you may qualify, talk to our office today.
### Apply for Social Security Disability Insurance (SSDI)
Another option for workers that have been rendered permanently disabled by a workplace injury is to apply for [Social Security Disability Insurance (SSDI)](https://www.benefits.gov/benefit/4382). SSDI is a federal program that is separate from Wisconsin workers’ compensation benefits. It may be possible to collect both workers’ compensation and SSDI benefits at the same time after an injury; however, Social Security has different definitions and requirements to collect benefits. First, an employee must have worked long enough to qualify for SSDI. In 2022, one credit equals $1,510 in earned income, up to four credits per year. A person qualifies for SSDI when they have accumulated forty credits, twenty of which were accumulated in the last ten years before the disability occurred.
Second, an injured worker must meet the Social Security definition of “disabled.” It is important to note that this option is only available for employees who are permanently disabled, as Social Security does not provide benefits for partial or short-term disability. A person is considered permanently disabled under SSDI if they cannot work or engage in a substantial gainful activity because of the injury, cannot do work you did previously or adjust to other work, and has lasted or is expected to last at least one year or ultimately result in death. You should always consider using a qualified attorney to apply for SSDI benefits, as applications are routinely denied and must be appealed in order to receive benefits.
### Explore Third Party Claims
Depending on the circumstances of the accident, another avenue for compensation for workers who are still disabled after their workers’ compensation benefits run out is to explore third-party claims. The purpose of workers’ compensation is to provide benefits for injured workers regardless of fault in exchange for liability protection for the employer. However, there are many workplace injuries that occur because of the negligence or reckless acts of an outside party. There are many people who enter a workplace daily who are not employees of the business, and if they contributed to the accident that resulted in permanent injuries they may be held liable in a separate personal injury lawsuit for damages.
Compensation for a personal injury claim can include economic and non-economic damages that can supplement workers’ compensation benefits and provide even more financial security for disabled workers. Economic damages cover any medical bills not covered by workers’ compensation, lost wages, property damage, and loss of earning capacity. Noneconomic damages compensate an injured worker for their pain and suffering, emotional distress, disfigurement, and loss of enjoyment of life, which workers’ compensation does not cover on its own.
### Contact Our Wisconsin Workers’ Compensation Lawyers Now
Are you in need of experienced and knowledgeable legal advice after being injured on the job? Are you concerned about your financial security if you are still disabled after an accident but your workers’ compensation benefits are running out? At Gillick, Wicht, Gillick & Graf our dedicated legal team is here to help. To meet with one of our [Wisconsin workers’ compensation lawyers](https://www.gillickwicht.com/workers-compensation) please call the office to schedule a consultation of your case today.
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**Tags:** disability
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### [Are All Employers Required to Carry Workers' Comp Insurance?](https://www.gillickwicht.com/are-all-employers-required-to-carry-workers-comp-insurance/)
**Published:** July 7, 2022
**Author:** admin
**Content:**
Workers’ comp insurance provides protection for employees who are hurt on the job and for employers who avoid litigation in court. However, it surprises many to learn that not all employers in Wisconsin are required to carry workers’ compensation coverage for their employees.
At Gillick, Wicht, Gillick & Graf in Wisconsin, our experienced and skilled [Milwaukee workers’ compensation lawyers](https://www.gillickwicht.com/workers-compensation) are here to explain when an employer may not need to carry this type of coverage and what your legal options are after being hurt at work. For more information, call or contact our office today to schedule a consultation of your case.
## Who Must Carry Workers’ Compensation?
The [Wisconsin Department of Workforce Development](https://dwd.wisconsin.gov/dwd/publications/wc/WKC-13333-p.htm) details when an employer must carry workers’ comp insurance for their employees. Under state law, an employer is mandated to keep workers’ compensation coverage if any of the following applies to the business:
- The company employs three or more full- or part-time employees.
- Employ one or more full- or part-time employees who have been paid combined gross wages of $500 or more in any calendar quarter for work performed at one or more locations in Wisconsin.
- If you are a farmer who employs 6 or more workers on the same day for any twenty days during the calendar year, which is defined as January through December.
In addition, an out-of-state employer must carry Wisconsin workers’ compensation insurance if they have workers operating in the state. Employers with three or more employees are required to get workers’ compensation coverage immediately. For employers who paid $500 or more in a calendar quarter, workers’ compensation benefits must be enacted by the tenth day or the next calendar quarter, and farmers must have coverage by the tenth day after the twentieth day of employment.
### Exceptions for Workers’ Comp Insurance
While Wisconsin grants near-universal coverage under workers’ compensation, there are a few delineated exceptions. Employee exceptions for workers’ compensation include the following:
- Domestic servants
- Any person whose employment is not in the trade, business, profession, or occupation of the employer
- Some farm employees (who are certain family members)
- Volunteers, including volunteers of nonprofit organizations that receive money or items of value totaling less than ten dollars per week
- Certain religious sect members
- Employees of Native American tribal enterprises unless the tribe waives its sovereign immunity and voluntarily becomes subject to the Act
- Real estate brokers, agents, and salespeople
### Farm Employees
While a farmer falls under the requirement for workers’ compensation if they employ six or more employees on the same day for twenty days during a calendar year, there are exceptions for who is counted as an employee for these purposes. Certain lineal and collateral relatives are not counted towards the total count of employees so long as the farm operation is structured as anything but a true corporation:
- Parent
- Child
- Sibling
- Spouse
- Sister- or Brother-in-law
- Son- or Daughter-in-law
- Mother- or Father-in-law
### Volunteers
Wisconsin has loosely defined volunteers as people who provide services of their own free will on behalf of an organization or institution that does not expect or receive payment for those services. As such, they are not considered an employee and are not covered under workers’ compensation, even if they are injured while performing volunteer services. This applies even if a volunteer receives nominal payments or other items of value that equal ten dollars or less per week unless the non-profit organization chooses to elect to cover the volunteer under a workers’ compensation policy.
### Religious Sect Members
Employers are also allowed to request an exemption for workers who belong to specific religious sects, such as the Amish or Mennonites, whose teachings and tenets prohibit accepting benefits like workers’ compensation for death, disability, old age, or retirement. This also applies if the sect opposes payments being made towards the cost of medical care, including federal social security benefits. In order to apply for the religious sect exception, the following requirements must be met:
- The employer applies for the exemption.
- The sect has a long-standing history of 25 years or more of providing for its members who have work-related injuries with a standard of living and medical treatment that are reasonable when compared to the general standard of living and medical treatment for members of the religious sect.
- The worker waives his or her rights to worker’s compensation and requests an exemption.
- The religious sect agrees to pay benefits at a reasonable standard of living and medical treatment when compared to the general standards for members of the sect.
### Native American Tribal Enterprises
Native American tribal enterprises, including casinos, fall under the scope of the tribe that is considered a sovereign nation and therefore covered by sovereign immunity. Because the state of Wisconsin has no jurisdiction over enterprises that fall under the tribe, workers’ compensation requirements do not apply even if the enterprise is located within the state boundaries of Wisconsin. However, a tribal enterprise has the ability to waive its sovereign immunity and purchase a workers’ compensation policy, which then subscribes to the rest of the regulations regarding workers’ compensation coverage.
### Business Entities
In addition to certain types of employees, certain business entities may also be exempt from workers’ compensation insurance. Sole proprietors, partners, and members of a limited liability company are exempt from maintaining workers’ compensation insurance. However, employees of these business entities may be required to have coverage if they meet the basic requirements. Corporate officers in Wisconsin are also considered employees and are therefore required to participate in workers’ compensation coverage. Business owners of the qualified exceptions can also elect to be included in a workers’ compensation policy if they have one for their employees. To learn more, talk to our office today.
## Call or Contact Our Milwaukee Workers’ Comp Lawyers Now
Do you have more questions about who is required to have workers’ comp insurance in Wisconsin? If so, the experienced lawyers at Gillick, Wicht, Gillick & Graf are here to help. Call the office to speak with a [Milwaukee workers’ compensation attorney](https://www.gillickwicht.com/Contact.shtml) today during a free consultation of your case.
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**Categories:** Workers’ Compensation Attorney
**Tags:** workers' comp
---
### [What is the Average Payout for Workers' Compensation in Wisconsin?](https://www.gillickwicht.com/what-is-the-average-payout-for-workers-compensation-in-wisconsin/)
**Published:** June 12, 2022
**Author:** admin
**Content:**
Being injured on the job can be a traumatic, painful, and stressful experience. Bills and other expenses can pile up quickly after a workplace injury, and one of the most common questions asked by victims injured on the job is what the average payout is for a workers’ compensation claim?
The truth is that these [Wisconsin workers’ compensation attorneys](https://www.gillickwicht.com/workers-compensation) Wisconsin workers’ compensation attorneys at Gillick, Wicht, Gillick & Graf are here to help. To learn more about what the average payout is for your type of workers’ compensation claim in the Milwaukee area, call or contact our office to schedule a free consultation of your case today.
## The Severity Of The Injury
One element that dictates the payout of a [workers’ compensation claim in Wisconsin](https://dwd.wisconsin.gov/wc/workers/) is the severity of the injury. In Wisconsin, workers’ compensation covers all related medical expenses associated with workplace accidents. Was an ambulance needed, or could you take yourself for medical treatment? Did a doctor’s visit suffice, or was a trip to the emergency room necessary?
Was there hospitalization, surgery, or other significant treatment required to address the injuries? The answers to all these questions can affect the payout on a workers’ compensation claim. Medical coverage also includes payment of the following:
- Doctor’s bills
- Hospital bills
- Medication
- Medical and surgical supplies
- Medical devices
- Rehabilitation
- Transportation expenses
The severity of the injury also often dictates how long an employee will be out of work. Temporary total disability payments compensate an injury victim while they are recovering from the accident and unable to perform any type of work or could return to restricted work but have not been offered anything from their employer that meets the restrictions.
Temporary total disability payments are two-thirds the average weekly wage of the employee, up to a statutory maximum. These benefits continue until an injury victim returns to work or reaches maximum medical improvement.
## Ability to Return to Work
Whether or not an accident victim can return to work, and if so in what capacity, also affects the average payout of a workers’ compensation claim in Wisconsin. If a worker can return to work but in a limited capacity that results in a lower wage, that employee is entitled to collect temporary partial disability benefits. The amount of these benefits is two-thirds the difference between the pre-and post-injury average weekly wage per week up to a statutory maximum.
If a workplace injury is so severe that it results in an employee’s being unable to perform any type of work after the accident, they are entitled to permanent total disability benefits under Wisconsin workers’ compensation.
In many cases, this means receiving permanent total disability payments for the rest of the employee’s life. Certain injuries, such as the loss of both eyes or appendages, are automatically deemed totally disabling, while other severe injuries must be determined totally disabling by a vocational professional.
## Determination of Disability
Another element of a workers’ compensation claim that often determines the average payout of a case is whether the employee receives a determination of permanent partial disability after reaching maximum medical improvement. If a worker is deemed to have some level of permanent partial disability, they will receive a permanent disability rating, expressed as a percentage of lost bodily function.
Employees who are permanently disabled by a workplace accident are entitled to collect permanent partial disability payments, which are also calculated as two-thirds of a worker’s average weekly wage. However, the maximum limits are lower than the temporary disability benefits. As of April 10, 2022, Wisconsin’s maximum benefits for permanent partial disability is $415 per week.
## Other Factors that Influence Payout
There are other factors that may also influence the average payout of a workers’ compensation claim in Wisconsin. For example, if a worker receives permanent disfigurement as a result of the accident, workers’ compensation may award disability benefits for any parts that are visible at work or could result in wage loss. These benefits vary based on the worker’s age, education, training, previous experience, and occupation.
Workers’ compensation also covers the costs of vocational training and rehabilitation for injured employees. If it is hard or impossible to return to the same work as before, vocational rehabilitation is available for up to eighty weeks which includes career planning, job placement, and retraining of skills. During that time, a worker may be entitled to additional temporary total disability payments. To learn more about what elements may impact the average payout of a workers’ compensation case in Wisconsin, talk to our office today.
## Call Our Wisconsin Workers’ Compensation Attorneys
At Gillick, Wicht, Gillick & Graf in Milwaukee, our experienced and skilled [Wisconsin workers’ compensation lawyers](https://www.gillickwicht.com/Contact.shtml) understand the financial strain that can come with a physical injury at work. Our knowledgeable attorneys are prepared to review the details of your case and provide a thoughtful estimate of what your claims might be worth as well as help you with every step of your workers’ compensation claim. If you are interested in learning more, call the office today to schedule a free consultation.
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**Categories:** Worker’s Compensation Lawyer
**Tags:** worker's compensation
---
### [Does Workers’ Compensation Cover COVID?](https://www.gillickwicht.com/does-workers-compensation-cover-covid/)
**Published:** March 16, 2022
**Author:** admin
**Content:**
[COVID-19 has claimed the lives of at least 883,000 American lives](https://www.nytimes.com/interactive/2021/us/covid-cases.html) at the time of this writing, according to the New York Times. Some studies suggest that the [death toll from COVID](https://www.theguardian.com/us-news/2022/jan/07/true-number-covid-deaths-us-likely-undercounted-experts) is, in fact, even higher, at around one million, as reported by the Guardian. Of the people who get sick and survive, which is the vast majority of cases, many have experienced long term harm to their health, such as:
- Fatigue
- Headaches
- A cough that persists for months
- Lack of taste and smell
- Permanent lung damage
- Permanent neurological damage, organ damage, damage to eyesight, hair loss
- Loss of focus and attention
The above list is just a sampling of the negative health impacts that can affect those who were infected with the virus.
If you got sick from COVID, even if the severity of your illness was not life-threatening, you may still be eligible for financial compensation from your employer through Wisconsin’s workers’ compensation system. Certain employees are eligible for COVID-19 related damages covered by workers’ comp, including lost wages and medical care.
A [Wisconsin workers’ compensation lawyer](https://www.gillickwicht.com/workers-compensation) can answer all of your questions regarding workers’ comp and COVID, and help you determine your eligibility for workers’ compensation benefits.
**Eligible First Responders and Essential Workers**
The following essential workers are eligible for workers’ compensation if they get COVID on the job:
- Nursers
- Doctors
- Other medical workers or people who work in hospitals
- Certain volunteer workers
- Firefighters
- Police officers
- Other law enforcement
Unfortunately, not all workers who get sick with COVID are eligible for Wisconsin workers’ compensation. Notably missing from the above list include teachers, grocery store workers, and child care workers. These three occupations have been hard hit by COVID. However, just because you do not see your occupation listed above does not mean you are not eligible for workers’ compensation benefits.
**Wisconsin Act 185**
[Wisconsin Act 185](https://docs.legis.wisconsin.gov/2019/related/acts/185), which is retroactively effective to March 12, 2020, enables first responders and other essential workers to seek workers’ compensation benefits if they contracted COVID on the job. In order to be eligible, you must meet the following criteria:
- You contracted the virus during the course of your employment (the presumptive rebuttal clause may negate this requirement—see below).
- Your illness is diagnosed by a physician positive COVID-19 test.
- You contracted COVID between April 17, 2020, and up to 30 days after the Public Health Emergency Executive Order ends.
**Workers Who Contracted the Virus Before April 17, 2020, Can Still Seek Benefits**
If you are a first responder or another essential worker who contracted COVID before April 17, 2020, workers’ compensation benefits may still apply to you. However, there will be no presumption that you contracted COVID at work.
This presumptive clause works as such: Certain first responders and other essential workers who contracted COVID are presumed to have contracted COVID through the course of their employment. As such, they do not have to prove that they contracted COVID at work.
But for those workers who got COVID before April 17, 2020, there is no such presumption. And, their employer’s health insurance carrier has the right to require evidence that they got COVID at work. This can be difficult to prove but is not impossible.
**What Does Wisconsin Workers’ Compensation Cover?**
Wisconsin workers’ compensation covers partial wage replacement while you are out of work, plus full medical care, including future medical costs. The duration that you receive wage replacement depends on the severity of the injuries caused by COVID. Wage replacement can be:
- **Temporary partial disability**—You are only partially injured and can complete some level of work, and the injury is suspected to be temporary.
- **Temporary total disability**—Your injury is completely disabling, meaning you cannot complete any level of work, but it is suspected to be temporary.
- **Permanent partial disability**—The injury is permanent, but you can complete some degree of work.
- **Permanent total disability**—The injury is permanent and you cannot do any work at all.
**Examples of Partial and Totally Disabling COVID Injuries That May Also Require Medical Care**
There are at least 50 [long-term symptoms of COVID](https://www.mayoclinic.org/diseases-conditions/coronavirus/in-depth/coronavirus-long-term-effects/art-20490351). These symptoms range from moderate to severe. Many require hospitalization and ongoing treatment after discharge. There is no cure for many of these long-term effects.
COVID can damage the nervous system and physical structures of the human body. According to the Mayo Clinic and research published in Nature, the following is a list of long-term symptoms of COVID:
- Long haul syndrome (also called long COVID)
- Lung damage and decreased lung function
- Heart damage
- Sleep apnea
- Diabetes
- Sleep disorders
- Intermittent fevers
- Hearing loss
- Blood clots and resulting complications, particularly to the lung, liver, and kidneys
- Stroke
- Guillain-Barre syndrome (temporary paralysis)
- Multisystem inflammatory syndrome
- Arrhythmia
- Renal failure
- Organ failure and organ damage
- PTSD, depression, anxiety, and other emotional injuries
- Severe acute respiratory syndrome (SARS)
- Chronic fatigue syndrome
Many COVID survivors suffer more than one of these symptoms for months on end, or permanently. Not only does this severely impact the patient’s quality of life, but it can cause extreme financial hardship as well. Workers’ compensation can help alleviate some of this.
**What to do if You Get COVID**
It is imperative that you take the following steps as soon as you get COVID-19:
- Get tested. It is crucial that you have a positive test to prove that you are ill. If you test positive with a rapid at-home test (antigen test) make sure that you go get a PCR test at a facility for further documentation that you are indeed positive for COVID.
- Notify your employer that you are sick.`
- Seek medical care if needed. Do not delay treatment if you are seriously ill. Many COVID patients arrive at the hospital too late, when permanent lung or neurological damage has already been done.
- Put all of your medical documents in a safe, organized place.
- Reach out to an attorney.
Reach Out to a Wisconsin Workers’ Compensation Lawyer Today For Help
If you got COVID on the job it is in your own best interest to seek legal assistance with your workers’ compensation benefits claim. Contact the [Wisconsin workers’ compensation attorneys](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf today for a free consultation. We can help deliver the results you need.
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**Categories:** Worker’s Compensation Lawyer
**Tags:** worker's compensation
---
### [How is The Payment Determined in a Wisconsin Workers’ Compensation Case](https://www.gillickwicht.com/how-is-the-payment-determined-in-a-wisconsin-workers-compensation-case/)
**Published:** February 10, 2022
**Author:** admin
**Content:**
With bills to pay and no wages to cover your expenses, it is vital to file a workers’ comp claim quickly. As an injured worker, when it comes to workers’ benefits, your first likely priority is probably just trying to get an understanding of what your compensation will be.
Your benefits depend on the severity of your injury, your average weekly wages, and more. And, workers’ compensation can pay for vocational rehabilitation and other expenses in addition to wage replacement and medical expenses.
## Workers’ Compensation Benefits Depend on Your Average Weekly Wages
Average weekly wage is determined in one of two ways. The first way is to take the hourly wage times the number of hours the person works a week. For example: if a person works 40 hours a week and earns $20 an hour, their average weekly wage would be 40 x 20 =$800. The second way average weekly wage is determined is to take the employee’s actual earning for the year prior to the date of the injury and divide it by the number of weeks they worked. Whichever of these two calculations is higher, is used as the average weekly wage.
## Wage Replacement Duration and Amount are Based on Type of Disability
There are four types of disability in a [Wisconsin workers’ compensation claim](https://www.gillickwicht.com/workers-compensation), and the length of time an employee can collect these disabilities, as well as the amount, are as follows:
- **Temporary Partial Disability**—Employee is temporarily disabled, but only partially disabled, meaning they can perform some level of work.
- Duration of wage replacement: Paid while the employee works at a lesser paying job or is working part-time, and paid until the worker’s condition becomes stable or until additional treatment is not likely to result in improvement.
- Amount of wage replacement: Varies
- **Temporary Total Disability**—Employee is totally disabled and cannot perform any work, but their condition is expected to be temporary.
- Duration of wage replacement: Paid until the employee’s condition has become stable and additional treatment is not likely to result in additional improvement.
- Amount of wage replacement: Two-thirds of the employee’s average weekly wages.
- **Permanent Partial Disability**—Employee’s condition is not likely to improve, and they are injured partially, not totally, meaning they can perform some level of work.
- Duration of wage replacement: Duration depends on the specific type or schedule of injury. For example, the loss of a hand at the wrist would be equivalent to 400 weeks of wage replacement, according to the [Department of Workplace Development](https://dwd.wisconsin.gov/dwd/publications/wc/wkc-7580.htm).
- Amount of wage replacement: Determined by a schedule based on the year of the injury.
- **Permanent Total Disability**—Employee is permanently and totally injured, meaning they are unable to perform any significant work.
- Duration of wage replacement: Life
- Amount of wage replacement: Two-thirds of the employee’s average weekly wages.
## Maximum Average Weekly Wages For 2022
An employee’s average weekly wages may exceed the state limit. For example, if you earn an average of $2,000 a week, you will not be able to collect $1,333, or what would amount to two-thirds of your average weekly wages. Wisconsin, like all states, cuts off compensation at a certain amount. [Maximum average weekly wage](https://dwd.wisconsin.gov/dwd/publications/wc/wkc-9572-p.pdf)s increase each year. These are the 2022 maximums for average weekly wages:
- Temporary Total and Permanent Total Disability Weekly Wage—$1,159
- Permanent Partial Disability Weekly Wage—$362
- Max Annual Wage—$86,925
- Total Death Benefit—$347,700
### Medical Expenses
In addition to wage replacement, an employee who is injured on the job can expect to receive full medical coverage for their injuries. This often amounts to more, in terms of finances, than their average weekly wages, especially if they were uninsured or minimally insured with health insurance.
### Vocational Rehabilitation
Vocational rehabilitation may be available to you if you were permanently injured and are no longer competitive in your former line of work. In addition to medical care and wage replacement, you can also receive job training or educational funds so that you are able to work in a new field or line of work.
Vocational rehabilitation can be used for returning to work in the same position at the same employer, returning to work at a new position at the same employer, or seeking employment in a new position with a new employer. Qualifying for vocational training can be difficult, particularly if you wish to pursue higher levels of job training or education.
## Death Benefits to a Surviving Spouse or Other Parties
If the injury or illness resulted in death, the decedent’s spouse can receive workers’ compensation death benefits. Other parties, including children of the decedent, parents, or other relatives, may receive workers’ compensation benefits if they were totally supported by the decedent.
Parents of the decedent who are not fully supported can receive:
- Up to $6,500 if they have “maintained friendly relations with the deceased.”
- If the employee contributes $500 or more to the support of his or her parents in the year before his or her death, the parents can seek up to four times that amount in workers’ compensation.
Additionally, burial expenses must be paid by workers’ compensation in all cases of death, up to the maximum limit the law provides, which is $10,000 in 2022.
- **Extra Benefits to a Dependent Minor Child**—If a dependent child under 18 was living with the deceased employee at the time of their parent’s death or injury, that child may receive additional benefits. And, if the child is mentally or physically incapacitated, benefits may be paid past the age of 18.
## Call a Wisconsin Workers’ Comp Lawyer Today For Help
If you were hurt on the job or became sick due to toxic exposure or an occupational disease, you are entitled to workers’ compensation benefits in Illinois. You must notify your employer within 30 days of becoming injured, or within 30 days of becoming aware of an injury or illness, to ensure that you are able to collect these important wage, medical and vocational benefits. To learn more, contact the [Wisconsin workers’ comp lawyers](https://www.gillickwicht.com/Contact.shtml) at Gillick, Wicht, Gillick & Graf today to schedule a free consultation.
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---
### [How Long Does It Take To Get Workers’ Compensation?](https://www.gillickwicht.com/how-long-does-it-take-to-get-workers-compensation/)
**Published:** January 11, 2022
**Author:** admin
**Content:**
If you were hurt while in the course of executing the responsibilities of your job, and your injuries require medical attention and time away from work, you have the [right in the state of Wisconsin to file a claim for workers’ compensation](https://dwd.wisconsin.gov/dwd/publications/wc/WKC-7580.htm). With few exceptions, all businesses are required to carry workers’ compensation insurance for their employees. Workers’ compensation is a system that allows injured workers who are injured while on the job to have their medical treatment paid for and potentially, a portion of their wages.
Even though it is required that businesses have workers’ compensation insurance, having the coverage actually benefits both the employee who was injured and their employer. This is so because the workers’ compensation system is designed to help injured workers quickly get the medical treatment they need and have it paid for.
Also, when injuries are severe and employees must spend time away from work to recover, they can still secure some of their wages. Meanwhile, employers are, for the most part, spared from having a civil suit filed against them by their injured worker.
**Length of Time an Injured Worker Must Wait to Get Benefits**
When it comes to medical treatment and care, that is immediately covered under the workers’ compensation system. Typically, an injured worker will inform their employer or manager about their injury as soon as they realize they are hurt. The Wisconsin Department of Workforce Development states that an employee has the right to select the doctor they choose to have their injuries examined, diagnosed, and treated. In an emergency situation, though, if an employee who is injured needs rapid and immediate medical attention, their employer can act to get them that care. Then, after the situation is no longer at an emergency level, the employee retains their right to choose a doctor if any further medical care is necessary.
In terms of recovering lost wages, these benefits do not begin instantaneously. Under [Wisconsin workers’ compensation state statutes](https://docs.legis.wisconsin.gov/2011/statutes/statutes/102.pdf), temporary disability benefits do not start right away. Employees that have an injury lasting for seven days or less must wait three days before collecting benefits.
More severe injuries that last longer than seven days have no waiting period for Wisconsin workers’ compensation benefits. The payments that will be made are all of those days that an employee was not able to work minus the day the actual injury accident took place.
As long as your doctor has not permitted you to go back to work, you can receive benefits. But once your doctor determines that you are well enough, or have reached what is called Maximum Medical Improvement or an end of healing, then benefits will cease. If, however, your physical bodily harm is permanent, your doctor will determine a percentage of how disabled you are and benefits will be administered in accordance with this amount.
**Timeline of Filing a Wisconsin Workers’ Compensation Claim for Non-Disputed Cases**
Injured employees that file their claim without dispute can expect the following timeline:
- The injury accident takes place and the employee informs their employer of the incident.
- The injured employee sees a qualified and licensed medical provider obtain treatment.
- If continued medical treatment is needed, the employee should follow the recommendations and prescriptions of their doctor.
- The employer contacts their workers’ compensation insurance provider and files a report. This must happen no longer than seven days after the workplace injury incident was reported.
- By day 14, the worker’s compensation insurance company submits the injury incident report to the Workers’ Compensation Division.
- The injured employee receives information from the Division.
- The workers’ compensation insurance company sends for the injured employees medical reports from the examining doctor.
- The insurance provider connects with the injured employee to get their account of the injury accident they experienced. Do not give a recorded statement or sign any statement.
- When the claim is accepted, benefits for lost wages will start being dispensed to the injured worker.
- After 30 days, the injured worker’s employer or their employer’s insurance provider must inform the Division that payment has started or that it has not along with an explanation of why payments have not been made.
- For undisputed claims, an injured worker can expect a first check to arrive 15 days from the date that they were injured while on the job.
There are many steps to take after a workplace injury accident. Dealing with a workers’ compensation insurance adjuster is nothing to take lightly. The primary job of an insurance adjuster is to retrieve deleterious information from a claimant to use as a way to reduce payment and outright deny claims. This is why it is in the best interest of an injured worker to have the support of a qualified and experienced legal professional. In Milwaukee, the [Milwaukee workers’ compensation lawyers](https://www.gillickwicht.com/workers-compensation) at Gillick, Wicht, Gillick & Graf are dedicated to helping injured people secure justice and get the most out of their personal injury claims.
**What Injuries Are Covered Under the Wisconsin Workers’ Compensation System?**
In the state of Wisconsin, injured workers are entitled to make a workers’ compensation claim in the following situations:
- An injury accident results in physical bodily harm like lacerations, bone fractures, sprains, amputations, and much more.
- Mental degradation and trauma such as hysteria or issues with the nervous system took place. When emotional shock develops, this too can be covered. But, it must be shown that the psychological toll is considerable and more than simple mental strain.
- The development of a disease from chronic exposure to a toxic work environment. Pneumonia and lead poisoning are examples.
**Meet with a Milwaukee Workers’ Compensation Attorney Today**
Recovering from workplace injuries is stressful and taxing for anyone. Also trying to figure out how to navigate the Wisconsin workers’ compensation system while handling challenges by insurance adjusters is a tall order for injured workers. The talented team of [Wisconsin workers’ compensation attorneys](https://www.gillickwicht.com/Contact.shtml) at Gillick, Wicht, Gillick & Graf can help. To schedule a free, no-obligation consultation to discuss your case, please call 414-257-2667 today.
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**Categories:** Workers Compensation Lawyers
**Tags:** worker's compensation
---
### [What Is The Worker’s Compensation Maximum Wage and Rate Chart?](https://www.gillickwicht.com/what-is-the-workers-compensation-maximum-wage-and-rate-chart/)
**Published:** November 30, 2021
**Author:** admin
**Content:**
[Worker’s compensation coverage in Wisconsin](https://docs.legis.wisconsin.gov/2011/statutes/statutes/102.pdf) really is quite broad. Under state law, virtually any injury you suffer at work is covered by worker’s compensation. Your employer is required to carry worker’s compensation insurance, and your employer’s worker’s comp insurance carrier is required to pay those claims promptly in the absence of a dispute over whether the injury is covered or the amount of medical reimbursement you are seeking.
While coverage generally is pretty straightforward, how much worker’s compensation pays you for an injury might seem like some kind of voodoo. Or, at least a calculation that apparently takes place inside a black box and a number just comes out, with no insight into the process. For the most part, that would be a false impression. In fact, for most payments under the worker’s compensation system, insurers are bound by a very precise means of determining payments.
The cost of medical treatment, particularly long-term or permanent treatment, can be disputed. Eventually, a claim may come before a worker’s compensation Judge. However, most payments, such as for time missed from work, temporary or permanent disability, partial or complete loss of range of motion in a limb or other body part, or even amputation of a limb, are predetermined under the worker’s compensation system. If you are injured at work, you should talk to a [Wisconsin worker’s compensation lawyer](https://www.gillickwicht.com/workers-compensation) to find out what you’re entitled to.
**How Does Worker’s Comp Insurance Determine Coverage?**
The key to most coverage payments is known as the [Worker’s Compensation Maximum Wage and Rate Chart](https://dwd.wisconsin.gov/dwd/publications/wc/WKC-9572-P.pdf). This establishes the maximum benefits allowable under the worker’s compensation laws. It also provides accompanying regulations and guidance documents of all manner of detail on:
- How to determine how much a particular injury should receive as compensation
- How to determine what the extent of a disability caused by workplace injury is
- How much an [injured employee](https://dwd.wisconsin.gov/dwd/publications/wc/WKC-7580.htm) will receive under worker’s compensation guidelines
Very little is left to chance or speculation. The law is pretty precise about death or disability benefits, which are based on a percentage of the employee’s weekly wages.
Time missed from work because of a workplace injury is treated as temporary total disability, for instance, and you will receive payments according to the percentage of your wages set forth by law. This would be subject to maximums specified in the Maximum Wage and Rate Chart. If you still are judged to have a partial disability – even after you return to work, you still will receive worker’s compensation payments. The amount paid is based on the extent of the disability as a percentage of your wages.
For a partial disability determined to be at 10 percent , you would receive 10 percent of the maximum allowable weeks for the part of the body you injured. The amount of the rate of payment is based on the date of your injury. The state has detailed instructions to provide guidance for physicians to determine the percentage of disability, largely based on the range of motion available after the injury.
While you are unable to return to work, you receive the full benefit payment to which you are entitled. If you are determined to be able to return to work under limitations and are not able to earn your normal wages, you would have a claim for temporary partial disability.
If your doctor determines your temporary disability at 25 percent, your employer can reduce your hours by 25 percent or reduce your hourly wage by 25 percent. In either event, you will receive worker’s compensation benefits equal to 25 percent of the total disability benefit you received while you were unable to return to work.
**Wisconsin Has A Payment Schedule For Any Injury**
At its most basic level, Wisconsin bases worker’s compensation benefits on four considerations. Those are:
- The amount of your normal weekly wages
- The extent of your disability, measured on the percentage loss of use of the body part, which can range from 1 to 100 percent
- The body part that was injured
- The date of your injury
The formula is the same for pretty much any injury resulting in disability, permanent or temporary, full or partial. The benefit amount is calculated in terms of the number of weeks of benefits to be paid, which is different for each injury.
For instance, losing your arm to an accidental amputation at the shoulder would get you an amount equal to 500 weeks of benefit payments. If you injured your shoulder, you would get an amount equal to a percentage of 500 weeks of benefits. If you suffered a permanent partial disability of 10 percent at your shoulder, you would receive benefits equaling 50 weeks of benefits payments.
For a permanent disability to a body part, you don’t get a lump sum. Instead, you are paid monthly until the full amount of the scheduled benefit has been paid.
Keep in mind, medical costs are a separate issue. There is a schedule for disability payments for injuries of all kinds. Not so for medical treatment expenses. While the cost of treatment for an injury covered under worker’s compensation generally is [fully reimbursed,](https://dwd.wisconsin.gov/dwd/publications/wc/wkc-18-p.htm) for some injuries and treatments, usually more severe injuries with extensive, often long-term treatment costs, the amount the insurance company will pay can become a point of contention. This may lead to a hearing before a worker’s compensation Judge.
The [administrative law judge](https://dwd.wisconsin.gov/dwd/publications/wc/WKC-7580.htm#disputed) will hear evidence and decide the dispute. For disputed medical expenses or other costs, the Judge will determine how much the Worker’s Compensation Insurance Carrier has to pay.
**If You Have Been Injured On The Job, Consult A Milwaukee Work Injury Attorney**
If you have been injured at work, odds are your worker’s compensation claim will be handled smoothly and quickly by your employer’s insurance carriers. If that is not the case, the [Milwaukee worker’s compensation lawyers](https://www.gillickwicht.com/workers-compensation) of Gillick, Wicht, Gillick & Graf are ready and eager to fight for our client’s rights, no matter where in the state of Wisconsin you live. We will work diligently to ensure you receive all of the financial compensation you deserve if you are injured at work.
If you have been hurt on the job, [contact the Gillick, Wicht, Gillick & Graf](https://www.gillickwicht.com/Contact.shtml) workplace injury attorneys at 414-257-2667. We will evaluate your case for free with no further obligation. Our attorneys work from our Milwaukee office, but we represent injured employees throughout Wisconsin.
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**Categories:** Workers' Compensation
**Tags:** worker's compensation
---
### [Is It Worth It To Hire A Worker's Compensation Lawyer?](https://www.gillickwicht.com/is-it-worth-it-to-hire-a-workers-compensation-lawyer/)
**Published:** October 30, 2021
**Author:** admin
**Content:**
All workplace injuries are different. Whether you should hire an attorney to handle your worker’s compensation case and, importantly, whether it is worth it financially to do so depends upon:
- The circumstances of your injury.
- What your employer does about your claim
- Other factors surrounding your workplace injury.
In many cases, it probably is not necessary to hire an attorney for a worker’s compensation case. This is so because the amount of money involved frequently means it is not worth the expense.
However, there are many circumstances where it is advisable to retain a worker’s compensation attorney. If you work in Milwaukee and suffered a workplace injury you are likely to have questions. You also may be determining whether you should hire an attorney or just about what forms you need to file for a claim. You can have your questions answered during a free consultation with one of the Milwaukee worker’s compensation attorneys at Gillick, Wicht, Gillick & Graf.
**Not All Worker’s Comp Claims Need A Lawyer**
The worker’s compensation system is supposed to preclude the need for employees to hire a lawyer. The intent of the system is to:
- Simplify employee claims arising from injuries.
- Provide prompt, fair payment of claims by employers and insurance companies.
A state agency oversees the system to ensure that payments for medical care and time away from work to recuperate from injuries are made in the proper amounts and in accordance with the law and actual medical needs. You can find more information about the system by looking over [Wisconsin’s Worker’s Compensation Guide](https://dwd.wisconsin.gov/dwd/publications/wc/WKC-7580.htm).
Many times, perhaps even most of the time, that is how the system works. Many workplace injuries are not particularly serious and don’t result in truly expensive claims. Those are two of the main factors in whether it is worth it for you to hire a lawyer to help you with your worker’s compensation claim.
Obviously, if the claim is only for a relatively small amount of money, there generally is no point in hiring a lawyer. In fact, if a certain set of circumstances apply to your case, you probably don’t need to hire an attorney, and it probably would not be worth it to do so. Those factors include:
- Your injury was fairly minor and did not result in long-term or permanent disability.
- Your workplace injury didn’t require significant medical treatment.
- You missed no time from work or very little time.
- Your employer does not contest that your injury occurred at work and is covered by worker’s compensation.
- You had not suffered a previous injury or medical condition with lingering effects that involved the same area of your body as that injured in your workplace injury. This commonly involves back injuries, which can tend to linger and are the [most common of all workplace injuries](https://www.safetymanualosha.com/common-workplace-injuries/).
If all of these circumstances apply to your situation, you probably don’t need to hire an attorney and it probably would not be worth it to do so. However, even under these circumstances, it never hurts to consult with an experienced worker’s comp attorney, just to be sure.
**Some Worker’s Comp Claims Definitely Need A Lawyer**
Even if those conditions apply, you might still find you need an attorney. And if they don’t apply, it is quite possible you will find it is indeed worth it to hire a worker’s compensation lawyer. In the following situations you should always hire a worker’s comp lawyer:
- If your claim is expensive, particularly if it involves long-term or permanent disability
- Your condition will require considerable long-term medical care
- If you miss a significant period of work and have a claim for lost wages, the amount of money involved likely will make it worth it to hire an attorney.
Working with an attorney ensures you will be treated fairly and it increases your chances of getting the damages to which you are entitled to cover your medical expenses and missed work.
Further, those circumstances also make it more likely that either your employer or the employer’s insurer will attempt to deny coverage. They can base such a denial of worker’s compensation coverage on any number of factors, including:
- Denying the injury was suffered in the workplace as defined in [Wisconsin worker’s compensation law](https://docs.legis.wisconsin.gov/statutes/statutes/102/01).
- Challenging whether the injury arose out of your employment.
- Disputing medical evidence regarding the extent of the injury, whether it resulted in a permanent disability, the extent of that disability, or whether a pre-existing injury or condition is the cause of the injury.
You might not hire a lawyer if you sprained your ankle, spent $50 at a walk-in clinic, and only missed an afternoon of work. For more major injuries, suddenly an attorney sounds worth the expense. If there is a dispute over coverage, the amount of benefits that should be paid, or other matters related to your workplace injury, there are two courses of action open to you:
1. A worker’s compensation hearing.
2. Some form of agreement with your employer and/or the employer’s insurer depending on which is contesting the claim. At that point, you definitely want to have a lawyer. Your employer and the insurer certainly will.
If the dispute is over the nature or extent of your injuries, prior to any hearing, you can be made to undergo medical examinations by doctors hired by your employer or the insurer. That means they are not bound by doctor-patient confidentiality and can testify against you.
If the dispute is over whether the injury occurred at work or was otherwise work-related, there will be a hearing for that, as well. And it could be both. You don’t want to take that kind of chance about your benefits without a lawyer to help you get what you’re entitled to.
Even if you reach an agreement before a hearing, you want to have an attorney to make sure that the agreement is fair to you and protects your rights. Negotiating with the other side’s lawyers, who do not have your interests at heart, is never a good idea.
**If You Have Been Injured At Work, You Should Talk To A Milwaukee Work Injury Attorney**
The [Wisconsin worker’s compensation attorneys](https://www.gillickwicht.com/Contact.shtml) of Gillick, Wicht, Gillick & Graf are experienced in work injury law and are ready to fight for our clients. This is true no matter where in the state they are. Gillick, Wicht, Gillick & Graf’s lawyers know that you and those who love and depend on you deserve the compensation state law promises if you are injured on the job.
If you have been hurt at work, contact the work injury team at Gillick, Wicht, Gillick & Graf. We will give you a free case evaluation with no strings attached. We work from our Milwaukee office but represent injured employees all over Wisconsin.
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**Categories:** Workers Compensation Attorneys
**Tags:** worker's compensation
---
### [What Type of Injuries Does Worker's Compensation Cover?](https://www.gillickwicht.com/what-type-of-injuries-does-workers-compensation-cover/)
**Published:** October 12, 2021
**Author:** admin
**Content:**
If you live in the state of Wisconsin and you were injured while at work, you may be eligible for benefits through your employer’s worker’s compensation insurance provider. Wisconsin Worker’s compensation is an employer-financed, state-run insurance system intended to compensate employees who are injured at work for their medical expenses, time lost from work, permanent partial disability, and other related expenses.
Out of a workforce of 3.03 million in Wisconsin, 2.94 million are [covered by worker’s compensation](https://dwd.wisconsin.gov/wc/basic-facts.htm). That 97 % coverage rate is all the more impressive considering that employees in certain categories, such as domestic servants, farm employees, and some federal employees, are [exempt from worker’s compensation requirements](https://dwd.wisconsin.gov/dwd/publications/wc/WKC-13333-p.htm).
In most cases, an employee who is injured on the job and files a worker’s compensation claim gives up the right to sue the employer, with certain exceptions. In exchange, the employee receives compensation quickly from their employer’s insurance provider.
This allows the employee to avoid having to go through a drawn-out settlement process or litigation, which comes with no guarantee of any recovery at all. Worker’s compensation offers a simplified payment method for injured employees and covers almost every employee in Wisconsin. But, what kinds of injuries does it cover?
## Worker’s Comp Covers Injuries By Circumstances, Not Type
Wisconsin law is silent on what types of injuries are covered by worker’s compensation. That is because what kind of injury you suffer is immaterial to whether you can collect worker’s compensation. The type or severity of your injury will determine how much compensation you receive but is not supposed to have any impact on your eligibility to recover.
If your employer is required to cover you with worker’s compensation insurance, and you are injured at work, then you can recover compensation. If you are injured in an accident while on the job, you’re covered, whether that injury is a repetitive motion injury, a sprained ankle, or an amputation while using machinery.
Further, “on the job” is defined broadly in Wisconsin. Obviously, if you are at work and engaged in the usual duties of your job, whether it is office work, manufacturing, construction, or any other job, and you suffer an injury, minor or serious, then you are eligible for worker’s compensation payments. You are covered if you are on an official work break when you are injured. You are covered if you are walking across your workplace’s parking lot on your way to starting work for the day. You are even covered if you are on your way to work and on your employer’s premises, using whatever transportation you normally use to get to your job.
Even if your injury at work has nothing to do with your job, such as being physically assaulted and injured by a coworker or a visitor to your place of employment, your injuries are covered by worker’s compensation. The key factor in coverage is not the type of injury, but whether you are engaged in the duties of your job as defined in Wisconsin law.
## Worker’s Comp Covers For Delinquent Employers, Too
Even if your employer is not covered by worker’s compensation insurance, but is supposed to carry coverage under the law, you are not out of options for payment. The state worker’s compensation system provides a mechanism for paying claims that would be charged to your employer if that employer were properly insured. That program is called the [Uninsured Employers Fund](https://dwd.wisconsin.gov/dwd/publications/wc/WKC-7580.htm).
The UEF was set up to pay worker’s compensation benefits when their employers improperly fail to carry worker’s compensation insurance. When claims are filed with the UEF, the fund pays those claims just as if the claimant’s employer were carrying worker’s compensation insurance.
The UEF is funded using penalties levied against employers who are illegally operating without worker’s compensation coverage. The penalties are mandatory and not subject to negotiation. Uninsured employers have to pay the full penalty levied. The fund also pursues reimbursement for any claims the UEF has to pay because an employer is not carrying worker’s comp insurance.
The fund is aggressive in pursuing penalty and reimbursement payments. This is how the fund pays worker’s compensation claims, after all. All of the powers of the court that are available, including garnishment, liens against property, warrants, and levies will be utilized.
The UEF covers all the injuries that your employer’s worker’s compensation insurance covers. That means that the type of injury doesn’t matter. What matters is where and how the injury occurs. The circumstances of the injury are the only thing that matters. A sprained ankle, an accidental amputation of a limb by machinery you work with, even death, are covered by worker’s compensation insurance. This is true as long as the injury happened in what the law defines as the course and duties of your employment.
And Wisconsin law is pretty broad regarding what the “course of employment” includes. That, at least, is the intent of the law. In reality, the more expensive your injury, particularly for injuries that likely will require long-term or even life-long care, the more likely it is that your employer, your employer’s insurer, or the UEF are likely to dispute the extent of your injuries. It may also be argued that the circumstances of your injury do not fall under worker’s compensation coverage. Potentially, both arguments could be made against you.
These claims against you can be made at a worker’s comp hearing. You can also counter them at the hearing with your own medical evidence of your injury, evidence regarding the circumstances of your injury, or both.
So while the law says that all types of workplace injuries qualify for worker’s compensation coverage, the reality is that insurers and employers will attempt to reduce the cost of such injuries. The more serious your workplace injury, the more you likely will need a lawyer to obtain fair compensation for that injury.
## If You Are Hurt At Work, Talk To A Milwaukee Worker’s Compensation Injury Attorney
If you get hurt at work, no matter what kind of injury you suffer, you are entitled to damages payments through worker’s compensation. The [Milwaukee worker’s compensation attorneys](https://www.gillickwicht.com/Contact.shtml) of Gillick, Wicht, Gillick & Graf stand ready to help vindicate your right to that compensation.
Regardless of where you live in Wisconsin, if you are hurt at work, contact the [Wisconsin workplace injury attorneys](https://www.gillickwicht.com/workers-compensation) of Gillick, Wicht, Gillick & Graf. We’ll do a free evaluation of your case, with no obligation. From our Milwaukee office, our attorneys can defend the interests of injured employees anywhere in the state.
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**Categories:** Workers Compensation Attorneys
**Tags:** worker's compensation
---
### [Can I Get Workers' Comp for a Slip and Fall Accident?](https://www.gillickwicht.com/can-i-get-workers-comp-for-a-slip-and-fall-accident/)
**Published:** September 6, 2021
**Author:** admin
**Content:**
There are jobs that everyone recognizes as hazardous, such as operating manufacturing machinery, construction, or commercial fishing. There are also jobs that most people don’t view as particularly hazardous at all, such as office work. And yet, pretty much all occupations can involve injuries that result in workers’ compensation claims. In fact, that’s why every state, including Wisconsin, has a workers’ compensation system.
Under [Wisconsin workers’ compensation law](https://dwd.wisconsin.gov/dwd/publications/wc/WKC-7580.htm), anyone working for an employer who has at least three employees is covered by workers’ compensation. Some employers are exempt, such as farmers, but the vast majority of Wisconsin employees come under the workers’ comp system. Employers are required to purchase workers’ compensation insurance to cover their employee’s injuries. In exchange, employees generally cannot sue their employers for damages from on-the-job injuries – including slips and falls.
**Workers’ Comp Coverage Is Far-Reaching**
Workers’ compensation coverage is about as broad as you could want. The law requires that employers purchase Wisconsin workers’ compensation insurance to cover injuries at work. That insurance covers injuries of all kinds so long as they occur in the course of an employee’s activities “growing out of and incidental to” that employment. That means if you are doing your job and suffer a slip and fall accident that causes you to be injured you can get workers’ compensation benefits. This includes injuries from:
- Slip and fall accidents that happen while on a work permitted break.
- Slip and fall accidents that happen walking from your car across the company parking lot.
- Slip and fall accidents that happen while performing any of the duties of your job.
That’s good news because slip-and-falls are the second-leading cause of workplace injuries. Along with the other top three leading causes of workplace injuries, slips and falls cause 84 percent of all non-fatal workplace injuries that result in days away from work. Further, they can be difficult to guard against. Slip and fall accidents can happen due to any of the following reasons and more:
- Wet floors.
- Floors that are made slippery by spills.
- Floors covered with workplace debris.
- Floors and stairways that are not properly maintained.
Slips or trips because of such conditions need not even result in falls to cause an injury. For example, an employee can slip on a slick or wet floor but grab a handrail or some other object and be able to avoid falling. That employee still could pull a muscle or suffer some other injury, which would be covered by workers’ compensation insurance.
**If You Have Been Injured At Work, Talk To A Milwaukee Work Injury Attorney**
The [Milwaukee workers’ compensation attorneys](https://www.gillickwicht.com/about) of Gillick, Wicht, Gillick & Graf are passionate about fighting for the rights of our clients, no matter where in Wisconsin they might be. They know that you, your family, and your loved ones are entitled to the most financial compensation possible if you are injured while you are at work.
If you have suffered an injury at work, you should talk to the talented Wisconsin workers’ compensation lawyers at [Gillick, Wicht, Gillick & Graf](https://www.gillickwicht.com/Contact.shtml) as soon as possible. They will provide a free evaluation of your case with no obligation. Our attorneys, working from our Milwaukee office, represent injured employees anywhere in Wisconsin. Call today to schedule your free consultation at 414-257-2667.
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**Categories:** Workers Compensation Attorneys
**Tags:** slip and fall, workers' comp
---
### [Never Post on Social Media After an On the Job Injury](https://www.gillickwicht.com/never-post-on-social-media-after-an-on-the-job-injury/)
**Published:** August 23, 2021
**Author:** admin
**Content:**
Social media makes it a lot easier for people to stay connected. The [Pew Research Center](https://www.pewresearch.org/) reports that 7 in 10 Americans use social media on a regular basis. Facebook, Instagram, Twitter, and many other social media applications are popular tools for people to share their lives. If you were just hurt on the job, you may have a lot that you want to say—but you should not post about it on your social media accounts. In this article, our [Milwaukee workers’ compensation lawyers](https://www.gillickwicht.com/workers-compensation) explain why you should never post on social media after an on-the-job injury in Wisconsin.
**Three Tips for Social Media and Workers’ Comp Claims**
**Tip #1: What You Post on Social Media Can Be Used Against You**
A social media page can feel very personal. You can share what you want when you want. At the same time, anything posted on your social media account is public information. If you are involved in any type of legal case, the other side has the right to review your social media accounts to look for information that they can use against you. People lose legal cases every day due to posting things online that the opposition can use for evidence.
**Tip #2: Social Media Posts Can Easily Be Taken Out of Context**
You may be wondering why your social media could adversely affect your workers’ compensation claim. The primary reason is that the things you share on your account can easily be taken out of context.
As an example, imagine that you suffered a serious back injury at work last month. You are currently pursuing a workers’ comp claim. The insurance companies decide to review your public Facebook account. When doing so, they see a picture of you smiling while walking in the park.
That could be used to argue that your back injury is “not that bad” and workers’ comp benefits should be cut off much sooner. Of course, that picture is merely a snapshot and does not tell the whole story—but insurers are incentivized to find information they can use against you.
**Tip #3: Enhanced Privacy Settings are Not Necessarily Enough**
It is a best practice to tighten the privacy setting on your social media account. That being said, even the strongest of privacy settings are not necessarily good enough to protect you. From a legal perspective, your social media account is public information — regardless of the nature of your privacy settings. Your employer or the insurance company could still end up seeing your account. Spare yourself the trouble and avoid posting on social media after an on-the-job injury.
**Schedule a Free Consultation With a Wisconsin Workers’ Comp Attorney**
At Gillick, Wicht, Gillick & Graf, our Milwaukee workers’ comp lawyers are proud to be a part of the Injured Worker’s Law™ Firm. Call us at 414-257-2667 or contact us online for a no-cost, no-obligation evaluation of your workers’ comp claim. From our Milwaukee office, we represent injured workers throughout the surrounding area, including in West Allis, Oconomowoc, Brookfield, Janesville, Racine, Kenosha, and Sussex.
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**Categories:** Worker’s Compensation Lawyer
**Tags:** workers' comp
---
### [How Long Does It Take To Get Workers' Compensation After A Work Injury?](https://www.gillickwicht.com/how-long-does-it-take-to-get-compensation-after-a-work-injury)
**Published:** February 5, 2020
**Author:** admin
**Content:**
Every year, tens of thousands of people are injured on the job in Wisconsin. If your work injury required professional medical attention or you were forced to miss several days on the job, you may apply for [workers’ compensation benefits](https://www.gillickwicht.com/workers-compensation "Worker’s Compensation Benefit"). Employers in Wisconsin must provide no-fault workers’ comp insurance coverage to employees. This raises an important question: How long will I have to wait to get my workers’ comp claim paid in Wisconsin?
## Workers’ Compensation Timeline: It Depends — But an Update Should Come Within Weeks
How long it will take to get workers’ compensation after a work injury depends on several different factors. In Wisconsin, injured workers typically receive an important update on the status of their claim within a few weeks. With some exceptions, you should receive written notice indicating your claim was approved or denied in two (2) to four (4) weeks. If you submit a claim and more than a month has passed and you have not received any update from your employer or insurance adjuster, call an experienced attorney right away.
### **Four Tips to Help You Get Your Claim Approved More Quickly**
**1. Report Your Accident Right Away**
As the [Wisconsin Department of Workforce Development](https://dwd.wisconsin.gov/wc/workers/fileaclaim.htm) makes clear, injured workers have a legal duty to report their injuries to their supervisor/employer. Failure to do so could result in your claim being outright rejected. To ensure efficient processing of your workers’ comp benefits, make sure you immediately notify your employer.
**2. Do Not Wait to File a Claim**
Notifying your supervisor of your work injury is not the same thing as filing a workers’ comp claim. Make sure you submit all the paperwork without any unjustified delay. You should always take the time you need to build a proper claim, but, you do not want to wait too long to file a claim.
**3. Attend All Medical Appointments and Provide Comprehensive Records**
One of the primary reasons workers’ comp claims are delayed or denied in Wisconsin is disputes regarding medical records. While you cannot control mistakes made by the insurance company, you can certainly help to facilitate a faster claim by seeking medical attention, attending all follow-up appointments, and ensuring all relevant medical records have been included with your application.
**4. Get Immediate Help if You Received an Adverse Decision**
Unfortunately, some valid workers’ comp claims are initially denied. Although receiving an adverse decision will slow down the process, it does not mean you are entirely out of luck. If you have received a denial letter or other type of unfavorable decision, it is imperative you consult with an experienced Milwaukee workers’ comp attorney as soon as possible.
### Call Our Wisconsin Workers’ Compensation Lawyers for Immediate Assistance
At Gillick, Wicht, Gillick & Graf, our Milwaukee work injury lawyers have aggressively fought to protect the legal rights and economic interests of injured workers and their family members since 1948. We will help you obtain the maximum available financial compensation in the most efficient possible manner. To get a free review of your case, please [contact our law firm](https://www.gillickwicht.com/Contact.shtml) now. We represent injured workers in Milwaukee County, Waukesha County, Racine County, and throughout Wisconsin.
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**Categories:** Workers’ Compensation Lawyer
**Tags:** worker's compensation after work injury
---
### [What to Look for When Hiring a Wisconsin Workers' Compensation Lawyer](https://www.gillickwicht.com/what-to-look-for-when-hiring-a-wisconsin-workers-compensation-lawyer/)
**Published:** March 11, 2020
**Author:** admin
**Content:**
Was your workers’ compensation claim denied? Are you having trouble navigating the process or accessing the full and fair benefits that you deserve? If so, it is time to get a strong, skilled [Wisconsin workers’ comp attorney](https://www.gillickwicht.com/workers-compensation "Wisconsin Workers’ Compensation Attorney") in your corner.
Finding the right lawyer can be challenging. You need to know how to select the best attorney. Here, our legal team has put together a list of some of the most important qualities to look for when hiring a work injury attorney in Wisconsin.
**Five Qualities to Look for in a Wisconsin Workers’ Compensation Lawyer**
**1. Relevant Experience**
The best workers’ compensation lawyers have relevant experience. Workers’ comp claims and workers’ comp appeals are challenging highly technical legal cases. You need an attorney who has been there before and who has a deep understanding of the process. As a rule, it is best to look for a lawyer who focuses most of their professional practice on work injury cases.
**2. Strong Professional Reputation**
Top workers’ compensation lawyers have developed a strong reputation in their field — both among their peers and their adversaries. In checking the credentials of an attorney, you can start by running a search with the [State Bar of Wisconsin](https://www.wisbar.org/Pages/BasicLawyerSearch.aspx). Find a legal professional who has the proper license as well as is in good standing with the Bar Association.
**3. A History of Satisfied Clients**
For injured workers, nothing is more important than results. You need full and fair workers’ comp benefits to pay your medical bills and support your family. If an attorney cannot protect your rights, all the professional accolades in the world are meaningless. Look for a workers’ compensation lawyer who can demonstrate [reviews and testimonials](https://www.gillickwicht.com/Testimonials.shtml) from previous clients.
**4. A Free Consultation and No Fees Until You Get Paid**
Look for a Wisconsin workers’ compensation law firm that offers free initial consultation. An initial consultation will give you an opportunity to ask questions about your case and about an attorney’s experience and background. It is also a good idea to look for a workers’ compensation lawyer who only gets paid when you get paid. If a lawyer cannot help you recover work injury compensation, you do not want to be on the hook for fees.
**5. Commitment to Your Case**
The top workers’ compensation lawyer in the world is not worth much if they are not going to put time, energy, and resources into your case. During a free initial consultation, make sure you are hiring an attorney who is committed to getting you the best possible results. Your case matters. You should never be treated like just another case that needs to be settled as quickly as possible.
**Contact Our Wisconsin Workers’ Comp Lawyers for Immediate Assistance**
At Gillick, Wicht, Gillick & Graf, we fight tirelessly to protect the legal rights and financial interests of injured workers throughout Wisconsin. To schedule a no-cost, no-obligation review of your workers’ compensation claim, please do not hesitate to [contact us](https://www.gillickwicht.com/Contact.shtml) today. We represent injured workers in Milwaukee and throughout Wisconsin, including Appleton, Fox Valley, Janesville, Madison, Sheboygan, Wisconsin Rapids, and beyond.
admin
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**Categories:** Workers’ Compensation Lawyer
**Tags:** Hiring a Wisconsin Workers' Compensation Lawyer
---
### [Reasons for Denial Of Workers’ Compensation Claims](https://www.gillickwicht.com/reasons-for-denial-of-workers-compensation-claims/)
**Published:** December 9, 2020
**Author:** admin
**Content:**
## Worker’s Compensation Claims
Work injuries are stressful. You need financial compensation to pay your bills and support the people you care about. Unfortunately, in some cases, workers’ comp claims are denied by the big insurers. If your claim was denied, you have the right to file an appeal. In this article, our [Milwaukee work injury attorneys](https://www.gillickwicht.com/workers-compensation "Milwaukee Work Injury Attorneys") highlight five common reasons why workers’ comp claims are denied in Wisconsin and we explain what you need to do to appeal an unfavorable decision.
**Why Workers’ Comp Claims Are Denied in Wisconsin**
**The Injury Was Not Reported in a Timely Manner**
You must report your accident/illness to your supervisor without unreasonable delay. As noted by the [Wisconsin Department of Workforce Development](https://dwd.wisconsin.gov/wc/workers/#fileclaim), failure to notify your employer could undermine your ability to recover benefits. An insurer may use it as a reason to deny a claim.
**You Never Received Professional Medical Attention**
Injured workers should see a doctor as soon as possible. Not only is this crucial for their own safety, but it will allow for the easier recovery of workers’ comp benefits. If you do not see a doctor, you may not be able to bring a claim.
**The Injury or Illness Was the Result of a Pre-Existing Condition**
A workers’ compensation claim could be denied on the grounds that an injury or illness is a pre-existing condition. To be clear, a pre-existing injury exacerbated by a work injury is covered by Wisconsin workers’ comp insurance.
**The Injury Did Not Happen at Work**
To recover workers’ comp benefits, you must establish your injury happened in the workplace. Injuries that occurred off the physical premises of your employer may still be covered. Under Wisconsin law ([Wis. Stat. § 102.03(1)](http://docs.legis.wisconsin.gov/statutes/statutes/102/03)), workers must prove that they were hurt in the ‘course and scope’ of their employment.
**Your Employer Disputes the Claim**
Finally, it is important to emphasize that employers can dispute workers’ compensation claims for a wide variety of reasons. If your employer disputes your claim, your benefits may be denied, and you may need to file an appeal to get the compensation you are owed.
**You Have the Right to Appeal a Workers’ Compensation Denial**
When a workers’ comp claim is denied in Wisconsin, the insurance company must send a written notice. Among other things, that notice should briefly explain the reason for denial and lay out the steps that you need to take to appeal the decision. To start, you have to request a hearing from our state’ workers’ comp division. If you received a denial letter, an experienced workers’ comp lawyer can help you build a strong appeal to get the benefits that you deserve.
**Call Our Milwaukee Workers’ Comp Denial Lawyers Today**
At Gillick, Wicht, Gillick & Graf, our Milwaukee workers’ comp attorneys are aggressive, experienced advocates for injured workers and their family members. If your workers’ compensation claim was denied, we are more than ready to help. [Contact our Milwaukee office](https://www.gillickwicht.com/Contact.shtml) today for a free, no-obligation consultation. We handle workers’ comp appeals throughout Wisconsin, including in West Allis, Waukesha, Racine, Kenosha, Menomonee Falls, Janesville, Fond du Lac, and Sheboygan.
admin
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**Categories:** Workers’ Compensation Lawyer
**Tags:** worker's compensation claims
---
### [Mistakes People Make After an On-The-Job Injury](https://www.gillickwicht.com/mistakes-people-make-after-an-on-the-job-injury/)
**Published:** January 14, 2021
**Author:** admin
**Content:**
Workplace accidents remain far too common in our region. Each year, thousands of people in Wisconsin are forced to miss time on the job because of a serious incident. Workers’ comp insurance offers some much-needed financial protection — ensuring injured employees get medical treatment and compensation for lost wages.
Unfortunately, many people make mistakes after suffering a work injury. These mistakes could undermine your ability to get the full and fair benefits that you rightfully deserve. If you have any specific questions about your rights or your options, reach out to our [workers’ compensation lawyers in Milwaukee](https://www.gillickwicht.com/workers-compensation "Workers’ Compensation Lawyers in Milwaukee") for immediate help.
**Five Common Mistakes People Make After Suffering an On-the-Job Injury**
**Failing to Seek Immediate Medical Attention**
If you were hurt on the job in Milwaukee, you need to see a doctor. Above all else, seeking professional medical attention is necessary for your own health, safety, and well-being. You deserve high-quality care. Beyond that, you cannot access workers’ compensation benefits in Wisconsin unless you see a doctor.
**Not Reporting the Work Accident to Your Employer**
All on-the-job injuries should be reported right away. The [Department of Workforce Development](https://dwd.wisconsin.gov/dwd/publications/wc/WKC-7580.htm) is clear: “An injured employee should give notice to the employer within 30 days of any injury.” Failure to do so could be used as an excuse to deny your claim. Protect your rights by telling your employer as soon as possible.
**Thinking that Telling Your Supervisor is the Same as Filing for Benefits**
It is important to emphasize that reporting your injury to your employer is not the same thing as filing for workers’ comp benefits. Notifying your company or organization is a necessary step. From there, you need to make sure you file a workers’ comp claim.
**Skipping Medical Appointments or Declining Follow-Up Care**
Injured workers should continue receiving professional care until they reach the point of maximum medical improvement (MMI). One of the biggest mistakes you can make is skipping medical appointments or declining to seek follow-up care. Beyond the health considerations, doing so could undermine your workers’ comp claim.
**Giving Up After Receiving a Workers’ Comp Denial Letter**
Finally, you should not give up if you receive a denial of your initial workers’ comp claim. Many claims are denied in error. You have the right to file an appeal. If you got a denial letter, set up a free consultation with an experienced [Milwaukee workers’ comp appeals attorney](https://www.gillickwicht.com/workers-compensation/workers-compensation-appeals.shtml "Milwaukee Workers’ Comp Appeals Attorney"). A lawyer will help you take action to protect your rights and get your benefits.
**Get Professional Help: Find a Workers Comp Lawyer Near Me**
At Gillick, Wicht, Gillick & Graf, our Milwaukee workers’ comp attorneys are reliable and forceful advocates for workers and their families. We have been the region’s most trusted work injury law firm since 1948. [Contact us right away to set up a free, completely private review of your case. We represent injured workers throughout Wisconsin, including in Milwauke](https://www.gillickwicht.com/Contact.shtml)e, Waukesha, Kenosha, South Milwaukee and Janesville.
admin
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**Categories:** Workers’ Compensation Lawyer
**Tags:** Job Injury, worker's compensation
---
### [Just What Is Worker’s Compensation Anyway?](https://www.gillickwicht.com/just-what-is-workers-compensation-anyway/)
**Published:** August 21, 2018
**Author:** admin
**Content:**
Many people have told us over the years that they don’t want to make a claim for worker’s compensation because they don’t want to *sue* their employer. But making a claim for worker’s compensation is absolutely not suing your company. Well, if that is true, then just what is worker’s compensation?
Worker’s compensation is a type of insurance provided to all workers (with very few, rare exceptions). It is just like your health insurance or your sick pay. It is that kind of insurance for people who get hurt at work. It is a no-fault system. It does not matter who was at fault. If you get hurt at work, you are automatically covered by your employer’s worker’s compensation insurance.
That insurance provides three basic benefits. First, it provides for payment of all medical expenses incurred because of the injury. Second, it provides for payment of two-thirds of your wages during the time you are off work and healing. Third, if you have a permanent disability of some kind, it provides some payment for that.
For an injury to be work-related, two things have to be true. First, the injury must happen while you are in the course of your employment. So, it must happen on the employer’s property or on the parking lot provided by the employer. Second, it must arise out of the employment. That means that your employment must have had something to do with you getting injured.
There are two basic kinds of work-related injuries. The first is called a traumatic injury. It is specific as to time and place. For instance, you get hit by a forklift. The second kind of injury happens over time. For instance, you lose your hearing because of years of noise, or you have lung problems from years of exposure to dust and fumes.
That is it. There are various ways that disputes can arise, but these are the basics. All workers (with those rare exceptions) are automatically covered for work injuries regardless of fault. Making a worker’s compensation claim is basically the same thing as making a claim for health insurance or sick pay. You don’t sue your company when you use your medical insurance, and you don’t sue your company when you make a claim for worker’s compensation.
One more thing. An experienced [worker’s compensation lawyer](https://www.gillickwicht.com/workers-compensation "Worker’s Compensation Lawyer") will tell you exactly what your rights are, and she or he will not charge you anything for telling what those rights are. So, if you have any questions about your case, call us. Gillick, Wicht, Gillick & Graf, 1-414-257-2667. We will let you know if you have a case and what kind of benefits you deserve.
admin
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**Categories:** Workers' Compensation
---
### [Injuries from Repetitive Use](https://www.gillickwicht.com/injuries-repetitive-use/)
**Published:** April 5, 2018
**Author:** admin
**Content:**
There are two ways that workers get injured. The first is from a specific accident. Lawyers call these traumatic injuries. The second, and far more common injury, is from repetitive exposure or use. Exposure to noise over a period of time causes hearing loss. Repetitive lifting can contribute to back problems. Exposure to chemicals can cause sensitivity or diseases of various kinds.
Not only are [repetitive use injuries](https://www.gillickwicht.com/workers-compensation "Workers’ Compensation Attorney") more common, they also require a lower standard of proof than traumatic injuries. Under Wisconsin law, if your work is just one of the factors contributing to your injury or condition, the whole problem must be paid as work-related.
There are many kinds of repetitive injuries. If you have a back problem and you do physical labor, that back problem may be work-related. If you have breathing problems and are exposed to coolants or other chemicals at work, your breathing problems may be work-related. If you are on your knees regularly at work and develop knee problems, they could be work-related. The same goes for hip problems and shoulder problems. And, of course, if you are exposed to noise at work and have hearing problems, that is likely work-related.
At Gillick, Wicht, Gillick & Graf, we regularly pursue repetitive use injuries on behalf of workers. If you feel that you have a repetitive use injury, here are some things you can do:
**1. Call us.** We do not charge any fees unless we get you some money. So, if you think you have a repetitive use injury to your back or knees or hips or shoulders, or if you think you have developed lung problems or other disease problems because of exposure to something at work, call us at 414-257-2667 and talk to one of our lawyers. We will review the facts with you, and, if we think we can help, we will let you know and take steps to establish your case.
**2. Talk to your doctor.** Let your doctor know that your work is contributing to your health problem. Let the doctor know what you do and how you think it is affecting you. Make sure you tell your doctor exactly what it is at work that is contributing to your problem.
**3. Report the condition to your employer.** Make sure that your employer knows what your health problem is and why you think your work is contributing to it.
**4. DO NOT QUIT.** Your back or hip or knee or other health problem may be aggravated by continuing your job. However, if you voluntarily quit, you may be severely limited in the claims that you can make. You should, of course, follow your doctor’s advice. If the doctor tells you to stop working, you should do that. Never simply voluntarily quit.
We, the lawyers at Gillick, Wicht, Gillick & Graf, have represented only injured workers throughout Wisconsin for many years, and we want to help you get what you deserve under the law. If you have a repetitive use injury, call us today at 414-257-2667. You will talk to one of our lawyers, and we will tell you, free of charge, exactly what your rights are. You have the right to know, and you have the need to know.
Gillick, Wicht, Gillick & Graf. 414-257-2667. We are the injured worker’s law firm.
admin
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**Categories:** Workers' Compensation
---
### [Do You Know Your Rights if Injured at Work?](https://www.gillickwicht.com/do-you-know-your-rights-if-injured-at-work/)
**Published:** July 9, 2018
**Author:** admin
**Content:**
People who get hurt at work often ask when they should talk to a lawyer. The answer: **RIGHT AWAY!**
Why? There are several reasons, but the first one is that it is free. We at Gillick, Wicht, Gillick & Graf never charge for our services unless we actually get you money, and even then our fee is only twenty percent of the amount we get you. If you are hurt at work, you need to know what *all* your rights are, and the insurance company is not likely to tell you. We will explain all your rights, and we will give you a book that tells you what those rights are.
It is likely that insurance companies save tons of money simply because the injured worker did not know what to ask for. You have that money coming, and the only way to get it is to find out what your rights are. Call us at 414-257-2667. You will talk to an experienced worker’s compensation lawyer, and you will get all the information you need free of charge.
There are several other reasons why you should call an experienced [worker’s compensation](https://www.gillickwicht.com/workers-compensation "Workers’ Compensation Attorney") attorney. For instance, the insurance company has a whole staff of experienced people working in its interest, you need an experienced worker’s compensation attorney on your side. Also, if you have to file for a hearing, there are several things that must be done for that hearing. We have, over the past seventy years, represented thousands of injured workers. You need that kind of experience to get your hearing done right.
Basic point: you need to know your rights. You deserve to know your rights. You can get that advice. Just call 414-257-2667.
admin
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**Categories:** Workers' Compensation
---
### [Denied Workers’ Compensation Claim – What are My Next Steps?](https://www.gillickwicht.com/denied-workers-compensation-claim-what-are-my-next-steps/)
**Published:** May 22, 2019
**Author:** admin
**Content:**
In Wisconsin, most employees are covered by workers’ compensation insurance. If you were hurt on the job, workers’ compensation provides much needed medical benefits and wage loss benefits. Unfortunately, some injured workers struggle to get the full workers’ compensation they rightfully deserve. If your claim was rejected, you need to take immediate action to protect your rights. Here, our [Milwaukee workers’ compensation attorneys](https://www.gillickwicht.com/workers-compensation "Milwaukee workers’ compensation lawyers") highlight four important steps you should take if your workers’ compensation claim was denied in Wisconsin.
**Step 1: Determine Why Your Claim Was Denied**
As a starting point, you need to know exactly why your workers’ compensation claim was denied. You should have received a written denial letter, which provides a basic explanation. However, as these denial letters tend to be vague and filled with complicated, industry-specific language, you might still be confused. A Milwaukee workers’ compensation lawyer can help you understand precisely why your claim was turned down. Some of the most common reasons include:
- A mistake on the initial workers’ compensation application;
- Lack of sufficient medical documentation or vocational evidence;
- Disputes over whether the employee was truly “at work” when the accident occurred;
- Disagreement regarding the severity of the injuries;
- A claim the injury was actually a pre-existing condition; or
- Errors or bad faith by the insurer.
**Step 2: Speak to a Milwaukee Workers’ Compensation Lawyer**
After receiving a denial letter, you should consult with an experienced Milwaukee work injury lawyer right away. Your lawyer will be able to conduct a comprehensive review of your case to determine what action should be taken to protect your rights and interests. The appeals process is complicated — and much more so if you do not work with a qualified attorney by your side.
**Step 3: File an Appeal — Request a Hearing**
Your initial appeal must be filed directly with the Wisconsin Department of Workforce Development. To request a hearing, you should complete and submit [Form WKC-7](https://dwd.wisconsin.gov/dwd/forms/wkc/pdf/wkc_7.pdf). Once you file this form, your case will be assigned to an administrative law judge. It is highly recommended you consult with a lawyer before your hearing actually occurs. To win an appeal, you must present a compelling claim, which is backed by strong supporting evidence.
**Step 4: Escalate the Claim to the Labor and Industry Review Commission (LIRC)**
If an administrative law judge declines to grant you the workers’ compensation benefits you deserve, you can escalate your workers’ compensation appeal to the next level. Please note: You only have 21 days after receiving a denial from an administrative law judge to file an appeal. This appeal will be handled by the [Wisconsin Labor & Industry Review Commission (LIRC)](http://lirc.wisconsin.gov/default.htm).
**Get Help From Our Milwaukee Workers’ Compensation Lawyers Today**
At Gillick, Wicht, Gillick & Graf, our Wisconsin workers’ compensation lawyers are dedicated advocates for injured workers. If your claim was denied, we are here to help. There is no fee for our services until you get paid. For a free, no obligation consultation, please [contact our law firm](https://www.gillickwicht.com/Contact.shtml) today. With an office in Milwaukee, we serve communities throughout the region.
admin
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**Categories:** Workers' Compensation
---
### [Crucial Questions About Workers' Compensation](https://www.gillickwicht.com/crucial_questions_about_workers_compensation/)
**Published:** October 4, 2019
**Author:** admin
**Content:**
A job-related injury can cause a tremendous amount of disruption to your career, your finances, your family and your life. Through a [workers’ compensation claim](https://www.gillickwicht.com/workers-compensation "Workers’ Compensation Claim"), an injured worker can seek no-fault benefits to cover their medical bills and lost wages. However, there are a lot of myths and misconceptions about workplace injuries and the claims process. Here, our legal team answers four crucial questions about workers’ compensation in Wisconsin.
1. **1. What Should I Do if I am Injured on the Job?**
You need to get professional medical treatment. Severe injuries always require emergency care. Beyond that, seemingly mild or moderate injuries should also be checked out by a doctor. You cannot pursue a workers’ comp claim unless you have seen a physician.
As noted by the [Wisconsin Department of Workforce Development](https://dwd.wisconsin.gov/wc/workers/fileaclaim.htm), injured workers have a legal responsibility to report their injury to their immediate supervisor. If you fail to report your injury to your employer, you may be prevented from obtaining workers’ comp benefits.
2. **2. Do I Actually Have a Workers’ Compensation Claim?**
In Wisconsin, employers are required to carry no-fault workers’ comp coverage. You do not have to prove your employer caused your accident. Instead, anyone who has suffered a loss because of a job-related injury most likely has a valid workers’ comp claim. To recover benefits, you must demonstrate you were hurt while working *and* you suffered actual losses as a result of your injuries.
3. **3. Can I Choose My Own Doctor?**
Yes. You have the right to seek treatment from your own doctor. Injured workers should be comfortable with their doctor. If you were hurt on the job, you can seek treatment from any physician in Wisconsin. If the insurance company or your employer wants you to go to a specific doctor, call us.
4. **4. What Benefits Will I Be Able to Recover?**
It depends on the nature and severity of your injuries. As a starting point, injured workers should be compensated for all medical care that is “reasonable and necessary.” You should never be paying out-of-pocket to treat a workplace injury.
Additionally, injured workers are entitled to wage loss compensation. If you were forced to miss time at work because of your injuries, you will get two thirds (2/3) of your average weekly wage, up to a maximum allowable amount.
Finally, if you sustained severe injuries — meaning injuries that will result in a permanent disability or impairment — additional compensation should be offered. With these types of claim, injured workers should always be represented by an experienced attorney.
**Schedule Your Free Workers’ Compensation Consultation Today**
At Gillick, Wicht, Gillick & Graf, we fight for the rights and interests of workers in Wisconsin. If you or your family member was hurt on the job, our legal team is here to help. For a free, no obligation consultation, please [contact us](https://www.gillickwicht.com/Contact.shtml) now. From our office location in Milwaukee, we handle workers’ comp claims throughout the region, including in Brookfield, West Allis, Waukesha, Racine, and Kenosha.
admin
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**Categories:** Workers’ Compensation Lawyer
---
### [Can I Get Worker's Compensation If I Contract COVID at Work?](https://www.gillickwicht.com/can-i-get-workers-compensation-if-i-contract-covid-at-work/)
**Published:** February 10, 2021
**Author:** admin
**Content:**
## Worker’s Compensation For COVID-19
As the COVID-19 (coronavirus) pandemic is hitting communities across the country many workers are wondering if they can get worker’s compensation for COVID-19. The [Wisconsin Department of Health Services](https://www.dhs.wisconsin.gov/covid-19/index.htm) reports that 474,537 cases of the respiratory virus have been confirmed in the state as of December 29th. For many people, their workplace is an area of potential exposure.
This raises an important question: Can I get worker’s compensation for COVID-19 in Wisconsin? The short answer is ‘yes’—but only when certain criteria are met. Here, our [Milwaukee worker’s comp attorney](https://www.gillickwicht.com/workers-compensation "Milwaukee workers’ compensation lawyers") explains the key things you should know about COVID-19 and workers’ compensation benefits in Wisconsin.
**Wisconsin Worker’s Comp For COVID-19: Your Guide to COVID-19 Claims**
1. **COVID-19 is a Compensable Illness Under the Law**
As a starting point, we should emphasize that it is possible to get worker’s compensation for COVID-19. In Wisconsin, the overwhelming majority of employees are entitled to no-fault worker’s compensation coverage. Under this coverage, work-related illnesses are compensable conditions. The COVID-19 virus is no exception. Similar to other occupational illnesses, an employee has the right to seek worker’s comp benefits for medical treatment and lost wages related to the COVID-19 virus.
2. **The Virus Must Be Contracted in the Course and Scope of Employment**
The primary challenge that Wisconsin workers face is linking COVID-19 exposure to their place of employment. Unfortunately, the virus spreads in all types of settings. You can only obtain workers’ compensation for COVID-19 if you can successfully establish that you contracted the virus in the course and scope of your employment. In other words, you must prove that you got the virus while at work or while doing something to further the interests of your employer.
3. **A First Responder Presumption Was in Place—But it Already Expired**
Previously, Wisconsin put a temporary emergency order in place creating a rebuttable presumption of coverage for first responders. During that period, first responders—firefighters, police officers, EMTs, etc.—were presumed to have contracted COVID-19 in the workplace, unless proven otherwise. However, that presumption was allowed to expire in May of 2020. First responders must also overcome the challenge of linking COVID-19 to their place of employment.
4. **A Worker’s Comp Lawyer Can Help Protect Your Rights and Establish Causation**
If you or your loved one contracted COVID-19 at work in Wisconsin, you have the right to file for worker’s compensation benefits. To bring a claim, you will be required to prove that the exposure occurred in the workplace. An experienced Milwaukee worker’s compensation lawyer can help you establish causation and clear any other obstacles that stand in your way to recovering the full and fair benefits that you deserve.
**Call Our Wisconsin Worker’s Compensation Attorney for Immediate Help**
At Gillick, Wicht, Gillick & Graf, our Wisconsin worker’s compensation law firm is committed to providing the highest level of legal representation to clients. If you have any questions about COVID-19 and worker’s comp benefits, we can help. [Contact us](https://www.gillickwicht.com/Contact.shtml) today for a free, no-commitment initial consultation. With a law office in Milwaukee, we serve communities all over Southern Wisconsin, including in West Allis, Brookfield, Waukesha, South Milwaukee, and Greenfield.
admin
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**Categories:** Workers’ Compensation Lawyer
**Tags:** worker's compensation for COVID
---
### [Why It is Important to Report All Work Accident Injuries](https://www.gillickwicht.com/why-it-is-important-to-report-all-work-accident-injuries)
**Published:** October 7, 2020
**Author:** admin
**Content:**
If you were injured on the job in Wisconsin, it is imperative you report your accident to your supervisor as soon as possible. Not only is it your right to report your injuries — it is your legal duty. Should you fail to report an accident, it could make it more difficult to get access to medical care or workers’ comp benefits. Here, our [Milwaukee workers’ comp lawyers](https://www.gillickwicht.com/workers-compensation "Milwaukee workers’ compensation lawyers") explain why it is so important to report a workplace accident promptly in Wisconsin.
**Three Reasons Why You Should Report All Workplace Injuries in Wisconsin**
**You Have an Obligation to Report Work Accidents**
Wisconsin law is crystal clear: All work accident injuries should be promptly reported. Both employers and employees have a responsibility to report a workplace accident. As a worker, your failure to comply with the state’s regulations could undermine your ability to bring a successful workers’ comp claim. The [Department of Workforce Development](https://dwd.wisconsin.gov/wc/workers/fileaclaim.htm) emphasizes that injured workers should:
- Tell your supervisor that you think you suffered an injury immediately — even if the injury is relatively minor;
- Get all necessary medical attention as soon as possible, potentially including seeking first aid and seeing a doctor; and
- Maintain records of your medical care and any related payment information.
The best practice is to report your injury to your supervisor or your company’s human resources department on the day it happened or at the earliest point you can. Though, Wisconsin law generally gives an employee 30 days to report a job-related injury.
**It is Your Right to Report a Work Accident Injury**
Regardless of how your work accident injury occurred, you have the legal right to report it to your employer and seek workers’ comp benefits. Wisconsin employers are required to accept reports from injured workers, notify their insurance carrier, and are strictly prohibited from taking any retaliatory action against an injured employee. If your employer pressured you into concealing your injuries or if your employer took adverse action against you because you got hurt, call a Milwaukee workers’ comp lawyer right away.
**Getting Proper Medical Care and Workers’ Comp Benefits Will Be Easier**
Reporting your work accident will help to ensure you access the right medical care and the maximum available workers’ comp benefits. In many ways, the claims process starts in the immediate aftermath of a workplace accident. You should notify your supervisor, seek the medical attention you need, and get started with the paperwork to get workers’ comp benefits to cover all your related medical expenses and any lost wages.
**Call Our Milwaukee, WI Workers’ Comp Lawyers for Help**
At Gillick, Wicht, Gillick & Graf, our Wisconsin work injury attorneys are aggressive, results-driven advocates for clients. If you have questions about reporting your workplace accident, we can help. [Contact our Milwaukee office](https://www.gillickwicht.com/Contact.shtml) today for a free, no-commitment review of your case. We are proud to advocate for the rights and interests of injured workers throughout Wisconsin.
admin
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**Categories:** Workers’ Compensation Lawyer
**Tags:** work accident injuries, worker's compensation
---
### [How is My Disability Settlement Calculated After a Work Injury?](https://www.gillickwicht.com/how-is-my-disability-settlement-calculated-after-a-work-injury)
**Published:** August 7, 2019
**Author:** admin
**Content:**
If you or your loved one was injured on the job in Wisconsin, you are entitled to fair workers’ comp benefits. Typically, these benefits will include coverage for your medical bills and compensation for lost wages. Beyond that, if you have a disability or impairment as a result of your work injury, you may be eligible to recover additional compensation.
Work injury disability claims are deeply complex. Unfortunately, many injured workers have a difficult time getting access to the full disability benefits they rightfully deserve. Below, our [Milwaukee workers’ compensation lawyers](https://www.gillickwicht.com/workers-compensation "Milwaukee workers’ compensation lawyers") provide an overview on how disability settlements are calculated after a major work injury in Wisconsin.
**Injured Workers Must Reach Maximum Medical Improvement**
Disability benefits come in several different forms, including permanent partial disability and permanent total disability. If you were severely hurt on the job, your disability compensation will be based on the specific nature of your condition. Before disability compensation can be calculated, an injured worker’s condition must be assessed.
In Wisconsin, a permanent partial or permanent total disability determination will only be made after doctors have decided the injured worker has reached Maximum Medical Improvement (MMI). MMI occurs when a patient’s medical condition has stabilized and no improvement is reasonably expected with additional treatment. That is not to say the worker will stop receiving medical treatment or rehabilitative care. Ongoing treatment may be required to prevent the condition from getting worse.
**Disability Settlements are Based on Disability Rating**
When an injured worker reaches MMI, they will be assigned a disability rating. Any eventual disability settlement will be based, in large part, on that rating. The Wisconsin Department of Workforce Development has published the Permanent Partial Disability (PPD) Schedule for different conditions that are ‘listed.’ Under this schedule, a certain number of weeks of wages is assigned for different types of injuries.
As an example, if a worker loses a hand in an accident, Wisconsin lists the condition at 400 weeks of compensation. This would be the baseline figure for disability settlement. However, not all conditions are listed on the schedule. Determining disability rating can be challenging. If your rating is too low, you may be offered less disability compensation than you deserve.
**How Our Workers’ Comp Lawyers Can Help You Get a Full Disability Settlement**
Our Milwaukee workers’ compensation attorneys are standing by, ready to answer questions you have about your legal rights. If you or your loved one suffered a disability in a work-related accident, it is imperative you have an aggressive attorney on your side. In far too many cases, disabled workers are not offered a full and fair disability settlement. We will make sure your disability rating is properly assigned, so you can obtain every penny you are owed.
**Speak to Our Milwaukee, WI Workers’ Comp Attorneys Right Away**
At Gillick, Wicht, Gillick & Graf, our work injury attorneys help clients get the maximum available work injury disability settlement. To arrange a free review of your case, please [contact us](https://www.gillickwicht.com/Contact.shtml). We serve injured workers throughout the region, including in Milwaukee, Appleton, Fox Valley, Kenosha, Racine, Sheboygan and Waukesha.
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**Categories:** Workers’ Compensation Lawyer
---
### [Why It Pays to Hire An Attorney For Your Worker's Compensation Claim](https://www.gillickwicht.com/why-it-pays-to-hire-an-attorney-for-your-workers-compensation-claim/)
**Published:** March 10, 2021
**Author:** admin
**Content:**
A work injury can disrupt your life in many ways but worker’s compensation can help. Through [worker’s compensation in Wisconsin](https://www.gillickwicht.com/workers-compensation), you can get coverage for your medical bills, financial support for lost wages, and compensation for permanent disabilities or impairments. Unfortunately, many injured workers struggle to get the maximum benefits that they rightfully deserve under Wisconsin law. It pays to hire an experienced workers’ compensation attorney.
**Five Reasons to Hire a Worker’s Compensation Lawyer in Wisconsin**
**1. You Were Pressured into Not Reporting Your Accident or Filing a Worker’s Compensation Claim**
The [Wisconsin Department of Workforce Development](https://dwd.wisconsin.gov/dwd/publications/wc/WKC-7580.htm#whois) emphasizes that nearly all workers in our state are covered by worker’s comp insurance. If you are hurt on the job, it is your basic legal right to file a claim and recover benefits. If your employer tries to pressure you into not reporting your accident or not filing, your rights have been violated. You should call an attorney immediately.
**2. Your Worker’s Comp Claim Was Denied**
The worker’s comp appeals process is complex. Do not give up hope if your initial claim is denied. Instead, get professional legal help. A Wisconsin work injury lawyer will review your case, explain your options, take action to bring a strong appeal, and help you maximize your worker’s comp benefits.
**3. You Were Asked to Attend an Independent Medical Exam (IME)**
The term ‘Independent Medical Exam (IME)’ is a misnomer. The doctor is paid for and selected by the insurance company. IMEs are typically scheduled when the insurance company is at least considering denying a claim or otherwise cutting off benefits. If you were asked to submit to an independent medical evaluation, consult with an attorney.
**4. Your Employer Directs You to a Doctor for Treatment**
It is your right to go to any doctor that you want. Your company does not have the right to require you to treat with a certain doctor or facility. You definitely want to choose your own doctor that has your best interests at heart. If your employer is telling you where to get medical treatment for your work injury, you should consult with a Wisconsin workers’ compensation attorney right away.
**5. You Suffered a Serious Injury and Are Not Able to Return to Work**
If you suffered a disability and have permanent limitations which affect your ability to return to work, you may be entitled to additional financial compensation. Insurers are incentivized to pay you as little as possible. They will not tell you about all of the claims you might be able to make. It pays to hire a top-rated Wisconsin workers’ compensation lawyer who can help make sure you get all of the benefits you are entitled to.
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[See Full Bio](https://www.gillickwicht.com/author/admin/)
**Categories:** Worker’s Compensation Lawyer
**Tags:** worker's compensation
---
### [What They Don’t Tell You](https://www.gillickwicht.com/what-they-dont-tell-you/)
**Published:** May 10, 2018
**Author:** admin
**Content:**
**1. Correct temporary disability rate.**
When you are injured and lose wages because of temporary disability or restrictions, you should be paid two-thirds of your wages (up to a certain maximum). There are two ways to calculate your wage. The first is to take your hourly rate times forty (for full time workers). So, if you make $20 per hour, your wage would be calculated at 20 times 40 or $800, and two-thirds of that is $533. But that doesn’t take into consideration overtime. The second way to calculate your wage is to figure out how much you made in the 52 weeks before your injury, and divide that figure by the number of weeks you worked in those 52 weeks. So, suppose you worked the whole 52 weeks, and you average ten hours of overtime each week. Your wages over that period of time would be $57,200, and your weekly wage would be $1100, so your weekly temporary disability check should be two-thirds of that or $733.33, or one hundred dollars more than figuring it the other way. You should demand that worker’s compensation calculate your wage both ways. You must be paid the higher of the two.
**2. Mileage.**
Very often, injured workers are not told that they should be paid mileage for any travel they do for medical treatment. Mileage is paid at 51 cents per mile. If you live at some distance from your treaters, this could add up to a large sum, particularly now when the cost of gasoline is on the rise. So, if you live thirty miles from your treating clinic, and if you had to go there twenty times for treatment, your mileage would be 600 miles, and worker’s compensation owes you $306. You should submit your mileage to your worker’s compensation carrier and demand payment for that item.
**3. Permanent disability.**
If your injury leaves you with some permanent limitations or other problems, worker’s compensation is supposed to make payments. The amount depends first of all on the percentage of disability that your doctor finds. Worker’s compensation is supposed to ask the doctor if there is any permanent disability, but often enough no one asks the doctor. If you feel that you should be paid permanent disability, you should ask your doctor, and if he agrees, you should demand payment for that disability. This can be complicated, so you should call one of our lawyers at 1-414-257-2667, and we will explain how it works in your particular case.
There are many other ways in which you can be shortchanged in a worker’s compensation case. Call Gillick, Wicht, Gillick & Graf, and we will analyze your facts and give you the information you need to be properly paid.
admin
[See Full Bio](https://www.gillickwicht.com/author/admin/)
**Categories:** Workers' Compensation
---
## Pages
### [Home](https://www.gillickwicht.com/)
**Published:** January 29, 2018
**Author:** admin
**Content:**
If you are injured on the job, we can help you get compensation. We offer FREE consultations to injured Wisconsin Workers and our fees are contingency-based, so you will not pay anything until we obtain compensation for you. In addition to our home office in Milwaukee, we have regular office hours throughout all areas of Wisconsin. **Call Today at 414-257-2667** [email us to schedule your FREE initial consultation](https://www.gillickwicht.com/Contact.shtml "Email us for free initial consultation").
---
### [Brookfield Worker’s Compensation Attorneys](https://www.gillickwicht.com/about/brookfield-worker-s-compensation-attorney.shtml)
**Published:** March 18, 2026
**Author:** admin
**Content:**
If you have been injured on the job in[ Brookfield, Wisconsin](https://www.ci.brookfield.wi.us/), or anywhere in Waukesha County, understanding your rights under the state’s worker’s compensation system is critical. While the law is designed to provide financial and medical support to injured workers, the process itself can involve detailed procedures, strict deadlines, and frequent disputes with insurance carriers. Working with an experienced Brookfield worker’s compensation attorney can help ensure that your claim is properly handled and that you receive the full range of benefits available under Wisconsin law.
[Gillick, Wicht, Gillick & Graf](https://www.gillickwicht.com/) has represented injured workers across southeastern Wisconsin for decades, including clients in Brookfield, Waukesha, Elm Grove, New Berlin, and Menomonee Falls. Their legal team focuses exclusively on advocating for employees who have suffered workplace injuries or occupational illnesses, helping them secure compensation and regain financial stability.
## **Understanding Worker’s Compensation in Wisconsin**
[Worker’s compensation in Wisconsin operates as a no-fault insurance system](https://dwd.wisconsin.gov/wc/workers/), meaning employees are generally entitled to benefits regardless of who caused the accident. This structure eliminates the need for injured workers to prove negligence, which can simplify the process in theory. However, in practice, disputes often arise regarding whether an injury is work-related, the severity of the condition, or the amount of benefits owed.
Most employers in Wisconsin are required to carry worker’s compensation insurance or qualify as self-insured entities. This ensures that employees are covered from their first day on the job, including part-time and seasonal workers. In exchange for this guaranteed coverage, employees typically forfeit the right to sue their employer for workplace injuries, making worker’s compensation the exclusive remedy in most cases.
The system is designed to cover a broad range of injuries, including sudden accidents, repetitive stress conditions, and occupational illnesses that develop over time. Despite this broad scope, navigating eligibility requirements and benefit calculations can be complex without legal guidance.
### **Common Workplace Injuries in Brookfield and Surrounding Areas**
Brookfield’s diverse economy includes healthcare facilities, manufacturing operations, retail establishments, and construction projects, all of which present different types of workplace hazards. As a result, injuries can occur in a wide variety of settings, from office environments to industrial worksites.
Many workers experience musculoskeletal injuries, such as strains and sprains affecting the back, shoulders, or knees. These injuries are often caused by repetitive motion, improper lifting techniques, or prolonged physical exertion. Slip, trip, and fall accidents are also common, particularly in retail or office environments where hazards like wet floors or uneven surfaces may be present.
In more industrial settings, workers may face risks associated with heavy machinery, including crush injuries, lacerations, or even amputations. Repetitive stress injuries, such as carpal tunnel syndrome, frequently affect employees who perform repetitive tasks over extended periods. Additionally, some workers develop occupational illnesses due to exposure to chemicals, dust, or other hazardous substances.
Even injuries that initially appear minor can worsen over time, making early medical evaluation and proper documentation essential.
### **Worker’s Compensation Benefits Available**
Wisconsin’s worker’s compensation system provides several types of benefits designed to address both the immediate and long-term impact of workplace injuries. One of the most important components is medical expense coverage, which includes payment for all reasonable and necessary treatment related to the injury. This can encompass hospital visits, surgeries, prescription medications, physical therapy, and ongoing care for chronic conditions.
In addition to medical coverage, injured workers may receive wage replacement benefits if they are unable to work. Temporary total disability benefits are available when an employee is completely unable to perform their job during recovery, while temporary partial disability benefits apply when a worker returns to a limited role with reduced earnings. For injuries that result in lasting impairment, permanent partial disability benefits may be awarded. In the most severe cases, permanent total disability benefits may apply if the worker is unable to return to any form of gainful employment.
Other forms of support may also be available, including vocational rehabilitation services that help injured workers transition into new roles if they cannot return to their previous job. Workers may also receive reimbursement for travel expenses related to medical treatment. In fatal cases, surviving family members may be entitled to death benefits, providing financial support during a difficult time.
### Limitations and Exclusions in Worker’s Compensation
Although worker’s compensation provides broad coverage, there are important limitations that can affect eligibility. For example, injuries that occur while commuting to or from work are generally not covered under Wisconsin law, except in certain limited circumstances. Claims may also be denied if the injury occurred while the employee was violating workplace policies or engaging in illegal activity.
Another common issue involves the classification of workers as independent contractors. Individuals who are classified this way may not be eligible for worker’s compensation benefits, although misclassification is a frequent problem and can sometimes be challenged. Pre-existing conditions can also complicate claims, particularly if the employer or insurer argues that the condition was not caused or aggravated by work-related activities.
Understanding these limitations is essential when evaluating a claim, and an experienced attorney can help determine whether exceptions or legal arguments may apply.
### Steps to Take After a Workplace Injury
The actions you take immediately after a workplace injury can have a significant impact on the success of your claim. Seeking prompt medical attention should always be the first priority, both to protect your health and to create a clear medical record linking the injury to your job. It is important to inform your healthcare provider that the injury is work-related so that it is properly documented.
You should also report the injury to your employer as soon as possible. Delays in reporting can raise questions about the validity of the claim and may lead to complications. Maintaining detailed records is equally important. This includes keeping copies of medical reports, tracking lost wages, and preserving any communication with your employer or the insurance company.
Consulting with a worker’s compensation attorney early in the process can help you avoid common mistakes, ensure that deadlines are met, and strengthen your overall claim.
### How a Brookfield Worker’s Compensation Attorney Can Help
While some worker’s compensation claims proceed without issue, many involve disputes that require legal intervention. Insurance companies may attempt to minimize payouts, question the severity of injuries, or deny claims altogether. An experienced attorney can provide valuable assistance at every stage of the process.
This includes evaluating your case to determine eligibility, preparing and filing necessary documentation, and gathering medical evidence to support your claim. An attorney can also negotiate with insurance companies to pursue a fair settlement and represent you in hearings if disputes arise. In cases where claims are denied, legal counsel can guide you through the appeals process and advocate on your behalf.
Having professional representation can significantly improve your chances of obtaining full and fair compensation, particularly in complex or contested cases.
### Appealing a Denied Worker’s Compensation Claim
If your claim is denied, you still have the right to pursue benefits through Wisconsin’s appeals process. This typically begins with filing an application for a hearing with the appropriate state agency. The process may involve gathering additional evidence, participating in pre-hearing procedures, and presenting your case before an administrative law judge.
During the hearing, both sides may present testimony, medical records, and expert opinions. The judge will then issue a decision based on the evidence presented. If necessary, further appeals may be available. Because this process can be highly technical, having an attorney can be crucial to building a strong case and effectively challenging the denial.
### The Value of Local Representation in Brookfield
Working with a local attorney offers several practical advantages. A Brookfield-based lawyer will have a strong understanding of Wisconsin worker’s compensation laws and experience dealing with local employers and insurance carriers. They are also more accessible for in-person consultations, which can make communication easier and more efficient.
In addition, local attorneys often have insight into the specific industries and workplace conditions common in the Brookfield area. This familiarity can help them anticipate potential challenges and develop strategies tailored to your situation.
### Third-Party Claims and Additional Compensation
In some cases, a workplace injury may involve a third party who is not your employer. For example, a defective piece of equipment, a negligent contractor, or a motor vehicle accident during work duties could give rise to a separate personal injury claim.
Unlike worker’s compensation, third-party claims may allow you to recover additional damages, including compensation for pain and suffering and full lost wages. Pursuing both types of claims simultaneously can maximize your overall recovery, but it requires careful legal coordination.
### Industries Served in Brookfield and Waukesha County
Worker’s compensation claims arise across a wide range of industries in Brookfield and the surrounding communities. Healthcare workers may suffer injuries from lifting patients or exposure to infectious diseases, while manufacturing employees often face risks related to machinery and repetitive tasks. Construction workers encounter hazards such as falls from heights and equipment-related accidents, and retail employees frequently deal with slip and fall incidents or overexertion injuries.
Office workers are not immune to workplace injuries, as repetitive stress conditions and ergonomic issues can lead to long-term health problems. Regardless of the industry, any employee who suffers an injury in the course of their job duties may be entitled to benefits under Wisconsin law.
## Frequently Asked Questions About Wisconsin Worker’s Compensation
### What qualifies as a work-related injury?
A work-related injury includes any physical harm or illness that arises out of and in the course of employment. This can include sudden accidents, repetitive stress injuries, and occupational diseases that develop over time.
### How soon should I report my injury?
It is best to report your injury immediately. Prompt reporting helps establish a clear record and reduces the likelihood of disputes with your employer or their insurance carrier.
### Can I choose my own doctor?
Yes, Wisconsin law allows injured workers to select their own treating physician, which can be important for receiving appropriate care.
### What should I do if my claim is denied?
If your claim is denied, you have the right to appeal. Consulting with an attorney can help you understand your options and improve your chances of success.
### Can I return to work while receiving benefits?
Yes, but your benefits may be adjusted depending on your ability to work and your current earnings.
### Do I need an attorney for a worker’s compensation claim?
While not required, having an attorney can be extremely beneficial, particularly if your claim is disputed or involves complex medical issues.
## **Contact Our Brookfield Worker’s Compensation Attorney**
If you have been injured at work in Brookfield or anywhere in Waukesha County, taking prompt action can make a significant difference in the outcome of your claim. Worker’s compensation laws are intended to protect you, but the process can be challenging without experienced guidance.
Gillick, Wicht, Gillick & Graf is dedicated to helping injured workers secure the benefits they need to recover and move forward. With a long history of representing clients throughout Wisconsin, the firm has the knowledge and resources to handle even the most complex claims.
Brookfield worker’s compensation attorneys with Gillick, Wicht, Gillick & Graf have represented the injured worker since 1948 and are here to help you secure adequate compensation for your work-related injuries. We have also recovered Social Security Disability Insurance for various injuries and disabilities. [Contact us today ](https://www.gillickwicht.com/Contact.shtml)at 414-257-2667 to speak with a Brookfield worker’s compensation attorney. You pay nothing until we win your case.
---
### [Am I Eligible For Social Security Disability Benefits?](https://www.gillickwicht.com/social-security-disability/am-i-eligible-for-ssdi-benefits.shtml)
**Published:** March 12, 2026
**Author:** admin
**Content:**
## Social Security Disability Insurance Benefits in Wisconsin
Social Security Disability Insurance (SSDI) provides monthly financial assistance to individuals who can no longer work due to a serious medical condition. The program is administered by the Social Security Administration and is funded through payroll taxes paid by workers throughout their careers. SSDI benefits are designed to replace a portion of lost income when a disability prevents someone from maintaining substantial employment.
For residents of [Milwaukee, Wisconsin](https://city.milwaukee.gov/home), and surrounding communities such as Wauwatosa, West Allis, Brookfield, and Greenfield, SSDI benefits can provide essential financial stability during difficult times. However, qualifying for SSDI requires meeting strict legal and medical requirements established by federal law.
Understanding whether you qualify for Social Security Disability benefits involves evaluating your work history, your medical condition, and your current ability to work. The following guide explains how SSDI eligibility works and what applicants in southeastern Wisconsin should know before filing a claim.
### What Is Social Security Disability Insurance?
[Social Security Disability Insurance](https://www.ssa.gov/disability) is a federal benefits program designed for workers who have paid Social Security taxes but are unable to continue working because of a disabling condition. SSDI replaces a portion of a worker’s income and may also provide benefits to certain family members, such as spouses or children.
Unlike Supplemental Security Income, which is a needs-based program, SSDI eligibility is primarily based on a person’s work history and contributions to the Social Security system. Individuals who have worked and paid payroll taxes long enough may qualify for disability benefits if they meet the medical definition of disability.
The amount of benefits a person receives depends on their past earnings and the amount of Social Security taxes paid during their working years.
## Basic SSDI Eligibility Requirements
To qualify for SSDI benefits, applicants must satisfy two primary requirements. First, they must have worked long enough in jobs covered by Social Security to earn sufficient work credits. Second, they must have a [medical condition that meets the Social Security Administration’s definition of disability](https://www.ssa.gov/disability/professionals/bluebook/general-info.htm).
If either of these requirements is not met, the application will likely be denied. Because of the complexity of these rules, many individuals in Milwaukee seek legal assistance when applying for disability benefits.
### Work History Requirements
SSDI benefits are funded through Social Security payroll taxes, which means applicants must have worked long enough to earn a sufficient number of work credits. Workers earn credits based on their annual earnings.
Generally, individuals can earn up to four work credits per year. The amount of income required to earn each credit changes periodically based on national wage levels.
In most cases, an adult applicant must have earned approximately 40 work credits, which is roughly equivalent to ten years of work. Additionally, at least 20 of those credits typically must have been earned during the ten years immediately before the disability began.
This requirement ensures that SSDI benefits are primarily provided to workers who were recently active in the workforce.
### Special Rules for Younger Workers
Individuals who become disabled at a younger age may qualify with fewer work credits. For example, someone who becomes disabled before the age of 24 may qualify with as few as six credits if those credits were earned within the three years prior to the disability.
Similarly, individuals between the ages of 24 and 31 may qualify if they have worked for approximately half the time between age 21 and the date their disability began.
These exceptions recognize that younger workers have had less time to build a lengthy employment record.
## The Medical Definition of Disability
Meeting the work credit requirement alone is not enough to qualify for SSDI benefits. Applicants must also meet the Social Security Administration’s strict definition of disability.
To be considered disabled under federal law, an applicant must demonstrate that they have a physical or mental condition that prevents them from performing substantial work. The condition must also be expected to last at least 12 consecutive months or result in death.
Importantly, SSDI benefits are only available for total disabilities. Partial or short-term disabilities typically do not qualify for benefits under this program.
### The Substantial Gainful Activity Test
The Social Security Administration evaluates whether an applicant is capable of performing what it calls substantial gainful activity. This refers to work that produces earnings above a certain monthly threshold.
If an individual earns more than the designated income limit from work, the SSA may conclude that they are capable of substantial employment and therefore not eligible for disability benefits.
Passive income, such as investments or retirement benefits, does not usually count toward this limit.
## Medical Conditions That May Qualify for SSDI
The Social Security Administration maintains a list of qualifying medical impairments commonly known as the Blue Book. This list outlines specific conditions that may automatically qualify for disability benefits if the medical criteria are met.
Examples of conditions commonly evaluated in SSDI claims include musculoskeletal disorders, neurological conditions such as epilepsy or multiple sclerosis, cardiovascular diseases, severe mental health disorders, cancer, and immune system disorders.
Even if a medical condition does not appear on this list, an individual may still qualify for SSDI benefits if the condition significantly limits their ability to work.
### The SSDI Application Process
Applying for Social Security Disability benefits involves several steps, and the process can take months or even years in some cases.
Applicants typically begin by filing an application with the Social Security Administration online, by phone, or at a local Social Security office. Residents of Milwaukee and surrounding areas may also consult with attorneys or representatives who focus on disability claims.
After the application is submitted, the SSA reviews the applicant’s work history and medical documentation. The agency may request additional records from doctors, hospitals, and other healthcare providers.
Once the evidence has been reviewed, the SSA will issue a decision approving or denying the claim.
### Why SSDI Applications Are Often Denied
Many initial SSDI applications are denied, often because of incomplete medical documentation or insufficient evidence demonstrating the severity of a disability.
Other common reasons for denial include insufficient work credits, failure to meet the SSA’s strict disability definition, or earnings above the substantial gainful activity limit.
Applicants whose claims are denied have the right to appeal the decision. The appeals process may include reconsideration, a hearing before an administrative law judge, review by the Appeals Council, and potentially a federal court review.
### The Importance of Medical Evidence
Medical documentation is one of the most critical components of any SSDI claim. The Social Security Administration relies heavily on medical records to evaluate whether an applicant’s condition meets the required legal standard.
Applicants should provide comprehensive documentation, including physician reports, diagnostic test results, treatment histories, and statements regarding functional limitations.
In many cases, consistent medical treatment and detailed records can significantly strengthen a disability claim.
### SSDI Benefits for Family Members
In certain circumstances, family members may also be eligible for benefits based on a disabled worker’s earnings record.
For example, a spouse may qualify for benefits if they are at least 62 years old or if they are caring for a disabled worker’s child who is under age 16 or disabled. Children of a disabled worker may also receive benefits under specific circumstances.
These additional benefits can provide important financial support for families facing the challenges of long-term disability.
### How a Milwaukee SSDI Attorney Can Help
The SSDI application process can be complex and frustrating, especially for individuals already dealing with serious medical conditions.
An experienced Social Security Disability attorney can help evaluate eligibility, gather medical evidence, prepare applications, and represent clients during appeals.
For individuals in Milwaukee and nearby communities such as Waukesha, Franklin, and Oak Creek, working with a knowledgeable attorney can significantly improve the likelihood of a successful outcome.
Legal representation may be especially helpful during disability hearings before an administrative law judge.
## Frequently Asked Questions About SSDI Eligibility
### How many work credits do I need to qualify for SSDI?
Most applicants need approximately 40 work credits, which generally equals about ten years of work. At least 20 of those credits must usually have been earned in the ten years before the disability began.
### Can I qualify for SSDI if I have not worked recently?
It may be difficult to qualify if you have not worked recently because SSDI requires a certain number of recent work credits. However, younger workers may qualify with fewer credits depending on their age at the time of disability.
### How long must my disability last to qualify?
Your medical condition must be expected to last at least 12 consecutive months or result in death in order to qualify for SSDI benefits.
### What happens if my SSDI application is denied?
You have the right to appeal the denial. The appeals process includes several stages, including reconsideration and a hearing before an administrative law judge.
### Can I work while receiving SSDI benefits?
Limited work may be allowed under certain programs, such as trial work periods, but earnings must generally remain below the substantial gainful activity threshold.
## Speak With Our Milwaukee Social Security Disability Lawyer
If you are unable to work due to a serious medical condition, Social Security Disability benefits may provide important financial support for you and your family. However, navigating the SSDI application and appeals process can be challenging without experienced legal guidance.
Our law firm assists individuals throughout Milwaukee, Wauwatosa, West Allis, Brookfield, and surrounding communities with Social Security Disability claims and appeals. We work closely with clients to evaluate eligibility, gather medical evidence, and pursue the benefits they deserve.
[Contact our Wisconsin SSDI lawyers](https://www.gillickwicht.com/Contact.shtml) today at 414-257-2667 to schedule a confidential consultation and learn how we can help you pursue the SSDI benefits you may be entitled to receive.
## Related Topics
- [Am I Eligible For SSDI Benefits?](https://www.gillickwicht.com/social-security-disability/am-i-eligible-for-ssdi-benefits.shtml "Am I Eligible For SSDI Benefits?")
- [What If My SSDI Claim Has Been Denied?](https://www.gillickwicht.com/social-security-disability/what-if-my-ssdi-claim-has-been-denied.shtml "What If My SSDI Claim Has Been Denied?")
- [SS Disability Law](https://www.gillickwicht.com/social-security-disability/ss-disability-law.shtml "SS Disability Law")
---
### [Franklin Worker’s Compensation Attorneys](https://www.gillickwicht.com/about/franklin-workers-compensation-attorney.shtml)
**Published:** March 9, 2026
**Author:** admin
**Content:**
Workplace injuries can disrupt every aspect of a worker’s life. Medical bills begin to accumulate, wages may stop, and the stress of dealing with insurance companies can make recovery even more difficult. If you were injured on the job in[ Franklin, Wisconsin](https://www.franklinwi.gov/), it is important to understand that state law provides a system designed to protect injured employees and help them obtain medical care and wage replacement benefits.
A Franklin worker’s compensation attorney can help injured worker’s navigate the claims process, protect their legal rights, and pursue the full benefits they are entitled to under Wisconsin law. From industrial accidents to repetitive stress injuries, legal guidance can make a significant difference in the outcome of a worker’s’ compensation claim.
At Gillick, Wicht, Gillick & Graf, our attorneys have represented injured worker’s across Wisconsin for decades, helping thousands of employees obtain compensation for work-related injuries, illnesses, and disabilities. The firm has focused on protecting the rights of worker’s since 1948 and continues to advocate for employees throughout the state, including Franklin and surrounding communities.
## Worker’s Compensation Law in Wisconsin
worker’s compensation is a state-mandated insurance system that provides benefits to employees who suffer injuries or illnesses related to their employment. Unlike traditional personal injury claims, worker’s compensation operates under a no-fault system. This means an injured worker generally does not need to prove that an employer was negligent in order to receive benefits.
Instead, the worker must show that the injury or illness arose out of and occurred within the scope of their employment.
In Wisconsin, the majority of employers are required to carry worker’s compensation insurance. Coverage typically applies to full-time, part-time, and seasonal worker’s from the first day of employment.
worker’s compensation benefits may include:
- Medical treatment for work-related injuries
- Temporary wage replacement while the worker cannot work
- Permanent disability benefits for lasting impairments
- Vocational rehabilitation or retraining
- Death benefits for surviving family members in fatal workplace accidents
Although the system is designed to protect worker’s, the process of obtaining benefits can be complex. Employers or insurance companies may dispute the claim, argue that the injury is not work-related, or attempt to minimize the amount of compensation paid.
For this reason, many injured worker’s in Franklin and throughout Milwaukee County seek legal representation when filing or appealing worker’s compensation claims.
## Workplace Injuries Commonly Seen in Franklin, Wisconsin
Franklin is located in Milwaukee County and includes a mix of manufacturing, retail, transportation, and healthcare employers. worker’s in these industries face a wide variety of occupational hazards.
Some of the most common workplace injuries that lead to worker’s compensation claims include:
### Construction and Industrial Accidents
worker’s in construction, manufacturing, and warehouse environments frequently face risks related to heavy machinery, falls from heights, and equipment malfunctions. Injuries from these incidents can include broken bones, traumatic brain injuries, and spinal cord damage.
### Repetitive Stress Injuries
Not all workplace injuries occur suddenly. Repetitive motion injuries such as carpal tunnel syndrome, tendonitis, and chronic back strain often develop over time due to repeated physical stress. These conditions are still eligible for worker’s compensation when they are linked to job duties.
### Slip and Fall Accidents
Slippery floors, cluttered work areas, and unsafe walking surfaces can cause slip and fall accidents in workplaces ranging from factories to office buildings. These accidents may result in fractures, head injuries, or soft tissue damage.
### Vehicle and Transportation Accidents
Employees who drive for work—including delivery drivers, transportation worker’s, and sales representatives—may be injured in motor vehicle collisions while performing job duties. These incidents may involve both worker’s compensation claims and potential third-party liability claims.
### Occupational Illnesses
Exposure to harmful substances or hazardous working conditions can lead to occupational diseases. Examples include respiratory conditions caused by chemical exposure, hearing loss from prolonged noise exposure, and illnesses linked to toxic materials.
A Franklin worker’s compensation attorney can help determine whether a particular injury or illness qualifies for benefits under Wisconsin law.
## Steps to Take After a Workplace Injury in Franklin
Taking the correct steps after a work injury can significantly impact the success of a worker’s compensation claim. Injured worker’s should act quickly to protect their rights.
### Seek Immediate Medical Attention
The first priority after any workplace accident is obtaining appropriate medical care. Inform your medical provider that the injury occurred while performing job duties so that the treatment can be documented as work-related.
### Report the Injury to Your Employer
Wisconsin law requires employees to notify their employer of a workplace injury within a reasonable time frame. Prompt reporting helps ensure the claim is properly documented and prevents disputes regarding when and how the injury occurred.
### Document the Incident
Whenever possible, worker’s should document the circumstances surrounding the injury. Photographs of the accident scene, witness statements, and written notes about what occurred can provide valuable evidence during the claims process.
### Consult a worker’s Compensation Attorney
Legal representation can help ensure the claim is filed correctly, medical evidence is gathered, and the injured worker receives appropriate compensation. Attorneys also handle communication with insurance companies and represent clients in hearings or appeals when necessary.
## How a Franklin Worker’s Compensation Attorney Can Help
Navigating the worker’s compensation system can be challenging, especially for individuals recovering from serious injuries. Insurance carriers often have teams of adjusters and attorneys working to minimize payouts.
A worker’s compensation attorney provides essential legal support in several key areas.
### Case Evaluation
An attorney can review the facts of your injury, determine whether your claim is eligible for benefits, and identify potential challenges that may arise during the process.
### Filing and Managing the Claim
worker’s compensation claims involve detailed paperwork and strict deadlines. An attorney ensures that all documentation is submitted correctly and that important deadlines are not missed.
### Gathering Medical Evidence
Medical records play a critical role in proving the severity and work-related nature of an injury. Attorneys often work with doctors, specialists, and vocational experts to strengthen a claim.
### Negotiating with Insurance Companies
Insurance carriers frequently attempt to reduce settlement amounts or deny claims altogether. Legal representation helps ensure injured worker’s receive fair compensation.
### Representing Clients in Hearings or Appeals
If a claim is denied, an injured worker may request a hearing before an administrative law judge. Attorneys present evidence, question witnesses, and advocate for their clients during these proceedings.
## Worker’s Compensation Benefits Available in Wisconsin
worker’s compensation benefits are designed to provide financial and medical support during recovery from a work-related injury.
### Medical Benefits
worker’s compensation covers necessary medical treatment for workplace injuries. This includes hospital visits, surgery, physical therapy, prescription medication, and other related healthcare services.
### Temporary Disability Benefits
If a worker is temporarily unable to perform job duties, they may receive wage replacement benefits until they are medically able to return to work.
### Permanent Disability Benefits
In cases where an injury results in permanent impairment, worker’s may receive compensation based on the severity of the disability.
### Vocational Rehabilitation
When an injury prevents a worker from returning to their previous job, vocational rehabilitation programs may provide training for a new career.
### Death Benefits
If a workplace accident results in a fatal injury, surviving family members may receive financial compensation through the worker’s compensation system.
## Worker’s Compensation Representation in Franklin and Surrounding Areas
A Franklin worker’s compensation attorney serves not only residents of Franklin but also injured worker’s throughout the surrounding communities in Milwaukee County and southeastern Wisconsin.
Common service areas include:
- Franklin
- Oak Creek
- Greenfield
- South Milwaukee
- West Allis
- Milwaukee
- New Berlin
- Muskego
- Waukesha
- Racine
Because workplace injuries can happen anywhere, legal representation is available to worker’s across the region who need assistance with worker’s compensation claims.
The attorneys at Gillick, Wicht, Gillick & Graf represent injured worker’s throughout Wisconsin and have decades of experience advocating for employees facing workplace injury challenges.
## Why Legal Representation Matters in Worker’s Compensation Cases
Although worker’s compensation is designed to provide benefits without requiring proof of employer negligence, the claims process is not always straightforward.
Insurance companies may challenge the claim by arguing that:
- The injury did not occur at work
- The injury was caused by a pre-existing condition
- The worker can return to work sooner than recommended
- Medical treatment is unnecessary or excessive
Without legal representation, injured worker’s may struggle to gather the evidence necessary to overcome these challenges.
An experienced worker’s compensation attorney understands the tactics used by insurance carriers and can help build a strong claim supported by medical documentation and legal arguments.
## Frequently Asked Questions About Worker’s Compensation in Franklin Wisconsin
### What should I do if my worker’s compensation claim is denied?
If your claim is denied, you have the right to request a hearing before a Wisconsin administrative law judge. An attorney can help gather medical evidence, present testimony, and challenge the denial in order to pursue the benefits you deserve.
### Can I receive worker’s compensation if the accident was my fault?
Yes. Wisconsin worker’s compensation operates under a no-fault system. Even if the injury occurred due to your own mistake, you may still be eligible for benefits as long as the injury occurred while performing job duties.
### How long do worker’s compensation benefits last?
The length of benefits depends on the severity of the injury and the time required for recovery. Temporary benefits continue until the worker reaches maximum medical improvement or returns to work.
### Can I choose my own doctor for treatment?
In Wisconsin, injured worker’s generally have the right to choose their own physician for treatment related to a workplace injury.
### What if my employer does not carry worker’s compensation insurance?
Most Wisconsin employers are legally required to carry worker’s compensation insurance. If an employer fails to do so, a claim can still be filed through state mechanisms designed to protect injured worker’s.
### Do I need a lawyer for a worker’s compensation claim?
While it is not legally required, many injured worker’s choose to hire an attorney because the claims process can be complicated and insurance companies may attempt to limit compensation.
## Contact Our Franklin Worker’s Compensation Attorney Today
A workplace injury can create significant physical, emotional, and financial stress. Medical treatment, lost wages, and uncertainty about the future can make recovery difficult without the proper support. If you were injured on the job in Franklin or anywhere in southeastern Wisconsin, you do not have to face the worker’s compensation process alone.
The attorneys at Gillick, Wicht, Gillick & Graf have represented injured worker’s throughout Wisconsin for decades and are committed to protecting the rights of employees who have been hurt at work. The firm offers free consultations and works on a contingency basis, meaning there are no legal fees unless compensation is recovered.
To discuss your case with an experienced Franklin worker’s compensation attorney, [contact our law firm today](https://www.gillickwicht.com/Contact.shtml) at 414-257-2667 to schedule a consultation and learn more about your legal options
**Gillick, Wicht, Gillick & Graf has represented the injured worker since 1948 and will fight to make sure that you receive fair compensation for your work-related injuries.**
---
### [Kenosha Worker's Compensation Attorney](https://www.gillickwicht.com/about/kenosha-workers-compensation-attorney.shtml)
**Published:** February 26, 2026
**Author:** admin
**Content:**
Workplace injuries can be life-altering. When you suffer an injury on the job in [Kenosha, Wisconsin](https://www.kenosha.org/), or nearby communities such as Pleasant Prairie, Somers, Salem, Twin Lakes, or Bristol, the physical, emotional, and financial toll can be immense. While workers’ compensation was created to provide medical care and wage benefits regardless of fault, securing the benefits you deserve often requires experienced legal guidance.
At our law firm, we represent injured workers throughout Kenosha County and southeastern Wisconsin. Our attorneys understand the complexities of Wisconsin’s workers’ compensation system, including how to handle denied claims, disputed injuries, and complex medical issues. We are committed to protecting your rights and helping you obtain the benefits necessary for your recovery and financial stability.
## **Understanding Wisconsin Workers’ Compensation**
Wisconsin has a no-fault workers’ compensation system. This means that most employees who are injured while performing job-related duties are entitled to certain benefits regardless of who caused the accident. The goal of the system is to ensure injured workers receive:
- Coverage of medical expenses related to the injury
- Wage replacement benefits if the injury prevents you from working
- Permanent disability compensation in cases of lasting impairment
- Vocational rehabilitation when necessary
- Benefits for dependents in the event of a fatal workplace accident
Because workers’ compensation laws vary by state, understanding how the system operates in Wisconsin is critical to maximizing your recovery.
## **Common Workplace Injuries in Kenosha**
Workplace injuries can arise in nearly every industry. In southeastern Wisconsin, common injury scenarios include:
- Construction site falls and machinery accidents
- Motor vehicle collisions involving delivery drivers
- Manufacturing and warehouse injuries
- Repetitive motion and ergonomic injuries
- Slips and falls in retail and service environments
- Occupational illness due to exposure to toxic substances
Even injuries that develop gradually, such as tendonitis or back conditions, may qualify for workers’ compensation if they are directly related to your job duties in Kenosha.
## **Who Must Be Covered by Workers’ Compensation in Wisconsin?**
Most employers in Wisconsin must provide workers’ compensation coverage, even if they have only one employee. This includes private businesses, manufacturers, contractors, and many government entities. If you are injured while performing duties related to your employment and your employer carries workers’ compensation insurance, you are generally entitled to benefits.
If you are unsure whether your employer has coverage, an attorney can help you verify insurance status and pursue benefits regardless of employer resistance.
## **Types of Workers’ Compensation Benefits**
### **Medical Benefits**
Your medical treatment for the injury must be covered if the doctor determines it is necessary to treat your work-related condition. This includes:
- Hospital stays and emergency care
- Doctor visits and specialist consultations
- Physical therapy and rehabilitation
- Medications and medical equipment
It is critical to follow all recommended medical care, as treatment records form the basis of your claim.
### **Temporary Total Disability Benefits**
If your injury prevents you from working for a period of time, Wisconsin law provides temporary disability benefits to replace a portion of your lost wages. Benefits are typically calculated as a percentage of your average weekly wage, subject to statutory limits.
### **Permanent Disability Benefits**
If your injury results in lasting impairment, you may be entitled to permanent disability benefits once you reach maximum medical improvement (MMI). The severity of your disability and the body part affected help determine benefit levels.
### **Vocational Rehabilitation**
When injuries make it impossible to return to your pre-injury job, vocational rehabilitation benefits can assist with training and placement in a new type of work.
### **Death Benefits**
If a worker dies as a result of a workplace accident or occupational disease, dependents may be eligible for death benefits, including funeral expenses and ongoing support.
## **What to Do After a Workplace Injury in Kenosha**
Taking the right steps immediately after an injury improves your chances of securing the benefits you need:
### **Seek Prompt Medical Treatment**
Even if your injury seems minor, get medical treatment right away. Some injuries worsen over time, and early documentation supports your claim.
### **Report Your Injury to Your Employer**
Notify your employer as soon as possible — ideally on the same day of the accident. Wisconsin law requires that injuries be reported within a reasonable time, usually within 30 days. Failing to report in a timely manner can jeopardize your claim.
### **Complete the Workers’ Compensation Claim Form**
Your employer should provide a claim form (typically Form **WC-14**). Fill it out accurately and return it promptly.
### **Document Everything**
Keep detailed records, including:
- Medical reports
- Treatment plans
- Bills and receipts
- Wage statements
- Accident scene photos
- Witness contact information
This documentation strengthens your case in negotiations or hearings.
## **Common Challenges in Workers’ Compensation Cases**
Even in a no-fault system, obtaining benefits can be difficult. Common obstacles include:
### **Claim Denials**
Insurance carriers often deny claims, asserting that:
- The injury did not arise out of employment
- Treatment was not medically necessary
- Documentation is insufficient
An attorney can respond to denials and advocate for your rights.
### **Disputes Over Injury Causation**
Insurers may argue that your injury is unrelated to your job duties. Proper medical evidence and expert testimony are often required to establish work-relatedness.
### **Permanent Disability Disagreements**
Determining the degree of permanent impairment involves medical evaluation and statutory formulas that can be contested.
### **Appeals and Hearings**
When disputes arise, hearings before an administrative law judge may be necessary. Preparing for these requires legal expertise.
## **How a Kenosha Workers’ Compensation Attorney Can Help**
Navigating Wisconsin’s workers’ compensation system while injured and unable to work is challenging. An experienced attorney can:
- Evaluate your case and determine eligibility
- Ensure all forms are filed accurately and timely
- Gather medical evidence and expert opinions
- Communicate with insurers on your behalf
- Represent you at hearings before the Department of Workforce Development
- Maximize your benefits for both current and future needs
Having knowledgeable representation often results in higher settlements and fewer mistakes.
## **Workers’ Compensation and Third-Party Claims**
In some workplace injury situations, you may have a separate third-party claim against someone other than your employer. For example:
- A negligent driver causing a work-related auto accident
- A manufacturer responsible for defective safety equipment
- A contractor’s subcontractor who caused an unsafe condition
Workers’ compensation may cover immediate medical costs and wage loss, while a third-party claim may provide additional compensation for pain and suffering — damages not available under workers’ compensation alone.
## **Statute of Limitations in Wisconsin**
In Wisconsin, you generally have **two years** from the date of injury to file a civil claim related to your workers’ compensation benefits or a third-party lawsuit. Deadlines can vary based on specific circumstances, such as delayed discovery of an occupational disease.
Timely action is essential. Waiting too long can permanently bar recovery.
## **Frequently Asked Questions About Kenosha Workers’ Compensation**
### **Do I Have to Prove My Employer Was at Fault?**
No. Wisconsin’s workers’ compensation system is a no-fault system. You do not need to prove that your employer was negligent to receive benefits.
### **What If I Was Injured While Working Overtime or on a Break?**
If your injury occurred in the course of employment duties — including overtime tasks — you are generally covered. Injuries on breaks may also be compensable if they are sufficiently job-related.
### **Can My Claim Be Denied?**
Yes. Claims are often denied for alleged lack of causation or insufficient documentation. Legal assistance greatly improves your chances of approval.
### **How Much Compensation Can I Receive?**
Benefits depend on medical treatment, wage loss, permanent impairment, and other factors. Your attorney can estimate potential benefits based on your unique situation.
### **Do I Need a Lawyer for a Workers’ Compensation Claim?**
While legal representation is not required, an attorney ensures that your rights are protected, deadlines are met, and disputes are effectively resolved.
## **Choosing a Kenosha Workers’ Compensation Lawyer**
The right attorney matters. Look for legal professionals with:
- Deep experience in Wisconsin workers’ compensation law
- Successful track records in Kenosha and southeastern Wisconsin
- Strong trial and negotiation skills
- Clear communication and dedicated client support
Your attorney should advocate aggressively while providing compassionate guidance throughout your recovery.
If your job requires heavy pulling, lifting, or pushing, you are more likely to suffer injuries in your fingers, arms, back, and hands. These injuries may result in your claim being denied. This can force you to pay out of pocket to cover medical expenses for the injury you sustained on the job. This should never be the case. We urge you to reach out to a Kenosha worker’s compensation attorney to have any of your pressing questions answered.
## Contact Our Kenosha Worker’s Compensation Attorneys
Workplace injuries can disrupt your life physically, emotionally, and financially. Don’t face the workers’ compensation process alone. If you were injured on the job in Kenosha, Pleasant Prairie, Somers, Salem, or nearby communities, you have rights and options.
Contact a knowledgeable Kenosha workers’ compensation attorney today for a confidential case evaluation. We are here to protect your rights, pursue the full benefits you deserve, and help you focus on healing and recovery.
You may have questions about how to prepare and document your claim if your workplace will accept your claim, and what compensation you may ultimately obtain. These are all legitimate inquiries. The experienced Kenosha worker’s compensation attorneys of Gillick, Wicht, Gillick & Graf can provide you with the legal guidance and representation you need. We have represented the injured worker since 1948 and will fight to make sure that you are fully compensated for your work-related injuries. We understand that this may be a troubling time for you. [Relieve yourself of this unnecessary stress and contact us](https://www.gillickwicht.com/Contact.shtml) at 414-257-2667. You won’t owe us a dime until you get paid!
---
### [About](https://www.gillickwicht.com/about)
**Published:** February 25, 2025
**Author:** admin
**Content:**
## Gillick, Wicht, Gillick & Graf. The Injured Worker’s Law Firm.
Since 1948, Gillick, Wicht, Gillick & Graf has been fighting on behalf of the Wisconsin worker. Whether you have been injured at the workplace, if your injuries have rendered you disabled, or if you have been wrongfully terminated, our attorneys will fight for your rights. We understand that if you find yourself injured or discriminated against at the workplace, you probably have many questions. Below are some answers to some of the most frequent questions we get asked.
### I’ve Been Hurt at Work. What Kind of Compensation Can I Receive?
Generally, an injured Wisconsin worker can be entitled to workers’ compensation for medical expenses, temporary disabilities, or permanent disabilities. At Gillick, Wicht, Gillick & Graf, we represent clients who have suffered traumatic workplace injuries, permanent disabilities, and repetitive stress injuries. If you have suffered an injury at the workplace, call us as soon as possible. We can help you through the entire worker’s compensation process and avoid having your claim denied.
### Every Worker’s Compensation Injury is a Serious Injury
Like most Americans, you need your income to provide for yourself and your family. If you have suffered a work-related injury that prevents you from working — even if the injury itself does not seem too serious — you could lose your ability to keep a roof over your family’s head or put food on the table. At Gillick, Wicht, Gillick & Graf, our [worker’s compensation attorneys](https://www.gillickwicht.com/workers-compensation "worker’s compensation attorneys") understand the seriousness of obtaining worker’s compensation benefits. We have great concern and compassion for every one of our injured clients, and we fight aggressively to help them obtain the benefits they need.
## Frequently Asked Questions About Wisconsin Worker’s Compensation
### **Who is covered by worker’s compensation in Wisconsin?**
Most employees in Wisconsin are covered by worker’s compensation from the start of their employment. However, independent contractors and certain other categories of workers may be excluded.
### **How do I file a worker’s compensation claim?**
To file a worker’s compensation claim, you must notify your employer of the injury or illness within 30 days and provide the necessary documentation. Your employer will then report the claim to their worker’s compensation insurance carrier.
### **What benefits are included in worker’s compensation?**
Worker’s compensation benefits include coverage of all reasonable and necessary medical costs, temporary wage loss benefits (Temporary Partial Disability or Temporary Total Disability), and benefits for permanent disability (Permanent Partial Disability or Permanent Total Disability).
### **When does coverage begin?**
Coverage begins as soon as you start your employment. There is no waiting period for worker’s compensation coverage.
### **What happens if my claim is denied?**
If your claim is denied, you have the right to appeal the decision. You can request a hearing before an administrative law judge to review your case.
### **Can I receive both worker’s compensation and Social Security Disability benefits?**
Yes, you can receive both worker’s compensation and Social Security Disability benefits. However, you are required by law to notify the worker’s compensation insurance carrier if you are receiving both types of benefits.
### **What if my employer does not have worker’s compensation insurance?**
If your employer does not have worker’s compensation insurance, you can file a complaint with the Wisconsin Department of Workforce Development. Employers are required by law to have worker’s compensation insurance.
### **How can I return to work after a work-related injury?**
You can return to work once your doctor determines that you are medically able to do so. Your employer may offer modified or light-duty work to accommodate your recovery.
## Contact Gillick, Wicht, Gillick & Graf Today. No Fee Until You Get Paid.
If you are a Wisconsin worker who has been injured on the job, you need an experienced [worker’s compensation law](https://www.gillickwicht.com/workers-compensation "worker’s compensation law") firm to fight for your rights. Since 1948 Gillick, Wicht, Gillick & Graf has been The Injured Worker’s Law Firm in Wisconsin. Contact us today at 414-257-2667 to schedule a FREE consultation with one of our attorneys.
---
### [Racine Worker's Compensation Lawyers](https://www.gillickwicht.com/racine-workers-compensation-lawyer.shtml)
**Published:** February 18, 2026
**Author:** admin
**Content:**
***We Represent Injured Workers in Racine and Throughout Southern Wisconsin***
Located where the Root River meets Lake Michigan, [Racine](https://www.cityofracine.org/) was recently named the “Most Affordable Place to Live” by Demographia International. The city has a diverse economy and it is home to some large industrial employers, including J. I. Case, S. C. Johnson & Son, and many more. A 30-minute drive to Milwaukee and a 75-minute drive to Chicago, Racine offers close access to some of the Midwest’s largest cities. Workers are the backbone of the economy in Racine.
Unfortunately, work-related accidents remain a serious public safety concern. At Gillick, Wicht, Gillick & Graf, our Racine worker’s compensation attorneys have the skills and expertise to help you maximize your benefits after an accident. If you or your loved one was hurt on the job in Racine, please do not hesitate to reach out to our Wisconsin work injury law firm to schedule a free, fully confidential initial consultation.
## What to Know About Worker’s Compensation Laws in Wisconsin
Several hardships can come about after suffering a workplace injury. It can be difficult to manage your recovery while also trying to figure out how to pay all the unexpected bills that follow. If your injury is serious enough, it could keep you out of work for several weeks or months. In the worst-case scenario, you may not be able to return to your industry after the accident. In Racine, Wisconsin, workers have important rights. State laws protect workers who have been injured. Here are four things to know about the Wisconsin worker’s compensation laws:
1. **Worker’s Comp Insurance is Mandatory for Most Employers:** Whether you work in the private or public sector, the majority of Racine workers are entitled to workers’ compensation benefits and do not even know it. In fact, over 98% of workers in Wisconsin are covered by the [Worker’s Compensation Act](https://dwd.wisconsin.gov/dwd/publications/wc/wkc-1-p.pdf). This act ensures that workers are covered for medical expenses, temporary total disability, and permanent partial disability. These protections exist for a variety of workers, whether you work a manual job or in an office setting.
2. **Worker’s Comp Claims are ‘No-Fault’:** One of the most important things to know about worker’s compensation claims in Wisconsin is that you are not required to prove that your employer was negligent or otherwise at fault to recover benefits. If you were hurt within the course and scope of your employment, you have a right to pursue benefits for medical care and lost wages.
3. **Financial Benefits are Available for Injuries & Occupational Diseases:** A serious injury can lead to a pile of debt you did not anticipate. You may be having trouble paying off medical bills while wondering what you can do to recover lost wages. Whether you work part-time or full-time, you likely have worker’s compensation benefits you are entitled to. Don’t hesitate to receive your fair share for your injuries. Whether you have endured physical injuries or an illness, many types of injuries are covered. Bruises, burns, fractures, cuts, crushing injuries, sprains, strains, amputations, paralysis, loss of hearing and sight, and even disfigurement are all covered by the law. Wisconsin worker’s compensation laws also cover psychological harm, accidental injuries, and occupational diseases.
4. **You Have the Right to Legal Representation:** You can hire an attorney to help with a worker’s comp claim or worker’s comp appeal. Our Racine worker’s compensation lawyers represent the rights of injured workers in Wisconsin. If you are currently suffering from an injury that you incurred on the job, our worker’s compensation lawyers are here to serve you. When you need a solution, our Racine worker’s compensation attorneys at Gillick, Wicht, Gillick & Graf are available to guide you through your options. We understand this is a difficult time and anticipate that you may have several questions about the legal process and what benefits you are eligible to receive. Many of our clients are victims of injuries who do not fully understand their rights as workers. Our team of attorneys in Racine works hard to help you receive the benefits you deserve. We are dedicated to guiding you throughout the entire process. We can also help you fight claims that have been denied.
### How Our Racine Worker’s Compensation Attorneys Can Help
Worker’s compensation claims are complicated. At Gillick, Wicht, Gillick & Graf, we are here to make sure that you know exactly what you need to do to get the full and fair financial benefits that you rightfully deserve. Since 1948, we have been the “injured worker’s law firm” in Wisconsin, standing up for the rights of all who have suffered devastating accidents at work. We invite you to explore your options with us. Among other things, our Racine, WI worker’s comp lawyers will:
- Answer questions and explain the claims process during a free consultation.
- Gather the documents, records, and information you need to process your claim.
- Take proactive steps to help you overcome any obstacles that stand in your way.
You deserve personalized legal guidance and support from a Racine, WI worker’s compensation lawyer who will put resources behind your case. We encourage you to hear what our former clients have to say [about our Wisconsin worker’s comp attorneys](https://www.gillickwicht.com/Testimonials.shtml). We represent clients seeking worker’s compensation and social security disability insurance benefits. Call our Racine worker’s compensation lawyers at 414-257-2667 to begin the process. You won’t pay a dime until we win you money.
## Frequent Questions for Racine Worker’s Compensation Lawyers
### What Is Workers’ Compensation?
Workers’ compensation is a state-regulated insurance system designed to provide medical and wage replacement benefits to employees who are injured on the job or who develop an occupational illness. In Wisconsin, the system ensures injured workers receive care and financial support regardless of fault. Workers’ compensation also protects employers from certain types of lawsuits by making compensation benefits the exclusive remedy for covered workplace injuries.
### Who Must Have Workers’ Compensation Insurance in Wisconsin?
Most employers in Wisconsin are required to carry workers’ compensation insurance, even if they have only one employee. This includes full-time, part-time, and seasonal workers. Certain industries or specific business types exempted by statute may not be required to maintain coverage, but the vast majority of employers must participate. If you are unsure whether your employer carries coverage, you can request proof of insurance or contact the Wisconsin Department of Workforce Development’s Division of Worker’s Compensation.
### What Types of Injuries Are Covered?
Wisconsin workers’ compensation covers injuries that occur in the course of employment, including:
- Traumatic injuries (such as fractures, cuts, and sprains)
- Repetitive stress injuries (such as carpal tunnel syndrome)
- Occupational diseases (such as lung conditions from workplace exposures)
In addition, if a pre-existing condition is aggravated by work duties, the resulting disability may be compensable.
To qualify, the injury must be directly related to your job duties or work environment.
### Do I Have to Prove the Employer Was at Fault?
No. Wisconsin workers’ compensation operates under a **no-fault** system. You do not have to prove your employer was negligent to receive benefits. The key requirement is that your injury arose out of and occurred in the course of your employment. Because the system does not hinge on fault, benefits are generally available whether the injury was your fault or the result of someone else’s actions on the job.
### How Do I Report a Work Injury?
It is critical to report your injury to your employer as soon as possible. Wisconsin law requires that you give notice to your employer within a reasonable time — generally within **30 days** of the injury or your knowledge that the injury is work-related. Failure to report promptly can result in denial of benefits, even if the injury is otherwise compensable.
After reporting, your employer should provide you with a claim form, which must be completed and submitted to begin processing your claim.
### What Benefits Are Available?
Wisconsin workers’ compensation benefits typically include:
- **Medical benefits:** Payment for necessary medical treatment related to your injury
- **Temporary disability benefits:** Wage replacement if you are temporarily unable to work
- **Permanent disability benefits:** Compensation for lasting impairments
- **Vocational rehabilitation:** Assistance with retraining if you cannot return to your former job
- **Death benefits:** Financial support for dependents if a workplace injury results in death
The amount and duration of benefits depend on the facts of your case, including the severity of your injury and your ability to return to work.
### Can My Employer Fire Me for Filing a Claim?
No. Wisconsin law protects employees from retaliation for filing a legitimate workers’ compensation claim. An employer may not lawfully terminate or discipline an employee solely for seeking benefits under the workers’ compensation system. If retaliation occurs, the injured worker may have additional legal claims against the employer.
### What Happens if My Claim Is Denied?
If your claim is denied by your employer’s insurance carrier, you have the right to appeal. In Wisconsin, you can request a hearing before an administrative law judge through the Division of Worker’s Compensation. At the hearing, you and your attorney can present medical records, witness testimony, and expert opinions to support your claim and challenge the denial.
Common reasons for denial include disputes over whether the injury is work-related, whether treatment was necessary, or whether your employer received timely notice.
### Do I Need an Attorney?
You are not required to hire an attorney to pursue workers’ compensation benefits, but many injured workers find legal representation valuable, especially when:
- Your claim is denied
- Your injury results in permanent disability
- The insurance carrier disputes your medical treatment or wage loss
- Complex legal issues arise
An experienced workers’ compensation attorney can help gather evidence, present your claim effectively, and negotiate with insurers on your behalf.
### Is There a Deadline to File a Lawsuit?
Wisconsin generally imposes a **two-year statute of limitations** for filing a civil lawsuit for workers’ compensation benefits, but notice and reporting deadlines to your employer are much shorter. Because deadlines vary based on circumstances, injured workers should take action promptly and consult an attorney early to protect their rights.
## Call Our Racine, WI Worker’s Comp Lawyers Today
If you have been hurt on the job, seeking timely guidance can make a meaningful difference in your recovery and financial security. You have a claim if you suffered a loss because of a job-related injury. This means that to get worker’s compensation, you have to show three things: [Read More](https://www.gillickwicht.com/FAQs.shtml)
At Gillick, Wicht, Gillick & Graf, our Racine worker’s compensation attorneys have the professional skills and legal expertise that you can rely on. If you or someone you know was hurt on the job, we are more than ready to get started on your case. [Contact the Racine worker’s compensation attorneys](https://www.gillickwicht.com/Contact.shtml) now for a no-cost, no-obligation review of your case. We represent injured workers throughout Racine County, including in Racine, Burlington, Caledonia. Elmwood Park, North Bay, Raymond, Rochester, and Union Grove.
---
### [Fond du Lac Worker's Compensation Attorneys](https://www.gillickwicht.com/about/fond-du-lac-workers-compensation-attorney.shtml)
**Published:** January 30, 2018
**Author:** admin
**Content:**
### ***Top-Rated Wisconsin Worker’s Comp Lawyers Serving Fond du Lac***
A city of more than 40,000 people, [Fond du Lac](https://www.fdl.wi.gov/) is located approximately an hour north of Milwaukee on the south shore of Lake Winnebago. Its name derives from a French term meaning “deepest point” of a lake. Fond du Lac has a diverse, well-developed economy. The largest employer in the city is Mercury Marine. Mercury Marine is a maker of outboard motors that employers more than 2,500 people.
At Gillick, Wicht, Gillick & Graf, our Fond du Lac worker’s comp lawyers are skilled and effective advocates for people who were hurt on the job. Since 1948, our law firm has helped injured workers get access to the full financial benefits that they deserve. Call us today at 414-257-2667 to set up a no-cost, no-obligation initial case evaluation with an experienced Fond du Lac worker’s comp attorney.
## Your Guide to Worker’s Compensation Claims in Fond du Lac, Wisconsin
As a worker, you have the right to a safe work environment; yet sometimes, accidents take place. If you do happen to sustain a work-related injury, you may be entitled to worker’s compensation benefits. These benefits are in place to cover any financial responsibilities that are a direct result of your injury. If you are denied worker’s compensation after suffering a work-related injury, it is vital that you seek legal representation from an experienced Fond du Lac worker’s compensation attorney. Here is an overview of Wisconsin’s worker’s compensation laws:
- **How Worker’s Compensation Works:** Wisconsin requires virtually all employers to provide worker’s comp coverage for their employees. In fact, around 98% of employees in Fond du Lac are covered by work injury insurance. Worker’s compensation collection is usually a simple process because the injured parties do not have to prove fault. All that’s required for a person to be eligible for compensation is that he or she sustains an injury on the job and turns in the appropriate documentation. Immediately after the incident occurs, you must notify your supervisor and subsequently visit a doctor. The doctor will then give you a diagnosis based on his or her findings. Notably, you do not have to prove fault to bring a workers’ comp claim in Fond du Lac. You merely need to establish that your injury/occupational disease is related to your employment.
- **Injuries Covered by Worker’s Compensation:** Worker’s compensation covers a variety of ailments, from a broken wrist to burns, lacerations, fractures, and more. Furthermore, benefits may also be available to assist people who obtain occupational illnesses that come from exposing themselves to toxins and other elements. In some cases, benefits may be applicable for a mental injury if it is the result of something that occurred on the job. The doctor usually diagnoses the problem and then writes a report that contains a return to work date. If the physician feels that the employee can still work, he or she may instead recommend a limited schedule. All the paperwork goes to the worker’s compensation insurance carrier, and they decide whether or not the employee can have the benefits. As a baseline, worker’s comp benefits in Wisconsin should cover all of the medical costs related to your accident. From there, you should also be able to receive ongoing disability benefits (wage loss benefits) that make up for the paychecks you missed.
- **What Happens When Claims are Denied:** Many applications run smoothly, but a significant percentage of them are denied. There are very few things more stressful than dealing with a worker’s comp denial. During your time of greatest financial need, employers and insurers can be hard to deal with. You can file an appeal of the denial. Fond du Lac worker’s compensation attorneys with Gillick, Wicht, Gillick & Graf will fight to get the claim decision overturned. We have represented injured Wisconsin workers for over 65 years and have also recovered Social Security Insurance for various disabilities and injuries. Contact us today at 414-257-2667 to speak with an experienced Fond du Lac worker’s compensation attorney. You will not pay a fee until you get paid. If your worker’s comp claim was denied, get legal guidance as soon as possible. An appeal is a time-sensitive matter.
## Fond du Lac Workers Can Rely On the Injured Worker’s Law Firm™ for Results
Unfortunately, many people run into problems during the worker’s compensation claims process. At Gillick, Wicht, Gillick & Graf, we are focused on ensuring that our clients are able to receive their full benefits as quickly and efficiently as possible. When you call our legal team, you will have a chance to work directly with a Fond du Lac workers’ compensation attorney who can:
- Answer questions and explain the claims procedures during a free case evaluation.
- Gather the documents, records, and evidence you need to move forward.
- Handle all of the Wisconsin worker’s comp claims paperwork.
- Take whatever action is necessary to ensure that you get the best results.
Every work injury claim is unique. You should receive personal attention from your law firm. We will put in the time and resources needed to handle your case the right way. With testimonials from satisfied clients, [injured workers can trust our Fond du Lac, WI workers’ compensation attorneys ](https://www.gillickwicht.com/Testimonials.shtml)for results.
## Frequently Asked Questions for Wisconsin Worker’s Compensation Attorneys
Workers’ compensation law in Wisconsin is governed primarily by Chapter 102 of the Wisconsin Statutes and administered by the Wisconsin Department of Workforce Development. Injured employees often have urgent questions about benefits, timelines, and employer responsibilities. Below are frequently asked questions Wisconsin worker’s compensation attorneys address when advising clients.
### What Is Workers’ Compensation in Wisconsin?
Workers’ compensation is a no-fault insurance system that provides medical and wage replacement benefits to employees who suffer work-related injuries or occupational illnesses. In most cases, employees cannot sue their employer for negligence but instead pursue benefits through the administrative system.
Wisconsin law requires most employers to carry workers’ compensation insurance, regardless of fault.
### What Injuries Are Covered Under Wisconsin Workers’ Compensation?
Wisconsin workers’ compensation covers:
- Traumatic injuries from accidents (falls, machinery accidents, vehicle collisions)
- Repetitive stress injuries (carpal tunnel syndrome)
- Occupational diseases (asbestos exposure, chemical exposure)
- Aggravation of pre-existing conditions if work materially contributed
The injury must arise out of and in the course of employment. That includes injuries sustained at a job site or while performing job duties.
### Do I Have to Prove My Employer Was at Fault?
No. Wisconsin operates under a no-fault system. You are not required to prove employer negligence. However, you must prove that your injury is work-related.
Disputes typically arise over whether the injury occurred at work or whether the condition is causally connected to employment.
### What Benefits Are Available?
Under Wisconsin law, injured workers may be entitled to:
**Medical Benefits** – Payment of reasonable and necessary medical treatment related to the work injury.
**Temporary Disability Benefits** – Wage replacement if you are temporarily unable to work.
**Permanent Disability Benefits** – Compensation for permanent impairment after reaching maximum medical improvement (MMI).
**Vocational Rehabilitation** – Retraining assistance if you cannot return to your prior occupation.
**Death Benefits** – Compensation for surviving dependents in fatal workplace accidents.
### How Much Wage Replacement Can I Receive?
Temporary disability benefits are typically calculated at two-thirds (approximately 66.67%) of the employee’s average weekly wage, subject to statutory maximums.
The maximum rate changes periodically under Wisconsin law, so accurate calculation is essential.
### When Must I Report a Work Injury?
Employees should report workplace injuries to their employer as soon as possible. While Wisconsin law allows up to two years in some circumstances to file a claim, early reporting is critical to avoid disputes.
Delays in reporting often give insurance carriers grounds to question causation.
### Can My Employer Fire Me for Filing a Workers’ Compensation Claim?
Wisconsin law prohibits employers from retaliating against employees for filing legitimate workers’ compensation claims. Wrongful termination for filing a claim may give rise to additional legal remedies.
However, employers may still terminate employment for legitimate, non-retaliatory reasons unrelated to the claim.
### What Happens if My Claim Is Denied?
If an insurance carrier denies your claim, you may request a hearing before an administrative law judge through the Wisconsin Department of Workforce Development.
Common reasons for denial include:
- Alleged pre-existing condition
- Dispute over whether injury occurred at work
- Failure to seek timely medical treatment
- Independent medical examination disagreements
An experienced Wisconsin worker’s compensation attorney can present medical evidence, witness testimony, and expert reports to challenge a denial.
### What Is an Independent Medical Examination (IME)?
Insurance carriers often request an Independent Medical Examination. The IME doctor evaluates:
- Whether the injury is work-related
- Whether treatment is reasonable and necessary
- Whether you have permanent disability
IMEs frequently result in disputed opinions. Legal representation helps ensure your rights are protected if the IME contradicts your treating physician.
### Can I Choose My Own Doctor?
Yes. In most cases, Wisconsin allows injured workers to choose their own treating physician. However, switching providers may require certain procedural steps.
Choosing a knowledgeable occupational injury physician can significantly impact claim outcomes.
### What Is Permanent Partial Disability (PPD)?
After reaching maximum medical improvement, a physician may assign a permanent disability rating. That rating determines the amount of Permanent Partial Disability compensation owed under statutory schedules.
These awards vary depending on:
- Body part injured
- Degree of impairment
- Applicable compensation rate
### Do I Need a Wisconsin Worker’s Compensation Attorney?
While not legally required, representation is often beneficial in cases involving:
- Disputed causation
- Permanent disability ratings
- Claim denials
- Vocational retraining disputes
- Significant wage loss
Insurance carriers are experienced in minimizing payouts. Attorneys advocate to ensure benefits are fully and properly calculated.
### How Are Attorney Fees Paid?
In Wisconsin, workers’ compensation attorney fees are typically contingency-based and subject to statutory limits. Fees are often capped at 20% of disputed compensation recovered, and must be approved by the state.
This structure allows injured workers to seek legal help without upfront legal fees.
### Is There a Deadline to File a Claim?
Generally, Wisconsin imposes a 12-year statute of limitations for traumatic injuries and occupational disease claims, though notice requirements and reporting deadlines are much shorter.
Because deadlines vary based on the type of injury, consulting an attorney early protects your rights.
## Get Help From a Fond du Lac, WI Worker’s Comp Attorneys Today
Workers’ compensation law in Wisconsin can be complex, particularly when insurance carriers dispute claims or minimize permanent disability ratings. Understanding your rights under Wisconsin statutes is critical to securing medical care and wage replacement.
If you have suffered a work-related injury, consult a qualified Wisconsin worker’s compensation attorney to evaluate your claim, protect your benefits, and guide you through the administrative process. Early legal guidance often makes a significant difference in the outcome of a claim
You have a claim if you suffered a loss because of a job-related injury. This means that to get worker’s compensation under Wisconsin Law, you have to show three things: [Read More](https://www.gillickwicht.com/FAQs.shtml)
At Gillick, Wicht, Gillick & Graf, our Fond du Lac workers’ compensation lawyers are standing by, ready to advocate for your rights. We handle worker’s comp claims and workers’ comp appeals. Call us at 414-257-2667 now or [send the Fond du Lac worker’s compensation attorneys a message online](https://www.gillickwicht.com/Contact.shtml) to set up your free, no-obligation case evaluation. We provide worker’s comp representation throughout Fond du Lac County, including in Fond du Lac, Waupun, Ripon, Brandon, Campbellsport, Kewaskum, North Fond du Lac, Oakfield, and Rosendale.
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### [Janesville Worker's Compensation Attorney](https://www.gillickwicht.com/about/janesville-workers-compensation-attorney.shtml)
**Published:** January 30, 2018
**Author:** admin
**Content:**
***We Represent Injured Workers in Janesville and Throughout Rock County***
Located in South-Central Wisconsin, [Janesville is the primary metropolitan center in Rock County](https://www.janesvillewi.gov/). Situated midway between Madison and Rockford, IL, Janesville is a little more than an hour west of Milwaukee. The city has a diverse, fast-growing economy. The largest employers include the Mercy Health System, Janesville School District, Simmons, Seneca Foods, and W.W. Grainger, Inc.
At Gillick, Wicht, Gillick & Graf, our Janesville worker’s compensation lawyers are skilled, experienced advocates for people who were hurt on the job. Since 1948, we have helped injured workers and their families maximize their financial support. For a free, fully private initial consultation with a Janesville, WI worker’s comp attorney, please contact us today.
## What to Know About the Worker’s Compensation Laws in Janesville, Wisconsin
State and federal laws protect workers who are injured on the job, whether by enduring physical injuries or contracting illnesses. Worker’s compensation enables employees to be compensated by their employer for workplace injuries. Unfortunately, workplace safety remains an area of concern in Rock County and throughout Wisconsin.
Hazards such as falling objects, toxic exposure, and equipment malfunctions have led to the filing of numerous worker’s compensation claims. If you were hurt on the job, you can file a worker’s comp claim. Here is an overview of your rights and responsibilities under Wisconsin law:
1. **Most Employers are Eligible for Worker’s Comp Coverage:** Did you know that you are probably covered by worker’s comp insurance? In Wisconsin, this coverage is available to the majority of workers. While many workers do not believe that they are covered under the workers’ compensation law, over 98% of Janesville workers are. The [Worker’s Compensation Act](https://dwd.wisconsin.gov/dwd/publications/wc/wkc-1-p.pdf) covers individuals in the public and private sector who may work full or part-time. Notably, worker’s comp insurance offers no-fault benefits. In effect, this means that you can recover worker’s comp benefits even if your employer did not cause your accident through negligence. Unlike a personal injury lawsuit, you do not have to prove fault.
2. **You Can File a Claim for Injuries/Impairments Arising Out of Employment:** Although fault is not an issue, a claimant is required to prove that their injury, illness, or medical impairment happened at work. Some common work-related injuries are:
1. Repetitive motion injuries.
2. Auto accident injuries.
3. Musculoskeletal injuries.
4. Slips, trips, and falls.
To be clear, you do not actually need to be on an employer’s premises or worksite when an accident occurs. Instead, you simply need to be working in the furtherance of your company’s interests.
3. **You Must See a Doctor and Report Your Injuries:** Wisconsin’s worker’s comp laws are comprehensive. They are designed to provide a high level of legal protection to workers who were hurt while on the job. At the same time, workers also have important legal responsibilities under the statute. First, you must seek professional medical treatment in order to be eligible to file a worker’s comp claim. If you fail to see a doctor, then you will not be in a position to recover workers’ compensation benefits. Medical records are a critically important form of evidence in any worker’s comp claim. Additionally, you must notify your employer regarding your injuries, illnesses, or medical impairment. The general rule is that you should inform your boss as soon as possible. But, you must do so within 30 days of the date that you recognized that your injury/occupational disease was work-related.
4. **Benefits are Available to Help Cover Medical Care and Lost Wages:** As an individual attempting to recover from a work-related injury, your last concern should be how to pay for steep medical bills and lost wages, or whether or not you can even return to work. A Janesville worker’s compensation attorney from Gillick, Wicht, Gillick & Graf will fight to recover the compensation you deserve. You may be able to recover worker’s comp benefits for:
1. All medical bills.
2. Missing paychecks
3. Permanent disability/impairment.
Indeed, worker’s comp laws are in place to provide you with the financial means to cover any hospital bills or lost wages that result from a work-related injury. Benefits are also available for permanent partial and permanent total disability.
5. **You Can Challenge a Worker’s Comp Denial in Janesville:** Sadly, it is not uncommon for a business to deny an employee’s worker’s compensation claim in an effort to avoid taking responsibility for the incident. The good news is that an employer/insurer does not get to make the final decision in these cases. Injured workers have the right to file an appeal to challenge an unjust or improper denial of benefits. You should consider acquiring an experienced worker’s compensation attorney to protect your interests. A Janesville worker’s compensation attorney from Gillick, Wicht, Gillick & Graf can provide you with the representation you need to retrieve the compensation you deserve.
## How Our Janesville Worker’s Comp Attorneys Can Help
The worker’s compensation claims process is complicated. It is normal to have a lot of questions about what exactly needs to be done. The good news is that you do not have to navigate the system all alone. At Gillick, Wicht, Gillick & Graf, we are committed to providing the highest level of legal representation to injured workers and their families. When you call our Janesville worker’s compensation law firm, you will have a chance to consult directly with a Janesville, WI worker’s compensation attorney who can:
- Carefully review your case during a free, comprehensive initial consultation.
- Gather supporting evidence and handle the worker’s comp claims paperwork.
- Take aggressive action to maximize your benefits, including filing an appeal if necessary.
As the injured worker’s attorneys, we have represented injured Wisconsin workers for over 65 years in Worker’s Compensation and Social Security Disability claims. You need a team that will aggressively seek maximum compensation for your work-related injuries. Contact us today at 414-257-2667 to speak with an experienced Janesville worker’s compensation attorney. We do not collect a penny until we win your case.
## Frequently Asked Questions About Wisconsin Worker’s Compensation
### What is workers’ compensation?
Workers’ compensation is a state-regulated insurance program that covers medical expenses and lost wages for employees who suffer work-related injuries or illnesses. It also protects employers from lawsuits related to workplace injuries.
### Who is covered under Wisconsin workers’ compensation?
Nearly all employees in Wisconsin are covered, including full-time, part-time, seasonal workers, and minors. Employers with three or more employees or those who pay $500 or more in wages within a calendar quarter must carry coverage. Independent contractors may not be covered unless they have been misclassified.
### When does coverage begin?
Coverage begins on the first day of employment. There is no waiting period for eligibility; however, wage replacement benefits typically start after a three-day waiting period unless the disability lasts for more than seven days.
### What benefits are available?
Wisconsin workers’ compensation may include:
- Medical treatment for work-related injuries
- Temporary total disability (TTD) benefits for time off work
- Temporary partial disability (TPD) benefits if working reduced hours
- Permanent partial disability (PPD) benefits for lasting impairments
- Permanent total disability (PTD) benefits if you are unable to work again
- Vocational rehabilitation and retraining
- Mileage reimbursement for medical travel
### How do I file a claim?
Report your injury to your employer immediately. Your employer must then notify their insurance carrier and file a report with the Wisconsin Department of Workforce Development (DWD). You do not file the claim directly, but you should keep records of medical visits and communications related to your injury.
### Can I choose my own doctor?
Yes, you have the right to choose any licensed physician in Wisconsin. You are not required to see a company-designated provider, and you may change doctors once without needing insurer approval.
### What if my claim is denied?
If your claim is denied, you can:
Request a hearing before an administrative law judge
Submit medical records and witness testimony
Appeal the decision if necessary
### Will my job be held while I recover?
Wisconsin law does not guarantee job protection during recovery. However, federal laws like the Family and Medical Leave Act (FMLA) or union contracts may provide job reinstatement rights. Employers are prohibited from retaliating against workers for filing claims.
### Can I receive other benefits while on workers’ compensation?
Yes, but you must notify the insurer if you are receiving Social Security Disability Insurance (SSDI). Receiving both may affect your benefit amounts due to offset rules.
## Call Our Janesville, WI Worker’s Comp Lawyers for Immediate Help
At Gillick, Wicht, Gillick & Graf, our[ Janesville worker’s compensation attorneys](https://www.gillickwicht.com/Contact.shtml) have deep experience helping people navigate the claims process. If you need legal guidance, we are more than ready to help. Call us now at [414-257-2667](tel:4142572667) or connect with us online to set up a free, fully private appointment with an attorney. We represent injured workers throughout Rock County, including in Janesville, Beloit, Brodhead, Edgerton, Evansville, Milton, Clinton. Orfordville, and Footville.
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### [Madison Worker’s Compensation Attorneys](https://www.gillickwicht.com/about/madison-worker-s-compensation-attorney.shtml)
**Published:** January 30, 2018
**Author:** admin
**Content:**
***Our Worker’s Compensation Attorneys Represent Injured Workers in Madison and Throughout Dane County***
Home to the University of Wisconsin, the [state capital of Madison](https://www.cityofmadison.com/) is a vibrant and diverse community. With highly regarded restaurants and four nearby lakes—Mendota, Monona, Kegonsa, and Waubesa—Madison has something for everyone. It has the most parks/playgrounds per person of major U.S. cities and it has been recognized as one of the premier places for bicycle enthusiasts in the United States.
Workers across a wide variety of different industries help make Madison run. Unfortunately, job-related accidents remain a serious cause of concern. At Gillick, Wicht, Gillick & Graf, our Madison, WI worker’s comp lawyers are strong, experienced advocates for justice. If you or your family member was hurt while on the job, please do not hesitate to contact our law firm for a free, strictly confidential consultation with a top-rated Wisconsin worker’s comp attorney.
## Your Guide to Wisconsin’s Worker’s Compensation Laws
Worker’s compensation was set in place as a system of compensating work-related injuries without employees suing their place of work. Whether you work in an office or on a construction site, you are covered by worker’s compensation. These laws exist to provide you, the employee, with the financial means to cover any medical bills or lost wages that come as a result of a work injury.
Common hazards that may lead to an injury or illness in the workplace including falling objects, equipment malfunction, toxic exposure. These hazards can lead to severe injuries and infections that can force you to miss work. There are many myths and misconceptions regarding worker’s comp claims in Wisconsin. Here are five key things to know about state law:
1. **Almost All Employees Can File a Claim:** Many people do not believe that they are eligible for worker’s compensation, but over 98% of Madison’s workforce is. The [Worker’s Compensation Act](https://dwd.wisconsin.gov/dwd/publications/wc/wkc-1-p.pdf) also covers both part-time and full-time employees in most cases and is also available to employees of the private and public sectors. Indeed, Wisconsin state law requires virtually all employers in Dane County to provide no-fault worker’s comp insurance coverage to their employees.
2. **You Should Seek Medical Care and Report Your Accident:** If you were hurt on the job in Madison, the first step is to see a doctor. Severe injuries may require emergency medical care. Non-emergency injuries should always be evaluated as soon as possible. Not only is it your right to see a doctor under Wisconsin law, but you have to seek medical treatment in order to file a worker’s compensation claim. Additionally, your injuries and/or occupational disease should be reported to your employer within 30 days. Failure to notify an employer in a timely manner could be used as a justification to deny your claim.
3. **Worker’s Comp Claims are Not Based on Fault:** Your injuries may have come as a result of a fellow employee’s negligence or malfunctioning equipment while you performed your job responsibilities. Either instance is likely justifiable grounds to file a worker’s compensation claim. The reason for this is that worker’s compensation claims are not based on fault. Unlike a personal injury lawsuit, you are not required to prove negligence on the part of your employer in order to qualify for benefits. Instead, you can get benefits based solely on the fact that your injury, occupational disease, or other impairment arose out of the course and scope of your employment.
4. **A Wide Range of Injuries/Impairments are Covered:** Disability payments can be accessed for both partial and total disability. If your work-related injury becomes fatal, death benefits are also available for your family. Some workplace injuries may include neck injury, back injury, shoulder injury, tendonitis, paralysis, spinal cord injury, and much more. A Madison worker’s compensation attorney from Gillick, Wicht, Gillick & Graf can see to it that you are accurately compensated for your work-related injuries. We will help you get coverage for all reasonable and necessary medical treatment, financial benefits for the time you were forced to miss at work, and any other compensation that you are owed under the law.
5. **You Can Appeal a Denial in Madison, WI:** Even though worker’s comp insurance provides no-fault benefits to employees in Madison, it can still be difficult to get a claim paid after a workplace accident. Sadly, employers and insurers can be hard to deal with. In many cases, workplaces may not consider your injury as work-related and deny your claim. Make sure you have experienced attorneys with a proven track record of success when pursuing worker’s compensation. The good news is that you have the right to appeal a denial. A Madison worker’s compensation attorney from Gillick, Wicht, Gillick & Graf can provide you with the representation needed to help you retrieve the compensation you deserve.
## Why Choose the Madison Worker’s Comp Lawyers at Gillick, Wicht, Gillick & Graf
Work injury claims are notoriously complex. At Gillick, Wicht, Gillick & Graf, we are here to help you through this tough time by aggressively seeking the compensation you deserve. When you get in touch with our law firm, you will have an opportunity to consult with a Madison, WI worker’s compensation attorney who is prepared to:
- Answer questions and explain the claims process during a free consultation.
- Handle the entire process—including worker’s comp claims paperwork.
- If needed, file an appeal to get you the full and fair benefits you are owed.
We have represented the injured worker for over 65 years and have also recovered Social Security Disability Insurance for various injuries and disabilities. Contact us today at 414-257-2667 to speak with an experienced Madison worker’s compensation attorney. You don’t pay us anything until we win your case.
## Frequently Asked Questions About Wisconsin Madison Worker’s Compensation
### What is workers’ compensation?
Workers’ compensation is a state-mandated insurance program that provides medical care, wage replacement, and other benefits to employees who suffer work-related injuries or illnesses. In Wisconsin, nearly all employers are required to carry workers’ compensation insurance.
### Who is covered under Wisconsin workers’ compensation?
More than 98% of Wisconsin workers are covered from their first day of employment. Coverage applies to full-time, part-time, seasonal, and minor employees. Employers with three or more employees, or those with a payroll of $500 or more in any calendar quarter, must carry insurance. Exceptions include domestic workers, volunteers, and certain independent contractors.
### What benefits are available?
Workers’ compensation in Wisconsin may include:
- Medical treatment for work-related injuries or illnesses
- Temporary total disability (TTD) payments if you are unable to work
- Temporary partial disability (TPD) if you return to work at a reduced capacity
- Permanent partial disability (PPD) for lasting impairments
- Vocational rehabilitation and retraining
- Mileage reimbursement for medical travel
### How do I report a workplace injury?
If you are injured at work: 1. Seek immediate medical attention. 2. Inform your medical provider that the injury is work-related. 3. Report the injury to your supervisor within 24 hours. 4. Complete the Employee’s Work Injury and Illness Report and submit it to your employer. Your employer is responsible for filing your claim with their insurance carrier.
### Can I choose my own doctor?
Yes, you have the right to choose any licensed physician practicing in Wisconsin to treat your work-related injury. You are not required to see a company-designated provider.
### How long do benefits last?
The duration of benefits depends on the severity of your injury. Temporary disability benefits continue until you reach maximum medical improvement (MMI) or return to work. Permanent disability benefits are calculated based on impairment ratings and wage loss.
### What if my claim is denied?
If your claim is denied, you can: – Request a hearing before an administrative law judge. – Submit medical evidence and witness testimony. – Appeal the decision if necessary. Legal representation is recommended for disputed claims. The Wisconsin Department of Workforce Development (DWD) offers guidance and resources.
### What if I’m injured while working remotely or off-site?
Injuries sustained while performing job duties—whether on-site, off-site, or remotely—may be covered. The key factor is whether the activity was within the scope of your employment. Each case is evaluated individually.
### Can I be fired for filing a workers’ comp claim?
No, retaliation for filing a workers’ compensation claim is illegal. If you believe you have been fired or disciplined for asserting your rights, you may have grounds for a separate legal claim
## Call Our Madison, WI Worker’s Comp Lawyers for Immediate Help
At Gillick, Wicht, Gillick & Graf, our Madison worker’s compensation attorneys are experienced, results-driven advocates for injured workers and their family members. Were you hurt on the job? We are ready to begin working on your case right away. Call us now or [connect with a Madison worker’s comp attorney online](https://www.gillickwicht.com/Contact.shtml) to arrange your free, no-obligation initial legal consultation. We handle worker’s comp claims and appeals throughout Dane County, including in Madison, Fitchburg, Verona, and Middleton.
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### [Waukesha Worker's Compensation Attorney](https://www.gillickwicht.com/about/waukesha-workers-compensation-attorney.shtml)
**Published:** January 30, 2018
**Author:** admin
**Content:**
***We Fight for the Injured of Injured Workers Throughout Waukesha County***
Waukesha is one of the fast-growing communities in Southern Wisconsin. Over the last three decades, the population of the city has increased by nearly 40 percent. Named for the Anglicization of the Ojibwe word, [Waukesha](https://www.waukesha-wi.gov/) has been referred to as the “Spring City.” This is a term dating back to its 19th-century origins as a “spa” town. Downtown Waukesha is also home to one of the stages of the annual Tour of America’s Dairyland cycling event.
Workers help make Waukesha a strong and successful community. While the workplace is supposed to be a place of productivity and professional growth, that isn’t always the case. At Gillick, Wicht, Gillick & Graf, our Waukesha worker’s compensation lawyers are experienced, results-driven advocates for clients and their families. If you or your loved one was hurt on the job in Waukesha County, please call us today for a free, no-obligation initial consultation.
## A Work-Related Injury or Illness Can Disrupt Your Life
Workers around the country all face the unpleasant possibility of sustaining a work-related injury. When one is injured, the injury carries the potential of causing significant physical and financial damage, as you may be forced to spend an extended period away from work while you recover. In the worst of cases, employees who sustained injuries were incapable of returning to work due to the severity of their injuries, leaving them with few financial resources.
Work-related accidents can happen in a wide variety of different ways. Hazardous conditions in the workplace often result in serious injuries such as:
- Repetitive motion injuries;
- Auto accident injuries;
- Musculoskeletal injuries; and
- Slips, trips, and falls.
## Injured on the Job in Waukesha? Know Your Rights
The injured worker is protected by Wisconsin state law, whether the injury is physical or the result of an illness or virus. Wisconsin worker’s compensation laws allow American employees of the private or public sector to make a claim for compensation. Many Waukesha citizens are unaware that they have access to worker’s compensation benefits and fail to file a claim for their work-related injury. Here are some of the most important things to know about your rights under the Wisconsin worker’s compensation laws:
1. **You Must Get Medical Attention and Report Your Accident:** It is crucial that you know how to protect your health, safety, and legal rights after a serious work-related accident. First and foremost, you have the right to professional medical attention. You should always see a doctor after suffering a work-related injury or developing a work-connected illness. If you do not see a physician, you cannot file a claim. Further, you should report your injury to your supervisor/employer. Failure to report a job-related accident within 30 days could prevent you from filing a worker’s comp claim.
2. **Financial Support is Available Through Your Coverage:** You will likely require medical attention and time off after sustaining an injury at work. While you are recovering, you will still need to provide for your daily cost of living as you incur unanticipated medical bills. Worker’s compensation laws are in place to provide you with the financial support you need during this troubling time. There is also coverage available for partial and total disability for temporary and permanent injuries in the form of disability payments.
3. **You Must File a Claim to Get Your Benefits:** When you get injured at work, you may assume that your company will pay your medical bills and you will eventually be able to return to your job. That can only happen if your worker’s compensation claim gets approved. There are many instances of companies denying claims to avoid responsibility. If this happens to you, exercise your right to legal representation by acquiring a Waukesha worker’s compensation attorney.
4. **You Have the Right to Legal Counsel:** As an injured worker, you may have more questions than answers regarding your claim. You may be unaware of how to prepare and document your claim, whether your workplace will accept your claim, and what compensation you may ultimately obtain. A quality Waukesha worker’s compensation attorney can provide you with the legal guidance and representation you need. Gillick, Wicht, Gillick & Graf have represented the injured worker since 1948 and will fight to ensure adequate compensation for your work-related injuries.
## You Can Rely On Our Waukesha Worker’s Comp Attorneys for Results
It is normal to feel stressed out or confused after a serious work-related accident. There are many different issues that can arise during the worker’s comp claims process. At Gillick, Wicht, Gillick & Graf, we are here to make sure that you are in the best position to get the financial compensation that you need to support your family. Our team will get started on your case right away. Among other things, our Waukesha worker’s comp lawyers are prepared to:
- Answer your questions and explain your options during a free, no-obligation consultation.
- Gather supporting evidence and handle all of the workers’ comp paperwork.
- Take your claim as far as needed to maximize your workers’ compensation benefits.
We have over 65 years of experience and have also recovered Social Security Disability Insurance for various injuries and disabilities. During this difficult time, you should not have to worry about your ability to pay for the damages incurred by an accident that was not your fault. Contact us today at 414-257-2667 to speak with an experienced Waukesha worker’s compensation attorney. You don’t pay us anything until we win your case.
## Frequently Asked Questions About Wisconsin Worker’s Compensation
### What are medical work restrictions?
Medical work restrictions are specific limitations placed on an injured worker’s job responsibilities based on their current physical or mental health condition. These restrictions take into account the type and severity of the injury and are determined by a licensed healthcare provider. Common restrictions may involve limitations on lifting weights beyond a certain threshold, standing or walking for extended periods, bending, or working in specific environmental conditions that could aggravate the injury. It’s important to note that these restrictions are not arbitrary; they are carefully evaluated to ensure a worker’s safety and facilitate the healing process.
### Who determines my work restrictions?
Your treating physician, who is responsible for your care and recovery, will assess your medical condition during regular appointments. Based on their evaluation, they will outline specific work restrictions that you must adhere to as you recover. Employers are legally obligated to respect these restrictions to prevent any further injury or complications. It is essential that these restrictions be documented clearly in writing and shared with both your employer and the workers’ compensation insurer to ensure everyone is on the same page regarding your capabilities and needs during recovery.
### What is “light duty” work?
Light duty work refers to modified job tasks that are specifically designed to align with your medical restrictions. This type of work might involve reduced hours or responsibilities, limiting the need for strenuous physical activity, or even reassigning you to tasks that are less demanding. Employers in Wisconsin are not only encouraged but often required to provide light duty work when it is feasible, ensuring that employees have the opportunity to remain part of the workforce during their recovery period.
### Can I refuse light duty work?
You have the right to refuse a light duty work assignment if it is genuinely incompatible with your medical restrictions or if it imposes an undue burden on you. However, it is crucial to understand that if your employer offers a legitimate light duty position adhering to your specified restrictions, declining it without valid justification may impact your workers’ compensation benefits. If facing such a situation, you should seek to document your concerns with medical evidence and possibly retain legal support to advocate for your rights.
### What if my employer ignores my restrictions?
Employers are legally bound to honor documented medical restrictions set forth by your healthcare provider. If you find that your employer is assigning you tasks that violate these limits, it is critical to take action. You should first report the issue to your physician to obtain further advice. Additionally, notify your workers’ compensation insurer about the violation and consider reaching out to the [Wisconsin Department of Workforce Development](https://dwd.wisconsin.gov/) (DWD) for further assistance. Seeking the advice and support of an attorney specializing in workers’ compensation may also be beneficial to ensure that your rights are fully protected.
### How long do restrictions last?
The duration of work restrictions is contingent upon your medical progress and is determined by your healthcare provider. These restrictions will remain in effect until your doctor assesses that you have achieved maximum medical improvement (MMI) or have fully recovered from your injury. Some restrictions may only be temporary, reflecting a gradual recovery, while others might be more permanent, depending on the nature of your condition and the extent of your injuries.
### Do restrictions affect my wage replacement benefits?
Yes, medical work restrictions can significantly affect your wage replacement benefits. If you return to work with adjusted hours or modified job duties that result in lower pay, you may qualify for temporary partial disability (TPD) benefits, which help compensate for the income loss. Conversely, if your injury prohibits you from working altogether, you may be eligible for temporary total disability (TTD) benefits until you receive clearance to resume either modified duties or full duties.
### What if my employer doesn’t have light duty work?
In situations where your employer cannot provide a suitable light duty position that accommodates your restrictions, you are entitled to continue receiving wage replacement benefits until either a fitting role becomes available or you fully recover from your injury. Additionally, you may explore options for vocational rehabilitation services that can assist you in retraining for a different role suited to your capabilities.
### Can mental health conditions lead to work restrictions?
Absolutely. Mental health conditions such as post-traumatic stress disorder (PTSD), anxiety disorders, or depression can significantly impact a worker’s ability to perform job duties effectively. If these conditions interfere with job performance, they may result in work restrictions as well. Such mental health diagnoses must be formally assessed and documented by a qualified mental health provider and are processed under Wisconsin workers’ compensation law in a manner similar to that of physical injuries. By understanding the implications and details surrounding medical work restrictions, injured workers can better navigate their recovery and rights within the Wisconsin workers’ compensation system
## Call Our Waukesha, WI Worker’s Comp Lawyers for Immediate Help
At Gillick, Wicht, Gillick & Graf, our Waukesha worker’s compensation attorneys are standing by, ready to get started on your case. If you or your loved one suffered a serious injury on the job, we can help. Give us a call now at 414-257-2667 or [contact one of the Waukesha worker’s compensation lawyers directly online](https://www.gillickwicht.com/Contact.shtml) to schedule your free consultation. We provide worker’s comp representation throughout Waukesha County, including in Waukesha, Milwaukee, Brookfield, Muskego, New Berlin, Oconomowoc, and Pewaukee.
---
### [Charles Graf](https://www.gillickwicht.com/about/charles-chuck-graf.shtml)
**Published:** January 30, 2018
**Author:** admin
**Content:**
### Partner
**Location:** Milwaukee, Wisconsin
**Phone:** [414-257-2667](tel:414-257-2667)
**Fax:** 414-257-9297
**Email:** [Email Me](mailto:cgraf@gillickwicht.com)
**Charles J. Graf** is a partner at our Milwaukee location. He earned his bachelor’s degree at the University of Wisconsin La Crosse and his law degree at Marquette University. Mr. Graf is a member of the Wisconsin Academy of Trial Lawyers, the American Bar Association, and the Association of Trial Lawyers of America.
### Areas of Practice
- [Worker’s Compensation](https://www.gillickwicht.com/workers-compensation "Worker’s Compensation")
### Honors and Awards
- Best Lawyers in America (2006 thru 2020)
## Frequent Questions
You have a claim if you suffered a loss because of a job-related injury. This means that to get worker’s compensation, you have to show three things:
[Read More ](https://www.gillickwicht.com/FAQs.shtml "Read More")
---
### [Dennis Wicht](https://www.gillickwicht.com/about/dennis-wicht.shtml)
**Published:** January 30, 2018
**Author:** admin
**Content:**
### Attorney
**Location**: Milwaukee, Wisconsin
**Phone**: 414-257-2667
**Fax**: 414-257-9297
**Email**: [Email Me](mailto:dwicht@gillickwicht.com)
**Dennis H. Wicht** is a member of the Milwaukee and American Bar Associations, State Bar of Wisconsin, Wisconsin Academy of Trial Lawyers, and Association of Trial Lawyers of America. He earned a bachelor’s degree at St. John’s University and his law degree at Marquette University. He lectures at advanced training and continuing legal education seminars and was born in Milwaukee in 1942.
### Areas of Practice
- [Worker’s Compensation](https://www.gillickwicht.com/workers-compensation "Worker’s Compensation")
### Bar Admissions
- Wisconsin, 1967
- U.S. District Court Eastern District of Wisconsin, 1967
### Education
- Marquette University Law School, Milwaukee, Wisconsin
- J.D., Doctor of Jurisprudence – 1967
- St John’s University, Collegeville, Minnesota
- B.S., Bachelor of Science – 1964
## Frequent Questions
You have a claim if you suffered a loss because of a job-related injury. This means that to get worker’s compensation, you have to show three things:
[Read More](https://www.gillickwicht.com/FAQs.shtml "Read More")
---
### [Worker's Compensation Travel Schedule](https://www.gillickwicht.com/work-comp-travel-schedule.shtml)
**Published:** November 2, 2020
**Author:** admin
**Content:**
## OCTOBER WORKERS COMP. TRAVEL SCHEDULE 2026
| ***October 7th, (1st WEDNESDAY)*** | ***SHEBOYGAN UNION*** | ***1:00 P.M. – 4:00 P.M.*** | ***CJG*** |
|---|---|---|---|
| ***October 8th, (2nd THURSDAY)*** | ***OSHKOSH UNION HALL*** | ***1:00 P.M. – 4:00 P.M.*** | ***DHW*** |
| ***October 20th, (3rd TUESDAY)*** | ***GREEN BAY UNION HALL*** | ***1:00 P.M. – 4:00 P.M.*** | ***CJG*** |
| ***Sheboygan Address:*** | *Emil Mazey Hall 5425 – 5425 Superior Avenue (920) 458-2173* |
|---|---|
| ***Green Bay Address:*** | *Green Bay Labor Temple – 1570 Elizabeth Street – (920) 435-9155* |
| ***Oshkosh Union Hall:*** | *UAW Local Union Hall – 2920 Oregon Street, Local 578 – (920) 231-5153* |
## We’re no longer going to Wisconsin Rapids or Wausau Union Halls
---
### [Privacy Policy](https://www.gillickwicht.com/Privacy-Policy.shtml)
**Published:** January 30, 2018
**Author:** admin
**Content:**
Please wait while the policy is loaded. If it does not load, please [click here to view the policy](https://app.termageddon.com/api/policy/Y1hseVJ6QnBUa2hyYTJwc2FFRTlQUT09?).
---
### [Site Map](https://www.gillickwicht.com/site-map.shtml)
**Published:** February 1, 2018
**Author:** admin
**Content:**
[**Home**](https://www.gillickwicht.com/)
- [About](https://www.gillickwicht.com/About)
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- Attorneys
- [Michael Gillick](https://www.gillickwicht.com/About/Michael-Gillick.shtml)
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- [George F. Graf (Retired)](https://www.gillickwicht.com/About/George-F-Graf.shtml)
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- Areas of Practice
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- [Wisconsin Rapids WI](https://www.gillickwicht.com/wisconsin-rapids-workers-compensation-lawyers.shtml)
---
### [Milwaukee Worker's Compensation Lawyers. No Fee Until You Get Paid.](https://www.gillickwicht.com/workers-compensation)
**Published:** January 31, 2018
**Author:** admin
**Content:**
***Wisconsin’s Worker’s Compensation Law Firm Since 1948***
Unfortunately, workplace accidents remain a serious safety issue in Wisconsin. Every year, tens of thousands of workers in our state seek medical attention for a job-related injury or occupational disease. Wisconsin law allows injured workers to recover compensation. However, navigating the claims process can be a challenging task.
If you have been hurt in a workplace injury, you are probably experiencing significant anxiety. Most workplace injury victims do not understand the legal process and they have a number of questions about the law, the legal process ahead, and how to choose the right team of lawyers to handle their cases. Our Milwaukee worker’s compensation lawyers are here to assist you with your claim.
At Gillick, Wicht, Gillick & Graf, our Wisconsin [worker’s compensation](https://www.gillickwicht.com/accordions/faq) lawyers know how to get results. We provide personalized representation—answering all our client’s questions. As the Injured Worker’s Law Firm™, our attorneys help injured workers through the process of Worker’s Compensation in Milwaukee and throughout Wisconsin.
Call us at 414-257-2667 anywhere in the state. We offer free consultations, and we will answer all of your workers’ compensation questions.
## An Overview of Wisconsin’s Worker’s Compensation Laws
Were you hurt on the job in Wisconsin? If so, it is imperative that you know how to take the proper steps to protect your best interests. You need immediate medical treatment from a qualified doctor. From there, you have the right to file for worker’s compensation benefits. Here are five key things to know about the worker’s compensation laws in Wisconsin:
1. **Most Employers Must Provide No-Fault Workers’ Comp Coverage:** A workers’ comp claim is not the same thing as a personal injury claim. In a personal injury case, a plaintiff must prove that the defendant was “at fault” for their accident. In Wisconsin, worker’s comp benefits are provided on a no-fault basis. You can file for financial compensation regardless of whether or not your employer caused your accident through carelessness, recklessness, or other workplace safety violations. Notably, the vast majority of businesses and nonprofits in Wisconsin are required to provide no-fault worker’s comp insurance.
2. **A Medical Condition Must Arise Out of Employment:** In order to be eligible for worker’s compensation benefits, you must have suffered an injury, illness, or other impairment that arose out of the course and scope of your employment. In other words, you must have a job-related medical condition. To be clear, an accident does not have to occur on your employer’s premises. Off-site injuries are covered by worker’s comp as long as the accident occurred within the scope of a worker’s employment.
3. **An Employee Must Give Adequate Notice:** Under Wisconsin state law, an injured worker must give their employer prompt notice that an accident/safety incident occurred. As a general matter, notice should always be provided within 30 days of the onset of an injury. With an occupational disease, notice should be given as soon as the employee reasonably recognizes that their medical condition is connected to their employment. If you fail to provide notice in a timely manner, it could undermine your ability to get worker’s compensation benefits.
4. **A Wide Range of Financial Benefits are Available:** As a starting point, worker’s comp insurance in Wisconsin should provide coverage for all medical treatment that is necessary and reasonably related to your workplace injury/illness. You have a right to comprehensive medical care. Next, worker’s compensation should also provide weekly financial benefits for people who are forced to take time off after an accident. Wage loss benefits are calculated based on an employee’s pre-injury earnings. If you suffered a permanent disability or impairment, additional compensation may also be available.
5. **You Can Appeal a Worker’s Comp Denial in Wisconsin:** The purpose of Wisconsin’s worker’s comp laws is clear: Injured workers are entitled to financial support after an accident. Sadly, employers and insurers do not always make the claims process smooth. If your worker’s comp claim was denied in Milwaukee, you have the right to file an appeal.
## Steps to Take If Your Worker’s Compensation Claim Was Denied
There are few things more frustrating than finding out that your workers’ compensation claim has been denied. These claims can be rejected for a wide variety of different reasons. From small errors on an initial application to disputes over the medical evidence to bad faith practices by insurance companies, there are many instances where a claim may be denied. If your worker’s compensation claim was not approved in Wisconsin, it is essential that you take immediate action. Here are four steps to take to protect your rights:
1. **Review the Denial Letter:** When a claim is denied, an applicant is entitled to receive a written denial letter that explains the reasoning. These denial letters can be difficult to parse. A claimant should be ready to seek professional guidance.
2. **Consult With a Lawyer:** An experienced Milwaukee, WI worker’s comp lawyer can help you understand and evaluate the denial. An attorney will be able to answer your questions and help you determine the best course of action.
3. **File the Workers’ Comp Appeal:** n Wisconsin, you file a worker’s compensation appeal by requesting a hearing. In general, this means that you must fill out and send in a form called Form WKC-7. Make sure that you initiate the appeals process in a timely manner. You do not want to miss out on your chance to fight back against an unfair denial of benefits
4. **Be Ready to Escalate the Claim:** The Wisconsin worker’s comp appeals process has multiple stages. If an administrative law judge declines to grant you the full and fair financial benefits that you deserve at the hearing stage, you retain the right to further pursue your appeal. The next stage of the process is handled by the Labor and Industry Review Commission (LIRC).
## Worker’s Comp in Wisconsin: Frequently Asked Questions (FAQs)
- [What can I expect from the worker’s compensation process](https://www.gillickwicht.com/workers-compensation/what-should-i-expect-from-the-workers-compensation-process.shtml "What To Expect From The Workers’ Compensation Process")?
After suffering a work injury, there are a number of steps involved. First, you will need to seek medical attention and report the accident to your employer right away. Then call us and we will walk you through the process.
- [What if my worker’s compensation claim has been denied? ](https://www.gillickwicht.com/Workers-Compensation/What-If-My-Workers-Comp-Claim-Is-Denied.shtml)
It is always better to work with an attorney from our firm right from the beginning, so we can help you avoid a workers’ comp claim denial. But if you have had a claim denied, there are appeal stages built into the process and other legal means we can explore to help you obtain the compensation you need.
- [Can I be compensated for a traumatic workplace injury?](https://www.gillickwicht.com/workers-compensation/can-i-be-compensated-for-a-traumatic-workplace-injury.shtml "Can I be compensated for a traumatic workplace injury?")
In most cases, traumatic injuries are eligible for worker’s compensation. Our lawyers can help you make sure you receive full and [fair compensation](https://www.gillickwicht.com/green-bay-workers-comp-event).
- [Can I be compensated for a repetitive stress injury](https://www.gillickwicht.com/workers-compensation/can-i-be-compensated-for-repetitive-stress-injuries.shtml "Can I be compensated for a repetitive stress injury?")?
Most likely, yes. Often, back injuries, carpal tunnel, and other repetitive stress injuries are more difficult to link to workplace activities than other injuries, but our lawyers have handled many of these cases successfully.
- [What if I am permanently disabled?](https://www.gillickwicht.com/workers-compensation/what-if-i-am-permanently-disabled.shtml "What if I am permanently disabled?")
The worker’s compensation disability schedule assigns a number of weeks of work compensation to various types of injuries. Our worker’s comp lawyers can explain the process and help you maximize your compensation if you have been disabled.
When a claim is accepted, worker’s compensation is available to cover medical expenses, lost wages, disability benefits (temporary partial, permanent partial, temporary total, and temporary partial disability).
We can answer any of the questions you have. Our attorneys take a compassionate, caring approach to our clients and a tenacious, aggressive approach to protecting their rights.
## Related Topics
- [What Should I Expect From The Worker’s Compensation Process? ](https://www.gillickwicht.com/Workers-Compensation/What-Should-I-Expect-From-The-Workers-Compensation-Process.shtml)
- [What If My Worker’s Comp Claim Is Denied? ](https://www.gillickwicht.com/Workers-Compensation/What-If-My-Workers-Comp-Claim-Is-Denied.shtml)
- [Can I Be Compensated For A Traumatic Workplace Injury? ](https://www.gillickwicht.com/Workers-Compensation/Can-I-Be-Compensated-For-A-Traumatic-Workplace-Injury.shtml)
- [Can I Be Compensated For Repetitive Stress Injuries? ](https://www.gillickwicht.com/Workers-Compensation/Can-I-Be-Compensated-For-Repetitive-Stress-Injuries.shtml)
- [What If I Am Permanently Disabled? ](https://www.gillickwicht.com/Workers-Compensation/What-If-I-Am-Permanently-Disabled.shtml)
- [What Does Worker’s Compensation Pay?](https://www.gillickwicht.com/workers-compensation/what-does-workers-compensation-pay.shtml "What Does Worker’s Compensation Pay?")
- [Worker’s Compensation Wage Schedule](https://www.gillickwicht.com/workers-compensation/workers-compensation-wage-schedule.shtml "Worker’s Compensation Wage Schedule")
- [Permanent Partial Disability Schedule](https://www.gillickwicht.com/workers-compensation/permanent-partial-disability-schedule.shtml "Permanent Partial Disability Schedule")
- [Construction Site Accidents](https://www.gillickwicht.com/workers-compensation/construction-site-accidents.shtml "Construction Site Accidents")
- [Independent Medical Examinations](https://www.gillickwicht.com/Workers-Compensation/Independent-Medical-Examinations.shtml)
- [Workplace Illnesses](https://www.gillickwicht.com/workers-compensation/ilnnesses-in-the-workplace.shtml "Workplace Illnesses")
- [Common Job Site Accidents](https://www.gillickwicht.com/workers-compensation/common-job-site-accidents.shtml "Common Job Site Accidents")
- [Trucking and Professional Driver Injuries](https://www.gillickwicht.com/workers-compensation/trucking-and-professional-driver-injuries.shtml "Trucking and Professional Driver Injuries")
- [Worker’s Compensation Appeals](https://www.gillickwicht.com/workers-compensation/workers-compensation-appeals.shtml "Worker’s Compensation Appeals")
- [Preparing for an Independent Medical Exam](https://www.gillickwicht.com/Workers-Compensation/Preparing-for-an-Independent-Medical-Exam.shtml)
- [Vocational Rehabilitation](https://www.gillickwicht.com/workers-compensation/vocational-rehabilitation.shtml "Vocational Rehabilitation")
- [Toxic Exposure](https://www.gillickwicht.com/workers-compensation/toxic-exposure.shtml "Toxic Exposure")
- [Filing a Worker’s Compensation Claim](https://www.gillickwicht.com/workers-compensation "Filing a Worker’s Compensation Claim")
- Scaffolding Accident
- Legal Options for Construction Worker Injuries
## Frequent Questions for Milwaukee Worker’s Compensation Lawyers
You have a claim if you suffered a loss because of a job-related injury. This means that to get worker’s compensation, you have to show three things:
[Read More](https://www.gillickwicht.com/FAQs.shtml)
## You Can Trust the Injured Worker’s Law™ Firm for Results
Following a serious workplace accident, it is normal to be confused, stressed out, and/or overwhelmed. At Gillick, Wicht, Gillick & Graf, we are prepared to walk you through every step of the claims process. Among other things, our Milwaukee worker’s compensation lawyers will:
- Conduct a free, in-depth review of your case.
- Handle all of the workers’ comp claims paperwork.
- Take your claim as far as necessary to maximize your benefits.
We have [represented injured workers across Southern Wisconsin](https://www.gillickwicht.com/Testimonials.shtml) for nearly eight decades. With a well-documented record of testimonials from previous clients, you can rely on our Milwaukee [worker’s compensation attorneys](https://www.gillickwicht.com/about/new-berlin-worker-s-compensation-attorney.shtml) to handle your case properly.
## Contact Gillick, Wicht, Gillick & Graf. The Injured Worker’s Law Firm.
At Gillick, Wicht, Gillick & Graf, our Wisconsin worker’s compensation lawyers work tirelessly to help clients maximize their financial benefits. As the Injured Worker’s Law™ Firm, we know how to get results. If you or your family were hurt on the job, our legal team is ready to help. Call us today at 414-257-2667 or [contact us online](https://www.gillickwicht.com/Contact.shtml) to schedule a free initial consultation with an experienced worker’s compensation lawyer from Gillick, Wicht, Gillick & Graf. With an office in Milwaukee, we represent injured workers throughout Wisconsin, including in Racine, Waukesha, Madison, Wausau, Appleton, Green Bay, Manitowoc, Janesville, and Fond du Lac.
---
### [Fox Valley Worker's Compensation Attorneys](https://www.gillickwicht.com/fox-valley.shtml)
**Published:** January 30, 2018
**Author:** admin
**Content:**
Fox Valley worker’s compensation attorneys help you get the compensation you deserve when you’ve been injured on the job. Millions of workplace-related injuries and illnesses stand in the way of workers’ ability to perform their duties and lead to a high quality of life. What many workers may not realize is that oftentimes they are entitled to workers’ compensation benefits for injuries incurred on the job. If you have sustained an injury or illness on duty in the [Fox Valley](https://en.wikipedia.org/wiki/Fox_Valley), you may benefit from the counsel of an experienced workers’ compensation attorney to help you navigate your options during what is understandably a distressing time. [Knowledgeable and compassionate lawyers](https://www.gillickwicht.com/About/) at the law firm of Gillick, Wicht, Gillick & Graf can help you receive a valuable settlement to cover your medical bills, lost wages, and permanent partial disability.
Injuries happen at all times of the day in all kinds of work environments. On average, 3 million nonfatal injuries and illnesses are reported each year. In the Fox Valley, Wisconsin, both private and public-sector employers are required to compensate employees who have been injured in their place of work. Most workers in the Fox Valley are entitled to compensation, but many do not realize it. If you are currently suffering an injury that took place on-the-job, working with our Fox Valley worker’s compensation attorneys can help you receive what you are entitled to by law.
Many different injuries are covered by workers’ compensation benefits. The benefits you could receive may include temporary total disability, permanent partial disability, physical therapy, medical tests, prescription medications, doctor’s visits, and hospitalization depending on your condition.
For over 65 years, the Fox Valley worker’s compensation attorneys at Gillick, Wicht, Gillick & Graf have protected workers’ rights in Fox Valley and throughout the state of Wisconsin. We proudly represent injured workers and have been “the injured workers’ law firm” since 1948. Let us help you receive the compensation you deserve. You do not pay any legal fees until we collect for you. Call 414-257-2667 or contact us to get started.
## Frequent Questions for Fox Valley Worker’s Compensation Attorneys
You have a claim if you suffered a loss because of a job-related injury. This means that to get worker’s compensation, you have to show three things:
[Read More ](https://www.gillickwicht.com/faqs.shtml)
---
### [Were You Injured at Work?](https://www.gillickwicht.com/green-bay-workers-comp-event)
**Published:** March 24, 2022
**Author:** admin
**Content:**
## Injured on the Job? Personal One-On-One Conferences with Work Injury Lawyers Tuesday August 16th
Were you injured at work and want to understand your rights? The attorneys at Gillick Wicht, Gillick & Graf will be at the Green Bay Labor Temple on ***Tuesday August 16th, 2022 from 10 am – 1 pm*** offering free consultations and answering any questions you may have. Our lawyers have been working for injured workers for over 60 years and will help you understand your rights and if you have a claim to pursue. **NO APPOINTMENT IS NECESSARY** and there is **NO FEE** to attend or for a consultation.
## Can’t Make it on August 16th? We Got You Covered
If you are unable to attend on Tuesday August 16th, no problem! We are offering other options so you can speak with an experienced Wisconsin Workers’ Compensation lawyer. Feel free to schedule a **FREE** pone consultation, **FREE** virtual consultation, or **FREE** in-person consultation by clicking one of the links below and filling out a contact form. Someone from our office will contact you to coordinate a time that works best for your schedule. Or simply call us at **414-257-2667** to speak with someone today.
CLICK HERE
to schedule a
FREE Phone
Consultation
CLICK HERE
to schedule a
FREE Virtual
Consultation
CLICK HERE
to schedule a
FREE In-Person
Consultation
We are The Injured Worker’s Law Firm and want to help you understand your options so you can get compensation for your work injuries. **NO FEE UNLESS WE WIN**. We look forward to seeing you on July 19th or hearing from you to see how we can help you get fair compensation for your work injury!
PERSONAL ONE-ON-ONE CONFERENCES
**GILLICK, WICHT, GILLICK & GRAF**
LAWYERS WORKING FOR INJURED WORKERS
FOR OVER 60 YEARS
**TUESDAY AUGUST 16TH, 2022**
FROM
**10:00 AM – 1:00 PM**
At the Green Bay Labor Temple
1570 Elizabeth Street
Green Bay, WI 54302
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### [Manitowoc Worker’s Compensation Attorney](https://www.gillickwicht.com/about/manitowoc-worker-s-compensation-attorney.shtml)
**Published:** January 30, 2018
**Author:** admin
**Content:**
***Our Law Firm Advocates for Injured Workers in Manitowoc, Wisconsin***
Located on the shore of Lake Michigan at the opening of the Manitowoc River, [Manitowoc was initially founded by French fur traders](https://www.manitowoc.org/) back in the middle of the 18th century. Access to Lake Michigan has been a key part of the development of the city’s economy. It is home to a major shipbuilding yard, with some top employers associated with the area being The Manitowoc Company and the Burger Boat Company.
All Manitowoc workers run the risk of suffering a work-related injury. Depending on the severity of the injury, you may be unable to work and therefore, may be eligible to receive worker’s compensation benefits. At Gillick, Wicht, Gillick & Graf, our Manitowoc worker’s compensation lawyers are tireless, effective advocates for injured workers and their loved ones. Call us today to set up a free, fully confidential case review with an experienced Wisconsin worker’s comp attorney.
## Worker’s Compensation Laws in Wisconsin: Explained
Were you hurt or made ill while on the job in Manitowoc? If so, it is essential that you know your rights understand state law. Worker’s compensation coverage helps to ensure that you are in the best position to get medical care and financial support for yourself and your family. Here are is a brief overview of worker’s compensation regulations in Manitowoc County:
1. **Most Employers Must Provide No-Fault Coverage:** Job-related accidents remain a serious issue in Wisconsin. A workplace injury can come in many forms. Industrial accidents are some of the most dangerous as they can result in back, neck, shoulder, and many other severe injuries. Manitowoc workers who develop conditions like carpal tunnel syndrome are also eligible under [Wisconsin worker’s compensation law](https://oci.wi.gov/Pages/Consumers/WorkersComp.aspx). In fact, worker’s compensation law protects over 98% of Manitowoc workers. If you were hurt while on the job in Manitowoc, you have the right to file a claim for benefits.
2. **Insurance Coverage is ‘No-Fault’ for Work Injuries:** Work injuries happen for a wide range of different reasons. Most often, because of hazardous conditions within the workplace. Hazardous workplace conditions can easily result in head injuries, back injuries, neck injuries, allergic reactions, shoulder injuries, knee injuries, and a wide variety of other injuries and impairments. Notably, worker’s comp insurance in Wisconsin is “no-fault” coverage. In effect, this means that a worker who was hurt while on the job in Manitowoc has the right to recover worker’s comp benefits regardless of whether or not their employer did anything wrong. You do not have to prove negligence to be eligible to bring a work injury claim in Wisconsin.
3. **Worker’s Comp Benefits Will Help You Move Forward:** Worker’s comp coverage applies to full and part-time employees working in the private and public sectors. Through a worker’s compensation claim, you can seek the financial assistance that you need to move forward with your life, past a debilitating work injury. As a starting point, Wisconsin worker’s comp coverage provides support for all medical care and rehabilitative treatment that is reasonably related to your accident. Additionally, temporary/permanent disability benefits are available for workers who were forced to miss paychecks as a result of their injury or occupational disease.
4. **Many Valid Claims are Denied Under Spurious Grounds:** As noted previously, an employee who has been injured while on the job deserves benefits regardless of employer fault. Although this may be true, many businesses deny worker’s compensation claims. As stressful and frustrating as this is, you have the right to appeal an unfair denial. Those injured while performing work duties can pursue legal action against their employer if denied benefits. When that happens, don’t hesitate to acquire the services of a qualified local attorney. A Manitowoc worker’s compensation attorney from Gillick, Wicht, Gillick & Graf can provide you with adequate legal representation to help you secure the compensation you deserve. Our Manitowoc, WI worker’s comp lawyers have the skills and experience to handle appeals.
## How Our Manitowoc Worker’s Compensation Lawyers Can Help
After a serious work-related accident, you need to focus on your health, your recovery, and your family. It is easy to get overwhelmed by the complexities of the worker’s comp claims process. At Gillick, Wicht, Gillick & Graf, our mission is to make sure that your legal rights and financial interests are fully protected. We are on the side of workers and their families. We are not on the side of the insurance companies. When you call our firm, you will have an opportunity to consult directly with a Manitowoc, WI worker’s compensation lawyer who can:
- Answer your questions and review your case during a free initial consultation.
- Gather supporting evidence and complete all of the workers’ comp claims paperwork.
- If necessary, file an appeal to ensure you the full financial benefits you deserve.
A Manitowoc worker’s compensation attorney with Gillick, Wicht, Gillick & Graf will fight to recover the compensation you deserve. As the injured worker’s attorneys, we have represented injured Wisconsin workers for over 65 years and have recovered social security insurance for various disabilities and injuries. We understand the stress that comes along with suffering a work-related accident and would like to help you through this tough time. Contact us today at 414-257-2667 for a free case evaluation.
## Frequent Questions for Our Manitowoc Worker’s Compensation Attorney
You have a claim if you suffered a loss because of a job-related injury. This means that to get worker’s compensation, you have to show three things: [Read More](https://www.gillickwicht.com/FAQs.shtml)
## Call Our Manitowoc Workers’ Comp Attorneys Today
At Gillick, Wicht, Gillick & Graf, our Manitowoc worker’s compensation lawyers are experienced, effective advocates for injured workers. You do not have to go up against an employer or an insurance company alone. With a proven record of success, our law firm knows how to hold companies accountable for paying workers’ comp claims.
If you were hurt on the job, we can help you secure the financial benefits you deserve. Call us now or [send our Manitowoc worker’s compensation lawyers a message online](https://www.gillickwicht.com/Contact.shtml) for a free, no strings attached consultation. We represent injured workers throughout Manitowoc County, including in Manitowoc, Two Rivers, Keil, Cleveland, Reedsville, Whitelaw, and Valders.
---
### [Wausau Worker’s Compensation Attorneys](https://www.gillickwicht.com/wausau-workers-compensation-attorneys.shtml)
**Published:** January 30, 2018
**Author:** admin
**Content:**
***Our Wausau Worker’s Compensation Attorneys Fight for the Rights of Injured Workers in Wausau and Throughout Marathon County***
Located in the North-Central part of the state, [Wausau](https://www.ci.wausau.wi.us/) is divided in the middle by the Wisconsin River. Following the end of the Vietnam War, the city became home to many Hmong refugees fleeing Southeast Asia. Originally founded based largely on the lumber trade due to its favorable spot along the Wisconsin River, Wausau now has a diverse, developed economy, with large employers such as Liberty Mutual present in the city.
At Gillick, Wicht, Gillick & Graf, our Wausau worker’s compensation attorneys have the professional skills and legal knowledge to protect the rights of people who were hurt on the job. If you or someone you know was injured while working in Wausau, please do not hesitate to reach out to our Wisconsin worker’s comp lawyers for a free, fully confidential initial case evaluation. We will help you maximize your financial compensation.
## What to Know About Worker’s Compensation Protections in Wausau, Wisconsin
Being injured on the job can lead to a compounding series of events that place you in a mountain of debt. A serious injury can have you out of work for months, not to mention the healthcare costs associated with treatment and recovery. If you have been injured at your place of work in Wausau, Wisconsin, it is possible that you may be entitled to worker’s compensation for your losses.
Fortunately, the Wisconsin worker’s comp laws provide some much-needed legal protection. At Gillick, Wicht, Gillick & Graf, our Wausau worker’s compensation attorneys can help you make sure that your claim is accepted and appeal if it is not. Here are some key things to know about your rights:
1. **Most Employees in Wausau are Covered By Worker’s Comp:** An injury can occur at any time, regardless of your financial state. Several laws protect injured workers at the state and federal levels. Both private and public-sector employers are required to compensate injured workers. In fact, around 98 percent of workers statewide are covered. Yet many workers have their claims shorted or unfairly denied without the aid of an experienced attorney to negotiate on their behalf.
2. **You Can File for Benefits for Medical Coverage and Wage Replacement:** Wisconsin worker’s compensation laws protect the majority of workers in the state suffering from a wide variety of injuries and illnesses, including — but not limited to — injuries that cause temporary or permanent disability. Although nearly all workers in the state are eligible for benefits, many are unaware that these benefits are available to them. Notably, you should receive benefits for all medical care related to your workplace accident. Among other things, this includes emergency room bills, visits to the doctor, other medical costs, and rehabilitative care.
3. **A Worker’s Comp Claim is Not Based on Fault:** There is a high probability that your employer is responsible for covering most of the damages associated with a workplace injury. You are not required to prove “negligence” or “fault” in order to bring a successful worker’s comp claim. Under [Wisconsin’s Worker’s Compensation Act](https://dwd.wisconsin.gov/dwd/publications/wc/wkc-1-p.pdf), almost all employers must legally have insurance available in the event on-duty workers become injured. If you need to file a claim or have had a worker’s comp claim denied, our dedicated attorneys are ready to take your case so that you can focus on your rehabilitation.
4. **Unfair Denials Happen—Legal Representation is Available:** Sadly, some qualified applicants struggle to get their worker’s comp benefits. At Gillick, Wicht, Gillick & Graf, we understand that if you are suffering from a workplace injury, you may be concerned with how you will recover and pay for these unexpected expenses. It is our job as worker’s compensation attorneys to help you recover your losses through the various statutes that protect your rights. If your worker’s comp claim was denied, you can appeal. Our Wausau, WI worker’s comp appeal lawyers are standing by, ready to help you take action to get justice and the maximum available financial benefits.
## Why Work With the Wausau Worker’s Comp Lawyers at Gillick, Wicht, Gillick & Graf
Worker’s compensation claims are complex. It is easy to feel stressed and overwhelmed by the process. Do not suffer from a workplace injury without the compensation you deserve. At Gillick, Wicht, Gillick & Graf, it is our duty to represent you and protect your rights in worker’s compensation and employment law matters. Among other things, our Wausau, WI worker’s compensation lawyers are prepared to:
- Answer questions and explain the process during a free case evaluation.
- Handle all of the paperwork that you need to file to get benefits.
- Go as far as needed to maximize your financial support. This includes filing an appeal.
We know how to get results. Our dedicated team of worker’s comp attorneys in Wausau has helped injured workers receive what they are legally entitled to by law to cover lost wages, medical bills, and permanent partial disability. We have represented Wausau workers for over 65 years as the “injured worker’s law firm.” When you seek legal representation with us, you do not pay any legal fees until we win a just settlement for you! Call 414-257-2667 to begin the claims process today.
## Frequent Questions for Work Injury Lawyers in Wausau
You have a claim if you suffered a loss because of a job-related injury. This means that to get worker’s compensation, you have to show three things: [Read More](https://www.gillickwicht.com/FAQs.shtml)
## Get Help From a Wausau, WI Worker’s Comp Attorneys
At Gillick, Wicht, Gillick & Graf, our Wausau worker’s compensation lawyers are proud to provide the highest level of legal representation to our clients. Our legal team knows how to get workers justice. If you or your family member was hurt at work, we are more than ready to help. Call us now or [connect with one of our Wausau worker’s comp attorneys directly through our website](https://www.gillickwicht.com/Contact.shtml) to set up your free, strictly confidential consultation. We provide workers’ comp services throughout Marathon County, including in Wausau, Abbotsford, Marshfield, and Schofield.
---
### [Green Bay Worker's Compensation Attorney](https://www.gillickwicht.com/green-bay-workers-compensation-attorney.shtml)
**Published:** January 30, 2018
**Author:** admin
**Content:**
***Top-Rated Worker’s Comp Lawyers Serving Green Bay***
[Green Bay is famous as the home of the Packers](https://www.greenbay.com/). The Packers and their “cheeseheads” are one of the NFL’s most iconic franchises. The Packers are the only major American team that is owned by a large number of individual shareholders (350,000+) instead of one or more wealthy owners. As important as football is in Green Bay, the city is about a lot more than that. The economy is diverse. Other top employers in Green Bay include Humana, Bellin Health, the Oneida Nation of Wisconsin, and Schneider National.
Workers help to make Green Bay a strong and successful community. Unfortunately, workplace safety remains an issue in Green Bay. Just like it does in other places across Wisconsin. At Gillick, Wicht, Gillick & Graf, our Green Bay worker’s compensation lawyers are experienced, reliable advocates for injured workers. If you or someone you know was hurt on the job in Green Bay, please do not hesitate to contact us for a no-cost, no-obligation initial consultation.
## An Overview of the Wisconsin Worker’s Comp Laws
Worker’s compensation insurance laws are designed to ensure that the people who do so much to keep our community running have an option for compensation should an accident occur. Every U.S. state has some form of worker’s comp laws on the books. One such law is the [Wisconsin Worker’s Compensation Act](https://dwd.wisconsin.gov/dwd/publications/wc/wkc-1-p.pdf), which requires almost all employers to have insurance available in the event that their workers are injured on the job. Whether you are a part-time or full-time employee, you are protected by the law when you are hurt in the workplace. Here are six things to know about the worker’s comp regulations in Wisconsin:
1. **The Vast Majority of Employees Have Worker’s Comp Coverage:** Both private and public-sector employers are required by law to compensate their employees when they have been injured at work. The grand majority of workers in Wisconsin are eligible to receive benefits, yet many do not realize it. If you are currently suffering from a workplace injury, you may understandably be worried about how you will recover and pay for the unexpected expenses associated with medical debt and lost wages. In the vast majority of workplace injury cases in Green Bay, you can recover your losses through the laws that protect you as an employee. Do not assume that you are ineligible to file for worker’s compensation benefits in Green Bay. You do not have to be a full-time employee to get benefits. If you work for a company that has at least 3 total employees or you were paid at least $500 last quarter, you likely are entitled to worker’s compensation insurance coverage in Wisconsin.
2. **A Wide Range of Injuries/Medical Conditions are Covered (Must Be Job-Related):** Tens of thousands of workers in Wisconsin are hurt on the job every year. It would be a major mistake to assume that these accidents only happen in traditionally “dangerous” environments. Quite the contrary, An injury can occur at any time in virtually any type of workplace. Several types of injuries are covered by workers’ compensation, including acute injuries, certain mental disorders, illnesses, and occupational diseases. If you have any questions about whether or not your injury/medical condition is covered, call a Green Bay, WI worker’s comp lawyer for immediate assistance. As long as your injury occurred in relation to your job, even if it did not actually happen on your employer’s premises, you can file for worker’s compensation benefits.
3. **You Can Only File for Benefits If You See a Doctor:** You cannot obtain worker’s comp benefits simply because you self-certify that you were injured or made ill while on the job. Instead, you must have comprehensive medical documentation that establishes the existence and severity of your injuries. In effect, this means that you must seek professional medical care in order to be eligible to file a worker’s compensation claim in Green Bay. If you do not see a doctor, you will not be able to get the full and fair benefits that are due to you under Wisconsin law.
4. **You Do Not Have to Prove Fault By an Employer:** An employer’s worker’s comp insurance policy is liable for your injuries even if they were not actually “at fault” for your accident. In a standard personal injury lawsuit, an injured victim must prove that the defendant’s negligence contributed to their accident. This is simply not how the process goes in a workers’ compensation case. Fault is usually not a relevant factor. Worker’s comp insurance in Green Bay, WI is no-fault coverage. The policy can be held responsible for paying benefits regardless of the employer’s fault, or lack thereof.
5. **Worker’s Comp Benefits Will Help to Support Your Family:** Several benefits are available to employees who suffer injuries or illnesses sustained from performing job-related duties. The benefits you may receive are calculated based on the severity of the injury or illness you suffered, particularly if the injury resulted in temporary or permanent disability. Some key workers’ compensation benefits may include temporary total disability, permanent partial disability, physical therapy, medical tests, prescription medications, doctor’s visits, and hospitalization. Speak with an experienced attorney today to learn about the protections available to you to help you overcome the obstacles you are facing at this difficult time.
6. **You Can Hire an Attorney for Guidance With the Claims Process:** Our Green Bay worker’s compensation if you have been injured on the job in Green Bay, Wisconsin. You may be entitled to worker’s compensation for your injuries and losses. State laws protect employees who are injured on the job. You may benefit from the counsel of an experienced Green Bay worker’s compensation attorney to help you understand your options during this distressing time. At Gillick, Wicht, Gillick & Graf, our team of attorneys who focus on worker’s compensation and employment law matters have helped injured employees receive what they are entitled to by law to cover medical bills, lost wages, and permanent partial disability.
## What to Do If Your Worker’s Comp Claim is Denied in Green Bay
After a serious work-related accident, you need financial relief. Finding out that your work injury claim was denied in Green Bay can put a lot of pressure on your family. As difficult as this can be to deal with, there is some good news. That would be, you have the right to appeal a workers’ comp denial in Green Bay. Here are the key steps that you need to take to protect your rights after finding out that your claim was rejected by the employer or your insurance company:
1. **Review the Worker’s Comp Denial:** Under Wisconsin law, you are entitled to receive a written denial letter if your worker’s comp application is rejected. Make sure you carefully review this letter. It should explain the reasoning for the denial.
2. **Call a Green Bay Work Injury Lawyer:** Professional help is available for your workers’ comp appeal. It is best to consult with a Green Bay worker’s compensation appeal lawyer as early in the process as possible.
3. **File an Initial Appeal:** Finally, you will need to file the worker’s comp appeal itself. This should always be done in a timely manner with all supporting evidence included with the appeal. A Green Bay worker’s compensation lawyer can represent you in a hearing before an administrative law judge.
## How Our Green Bay Worker’s Comp Lawyers Can Help
Worker’s compensation claims are complex legal cases. It is easy to get overwhelmed by the process. This is especially true when you need to be focusing your energy on your recovery. At Gillick, Wicht, Gillick & Graf, we are here to make sure that your rights are fully protected. You need money to pay your bills and support your family. When you reach out to our firm, you will have a chance to speak to a Green Bay, WI worker’s compensation lawyer who will:
- Answer your questions and explain your options during a free case review.
- Handle all of the Wisconsin worker’s compensation claims paperwork.
- Do whatever is needed to maximize your benefits. This includes filing an appeal.
For over 65 years, the knowledgeable and compassionate Green Bay worker’s compensation lawyers at Gillick, Wicht, Gillick & Graf have protected the rights of injured workers throughout Wisconsin. We are proud to represent Wisconsin’s injured workforce and have been “the injured worker’s law firm” since 1948. When you seek legal representation from Gillick, Wicht, Gillick & Graf, you do not pay any legal fees until we win money for you! Call 414-257-2667 to start the process today.
## Frequent Questions
You have a claim if you suffered a loss because of a job-related injury. This means that to get worker’s compensation, you have to show three things: [Read More](https://www.gillickwicht.com/FAQs.shtml)
## Contact Our Green Bay, WI Worker’s Comp Attorneys Today
At Gillick, Wicht, Gillick & Graf, our Green Bay worker’s compensation lawyers are strong, aggressive advocates for injured workers. If you or your loved one suffered an injury, illness, or other medical impairment on the job, we can help. Call us now or [connect with the Green Bay worker’s compensation attorneys through our website](https://www.gillickwicht.com/Contact.shtml) for a free review of your case. Our law firm represents injured workers throughout Brown County, including in Green Bay. De Pere, Allouez, Ashwaubenon, Bellevue. Howard, Pulaski, and Wrightstown.
---
### [Appleton Worker's Compensation Attorneys](https://www.gillickwicht.com/about/appleton-workers-compensation-attorney.shtml)
**Published:** January 30, 2018
**Author:** admin
**Content:**
***Worker’s Compensation Lawyers Representing Appleton Workers***
One of the “Fox Cities”, [Appleton is located in the heart of the Fox River Valley](https://www.gillickwicht.com/about/appleton-workers-compensation-attorney.shtml). It is the primary city in the third-largest metropolitan area in Wisconsin, behind only Milwaukee and Madison. Notable attractions in Appleton include Hearthstone House, the History Museum at the Castle, and the Paper Discovery Center. The city has a diverse economy, with some of the largest employers being St. Elizabeth Hospital/Ascension Health, Thrivent Financial, Miller Electric, and Appvion, Inc. Workers make up the backbone of the economy in Appleton.
Unfortunately, workplace injuries are more common in Appleton than many may think. They have the potential to require extensive medical care, keeping you out of work while everyday expenses must still be paid. At Gillick, Wicht, Gillick & Graf, our Appleton worker’s compensation attorneys can assist you in getting the compensation you deserve when you are injured on the job. If you or your loved one was hurt on the job in Appleton, please do not hesitate to contact the attorneys at Gillick, Wicht, Gillick & Graf for a free, no-obligation consultation. We will protect your rights.
## An Overview of the Wisconsin Worker’s Compensation Regulations
Were you injured while on the job in Appleton, Wisconsin? If so, it is imperative that you know your rights and responsibilities under the law. State worker’s compensation laws protect workers who are injured or contract an illness on the job. These laws ensure that you receive benefits for injuries sustained on the job. This coverage is available to a vast majority of Wisconsin workers who work across many industries. Here is an overview of the key things to understand about worker’s comp claims in Appleton, WI:
1. **Most Employees are Covered By Worker’s Comp:** You should not be left responsible for the financial burden that comes as a result of obtaining a work-related injury or have to worry if you can return to work. The Worker’s Compensation Act covers individuals in the public and private sector who may work full or part-time. For reference, the worker’s compensation law protects over 98% of Appleton workers. Almost all employers are required to provide no-fault worker’s comp benefits for their staff. If your employer fails to obtain the proper workers’ comp insurance coverage, you have options available to get your benefits. An experienced Appleton, WI worker’s comp lawyer can help you maximize your financial recovery.
2. **Many Types of Injuries/Impairments are Covered (Must Be Work-Related):** Injured workers may receive compensation for physical ailments such as carpal tunnel syndrome, or more serious injuries like traumatic brain injuries… On-the-job accidents can happen for a wide range of different reasons. For example, Toxic exposure, falling objects, and equipment malfunctions have all led to successful worker’s compensation claims. These occurrences have resulted in head injuries, contaminations, neck injuries, allergic reactions, broken bones, and much more. The only thing that must be true is that the injuries arise from the work. Notably, this does not mean that an injury had to happen on an employer’s premises. As long as you were “on the job” when the incident occurred, you can seek workers’ compensation benefits.
3. **Negligence (Fault) is Not a Required Element in a Worker’s Comp Claim:** The Wisconsin worker’s compensation insurance system is an alternative to the traditional personal injury claims process. It is an exclusive remedy. This means that employees usually cannot file a personal injury lawsuit against their employer. One of the key differences between the two types of claims is that fault is not a factor in a Wisconsin worker’s comp claim. You can recover benefits even if you cannot improve that your employer did something negligent, unsafe, or otherwise wrongful. As long as your injury occurred in the course and scope of your employment, you are eligible for coverage.
4. **You Can Get Benefits for Medical Care and Wage Replacement:** As a starting point, worker’s comp benefits provide coverage for all medical care that is deemed reasonably related to the underlying accident. You should not be required to pay any out-of-pocket medical bills if you have a viable worker’s comp claim. Emergency expenses are covered, as are other medical bills and rehabilitative care costs. Next, worker’s comp in Wisconsin provides wage replacement benefits for people who had to miss time on the job in order to recover from the injury/illness. Your weekly workers’ comp benefits are based, in large part, on your pre-injury earnings. Coverage is also available for partial and total disability for temporary and permanent injuries in the form of disability payments. If you suffered a permanent impairment, it is crucial that you consult with an Appleton workers’ comp lawyer. Your attorney will ensure that you get the maximum possible financial settlement.
5. **A Worker’s Comp Denial Can Be Appealed in Appleton:** Sadly, it is not always easy for people to get their full and fair workers’ comp benefits. Businesses have a history of denying worker’s compensation claims to avoid compensating the injured worker. This situation serves as grounds to seek the legal counsel of an experienced worker’s compensation attorney. Our Appleton worker’s compensation attorneys from Gillick, Wicht, Gillick & Graf can provide you with the representation you need to retrieve the compensation you deserve. With deep experience advocating for the rights of workers in appeals, we are more than ready to get you justice and accountability.
## What to Do If Your Worker’s Compensation Benefits are Denied in Appleton
If your worker’s comp claim was rejected in Appleton, it is normal to feel frustrated. An unfair workers’ compensation denial can put a tremendous amount of stress and strain on your family. It can pose a true financial hardship. You need to know how to get the right steps to effectively appeal the denial. Here are four things that should be ready to do if your worker’s comp claim is turned down by your employer or the insurance company in Appleton:
1. **Read and Review the Denial Letter:** Pursuant to Wisconsin law, injured workers are entitled to get a written denial letter if their worker’s comp claim is rejected. Within that denial letter should be some key details about your case. This would include why the claim was denied and what you need to do to appeal.
2. **Speak to an Appleton Worker’s Comp Appeal Lawyer:** Worker’s comp appeals are extremely complex. Do not go up against employers/insurance companies all alone. You need an aggressive, effective advocate on your side. Consult with an experienced Appleton, WI worker’s comp lawyer as soon as possible after getting a denial.
3. **File the Appeal in a Time Manner:** An appeal must be filed in a timely manner. If you wait too long to appeal, you could miss out on your opportunity to take action. You will need to request a hearing before an administrative law judge. A lawyer can represent you during this hearing.
4. **Be Ready to Take Additional Action:** Even the administrative law judge in your case fails to rule in your favor on appeal, you have additional options available. You have the right to file an appeal to the [Wisconsin Labor & Industry Review Commission](https://lirc.wisconsin.gov/) (LIRC). An attorney in Appleton can help.
## You Can Rely On the Appleton Worker’s Comp Lawyers at Gillick, Wicht, Gillick & Graf
Following a serious accident on the job, you need financial compensation to cover medical bills and support your family. Sadly, employers and insurers do not always make the process easy. At Gillick, Wicht, Gillick & Graf, we are here to guide you through every step of the way—ensuring that your rights and interests are protected. Among other things, our Appleton, WI worker’s compensation attorneys will:
- Conduct a no-cost, no-obligation review and evaluation of your case.
- Answer your most important questions and explain your rights.
- Handle all of the workers’ comp claims paperwork—building a strong claim.
- Take aggressive action to make sure you receive the full financial benefits you deserve.
Our Appleton worker’s compensation attorneys from Gillick, Wicht, Gillick & Graf will fight to recover the compensation you need. As the injured worker’s attorneys, we have represented injured Wisconsin workers for over 65 years and have recovered Social Security Insurance for various disabilities and injuries. Contact us today at 414-257-2667 for a free case evaluation. You don’t pay us a dime until we win your case.
## Frequent Questions for Appleton Worker’s Compensation Attorneys
You have a claim if you suffered a loss because of a job-related injury. This means that to get worker’s compensation, you have to show three things: [Read More](https://www.gillickwicht.com/FAQs.shtml)
## Contact Our Appleton, WI Worker’s Comp Attorneys Today
At Gillick, Wicht, Gillick & Graf, our Appleton worker’s compensation lawyers have the skills, knowledge, and experience that you can count on for results. We know how to hold employers, insurers, and claims administrators accountable for treating our clients fairly. You are not alone in the claims process.
If you or someone you know was hurt on the job, the [Appleton worker’s compensation lawyers](https://www.gillickwicht.com/Contact.shtml) at Gillick, Wicht, Gillick & Graf are ready to get started on your case. Call us now or connect with us online for your no-cost, no-obligation case review. We represent injured workers in Appleton and throughout the surrounding communities, including in Outagamie, Calumet, and Winnebago counties.
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### [Toxic Exposure](https://www.gillickwicht.com/workers-compensation/toxic-exposure.shtml)
**Published:** January 31, 2018
**Author:** admin
**Content:**
Toxic exposure is a daily concern in some industries. Certain jobs present dangers that workers may or may not be aware of. Even if those workers are aware of the toxicity of items or hazardous material that they may be exposed to, there is always a possibility that they may contract an illness even after taking all the necessary precautions.
Those most vulnerable to these dangers are individuals working in areas that use solvents or chemicals like manganese or benzene. Exposure to paints and exhaust that emit toxic particles or mercury can also be a problem that can lead to a chronic or debilitating illness. In the most severe cases, the individual can even contract a deadly disease.
Even those working within the perceived safety of an office can find themselves falling victim to such dangers. This can occur due to a poorly ventilated office space or the employer failing to address clear and present threats. In either instance, the afflicted worker has the right to receive worker’s compensation for their work-related illness.
## Asbestos Exposure in the Workplace
One of the most notable dangers for all workers is the presence of asbestos, which can lead to devastating diseases like [mesothelioma](https://www.asbestos.com/mesothelioma/#:~:text=Mesothelioma%20is%20a%20malignant%20tumor,approximately%2012%20months%20after%20diagnosis.). Welders tend to be particularly vulnerable to asbestos exposure, which can cause brain damage, mobility concerns, and the onset of depression.
The scope of the problems connected to asbestos is apparent with as many as 11 million people exposed to it over the course of four decades until it was banned. The belief is that a minimum of 220,000 people have or will develop mesothelioma, with some estimates pushing the amount to over one million people.
## Worker’s Compensation in Wisconsin
Gillick, Wick, Gillick & Graf fully understands all of these issues, having extensive experience in representing injured Wisconsin workers for over 73 years. Through aggressive legal representation, we will work diligently to help you obtain the justice you deserve. Contact us today at 414-257-2667 for your free case evaluation. You don’t pay a penny until we win your case.
## Related Topics
- - - [What Should I Expect From The Worker’s Compensation Process?](https://www.gillickwicht.com/Workers-Compensation/What-Should-I-Expect-From-The-Workers-Compensation-Process.shtml)
- [What If My Worker’s Comp Claim Is Denied?](https://www.gillickwicht.com/Workers-Compensation/What-If-My-Workers-Comp-Claim-Is-Denied.shtml)
- [Can I Be Compensated For A Traumatic Workplace Injury?](https://www.gillickwicht.com/Workers-Compensation/Can-I-Be-Compensated-For-A-Traumatic-Workplace-Injury.shtml)
- [Can I Be Compensated For Repetitive Stress Injuries?](https://www.gillickwicht.com/Workers-Compensation/Can-I-Be-Compensated-For-Repetitive-Stress-Injuries.shtml)
- [What If I Am Permanently Disabled?](https://www.gillickwicht.com/Workers-Compensation/What-If-I-Am-Permanently-Disabled.shtml)
- [What Does Worker’s Compensation Pay?](https://www.gillickwicht.com/workers-compensation/what-does-workers-compensation-pay.shtml "What Does Worker’s Compensation Pay?")
- [Worker’s Compensation Wage Schedule](https://www.gillickwicht.com/workers-compensation/workers-compensation-wage-schedule.shtml "Worker’s Compensation Wage Schedule")
- [Permanent Partial Disability Schedule](https://www.gillickwicht.com/workers-compensation/permanent-partial-disability-schedule.shtml "Permanent Partial Disability Schedule")
- [Construction Site Accidents](https://www.gillickwicht.com/workers-compensation/construction-site-accidents.shtml "Construction Site Accidents")
- [Independent Medical Examinations](https://www.gillickwicht.com/Workers-Compensation/Independent-Medical-Examinations.shtml)
- [Workplace Illnesses](https://www.gillickwicht.com/workers-compensation/ilnnesses-in-the-workplace.shtml "Workplace Illnesses")
- [Common Job Site Accidents](https://www.gillickwicht.com/workers-compensation/common-job-site-accidents.shtml "Common Job Site Accidents")
- [Trucking and Professional Driver Injuries](https://www.gillickwicht.com/workers-compensation/trucking-and-professional-driver-injuries.shtml "Trucking and Professional Driver Injuries")
- [Worker’s Compensation Appeals](https://www.gillickwicht.com/workers-compensation/workers-compensation-appeals.shtml "Worker’s Compensation Appeals")
- [Preparing for an Independent Medical Exam](https://www.gillickwicht.com/Workers-Compensation/Preparing-for-an-Independent-Medical-Exam.shtml)
- [Vocational Rehabilitation](https://www.gillickwicht.com/workers-compensation/vocational-rehabilitation.shtml "Vocational Rehabilitation")
- [Toxic Exposure](https://www.gillickwicht.com/workers-compensation/toxic-exposure.shtml "Toxic Exposure")
- [Filing a Worker’s Compensation Claim](https://www.gillickwicht.com/workers-compensation "Filing a Worker’s Compensation Claim")
- [Scaffolding Accident](https://www.gillickwicht.com/Workers-Compensation/Scaffolding-Accident.shtml "Scaffolding Accident")
- [Legal Options for Construction Worker Injuries](https://www.gillickwicht.com/Workers-Compensation/Legal-Options-for-Construction-Worker-Injuries.shtml "Legal Options for Construction Worker Injuries")
## Frequent Questions
You have a claim if you suffered a loss because of a job-related injury. This means that to get worker’s compensation, you have to show three things:
[Read More ](https://www.gillickwicht.com/faqs.shtml)
---
### [Vocational Rehabilitation](https://www.gillickwicht.com/workers-compensation/vocational-rehabilitation.shtml)
**Published:** January 31, 2018
**Author:** admin
**Content:**
Vocational rehabilitation is crucial for returning to the workforce if you can’t perform your original job due to injury. When you suffer an injury on the job, you expect to be out of work for some time but to eventually return to your position and work duties. This is not always the case. There are many instances when the injuries suffered are debilitating enough to limit your ability to perform the tasks your position requires. That’s when vocational rehabilitation comes into play.
Vocational rehabilitation provides employment options and retraining for injured workers. There are several employment options available depending on the severity of your injuries and how they affect your ability to perform job duties. These include:
- Returning to work in the same position at the same company
- Returning to work in a new position at the same company
- Working with a new employer in a new position
## Determining Vocational Rehabilitation
The need for vocational rehabilitation is typically determined as a part of the evaluation after you [apply for worker’s compensation benefits](https://www.gillickwicht.com/workers-compensation "Worker’s Compensation"). A qualified rehabilitation consultant or QRC will evaluate your mental state, personality, physical ability, skills, and all other factors that can help determine your future employment. After the QRC collects the necessary information, he or she can then tailor a plan that meets your mental and physical needs as well as your ability to work.
Vocational rehabilitation includes:
- **Job Matching and Placement:** Finding the most appropriate and accommodating position
- **Vocational Counseling:** Consulting about the overarching plan for employment
- **New Technology:** Determining how to use technology to best assist the injured worker
- **Retraining:** Selecting the most appropriate field of work and preparing for it
Having adequate training and placement in place is essential after suffering a work-related injury; it can be the difference between being employed and productive or unemployed and inundated with unaffordable bills.
Allow a Milwaukee worker’s compensation attorney with Gillick, Wicht, Gillick & Graf to be your legal ally. We can use our extensive knowledge to inspect worker’s compensation cases to ensure that all is in place to accommodate you during this troubling time. We have 65 years of experience and will use it to protect your best interests every step of the way. Contact us today at 414-257-2667 for a free case evaluation.
## Related Topics
- - - - [What Should I Expect From The Worker’s Compensation Process?](https://www.gillickwicht.com/Workers-Compensation/What-Should-I-Expect-From-The-Workers-Compensation-Process.shtml)
- [What If My Worker’s Comp Claim Is Denied?](https://www.gillickwicht.com/Workers-Compensation/What-If-My-Workers-Comp-Claim-Is-Denied.shtml)
- [Can I Be Compensated For A Traumatic Workplace Injury?](https://www.gillickwicht.com/Workers-Compensation/Can-I-Be-Compensated-For-A-Traumatic-Workplace-Injury.shtml)
- [Can I Be Compensated For Repetitive Stress Injuries?](https://www.gillickwicht.com/Workers-Compensation/Can-I-Be-Compensated-For-Repetitive-Stress-Injuries.shtml)
- [What If I Am Permanently Disabled?](https://www.gillickwicht.com/Workers-Compensation/What-If-I-Am-Permanently-Disabled.shtml)
- [What Does Worker’s Compensation Pay?](https://www.gillickwicht.com/workers-compensation/what-does-workers-compensation-pay.shtml "What Does Worker’s Compensation Pay?")
- [Worker’s Compensation Wage Schedule](https://www.gillickwicht.com/workers-compensation/workers-compensation-wage-schedule.shtml "Worker’s Compensation Wage Schedule")
- [Permanent Partial Disability Schedule](https://www.gillickwicht.com/workers-compensation/permanent-partial-disability-schedule.shtml "Permanent Partial Disability Schedule")
- [Construction Site Accidents](https://www.gillickwicht.com/workers-compensation/construction-site-accidents.shtml "Construction Site Accidents")
- [Independent Medical Examinations](https://www.gillickwicht.com/Workers-Compensation/Independent-Medical-Examinations.shtml)
- [Workplace Illnesses](https://www.gillickwicht.com/workers-compensation/ilnnesses-in-the-workplace.shtml "Workplace Illnesses")
- [Common Job Site Accidents](https://www.gillickwicht.com/workers-compensation/common-job-site-accidents.shtml "Common Job Site Accidents")
- [Trucking and Professional Driver Injuries](https://www.gillickwicht.com/workers-compensation/trucking-and-professional-driver-injuries.shtml "Trucking and Professional Driver Injuries")
- [Worker’s Compensation Appeals](https://www.gillickwicht.com/workers-compensation/workers-compensation-appeals.shtml "Worker’s Compensation Appeals")
- [Preparing for an Independent Medical Exam](https://www.gillickwicht.com/Workers-Compensation/Preparing-for-an-Independent-Medical-Exam.shtml)
- [Vocational Rehabilitation](https://www.gillickwicht.com/workers-compensation/vocational-rehabilitation.shtml "Vocational Rehabilitation")
- [Toxic Exposure](https://www.gillickwicht.com/workers-compensation/toxic-exposure.shtml "Toxic Exposure")
- [Filing a Worker’s Compensation Claim](https://www.gillickwicht.com/workers-compensation "Filing a Worker’s Compensation Claim")
- [Scaffolding Accident](https://www.gillickwicht.com/Workers-Compensation/Scaffolding-Accident.shtml "Scaffolding Accident")
- [Legal Options for Construction Worker Injuries](https://www.gillickwicht.com/Workers-Compensation/Legal-Options-for-Construction-Worker-Injuries.shtml "Legal Options for Construction Worker Injuries")
## Frequent Questions
You have a claim if you suffered a loss because of a job-related injury. This means that to get worker’s compensation, you have to show three things:
[Read More ](https://www.gillickwicht.com/faqs.shtml)
---
### [Preparing for an Independent Medical Exam](https://www.gillickwicht.com/workers-compensation/preparing-for-an-independent-medical-exam.shtml)
**Published:** January 31, 2018
**Author:** admin
**Content:**
Were you asked to submit to an independent medical exam after suffering a work-related injury? For many injured workers, this is a foreign experience. With our help, you can go into the doctor’s office prepared for what you may face. Here are some essential tips to help you when it is time for the independent medical exam.
## Bring Someone with You and Take Notes
Bringing a second pair of eyes to your independent medical exam can provide a crucial benefit. Your acquaintance becomes a witness who can give credence to your side of the summary of the visit. While you are there, you should take detailed notes. Be sure to mark:
- Your time of arrival
- The amount of time you waited
- The length of the interaction between the doctor and yourself
- What time you leave
Having this information makes it more difficult for the other party’s attorney to claim that you were not paying attention, which would work in their favor.
## Answer Questions Honestly
If the doctor asks you questions make sure to answer them honestly. Do not, however, offer information that is not asked for. Even if it seems as if the doctor is working for the defense attorney or insurance company, you should always be courteous and cooperative. Having a bad attitude may make it easier to damage your case.
A [Milwaukee worker’s compensation attorney](https://www.gillickwicht.com/workers-compensation/what-should-i-expect-from-the-workers-compensation-process.shtml "Milwaukee worker’s compensation attorney") with Gillick, Wicht, Gillick & Graf can be your legal ally throughout the claims and examination process. We have over 65 years of experience representing the injured worker and will fight to ensure that your rights are protected at each turn. Contact us today at 414-257-2667 for a free case evaluation.
## Related Topics
- - - [What Should I Expect From The Worker’s Compensation Process?](https://www.gillickwicht.com/Workers-Compensation/What-Should-I-Expect-From-The-Workers-Compensation-Process.shtml)
- [What If My Worker’s Comp Claim Is Denied?](https://www.gillickwicht.com/Workers-Compensation/What-If-My-Workers-Comp-Claim-Is-Denied.shtml)
- [Can I Be Compensated For A Traumatic Workplace Injury?](https://www.gillickwicht.com/Workers-Compensation/Can-I-Be-Compensated-For-A-Traumatic-Workplace-Injury.shtml)
- [Can I Be Compensated For Repetitive Stress Injuries?](https://www.gillickwicht.com/Workers-Compensation/Can-I-Be-Compensated-For-Repetitive-Stress-Injuries.shtml)
- [What If I Am Permanently Disabled?](https://www.gillickwicht.com/Workers-Compensation/What-If-I-Am-Permanently-Disabled.shtml)
- [What Does Worker’s Compensation Pay?](https://www.gillickwicht.com/workers-compensation/what-does-workers-compensation-pay.shtml "What Does Worker’s Compensation Pay?")
- [Worker’s Compensation Wage Schedule](https://www.gillickwicht.com/workers-compensation/workers-compensation-wage-schedule.shtml "Worker’s Compensation Wage Schedule")
- [Permanent Partial Disability Schedule](https://www.gillickwicht.com/workers-compensation/permanent-partial-disability-schedule.shtml "Permanent Partial Disability Schedule")
- [Construction Site Accidents](https://www.gillickwicht.com/workers-compensation/construction-site-accidents.shtml "Construction Site Accidents")
- [Independent Medical Examinations](https://www.gillickwicht.com/Workers-Compensation/Independent-Medical-Examinations.shtml)
- [Workplace Illnesses](https://www.gillickwicht.com/workers-compensation/ilnnesses-in-the-workplace.shtml "Workplace Illnesses")
- [Common Job Site Accidents](https://www.gillickwicht.com/workers-compensation/common-job-site-accidents.shtml "Common Job Site Accidents")
- [Trucking and Professional Driver Injuries](https://www.gillickwicht.com/workers-compensation/trucking-and-professional-driver-injuries.shtml "Trucking and Professional Driver Injuries")
- [Worker’s Compensation Appeals](https://www.gillickwicht.com/workers-compensation/workers-compensation-appeals.shtml "Worker’s Compensation Appeals")
- [Preparing for an Independent Medical Exam](https://www.gillickwicht.com/Workers-Compensation/Preparing-for-an-Independent-Medical-Exam.shtml)
- [Vocational Rehabilitation](https://www.gillickwicht.com/workers-compensation/vocational-rehabilitation.shtml "Vocational Rehabilitation")
- [Toxic Exposure](https://www.gillickwicht.com/workers-compensation/toxic-exposure.shtml "Toxic Exposure")
- [Filing a Worker’s Compensation Claim](https://www.gillickwicht.com/workers-compensation "Filing a Worker’s Compensation Claim")
- [Scaffolding Accident](https://www.gillickwicht.com/Workers-Compensation/Scaffolding-Accident.shtml "Scaffolding Accident")
- [Legal Options for Construction Worker Injuries](https://www.gillickwicht.com/Workers-Compensation/Legal-Options-for-Construction-Worker-Injuries.shtml "Legal Options for Construction Worker Injuries")
## Frequent Questions
You have a claim if you suffered a loss because of a job-related injury. This means that to get worker’s compensation, you have to show three things:
[Read More ](https://www.gillickwicht.com/faqs.shtml)
---
### [Worker's Compensation Appeals](https://www.gillickwicht.com/workers-compensation/workers-compensation-appeals.shtml)
**Published:** January 31, 2018
**Author:** admin
**Content:**
Worker’s compensation appeals are sometimes needed if one’s claim is denied. Worker’s compensation is a form of insurance utilized by businesses to cover any damages that come as a result of suffering a work-related injury. This insurance provides the employee with particular benefits that include medical fees and other expenses that are a direct result of the sustained injury. When an injured worker files for worker’s compensation, there is always a chance that the claim will be denied. When this happens, the worker has the right to file a worker’s compensation appeal.
## Reasons for Denial
While worker’s compensation is available for a broad range of employees, the employer can deny a worker’s compensation claim. A few reasons why an application may be rejected include:
- The injury did not occur while performing job duties
- The injury came as a result of a preexisting condition
- Disputes over the cause of the injury
- When and where the injury was sustained is being disputed
- Whether any injuries were sustained is being disputed
An employee who believes that the denial of benefits is unjust has the right to appeal the decision.
## How to Appeal
When a Wisconsin worker receives a worker’s compensation denial, it will come as a written notice from the workers’ compensation insurance carrier or employer. Within the notice will be how you can go about appealing the decision. During the initial appeal, the injured worker must:
- Request a hearing from Worker’s Compensation Division of the Wisconsin Department of Workplace Development ([may be claimed online](http://dwd.wisconsin.gov/wc/about_us/formsorder.htm))
- The Division will assign your case to an Administrative Law Judge
- A hearing will be held about the denied claim
- Medical evidence must be provided to support the claim
This process may become more complicated than necessary if the worker chooses to appeal the decision without legal representation.
## How A Worker’s Compensation Attorney Can Help
Appeal proceedings require extensive knowledge of procedures and evidence. If certain evidence is not provided at the start of the appeals process, there is a high possibility that it will be denied introduction later. Such small ramifications can be avoided with adequate legal representation.
A [Milwaukee worker’s compensation attorney](https://www.gillickwicht.com/workers-compensation "Milwaukee worker’s compensation attorney") from Gillick, Wicht, Gillick & Graf can help you throughout the appeals process and see to it that you are accurately compensated for your work-related injury.
We have represented the injured worker for over 65 years and have also recovered Social Security Disability Insurance for various injuries and disabilities. We are here to help you through this tough time by aggressively seeking the compensation you deserve. [Contact us](https://www.gillickwicht.com/Contact.shtml) today at 414-257-2667 to speak with an experienced Wisconsin worker’s compensation attorney. You don’t pay us anything until we win your case.
## Related Topics
- - - - [What Should I Expect From The Worker’s Compensation Process?](https://www.gillickwicht.com/Workers-Compensation/What-Should-I-Expect-From-The-Workers-Compensation-Process.shtml)
- [What If My Worker’s Comp Claim Is Denied?](https://www.gillickwicht.com/Workers-Compensation/What-If-My-Workers-Comp-Claim-Is-Denied.shtml)
- [Can I Be Compensated For A Traumatic Workplace Injury?](https://www.gillickwicht.com/Workers-Compensation/Can-I-Be-Compensated-For-A-Traumatic-Workplace-Injury.shtml)
- [Can I Be Compensated For Repetitive Stress Injuries?](https://www.gillickwicht.com/Workers-Compensation/Can-I-Be-Compensated-For-Repetitive-Stress-Injuries.shtml)
- [What If I Am Permanently Disabled?](https://www.gillickwicht.com/Workers-Compensation/What-If-I-Am-Permanently-Disabled.shtml)
- [What Does Worker’s Compensation Pay?](https://www.gillickwicht.com/workers-compensation/what-does-workers-compensation-pay.shtml "What Does Worker’s Compensation Pay?")
- [Worker’s Compensation Wage Schedule](https://www.gillickwicht.com/workers-compensation/workers-compensation-wage-schedule.shtml "Worker’s Compensation Wage Schedule")
- [Permanent Partial Disability Schedule](https://www.gillickwicht.com/workers-compensation/permanent-partial-disability-schedule.shtml "Permanent Partial Disability Schedule")
- [Construction Site Accidents](https://www.gillickwicht.com/workers-compensation/construction-site-accidents.shtml "Construction Site Accidents")
- [Independent Medical Examinations](https://www.gillickwicht.com/Workers-Compensation/Independent-Medical-Examinations.shtml)
- [Workplace Illnesses](https://www.gillickwicht.com/workers-compensation/ilnnesses-in-the-workplace.shtml "Workplace Illnesses")
- [Common Job Site Accidents](https://www.gillickwicht.com/workers-compensation/common-job-site-accidents.shtml "Common Job Site Accidents")
- [Trucking and Professional Driver Injuries](https://www.gillickwicht.com/workers-compensation/trucking-and-professional-driver-injuries.shtml "Trucking and Professional Driver Injuries")
- [Worker’s Compensation Appeals](https://www.gillickwicht.com/workers-compensation/workers-compensation-appeals.shtml "Worker’s Compensation Appeals")
- [Preparing for an Independent Medical Exam](https://www.gillickwicht.com/Workers-Compensation/Preparing-for-an-Independent-Medical-Exam.shtml)
- [Vocational Rehabilitation](https://www.gillickwicht.com/workers-compensation/vocational-rehabilitation.shtml "Vocational Rehabilitation")
- [Toxic Exposure](https://www.gillickwicht.com/workers-compensation/toxic-exposure.shtml "Toxic Exposure")
- [Filing a Worker’s Compensation Claim](https://www.gillickwicht.com/workers-compensation "Filing a Worker’s Compensation Claim")
- [Scaffolding Accident](https://www.gillickwicht.com/Workers-Compensation/Scaffolding-Accident.shtml "Scaffolding Accident")
- [Legal Options for Construction Worker Injuries](https://www.gillickwicht.com/Workers-Compensation/Legal-Options-for-Construction-Worker-Injuries.shtml "Legal Options for Construction Worker Injuries")
## Frequent Questions
You have a claim if you suffered a loss because of a job-related injury. This means that to get worker’s compensation, you have to show three things:
[Read More ](https://www.gillickwicht.com/faqs.shtml)
---
### [Trucking and Professional Driver Injuries](https://www.gillickwicht.com/workers-compensation/trucking-and-professional-driver-injuries.shtml)
**Published:** January 31, 2018
**Author:** admin
**Content:**
Professional driver injuries are more common than most people think. Truckers and others in the professional driver industry are a much-needed asset to the workforce. Whether you are a professional driver transporting individuals around the city or a trucker delivering goods across the country, the work you do is crucial to the economy. As someone who drives professionally, you [spend more time on the road](http://www.jobs.net/Article/CB-110-Talent-Network-Transpt-Logistics-8-Facts-About-the-Truck-Driver-Way-of-Life/#:~:text=You%20may%20be%20expected%20to,11%20hours%20in%20a%20day.) than any other working American. This increases the risk that you will be involved in a vehicular accident on the job. If this were to happen, you’d expect the company you’ve provided services for to accurately compensate you for your work-related injuries; however, this is not always the case.
There are many instances where a business will deny your worker’s compensation claim and not fully compensate you for your losses. This is when you need to seek the counsel of a [Milwaukee worker’s compensation attorney](https://www.gillickwicht.com/workers-compensation "Milwaukee worker’s compensation attorney"). Our experienced team of lawyers will work tirelessly to help you receive maximum compensation for your losses.
## Trucker and Professional Driver Accidents
As a trucker or professional driver, you may be well-versed with navigating roadways, but you have no control over other drivers. Reckless driving by a third party can result in you being involved in a car or truck accident. This may lead to you suffering severe injuries.
Worker’s compensation laws are in place to protect the injured worker from having to pay out of pocket for work-related injuries, including those sustained in a car accident. Common vehicular accident injuries include:
- Whiplash
- Sprains
- Broken bones
- Cuts, scrapes, and bruises
These injuries may require extensive medical procedures that can leave you out of work for an extended period of time. In the worst scenarios, workers cannot return to the profession they left. Many workers do not believe they are covered by worker’s compensation and accept financial responsibility for their treatments; yet what they do not realize is that over 98% of Milwaukee workers are entitled to worker’s compensation benefits. State and federal laws cover individuals in the public and private sector who may work full or part-time.
The experienced worker’s compensation attorneys at Gillick, Wicht, Gillick, & Graf have been representing the injured worker since 1948 and will fight aggressively on your behalf. We work tirelessly to ensure you receive the maximum compensation that you are entitled to by law for your work-related injuries. We also represent those seeking social security disability benefits. Contact us today at 414-257-2667 to speak with an experienced worker’s compensation attorney. You don’t pay us anything until we win your case.
## Related Topics
- - - [What Should I Expect From The Worker’s Compensation Process?](https://www.gillickwicht.com/Workers-Compensation/What-Should-I-Expect-From-The-Workers-Compensation-Process.shtml)
- [What If My Worker’s Comp Claim Is Denied?](https://www.gillickwicht.com/Workers-Compensation/What-If-My-Workers-Comp-Claim-Is-Denied.shtml)
- [Can I Be Compensated For A Traumatic Workplace Injury?](https://www.gillickwicht.com/Workers-Compensation/Can-I-Be-Compensated-For-A-Traumatic-Workplace-Injury.shtml)
- [Can I Be Compensated For Repetitive Stress Injuries?](https://www.gillickwicht.com/Workers-Compensation/Can-I-Be-Compensated-For-Repetitive-Stress-Injuries.shtml)
- [What If I Am Permanently Disabled?](https://www.gillickwicht.com/Workers-Compensation/What-If-I-Am-Permanently-Disabled.shtml)
- [What Does Worker’s Compensation Pay?](https://www.gillickwicht.com/workers-compensation/what-does-workers-compensation-pay.shtml "What Does Worker’s Compensation Pay?")
- [Worker’s Compensation Wage Schedule](https://www.gillickwicht.com/workers-compensation/workers-compensation-wage-schedule.shtml "Worker’s Compensation Wage Schedule")
- [Permanent Partial Disability Schedule](https://www.gillickwicht.com/workers-compensation/permanent-partial-disability-schedule.shtml "Permanent Partial Disability Schedule")
- [Construction Site Accidents](https://www.gillickwicht.com/workers-compensation/construction-site-accidents.shtml "Construction Site Accidents")
- [Independent Medical Examinations](https://www.gillickwicht.com/Workers-Compensation/Independent-Medical-Examinations.shtml)
- [Workplace Illnesses](https://www.gillickwicht.com/workers-compensation/ilnnesses-in-the-workplace.shtml "Workplace Illnesses")
- [Common Job Site Accidents](https://www.gillickwicht.com/workers-compensation/common-job-site-accidents.shtml "Common Job Site Accidents")
- [Trucking and Professional Driver Injuries](https://www.gillickwicht.com/workers-compensation/trucking-and-professional-driver-injuries.shtml "Trucking and Professional Driver Injuries")
- [Worker’s Compensation Appeals](https://www.gillickwicht.com/workers-compensation/workers-compensation-appeals.shtml "Worker’s Compensation Appeals")
- [Preparing for an Independent Medical Exam](https://www.gillickwicht.com/Workers-Compensation/Preparing-for-an-Independent-Medical-Exam.shtml)
- [Vocational Rehabilitation](https://www.gillickwicht.com/workers-compensation/vocational-rehabilitation.shtml "Vocational Rehabilitation")
- [Toxic Exposure](https://www.gillickwicht.com/workers-compensation/toxic-exposure.shtml "Toxic Exposure")
- [Filing a Worker’s Compensation Claim](https://www.gillickwicht.com/workers-compensation "Filing a Worker’s Compensation Claim")
- [Scaffolding Accident](https://www.gillickwicht.com/Workers-Compensation/Scaffolding-Accident.shtml "Scaffolding Accident")
- [Legal Options for Construction Worker Injuries](https://www.gillickwicht.com/Workers-Compensation/Legal-Options-for-Construction-Worker-Injuries.shtml "Legal Options for Construction Worker Injuries")
## Frequent Questions
You have a claim if you suffered a loss because of a job-related injury. This means that to get worker’s compensation, you have to show three things:
[Read More ](https://www.gillickwicht.com/faqs.shtml)
---
### [Common Job Site Accidents](https://www.gillickwicht.com/workers-compensation/common-job-site-accidents.shtml)
**Published:** January 31, 2018
**Author:** admin
**Content:**
Common job site accidents can result in long term or even permanent disability from injuries. The possibility of an employee suffering an injury on the job continuously looms. So much so that a type of insurance had to be put in place for businesses to compensate employees injured on the job without having to go through a personal injury lawsuit. This workplace insurance, commonly known as worker’s compensation, is readily available for many American workers.
Although injuries are fairly common, most do not expect to be injured on the job. Many places of employment go out of their way to ensure that buildings and equipment adhere to the necessary safety codes for a safe work environment. With that said, hundreds of work-related injuries are still sustained each day. The Bureau of Labor Statistics reports that there were [1,153,490 total non-fatal work-related injuries sustained in 2015](https://www.bls.gov/news.release/osh2.nr0.htm). These injuries ranged from bruises and scrapes to sprains and tears and kept the injured out of work for an average of eight days.
Work-related injuries are very inconvenient circumstances that can come as a result of various circumstances. They may be random occurrences, but there are some work-related injuries that happen more often than others.
## Overexertion
Overexertion refers to when an individual’s body has been worked to the point where a lift, pull, push, or throw can cause an injury. This usually results in a sprain, strain, or tear which accounts for 37% of occupational injuries according to the Bureau of Labor Statistics. Overexertion is the cause of the most common injuries suffered by American workers.
## Fall to Lower Level
Falls to a lower level refers to falling from a ladder, roof, or down a flight of stairs. This can happen to anyone from construction workers to roofers to any stock job that may require ascending to a high level. This is very common and can lead to a myriad of injuries that can be either minor or fatal.
## Slip or Trip and Falls
A large majority of slip, trip, and fall cases come as a result of an employee slipping on a wet floor. This affects a wide variety of workers as a slip, trip, and fall can occur virtually anywhere. Security guards and groundskeepers are most likely to trip and fall as their job requires them to continuously survey an area during the night and day.
If you have suffered any of these injuries while performing work duties, you may be entitled to worker’s compensation. At Gillick, Wicht, Gillick & Graf, we have a proven history of successfully recovering losses for employees who have suffered occupational injuries. We have been “the injured worker’s law firm” for over 73 years and continue to protect Wisconsin worker’s rights today. We understand that you may be in need of legal representation during this tough time. Call us at 414-257-2667 to [speak to a worker’s compensation attorney in Milwaukee today](https://www.gillickwicht.com/Contact.shtml) for a free consultation. There are no fees until you get paid.
## Related Topics
- - - - [What Should I Expect From The Worker’s Compensation Process?](https://www.gillickwicht.com/Workers-Compensation/What-Should-I-Expect-From-The-Workers-Compensation-Process.shtml)
- [What If My Worker’s Comp Claim Is Denied?](https://www.gillickwicht.com/Workers-Compensation/What-If-My-Workers-Comp-Claim-Is-Denied.shtml)
- [Can I Be Compensated For A Traumatic Workplace Injury?](https://www.gillickwicht.com/Workers-Compensation/Can-I-Be-Compensated-For-A-Traumatic-Workplace-Injury.shtml)
- [Can I Be Compensated For Repetitive Stress Injuries?](https://www.gillickwicht.com/Workers-Compensation/Can-I-Be-Compensated-For-Repetitive-Stress-Injuries.shtml)
- [What If I Am Permanently Disabled?](https://www.gillickwicht.com/Workers-Compensation/What-If-I-Am-Permanently-Disabled.shtml)
- [What Does Worker’s Compensation Pay?](https://www.gillickwicht.com/workers-compensation/what-does-workers-compensation-pay.shtml "What Does Worker’s Compensation Pay?")
- [Worker’s Compensation Wage Schedule](https://www.gillickwicht.com/workers-compensation/workers-compensation-wage-schedule.shtml "Worker’s Compensation Wage Schedule")
- [Permanent Partial Disability Schedule](https://www.gillickwicht.com/workers-compensation/permanent-partial-disability-schedule.shtml "Permanent Partial Disability Schedule")
- [Construction Site Accidents](https://www.gillickwicht.com/workers-compensation/construction-site-accidents.shtml "Construction Site Accidents")
- [Independent Medical Examinations](https://www.gillickwicht.com/Workers-Compensation/Independent-Medical-Examinations.shtml)
- [Workplace Illnesses](https://www.gillickwicht.com/workers-compensation/ilnnesses-in-the-workplace.shtml "Workplace Illnesses")
- [Common Job Site Accidents](https://www.gillickwicht.com/workers-compensation/common-job-site-accidents.shtml "Common Job Site Accidents")
- [Trucking and Professional Driver Injuries](https://www.gillickwicht.com/workers-compensation/trucking-and-professional-driver-injuries.shtml "Trucking and Professional Driver Injuries")
- [Worker’s Compensation Appeals](https://www.gillickwicht.com/workers-compensation/workers-compensation-appeals.shtml "Worker’s Compensation Appeals")
- [Preparing for an Independent Medical Exam](https://www.gillickwicht.com/Workers-Compensation/Preparing-for-an-Independent-Medical-Exam.shtml)
- [Vocational Rehabilitation](https://www.gillickwicht.com/workers-compensation/vocational-rehabilitation.shtml "Vocational Rehabilitation")
- [Toxic Exposure](https://www.gillickwicht.com/workers-compensation/toxic-exposure.shtml "Toxic Exposure")
- [Filing a Worker’s Compensation Claim](https://www.gillickwicht.com/workers-compensation "Filing a Worker’s Compensation Claim")
- [Scaffolding Accident](https://www.gillickwicht.com/Workers-Compensation/Scaffolding-Accident.shtml "Scaffolding Accident")
- [Legal Options for Construction Worker Injuries](https://www.gillickwicht.com/Workers-Compensation/Legal-Options-for-Construction-Worker-Injuries.shtml "Legal Options for Construction Worker Injuries")
## Frequent Questions
You have a claim if you suffered a loss because of a job-related injury. This means that to get worker’s compensation, you have to show three things:
[Read More](https://www.gillickwicht.com/FAQs.shtml)
---
### [Workplace Illnesses](https://www.gillickwicht.com/workers-compensation/ilnnesses-in-the-workplace.shtml)
**Published:** January 31, 2018
**Author:** admin
**Content:**
Workplace illnesses are more common than most people know. When workers consider worker’s compensation, they usually think about physical injuries like broken bones, cuts, scrapes, burns, or disfigurement from a particular type of accident, like a slip-and-fall or being struck by a falling object. What many people do not know, however, is that worker’s compensation can also cover occupational diseases.
Although you cannot file a worker’s compensation claim for picking up the common cold, there are several illnesses and health issues that you can contract or develop in a workplace. Things like breathing disorders or asthma, skin rashes, hearing loss, blindness, cancer, and[ mesothelioma](https://www.asbestos.com/mesothelioma/#:~:text=Mesothelioma%20is%20a%20malignant%20tumor,approximately%2012%20months%20after%20diagnosis.) are just a few common occupational illnesses for which Wisconsin workers may receive compensation.
Many industries put workers at risk of picking up a threatening or even deadly illness. If you work as a mechanic, construction worker, bulldozer operator, roofer, policeman, carpenter, or even a hairdresser, you can be exposed to asbestos in the workplace. In addition, overexposure to acids, disinfectants, pesticides, petroleum products, paint, and heavy metals can lead to serious illness down the road. Should these substances contribute to your development of a health problem, it can hinder your ability to perform your duties. If you get sick, you can incur high medical bills and can miss out on future wages. It can be tough to support yourself and your family while you are recovering from a serious disease. Under state law, you may be entitled to worker’s compensation benefits that can help ease your quality of life.
With a Wisconsin worker’s compensation attorney to uphold your rights, you give yourself the best opportunity to collect what you deserve.
Many insurance companies hold out on workers by reducing their claims, as it is in the best interests of these companies not to pay claims at all. You may also benefit from working with a compassionate and experienced attorney to fight claims that have been denied. Our worker’s compensation attorneys strongly believe that you deserve what you are entitled to by law. Since 1948, the worker’s compensation attorneys at Gillick, Wicht, Gillick & Graf have upheld worker’s rights and fought for just compensation for Wisconsin’s injured workers. To explore your options, call 414-257-2667 or [contact us](/Contact.shtml). You do not pay a dime until we win your case!
## Related Topics
- - - - [What Should I Expect From The Worker’s Compensation Process?](https://www.gillickwicht.com/Workers-Compensation/What-Should-I-Expect-From-The-Workers-Compensation-Process.shtml)
- [What If My Worker’s Comp Claim Is Denied?](https://www.gillickwicht.com/Workers-Compensation/What-If-My-Workers-Comp-Claim-Is-Denied.shtml)
- [Can I Be Compensated For A Traumatic Workplace Injury?](https://www.gillickwicht.com/Workers-Compensation/Can-I-Be-Compensated-For-A-Traumatic-Workplace-Injury.shtml)
- [Can I Be Compensated For Repetitive Stress Injuries?](https://www.gillickwicht.com/Workers-Compensation/Can-I-Be-Compensated-For-Repetitive-Stress-Injuries.shtml)
- [What If I Am Permanently Disabled?](https://www.gillickwicht.com/Workers-Compensation/What-If-I-Am-Permanently-Disabled.shtml)
- [What Does Worker’s Compensation Pay?](https://www.gillickwicht.com/workers-compensation/what-does-workers-compensation-pay.shtml "What Does Worker’s Compensation Pay?")
- [Worker’s Compensation Wage Schedule](https://www.gillickwicht.com/workers-compensation/workers-compensation-wage-schedule.shtml "Worker’s Compensation Wage Schedule")
- [Permanent Partial Disability Schedule](https://www.gillickwicht.com/workers-compensation/permanent-partial-disability-schedule.shtml "Permanent Partial Disability Schedule")
- [Construction Site Accidents](https://www.gillickwicht.com/workers-compensation/construction-site-accidents.shtml "Construction Site Accidents")
- [Independent Medical Examinations](https://www.gillickwicht.com/Workers-Compensation/Independent-Medical-Examinations.shtml)
- [Workplace Illnesses](https://www.gillickwicht.com/workers-compensation/ilnnesses-in-the-workplace.shtml "Workplace Illnesses")
- [Common Job Site Accidents](https://www.gillickwicht.com/workers-compensation/common-job-site-accidents.shtml "Common Job Site Accidents")
- [Trucking and Professional Driver Injuries](https://www.gillickwicht.com/workers-compensation/trucking-and-professional-driver-injuries.shtml "Trucking and Professional Driver Injuries")
- [Worker’s Compensation Appeals](https://www.gillickwicht.com/workers-compensation/workers-compensation-appeals.shtml "Worker’s Compensation Appeals")
- [Preparing for an Independent Medical Exam](https://www.gillickwicht.com/Workers-Compensation/Preparing-for-an-Independent-Medical-Exam.shtml)
- [Vocational Rehabilitation](https://www.gillickwicht.com/workers-compensation/vocational-rehabilitation.shtml "Vocational Rehabilitation")
- [Toxic Exposure](https://www.gillickwicht.com/workers-compensation/toxic-exposure.shtml "Toxic Exposure")
- [Filing a Worker’s Compensation Claim](https://www.gillickwicht.com/workers-compensation "Filing a Worker’s Compensation Claim")
- [Scaffolding Accident](https://www.gillickwicht.com/Workers-Compensation/Scaffolding-Accident.shtml "Scaffolding Accident")
- [Legal Options for Construction Worker Injuries](https://www.gillickwicht.com/Workers-Compensation/Legal-Options-for-Construction-Worker-Injuries.shtml "Legal Options for Construction Worker Injuries")
## Frequent Questions
You have a claim if you suffered a loss because of a job-related injury. This means that to get worker’s compensation, you have to show three things:
[Read More ](https://www.gillickwicht.com/faqs.shtml)
---
### [Independent Medical Examinations](https://www.gillickwicht.com/workers-compensation/independent-medical-examinations.shtml)
**Published:** January 31, 2018
**Author:** admin
**Content:**
Serious injury accidents typically involve high payments from those who are at fault or insurance companies. Because it can be so costly to treat such injuries, those who must pay compensation want to ensure that the injuries are real before issuing payment. That’s where the purpose of an IME comes in.
If you have recently filed a worker’s compensation claim in Wisconsin, you have probably been ordered to undergo an IME or Independent Medical Exam by your employer’s insurance company. An IME is a medical evaluation that is conducted by a physician with whom you have no established relationship. Companies that carry worker’s compensation insurance have a legal right to request this type of exam for the purpose of receiving an unbiased diagnosis. While that sounds fair, it is often the case that these highly paid doctors offer diagnoses that benefit the insurance company and their attorneys.
When you are requested to submit to an IME, a doctor is selected by the insurance company or the insurance company’s defense attorney to evaluate your condition and determine how much treatment you really need, or the degree to which you are truly disabled. Although in theory doctors are supposed to issue unbiased medical care, doctors who work for these companies stand to make significant income providing diagnoses that are favorable to the insurance companies, leading to you receiving an insubstantial claim.
Because these doctors protect the interests of the insurance company representing your employer, they do not have your best interests at heart. To make sure you get the most out of this type of examination, you should speak with experienced [workers’ compensation attorneys](https://www.gillickwicht.com/workers-compensation/ "Workers’ Compensation Attorneys") who can give you advice relevant to your upcoming independent medical exam.
The doctor’s IME diagnosis stands to carry a heavy influence in the amount of benefits you can receive for medical bills, lost wages, and permanent partial disability. You could be left with a meager sum compared to what you are legally entitled to based on your condition. By working with compassionate worker’s compensation attorneys, you can take all the necessary steps toward ensuring that your condition is rightfully diagnosed.
An attorney at Gillick, Wicht, Gillick & Graf can help you with a number of things pertaining to independent medical exams, including:
– Helping you prepare for the exam procedure
– Helping you understand what to expect from the exam
– Helping you find another doctor who is not selected by the insurance company or your employer
– Informing you of your rights to see your own physician for a second opinion
Talk to an experienced [workers’ compensation lawyer in Wisconsin](https://www.gillickwicht.com/Contact.shtml) today to learn more about your upcoming independent medical exam. For over 65 years, attorneys at Gillick, Wicht, Gillick & Graf have prepared injured workers for IMEs in order to ensure they get the most funds possible. Since 1948 we have been Milwaukee’s “injured worker’s law firm” serving Wisconsin workers. Call 414-257-2667; there is no fee until we win for you!
## Related Topics
- - - [What Should I Expect From The Worker’s Compensation Process?](https://www.gillickwicht.com/Workers-Compensation/What-Should-I-Expect-From-The-Workers-Compensation-Process.shtml)
- [What If My Worker’s Comp Claim Is Denied?](https://www.gillickwicht.com/Workers-Compensation/What-If-My-Workers-Comp-Claim-Is-Denied.shtml)
- [Can I Be Compensated For A Traumatic Workplace Injury?](https://www.gillickwicht.com/Workers-Compensation/Can-I-Be-Compensated-For-A-Traumatic-Workplace-Injury.shtml)
- [Can I Be Compensated For Repetitive Stress Injuries?](https://www.gillickwicht.com/Workers-Compensation/Can-I-Be-Compensated-For-Repetitive-Stress-Injuries.shtml)
- [What If I Am Permanently Disabled?](https://www.gillickwicht.com/Workers-Compensation/What-If-I-Am-Permanently-Disabled.shtml)
- [What Does Worker’s Compensation Pay?](https://www.gillickwicht.com/workers-compensation/what-does-workers-compensation-pay.shtml "What Does Worker’s Compensation Pay?")
- [Worker’s Compensation Wage Schedule](https://www.gillickwicht.com/workers-compensation/workers-compensation-wage-schedule.shtml "Worker’s Compensation Wage Schedule")
- [Permanent Partial Disability Schedule](https://www.gillickwicht.com/workers-compensation/permanent-partial-disability-schedule.shtml "Permanent Partial Disability Schedule")
- [Construction Site Accidents](https://www.gillickwicht.com/workers-compensation/construction-site-accidents.shtml "Construction Site Accidents")
- [Independent Medical Examinations](https://www.gillickwicht.com/Workers-Compensation/Independent-Medical-Examinations.shtml)
- [Workplace Illnesses](https://www.gillickwicht.com/workers-compensation/ilnnesses-in-the-workplace.shtml "Workplace Illnesses")
- [Common Job Site Accidents](https://www.gillickwicht.com/workers-compensation/common-job-site-accidents.shtml "Common Job Site Accidents")
- [Trucking and Professional Driver Injuries](https://www.gillickwicht.com/workers-compensation/trucking-and-professional-driver-injuries.shtml "Trucking and Professional Driver Injuries")
- [Worker’s Compensation Appeals](https://www.gillickwicht.com/workers-compensation/workers-compensation-appeals.shtml "Worker’s Compensation Appeals")
- [Preparing for an Independent Medical Exam](https://www.gillickwicht.com/Workers-Compensation/Preparing-for-an-Independent-Medical-Exam.shtml)
- [Vocational Rehabilitation](https://www.gillickwicht.com/workers-compensation/vocational-rehabilitation.shtml "Vocational Rehabilitation")
- [Toxic Exposure](https://www.gillickwicht.com/workers-compensation/toxic-exposure.shtml "Toxic Exposure")
- [Filing a Worker’s Compensation Claim](https://www.gillickwicht.com/workers-compensation "Filing a Worker’s Compensation Claim")
- [Scaffolding Accident](https://www.gillickwicht.com/Workers-Compensation/Scaffolding-Accident.shtml "Scaffolding Accident")
- [Legal Options for Construction Worker Injuries](https://www.gillickwicht.com/Workers-Compensation/Legal-Options-for-Construction-Worker-Injuries.shtml "Legal Options for Construction Worker Injuries")
## Frequent Questions
You have a claim if you suffered a loss because of a job-related injury. This means that to get worker’s compensation, you have to show three things:
[Read More ](https://www.gillickwicht.com/faqs.shtml)
---
### [Construction Site Accidents](https://www.gillickwicht.com/workers-compensation/construction-site-accidents.shtml)
**Published:** January 31, 2018
**Author:** admin
**Content:**
Construction site accidents occur performing [some of the most dangerous jobs in the United States](https://www.usatoday.com/story/money/careers/2018/01/09/workplace-fatalities-25-most-dangerous-jobs-america/1002500001/). Although there have been many advancements in the safety of construction equipment, increased safety awareness, and tougher OSHA standards, construction is among the most dangerous industries in the country. Roofing, welding, road work, and carpentry construction jobs involve dangerous equipment, take place in harsh environments, and generally have a high potential for serious accidents. Construction workers in Milwaukee put their lives at risk every day, with a variety of potentially fatal accidents possible.
If you have been injured on the job and you are a construction worker, you may benefit from thorough legal counsel provided by a Milwaukee construction accident attorney who tackles workers’ compensation claims. Over 98% of Wisconsin’s workforce is eligible to receive benefits from workers’ compensation or social security insurance. Depending on the circumstances of your case, the severity of the injury, and several other factors, you may be able to have your medical expenses taken care of while you recover from your injury. If you cannot continue to work, a strong [worker’s compensation lawyer](https://www.gillickwicht.com/workers-compensation "worker’s compensation lawyer") can fight to recover your losses.
There are several types of injuries that are covered by Wisconsin’s worker’s’ compensation laws. They include physical and mental injuries as well as illnesses contracted while performing job-related functions. Some of the most common construction site injuries attorneys handle include injuries involving dangerous falls, being struck by falling objects, lifting heavy objects, being struck, hit, or trapped by heavy or sharp objects, equipment, or vehicles, accidents caused by the use of dangerous or faulty machinery and equipment, and exposure to dangerous chemicals, gases, or environmental factors.
As a construction worker, you may be able to file more than one claim depending on the details of your case. For example, if the equipment you were using was faulty, you can file a product liability claim in addition to your workers’ compensation claim. Knowledgeable construction accident lawyers can help you explore all your options while providing their expertise about employee rights in Milwaukee.
At Gillick, Wicht, Gillick & Graf, we have had success recovering losses for clients in the construction industry. Since 1948, we have represented the injured worker and fought to protect workers’ rights at every step of the legal process. We understand this is a difficult time and that you may have several questions regarding what you are entitled to by law. It is never too early to speak with an experienced [workers’ compensation attorney in Milwaukee](https://www.gillickwicht.com/Workers-Compensation) who has your best interests at heart. Speak with a seasoned workers’ compensation and construction accident attorney by calling 414-257-2667. You will not pay us a dime until we get you money.
## Related Topics
- - - [What Should I Expect From The Worker’s Compensation Process?](https://www.gillickwicht.com/Workers-Compensation/What-Should-I-Expect-From-The-Workers-Compensation-Process.shtml)
- [What If My Worker’s Comp Claim Is Denied?](https://www.gillickwicht.com/Workers-Compensation/What-If-My-Workers-Comp-Claim-Is-Denied.shtml)
- [Can I Be Compensated For A Traumatic Workplace Injury?](https://www.gillickwicht.com/Workers-Compensation/Can-I-Be-Compensated-For-A-Traumatic-Workplace-Injury.shtml)
- [Can I Be Compensated For Repetitive Stress Injuries?](https://www.gillickwicht.com/Workers-Compensation/Can-I-Be-Compensated-For-Repetitive-Stress-Injuries.shtml)
- [What If I Am Permanently Disabled?](https://www.gillickwicht.com/Workers-Compensation/What-If-I-Am-Permanently-Disabled.shtml)
- [What Does Worker’s Compensation Pay?](https://www.gillickwicht.com/workers-compensation/what-does-workers-compensation-pay.shtml "What Does Worker’s Compensation Pay?")
- [Worker’s Compensation Wage Schedule](https://www.gillickwicht.com/workers-compensation/workers-compensation-wage-schedule.shtml "Worker’s Compensation Wage Schedule")
- [Permanent Partial Disability Schedule](https://www.gillickwicht.com/workers-compensation/permanent-partial-disability-schedule.shtml "Permanent Partial Disability Schedule")
- [Construction Site Accidents](https://www.gillickwicht.com/workers-compensation/construction-site-accidents.shtml "Construction Site Accidents")
- [Independent Medical Examinations](https://www.gillickwicht.com/Workers-Compensation/Independent-Medical-Examinations.shtml)
- [Workplace Illnesses](https://www.gillickwicht.com/workers-compensation/ilnnesses-in-the-workplace.shtml "Workplace Illnesses")
- [Common Job Site Accidents](https://www.gillickwicht.com/workers-compensation/common-job-site-accidents.shtml "Common Job Site Accidents")
- [Trucking and Professional Driver Injuries](https://www.gillickwicht.com/workers-compensation/trucking-and-professional-driver-injuries.shtml "Trucking and Professional Driver Injuries")
- [Worker’s Compensation Appeals](https://www.gillickwicht.com/workers-compensation/workers-compensation-appeals.shtml "Worker’s Compensation Appeals")
- [Preparing for an Independent Medical Exam](https://www.gillickwicht.com/Workers-Compensation/Preparing-for-an-Independent-Medical-Exam.shtml)
- [Vocational Rehabilitation](https://www.gillickwicht.com/workers-compensation/vocational-rehabilitation.shtml "Vocational Rehabilitation")
- [Toxic Exposure](https://www.gillickwicht.com/workers-compensation/toxic-exposure.shtml "Toxic Exposure")
- [Filing a Worker’s Compensation Claim](https://www.gillickwicht.com/workers-compensation "Filing a Worker’s Compensation Claim")
- [Scaffolding Accident](https://www.gillickwicht.com/Workers-Compensation/Scaffolding-Accident.shtml "Scaffolding Accident")
- [Legal Options for Construction Worker Injuries](https://www.gillickwicht.com/Workers-Compensation/Legal-Options-for-Construction-Worker-Injuries.shtml "Legal Options for Construction Worker Injuries")
---
### [Worker's Compensation Wage Schedule](https://www.gillickwicht.com/workers-compensation/workers-compensation-wage-schedule.shtml)
**Published:** January 31, 2018
**Author:** admin
**Content:**
<https://dwd.wisconsin.gov/dwd/publications/wc/WKC-9572-P.pdf>
## Related Topics
- - - [What Should I Expect From The Worker’s Compensation Process?](https://www.gillickwicht.com/Workers-Compensation/What-Should-I-Expect-From-The-Workers-Compensation-Process.shtml)
- [What If My Worker’s Comp Claim Is Denied?](https://www.gillickwicht.com/Workers-Compensation/What-If-My-Workers-Comp-Claim-Is-Denied.shtml)
- [Can I Be Compensated For A Traumatic Workplace Injury?](https://www.gillickwicht.com/Workers-Compensation/Can-I-Be-Compensated-For-A-Traumatic-Workplace-Injury.shtml)
- [Can I Be Compensated For Repetitive Stress Injuries?](https://www.gillickwicht.com/Workers-Compensation/Can-I-Be-Compensated-For-Repetitive-Stress-Injuries.shtml)
- [What If I Am Permanently Disabled?](https://www.gillickwicht.com/Workers-Compensation/What-If-I-Am-Permanently-Disabled.shtml)
- [What Does Worker’s Compensation Pay?](https://www.gillickwicht.com/workers-compensation/what-does-workers-compensation-pay.shtml "What Does Worker’s Compensation Pay?")
- [Worker’s Compensation Wage Schedule](https://www.gillickwicht.com/workers-compensation/workers-compensation-wage-schedule.shtml "Worker’s Compensation Wage Schedule")
- [Permanent Partial Disability Schedule](https://www.gillickwicht.com/workers-compensation/permanent-partial-disability-schedule.shtml "Permanent Partial Disability Schedule")
- [Construction Site Accidents](https://www.gillickwicht.com/workers-compensation/construction-site-accidents.shtml "Construction Site Accidents")
- [Independent Medical Examinations](https://www.gillickwicht.com/Workers-Compensation/Independent-Medical-Examinations.shtml)
- [Workplace Illnesses](https://www.gillickwicht.com/workers-compensation/ilnnesses-in-the-workplace.shtml "Workplace Illnesses")
- [Common Job Site Accidents](https://www.gillickwicht.com/workers-compensation/common-job-site-accidents.shtml "Common Job Site Accidents")
- [Trucking and Professional Driver Injuries](https://www.gillickwicht.com/workers-compensation/trucking-and-professional-driver-injuries.shtml "Trucking and Professional Driver Injuries")
- [Worker’s Compensation Appeals](https://www.gillickwicht.com/workers-compensation/workers-compensation-appeals.shtml "Worker’s Compensation Appeals")
- [Preparing for an Independent Medical Exam](https://www.gillickwicht.com/Workers-Compensation/Preparing-for-an-Independent-Medical-Exam.shtml)
- [Vocational Rehabilitation](https://www.gillickwicht.com/workers-compensation/vocational-rehabilitation.shtml "Vocational Rehabilitation")
- [Toxic Exposure](https://www.gillickwicht.com/workers-compensation/toxic-exposure.shtml "Toxic Exposure")
- [Filing a Worker’s Compensation Claim](https://www.gillickwicht.com/workers-compensation "Filing a Worker’s Compensation Claim")
- [Scaffolding Accident](https://www.gillickwicht.com/Workers-Compensation/Scaffolding-Accident.shtml "Scaffolding Accident")
- [Legal Options for Construction Worker Injuries](https://www.gillickwicht.com/Workers-Compensation/Legal-Options-for-Construction-Worker-Injuries.shtml "Legal Options for Construction Worker Injuries")
## Frequent Questions
You have a claim if you suffered a loss because of a job-related injury. This means that, to get worker’s compensation, you have to show three things:
[Read More ](https://www.gillickwicht.com/faqs.shtml)
---
### [What Does Worker's Compensation Pay?](https://www.gillickwicht.com/workers-compensation/what-does-workers-compensation-pay.shtml)
**Published:** January 31, 2018
**Author:** admin
**Content:**
Worker’s compensation pays you compensation for workplace injuries and illnesses. After suffering from serious work-related injuries, most injured workers face serious financial concerns. Especially after suffering permanent disabilities, you might not be able to work and provide for your family. The stakes are high, so make sure you work with an experienced attorney who knows how to maximize your workers’ compensation award.
At Gillick, Wicht, Gillick & Graf, our [Milwaukee worker’s compensation lawyers](https://www.gillickwicht.com/workers-compensation/what-should-i-expect-from-the-workers-compensation-process.shtml "Milwaukee workers’ compensation lawyers") represent injured workers in various locations throughout Wisconsin. Our firm has more than 73 years of experience in worker’s compensation. We take a compassionate approach with our clients, and we will fight aggressively to help them obtain:
- **Medical expenses:** The worker’s compensation program is intended to cover the costs of all medical expenses arising from work-related injuries. The challenge is that worker’s comp rarely covers medical expenses adequately. Doctors can downplay the seriousness of injuries and the program often won’t cover the costs of long-term medical expenses.
- **Lost wages:** Compensation is available to cover lost wages. The worker’s compensation program calculates [permanent partial disability and permanent total disability wages](https://dwd.wisconsin.gov/wc/medical/ppd-schedule.htm) based on the type and severity of injuries.
- **Rehabilitation:** If you are unable to continue the work you were performing before the accident, but you are still able to do other types of work, you should be entitled to receive compensation for the rehabilitation and training that will allow you to work again in another occupation.
Most workplace injury victims face significant challenges through the worker’s compensation process. Our attorneys can protect your rights and make sure you obtain the full compensation you need to provide for yourself and your family.
## Related Topics
- - - [What Should I Expect From The Worker’s Compensation Process?](https://www.gillickwicht.com/Workers-Compensation/What-Should-I-Expect-From-The-Workers-Compensation-Process.shtml)
- [What If My Worker’s Comp Claim Is Denied?](https://www.gillickwicht.com/Workers-Compensation/What-If-My-Workers-Comp-Claim-Is-Denied.shtml)
- [Can I Be Compensated For A Traumatic Workplace Injury?](https://www.gillickwicht.com/Workers-Compensation/Can-I-Be-Compensated-For-A-Traumatic-Workplace-Injury.shtml)
- [Can I Be Compensated For Repetitive Stress Injuries?](https://www.gillickwicht.com/Workers-Compensation/Can-I-Be-Compensated-For-Repetitive-Stress-Injuries.shtml)
- [What If I Am Permanently Disabled?](https://www.gillickwicht.com/Workers-Compensation/What-If-I-Am-Permanently-Disabled.shtml)
- [What Does Worker’s Compensation Pay?](https://www.gillickwicht.com/workers-compensation/what-does-workers-compensation-pay.shtml "What Does Worker’s Compensation Pay?")
- [Worker’s Compensation Wage Schedule](https://www.gillickwicht.com/workers-compensation/workers-compensation-wage-schedule.shtml "Worker’s Compensation Wage Schedule")
- [Permanent Partial Disability Schedule](https://www.gillickwicht.com/workers-compensation/permanent-partial-disability-schedule.shtml "Permanent Partial Disability Schedule")
- [Construction Site Accidents](https://www.gillickwicht.com/workers-compensation/construction-site-accidents.shtml "Construction Site Accidents")
- [Independent Medical Examinations](https://www.gillickwicht.com/Workers-Compensation/Independent-Medical-Examinations.shtml)
- [Workplace Illnesses](https://www.gillickwicht.com/workers-compensation/ilnnesses-in-the-workplace.shtml "Workplace Illnesses")
- [Common Job Site Accidents](https://www.gillickwicht.com/workers-compensation/common-job-site-accidents.shtml "Common Job Site Accidents")
- [Trucking and Professional Driver Injuries](https://www.gillickwicht.com/workers-compensation/trucking-and-professional-driver-injuries.shtml "Trucking and Professional Driver Injuries")
- [Worker’s Compensation Appeals](https://www.gillickwicht.com/workers-compensation/workers-compensation-appeals.shtml "Worker’s Compensation Appeals")
- [Preparing for an Independent Medical Exam](https://www.gillickwicht.com/Workers-Compensation/Preparing-for-an-Independent-Medical-Exam.shtml)
- [Vocational Rehabilitation](https://www.gillickwicht.com/workers-compensation/vocational-rehabilitation.shtml "Vocational Rehabilitation")
- [Toxic Exposure](https://www.gillickwicht.com/workers-compensation/toxic-exposure.shtml "Toxic Exposure")
- [Filing a Worker’s Compensation Claim](https://www.gillickwicht.com/workers-compensation "Filing a Worker’s Compensation Claim")
- [Scaffolding Accident](https://www.gillickwicht.com/Workers-Compensation/Scaffolding-Accident.shtml "Scaffolding Accident")
- [Legal Options for Construction Worker Injuries](https://www.gillickwicht.com/Workers-Compensation/Legal-Options-for-Construction-Worker-Injuries.shtml "Legal Options for Construction Worker Injuries")
## Frequent Questions
You have a claim if you suffered a loss because of a job-related injury. This means that to get worker’s compensation, you have to show three things:
[Read More](https://www.gillickwicht.com/FAQs.shtml)
## Contact Gillick, Wicht, Gillick & Graf
Call us at 414-257-2667 or [email us](https://www.gillickwicht.com/Contact.shtml) to schedule a free consultation with an experienced worker’s compensation lawyer. No attorney fees until we win.
---
### [What If I Am Permanently Disabled?](https://www.gillickwicht.com/workers-compensation/what-if-i-am-permanently-disabled.shtml)
**Published:** January 31, 2018
**Author:** admin
**Content:**
Permanent disability benefits are available to those suffering a permanent injury on the job. Suffering any type of work-related injury is serious, but when suffering a permanent injury, you could lose out on your ability to earn your income for the rest of your life. When the stakes are this high, it is extremely important to work with an attorney who can help you obtain the full extent of compensation available to you.
Do not wait. At Gillick, Wicht, Gillick & Graf, our [disability lawyers](https://www.gillickwicht.com/social-security-disability "disability lawyers") help clients who have suffered all types of permanent injuries. With more than 65 years of experience as a firm, we focus exclusively on work-related cases involving workers’ compensation and related issues. Meet with an attorney from our law firm at our Milwaukee office or one of our remote office locations in Wisconsin.
## Permanent Disability Benefits For Work Injuries
After a permanent disability, your [worker’s compensation](https://www.gillickwicht.com/workers-compensation "Worker’s Compensation") award will depend on the type of injury you sustained. The workers’ compensation permanent partial disability schedule in Wisconsin attaches a certain number of weeks’ worth of wages to each type of permanent injury to determine the level of compensation a victim is entitled to receive.
See the [permanent partial disability schedule](https://dwd.wisconsin.gov/wc/medical/ppd-schedule.htm) and talk to an experienced lawyer. Our attorneys have the experience to help you understand your compensation award and fight tenaciously to make sure you get the full compensation you deserve.
## Related Topics
- [What Should I Expect From The Workers’ Compensation Process?](https://www.gillickwicht.com/workers-compensation/what-should-i-expect-from-the-workers-compensation-process.shtml "What Should I Expect From The Workers’ Compensation Process?")
- [What If My Workers’ Comp Claim Is Denied?](https://www.gillickwicht.com/Workers-Compensation/What-If-My-Workers-Comp-Claim-Is-Denied.shtml "What If My Workers’ Comp Claim Is Denied?")
- [Can I Be Compensated For A Traumatic Workplace Injury?](https://www.gillickwicht.com/workers-compensation/can-i-be-compensated-for-a-traumatic-workplace-injury.shtml "Can I Be Compensated For A Traumatic Workplace Injury?")
- [Can I Be Compensated For Repetitive Stress Injuries?](https://www.gillickwicht.com/workers-compensation/can-i-be-compensated-for-repetitive-stress-injuries.shtml "Can I Be Compensated For Repetitive Stress Injuries?")
- [What If I Am Permanently Disabled?](https://www.gillickwicht.com/workers-compensation/what-if-i-am-permanently-disabled.shtml "What If I Am Permanently Disabled?")
- [What Does Workers’ Compensation Pay?](https://www.gillickwicht.com/workers-compensation/what-does-workers-compensation-pay.shtml "What Does Workers' Compensation Pay?")
- [Workers’ Compensation Wage Schedule](https://www.gillickwicht.com/workers-compensation/workers-compensation-wage-schedule.shtml "Workers' Compensation Wage Schedule")
- [Permanent Partial Disability Schedule](https://www.gillickwicht.com/workers-compensation/permanent-partial-disability-schedule.shtml "Permanent Partial Disability Schedule")
- [Construction Site Accidents](https://www.gillickwicht.com/workers-compensation/construction-site-accidents.shtml "Construction Site Accidents")
- [Independent Medical Examinations](https://www.gillickwicht.com/Workers-Compensation/Independent-Medical-Examinations.shtml "Independent Medical Examinations")
- [Workplace Illnesses](https://www.gillickwicht.com/workers-compensation/ilnnesses-in-the-workplace.shtml "Workplace Illnesses")
- [Common Job Site Accidents](https://www.gillickwicht.com/workers-compensation/common-job-site-accidents.shtml "Common Job Site Accidents")
- [Trucking and Professional Driver Injuries](https://www.gillickwicht.com/workers-compensation/trucking-and-professional-driver-injuries.shtml "Trucking and Professional Driver Injuries")
- [Worker’s Compensation Appeals](https://www.gillickwicht.com/workers-compensation/workers-compensation-appeals.shtml "Worker's Compensation Appeals")
- [Preparing for an Independent Medical Exam](https://www.gillickwicht.com/Workers-Compensation/Preparing-for-an-Independent-Medical-Exam.shtml "Preparing for an Independent Medical Exam")
- [Vocational Rehabilitation](https://www.gillickwicht.com/workers-compensation/vocational-rehabilitation.shtml "Vocational Rehabilitation")
- [Toxic Exposure](https://www.gillickwicht.com/workers-compensation/toxic-exposure.shtml "Toxic Exposure")
- [Filing a Worker’s Compensation Claim](https://www.gillickwicht.com/Workers-Compensation/Filing-a-Workers-Compensation-Claim.shtml "Filing a Worker's Compensation Claim")
- [Scaffolding Accident](https://www.gillickwicht.com/Workers-Compensation/Scaffolding-Accident.shtml "Scaffolding Accident")
- [Legal Options for Construction Worker Injuries](https://www.gillickwicht.com/Workers-Compensation/Legal-Options-for-Construction-Worker-Injuries.shtml "Legal Options for Construction Worker Injuries")
## Frequent Questions
You have a claim if you suffered a loss because of a job-related injury. This means that to get worker’s compensation, you have to show three things:
[Read More](https://www.gillickwicht.com//FAQs.shtml)
## Contact Gillick, Wicht, Gillick & Graf ∙ No Fee Unless We Win
Time is critical in permanent partial disability cases. The sooner you contact us, the more we can do to help you in your case. We offer free consultations and take claims on contingency, so you will not have to pay attorney fees until we win. Call us right away at 414-257-2667 or [email us](https://www.gillickwicht.com//Contact.shtml) to schedule a free consultation with an experienced lawyer from our firm.
---
### [Can I Be Compensated for Traumatic Workplace Injuries?](https://www.gillickwicht.com/workers-compensation/can-i-be-compensated-for-a-traumatic-workplace-injury.shtml)
**Published:** January 31, 2018
**Author:** admin
**Content:**
Most people injured in a serious workplace accident that results in traumatic workplace injuries do not know what to do. Although the worker’s compensation process was established to make sure injured workers are covered for medical bills, lost wages, and rehabilitative costs, many injured workers do not receive the compensation they deserve. Without the help of an [experienced worker’s compensation lawyer](https://www.gillickwicht.com/workers-compensation "experienced worker’s compensation lawyer"), you risk losing out on the potential to receive full coverage for your injuries and losses.
At Gillick, Wicht, Gillick & Graf, we have been helping injured workers since 1948. We handle the most complex worker’s compensation matters involving serious work-related injuries and permanent disability benefits. Our home office is in Milwaukee and we travel to hold regular [office hours throughout Wisconsin](https://www.gillickwicht.com/Remote-Office-Locations.shtml).
## Traumatic Workplace Injuries
[For workers’ compensation purposes](https://dwd.wisconsin.gov/wc/), any injury that results from a specific accident and renders you disabled or severely limited in your ability to perform your work-related functions can be considered traumatic. In most cases, these injuries result from catastrophic accidents.
- Back injuries
- Neck injuries
- Knee and shoulder replacements
These injuries often result from falls, construction accidents, falling objects, motor vehicle accidents while on the job, and other serious accidents. If you have been seriously hurt in a workplace accident, seek medical attention immediately, and contact a lawyer to start the [worker’s compensation process](https://www.gillickwicht.com/workers-compensation/what-should-i-expect-from-the-workers-compensation-process.shtml "Workers’ Compensation Process").
## Related Topics
- - [What Should I Expect From The Worker’s Compensation Process?](https://www.gillickwicht.com/Workers-Compensation/What-Should-I-Expect-From-The-Workers-Compensation-Process.shtml)
- [What If My Worker’s Comp Claim Is Denied?](https://www.gillickwicht.com/Workers-Compensation/What-If-My-Workers-Comp-Claim-Is-Denied.shtml)
- [Can I Be Compensated For A Traumatic Workplace Injury?](https://www.gillickwicht.com/Workers-Compensation/Can-I-Be-Compensated-For-A-Traumatic-Workplace-Injury.shtml)
- [Can I Be Compensated For Repetitive Stress Injuries?](https://www.gillickwicht.com/Workers-Compensation/Can-I-Be-Compensated-For-Repetitive-Stress-Injuries.shtml)
- [What If I Am Permanently Disabled?](https://www.gillickwicht.com/Workers-Compensation/What-If-I-Am-Permanently-Disabled.shtml)
- [What Does Worker’s Compensation Pay?](https://www.gillickwicht.com/workers-compensation/what-does-workers-compensation-pay.shtml "What Does Worker’s Compensation Pay?")
- [Worker’s Compensation Wage Schedule](https://www.gillickwicht.com/workers-compensation/workers-compensation-wage-schedule.shtml "Worker’s Compensation Wage Schedule")
- [Permanent Partial Disability Schedule](https://www.gillickwicht.com/workers-compensation/permanent-partial-disability-schedule.shtml "Permanent Partial Disability Schedule")
- [Construction Site Accidents](https://www.gillickwicht.com/workers-compensation/construction-site-accidents.shtml "Construction Site Accidents")
- [Independent Medical Examinations](https://www.gillickwicht.com/Workers-Compensation/Independent-Medical-Examinations.shtml)
- [Workplace Illnesses](https://www.gillickwicht.com/workers-compensation/ilnnesses-in-the-workplace.shtml "Workplace Illnesses")
- [Common Job Site Accidents](https://www.gillickwicht.com/workers-compensation/common-job-site-accidents.shtml "Common Job Site Accidents")
- [Trucking and Professional Driver Injuries](https://www.gillickwicht.com/workers-compensation/trucking-and-professional-driver-injuries.shtml "Trucking and Professional Driver Injuries")
- [Worker’s Compensation Appeals](https://www.gillickwicht.com/workers-compensation/workers-compensation-appeals.shtml "Worker’s Compensation Appeals")
- [Preparing for an Independent Medical Exam](https://www.gillickwicht.com/Workers-Compensation/Preparing-for-an-Independent-Medical-Exam.shtml)
- [Vocational Rehabilitation](https://www.gillickwicht.com/workers-compensation/vocational-rehabilitation.shtml "Vocational Rehabilitation")
- [Toxic Exposure](https://www.gillickwicht.com/workers-compensation/toxic-exposure.shtml "Toxic Exposure")
- [Filing a Worker’s Compensation Claim](https://www.gillickwicht.com/workers-compensation "Filing a Worker’s Compensation Claim")
- [Scaffolding Accident](https://www.gillickwicht.com/Workers-Compensation/Scaffolding-Accident.shtml "Scaffolding Accident")
- [Legal Options for Construction Worker Injuries](https://www.gillickwicht.com/Workers-Compensation/Legal-Options-for-Construction-Worker-Injuries.shtml "Legal Options for Construction Worker Injuries")
## Frequent Questions
You have a claim if you suffered a loss because of a job-related injury. This means that to get worker’s compensation, you have to show three things:
[Read More](/FAQs.shtml)
## Contact Gillick, Wicht, Gillick & Graf
If you have suffered serious injuries at work, we will advocate for you and help obtain the benefits you need. Call us at 414-257-2667 or [email us](https://www.gillickwicht.com/Contact.shtml) to schedule a free consultation with an experienced attorney. There is no fee unless we win your case.
---
### [What Should I Expect From The Worker's Compensation Process?](https://www.gillickwicht.com/workers-compensation/what-should-i-expect-from-the-workers-compensation-process.shtml)
**Published:** January 31, 2018
**Author:** admin
**Content:**
One of the first questions people ask after suffering a work injury is “what can I expect from the worker’s compensation process?” for most people, the legal system is foreign and confusing, yet it is critical to take the right steps to protect your right to receive full compensation for lost wages, medical bills and rehabilitation costs.
At Gillick, Wicht, Gillick & Graf, our attorneys have been helping clients through the worker’s compensation process since 1948 — that’s more than 73 years. From our office in Milwaukee, we serve clients throughout Wisconsin, and we have regularly scheduled office hours throughout the state.
We will answer your questions and help you through every step of the workers’ compensation process.
## What Steps Should I Take If I Am Injured At Work?
If you have experienced a workplace accident, you should:
- **Seek medical attention:** The most important thing you can do if you’ve been hurt at work is to seek medical attention, especially if you have suffered a [traumatic injury](https://www.gillickwicht.com/workers-compensation/can-i-be-compensated-for-a-traumatic-workplace-injury.shtml "traumatic injury").
- **File a claim:** After receiving medical care, it is critical to file a worker’s compensation claim with your employer as soon as possible. A claim of this kind can be more challenging if you have a repetitive stress injury, and permanent disabilities require increased medical records.
- **Disputed or denied claims:** It is common for worker’s comp claims to be denied, disputed, or minimized initially. In many cases, the company doctors will claim an injury is less serious than it really is, or claim that it was not work-related. Our lawyers have a wealth of experience fighting these battles for our clients, and we can help protect your interests and make sure you get full compensation.
- **Appeals:** Once a claim is denied, we can help you through the [appellate process](https://dwd.wisconsin.gov/dwd/publications/wc/WKC-7580.htm) and other legal options to help you provide for yourself and your family after an injury.
At Gillick, Wicht, Gillick & Graf, we believe that *every* workplace injury is a serious injury. Because you count on your income to provide for your family, losing the ability to work can be catastrophic. We will fight for you and help you through every step of the process.
## Related Topics
- - [What Should I Expect From The Worker’s Compensation Process?](https://www.gillickwicht.com/Workers-Compensation/What-Should-I-Expect-From-The-Workers-Compensation-Process.shtml)
- [What If My Worker’s Comp Claim Is Denied?](https://www.gillickwicht.com/Workers-Compensation/What-If-My-Workers-Comp-Claim-Is-Denied.shtml)
- [Can I Be Compensated For A Traumatic Workplace Injury?](https://www.gillickwicht.com/Workers-Compensation/Can-I-Be-Compensated-For-A-Traumatic-Workplace-Injury.shtml)
- [Can I Be Compensated For Repetitive Stress Injuries?](https://www.gillickwicht.com/Workers-Compensation/Can-I-Be-Compensated-For-Repetitive-Stress-Injuries.shtml)
- [What If I Am Permanently Disabled?](https://www.gillickwicht.com/Workers-Compensation/What-If-I-Am-Permanently-Disabled.shtml)
- [What Does Worker’s Compensation Pay?](https://www.gillickwicht.com/workers-compensation/what-does-workers-compensation-pay.shtml "What Does Worker’s Compensation Pay?")
- [Worker’s Compensation Wage Schedule](https://www.gillickwicht.com/workers-compensation/workers-compensation-wage-schedule.shtml "Worker’s Compensation Wage Schedule")
- [Permanent Partial Disability Schedule](https://www.gillickwicht.com/workers-compensation/permanent-partial-disability-schedule.shtml "Permanent Partial Disability Schedule")
- [Construction Site Accidents](https://www.gillickwicht.com/workers-compensation/construction-site-accidents.shtml "Construction Site Accidents")
- [Independent Medical Examinations](https://www.gillickwicht.com/Workers-Compensation/Independent-Medical-Examinations.shtml)
- [Workplace Illnesses](https://www.gillickwicht.com/workers-compensation/ilnnesses-in-the-workplace.shtml "Workplace Illnesses")
- [Common Job Site Accidents](https://www.gillickwicht.com/workers-compensation/common-job-site-accidents.shtml "Common Job Site Accidents")
- [Trucking and Professional Driver Injuries](https://www.gillickwicht.com/workers-compensation/trucking-and-professional-driver-injuries.shtml "Trucking and Professional Driver Injuries")
- [Worker’s Compensation Appeals](https://www.gillickwicht.com/workers-compensation/workers-compensation-appeals.shtml "Worker’s Compensation Appeals")
- [Preparing for an Independent Medical Exam](https://www.gillickwicht.com/Workers-Compensation/Preparing-for-an-Independent-Medical-Exam.shtml)
- [Vocational Rehabilitation](https://www.gillickwicht.com/workers-compensation/vocational-rehabilitation.shtml "Vocational Rehabilitation")
- [Toxic Exposure](https://www.gillickwicht.com/workers-compensation/toxic-exposure.shtml "Toxic Exposure")
- [Filing a Worker’s Compensation Claim](https://www.gillickwicht.com/workers-compensation "Filing a Worker’s Compensation Claim")
- [Scaffolding Accident](https://www.gillickwicht.com/Workers-Compensation/Scaffolding-Accident.shtml "Scaffolding Accident")
- [Legal Options for Construction Worker Injuries](https://www.gillickwicht.com/Workers-Compensation/Legal-Options-for-Construction-Worker-Injuries.shtml "Legal Options for Construction Worker Injuries")
## Frequent Questions
You have a claim if you suffered a loss because of a job-related injury. This means that to get worker’s compensation, you have to show three things:
[Read More](https://www.gillickwicht.com/FAQs.shtml)
## Contact Gillick, Wicht, Gillick & Graf ∙ Free Initial Consultations
At Gillick, Wicht, Gillick & Graf, there is no fee unless we win. Call us at 414-257-2667 or [email us](https://www.gillickwicht.com/Contact.shtml) to schedule a free consultation.
---
### [What If My Worker's Compensation Claim Is Denied?](https://www.gillickwicht.com/Workers-Compensation/What-If-My-Workers-Comp-Claim-Is-Denied.shtml)
**Published:** January 31, 2018
**Author:** admin
**Content:**
A significant number of worker’s compensation claims are denied. Sometimes the doctor will minimize the significance of an injury, and in other cases, a doctor will claim that injuries are not work-related. If you depend on your employment to provide for you and your family — as most Americans do — minimized, delayed, or denied claim is a serious problem. Make sure you work with a lawyer who can help you through the appeal process and protect your interests.
## Every workplace injury is a serious injury.
At Gillick, Wicht, Gillick & Graf, we have been representing clients in denied workers’ compensation claim cases and other work-related injury claims for more than 73 years. We take a personalized, caring approach with our clients and a tenacious, aggressive approach with the insurance companies to make sure our clients get the compensation they deserve. We have our home office in Milwaukee, and we have regular [office hours throughout Wisconsin](/Remote-Office-Locations.shtml) to serve our clients.
## Appealing A Denied Worker’s Compensation Claim
- **Request a hearing:** The first step is to file a petition for a hearing within the workers’ compensation system. Your hearing will be handled by an administrative law judge who will look at the medical evidence to support your claim and determine whether the compensation denial was legitimate.
- **Appeal the denial:** If your initial appeal hearing results in a denial from the administrative law judge, the next step is to file an appeal with the [Labor and Industry Review Commission](https://lirc.wisconsin.gov/) (LIRC).
- **Appeal to the Wisconsin courts:** If the LIRC denies your appeal, you may have the option of bringing an appeal to the Wisconsin courts.
Our attorneys have helped clients in every step of the workers’ compensation process, including all stages of appeal. We can protect your right to full compensation. Whether through an appeal, a civil claim, or a lump-sum settlement, we will help you protect your financial future.
## Related Topics
- - [What Should I Expect From The Worker’s Compensation Process?](https://www.gillickwicht.com/Workers-Compensation/What-Should-I-Expect-From-The-Workers-Compensation-Process.shtml)
- [What If My Worker’s Comp Claim Is Denied?](https://www.gillickwicht.com/Workers-Compensation/What-If-My-Workers-Comp-Claim-Is-Denied.shtml)
- [Can I Be Compensated For A Traumatic Workplace Injury?](https://www.gillickwicht.com/Workers-Compensation/Can-I-Be-Compensated-For-A-Traumatic-Workplace-Injury.shtml)
- [Can I Be Compensated For Repetitive Stress Injuries?](https://www.gillickwicht.com/Workers-Compensation/Can-I-Be-Compensated-For-Repetitive-Stress-Injuries.shtml)
- [What If I Am Permanently Disabled?](https://www.gillickwicht.com/Workers-Compensation/What-If-I-Am-Permanently-Disabled.shtml)
- [What Does Worker’s Compensation Pay?](https://www.gillickwicht.com/workers-compensation/what-does-workers-compensation-pay.shtml "What Does Worker’s Compensation Pay?")
- [Worker’s Compensation Wage Schedule](https://www.gillickwicht.com/workers-compensation/workers-compensation-wage-schedule.shtml "Worker’s Compensation Wage Schedule")
- [Permanent Partial Disability Schedule](https://www.gillickwicht.com/workers-compensation/permanent-partial-disability-schedule.shtml "Permanent Partial Disability Schedule")
- [Construction Site Accidents](https://www.gillickwicht.com/workers-compensation/construction-site-accidents.shtml "Construction Site Accidents")
- [Independent Medical Examinations](https://www.gillickwicht.com/Workers-Compensation/Independent-Medical-Examinations.shtml)
- [Workplace Illnesses](https://www.gillickwicht.com/workers-compensation/ilnnesses-in-the-workplace.shtml "Workplace Illnesses")
- [Common Job Site Accidents](https://www.gillickwicht.com/workers-compensation/common-job-site-accidents.shtml "Common Job Site Accidents")
- [Trucking and Professional Driver Injuries](https://www.gillickwicht.com/workers-compensation/trucking-and-professional-driver-injuries.shtml "Trucking and Professional Driver Injuries")
- [Worker’s Compensation Appeals](https://www.gillickwicht.com/workers-compensation/workers-compensation-appeals.shtml "Worker’s Compensation Appeals")
- [Preparing for an Independent Medical Exam](https://www.gillickwicht.com/Workers-Compensation/Preparing-for-an-Independent-Medical-Exam.shtml)
- [Vocational Rehabilitation](https://www.gillickwicht.com/workers-compensation/vocational-rehabilitation.shtml "Vocational Rehabilitation")
- [Toxic Exposure](https://www.gillickwicht.com/workers-compensation/toxic-exposure.shtml "Toxic Exposure")
- [Filing a Worker’s Compensation Claim](https://www.gillickwicht.com/workers-compensation "Filing a Worker’s Compensation Claim")
- [Scaffolding Accident](https://www.gillickwicht.com/Workers-Compensation/Scaffolding-Accident.shtml "Scaffolding Accident")
- [Legal Options for Construction Worker Injuries](https://www.gillickwicht.com/Workers-Compensation/Legal-Options-for-Construction-Worker-Injuries.shtml "Legal Options for Construction Worker Injuries")
## Frequent Worker’s Compensation Questions
You have a claim if you suffered a loss because of a job-related injury. This means that to get worker’s compensation, you have to show three things:
[Read More](https://www.gillickwicht.com/FAQs.shtml)
## Contact Gillick, Wicht, Gillick & Graf
Do not wait to call a lawyer. [Contact us online](https://www.gillickwicht.com/Contact.shtml) or call 414-257-2667 to schedule a free consultation.
---
### [Can I Be Compensated For Repetitive Stress Injuries?](https://www.gillickwicht.com/workers-compensation/can-i-be-compensated-for-repetitive-stress-injuries.shtml)
**Published:** January 31, 2018
**Author:** admin
**Content:**
## All Workplace Injuries Are Serious Injuries
Repetitive stress injuries can seriously affect a person’s quality of life. Most people don’t think of carpal tunnel and lower back injuries as “serious” injuries. Usually, head trauma, paralysis, and related injuries are considered more serious than repetitive stress injuries.
Any injury that prevents you from working is a serious injury because it could keep you from earning the income you need to provide for yourself and your family.
At Gillick, Wicht, Gillick & Graf, we can help. Our [worker’s compensation lawyers](https://www.gillickwicht.com/workers-compensation "worker’s compensation lawyers") represent clients in all aspects of their worker’s compensation claims. From our Milwaukee home office, we have been handling worker’s comp claims since 1948. With office hours throughout Wisconsin, we provide exceptional service and dedicated litigation for workers who have suffered repetitive stress injuries.
## Types Of Repetitive Stress Injuries
- **Back problems:** Many jobs involve heavy lifting, frequent stretching, and strain on the back or remaining in the same uncomfortable position for long periods of time. This often results in serious and debilitating back injuries. Even jobs that involve relatively light lifting can lead to serious back problems. If you are lifting a mere 20 pounds at a rate of three times per minute, that amounts to 144,000 pounds a week and 7,200,000 pounds per year, an extraordinary toll on the human body. Nurses, Certified Nurses Aides, and others in the medical profession are often called upon to lift people twice their size with some frequency. As a result, medical professionals are often afflicted with serious back problems.
- **Neck problems:** Office jobs that involve sitting at a desk in front of a computer for long periods of time are the most common jobs that cause neck problems. Other frequent causes of neck problems involve falls from heights as in construction accidents and frequent excessive vibration, as one would experience operating a jackhammer or similar equipment.
- **Knee and shoulder problems:** Knee and shoulder replacements are common today, often resulting from frequent ladder climbing, jobs requiring a lot of bending and stretching, and staying in awkward positions for extended times. Construction work, factory work, truck driving, and related occupations frequently lead to knee and shoulder problems.
These are just a few of the types of injuries people suffer from repetitive motions. Many people worry that their injuries might not have been caused exclusively from their work, so they neglect to file a claim. It is important to know that your job does not need to be the only factor causing your injuries. It only needs to be one contributing factor for you to be eligible for compensation.
Many repetitive stress injury cases occur later in workers’ careers. Often, a worker will be perfectly healthy, then late in their career or after retirement, they realize they are facing degenerative joint injuries or other serious complications. We can help you through the challenge of establishing the severity of your injuries and connecting them with your work so you can obtain the compensation you need.
## Related Topics
- - [What Should I Expect From The Worker’s Compensation Process?](https://www.gillickwicht.com/Workers-Compensation/What-Should-I-Expect-From-The-Workers-Compensation-Process.shtml)
- [What If My Worker’s Comp Claim Is Denied?](https://www.gillickwicht.com/Workers-Compensation/What-If-My-Workers-Comp-Claim-Is-Denied.shtml)
- [Can I Be Compensated For A Traumatic Workplace Injury?](https://www.gillickwicht.com/Workers-Compensation/Can-I-Be-Compensated-For-A-Traumatic-Workplace-Injury.shtml)
- [Can I Be Compensated For Repetitive Stress Injuries?](https://www.gillickwicht.com/Workers-Compensation/Can-I-Be-Compensated-For-Repetitive-Stress-Injuries.shtml)
- [What If I Am Permanently Disabled?](https://www.gillickwicht.com/Workers-Compensation/What-If-I-Am-Permanently-Disabled.shtml)
- [What Does Worker’s Compensation Pay?](https://www.gillickwicht.com/workers-compensation/what-does-workers-compensation-pay.shtml "What Does Worker’s Compensation Pay?")
- [Worker’s Compensation Wage Schedule](https://www.gillickwicht.com/workers-compensation/workers-compensation-wage-schedule.shtml "Worker’s Compensation Wage Schedule")
- [Permanent Partial Disability Schedule](https://www.gillickwicht.com/workers-compensation/permanent-partial-disability-schedule.shtml "Permanent Partial Disability Schedule")
- [Construction Site Accidents](https://www.gillickwicht.com/workers-compensation/construction-site-accidents.shtml "Construction Site Accidents")
- [Independent Medical Examinations](https://www.gillickwicht.com/Workers-Compensation/Independent-Medical-Examinations.shtml)
- [Workplace Illnesses](https://www.gillickwicht.com/workers-compensation/ilnnesses-in-the-workplace.shtml "Workplace Illnesses")
- [Common Job Site Accidents](https://www.gillickwicht.com/workers-compensation/common-job-site-accidents.shtml "Common Job Site Accidents")
- [Trucking and Professional Driver Injuries](https://www.gillickwicht.com/workers-compensation/trucking-and-professional-driver-injuries.shtml "Trucking and Professional Driver Injuries")
- [Worker’s Compensation Appeals](https://www.gillickwicht.com/workers-compensation/workers-compensation-appeals.shtml "Worker’s Compensation Appeals")
- [Preparing for an Independent Medical Exam](https://www.gillickwicht.com/Workers-Compensation/Preparing-for-an-Independent-Medical-Exam.shtml)
- [Vocational Rehabilitation](https://www.gillickwicht.com/workers-compensation/vocational-rehabilitation.shtml "Vocational Rehabilitation")
- [Toxic Exposure](https://www.gillickwicht.com/workers-compensation/toxic-exposure.shtml "Toxic Exposure")
- [Filing a Worker’s Compensation Claim](https://www.gillickwicht.com/workers-compensation "Filing a Worker’s Compensation Claim")
- [Scaffolding Accident](https://www.gillickwicht.com/Workers-Compensation/Scaffolding-Accident.shtml "Scaffolding Accident")
- [Legal Options for Construction Worker Injuries](https://www.gillickwicht.com/Workers-Compensation/Legal-Options-for-Construction-Worker-Injuries.shtml "Legal Options for Construction Worker Injuries")
## Frequent Questions
You have a claim if you suffered a loss because of a job-related injury. This means that[ to get worker’s compensation, you have to show three things](https://dwd.wisconsin.gov/wc/):
[Read More](/FAQs.shtml)
## Contact Gillick, Wicht, Gillick & Graf
Call us right away at 414-257-2667 or [contact us online](https://www.gillickwicht.com/Contact.shtml) to schedule a free consultation with an experienced lawyer from our firm. We take worker’s compensation claims on contingency, so you will not pay any attorney fees until we are successful.
---
### [Milwaukee Employment and Labor Lawyers](https://www.gillickwicht.com/employment-law-labor-law.shtml)
**Published:** January 30, 2018
**Author:** admin
**Content:**
## Milwaukee Employment Lawyers
Employment lawyers in Milwaukee also known as labor lawyers fight for worker’s rights. In this country, you have a right to a workplace that is safe and free from intimidation and discrimination. If you have been victimized by discrimination, sexual harassment, or any other violation in the workplace, make sure you work with labor lawyers who can protect your rights.
At Gillick, Wicht, Gillick & Graf, our Milwaukee employment lawyers have been serving Wisconsin workers from our Milwaukee office and remote office locations since 1948. Our labor lawyers help clients in labor and employment claims involving:
- **Discrimination:** An employer is legally prohibited from making hiring, firing, disciplinary, and advancement decisions based solely on matters of race, gender, age, ethnic background, religious convictions, sexual orientation, and other related categories.
- **Harassment:** The workplace is supposed to be safe and free from unwelcome sexual advances, inappropriate speech, and behavior, requests for sexual favors, and other forms of sexual harassment.
- **Wage and hour claims:** Employers are required to pay a fair wage in a timely fashion. Some employers misclassify employees as exempt, withhold wages, and commit other violations of employee rights.
- **Wrongful termination:** If an employer has fired you as a matter of discrimination or in retaliation for alerting the authorities about the employer’s illegal behavior, you have a wrongful termination claim.
- **Reasonable accommodations:** If you have suffered a work injury or are disabled in any way, your employer is required by law to provide you with reasonable accommodations to help you keep performing your work functions.
Our employment and labor lawyers represent clients throughout Wisconsin in all types of employment and labor law claims. Our Milwaukee employment law attorneys take the time to understand our clients’ situations and fight aggressively to protect their rights.
## Frequent Questions
You have a claim if you suffered a loss because of a job-related injury. This means that to get [worker’s compensation](https://dwd.wisconsin.gov/wc/), you have to show three things:
[Read More](/FAQs.shtml)
## Contact Gillick, Wicht, Gillick & Graf We Fight for Wisconsin Workers.
If you feel that your rights have been violated, a Milwaukee employment lawyer from our firm can help you protect your rights. Call us at 414-257-2667 or [contact us online](/Contact.shtml) to schedule a free consultation with an experienced attorney.
---
### [Oshkosh Worker’s Compensation Attorney](https://www.gillickwicht.com/about/oshkosh-workers-compensation-attorney.shtml)
**Published:** January 30, 2018
**Author:** admin
**Content:**
When you suffer a work-related injury, great financial responsibilities are likely to soon follow. Medical bills can pile up as you are unable to work and depending on your injury, you may require long-term care. There are instances when severe accidents occur that require you to take pain medications indefinitely or endure lengthy physical therapy sessions. An [Oshkosh worker’s compensation attorney](https://www.gillickwicht.com/workers-compensation "Worker’s Compensation Attorneys") can help you get the compensation you are entitled to by law.
## Worker’s Compensation Law
Employers in the private and public sectors are required to have worker’s compensation insurance in place for injured employees. However, insurance companies deny many employees who try to collect worker’s compensation benefits without legal representation. This can leave you to bear the brunt of the accompanying financial responsibilities. It is important to know that worker’s compensation laws in Wisconsin protect people who suffer complete and partial disability as a result of their work-related injury.
While some disabilities are temporary, others are permanent or persist for several years. Funds are available through worker’s compensation laws to assist individuals who suffer injuries that hinder their ability to perform their job duties. A knowledgeable attorney in Oshkosh can secure the necessary funds to help you make a seamless transition into a more fitting profession.
## How an Oshkosh Worker’s Compensation Attorney Can Help
Since most employers try to avoid claims, it is hard for injured workers to get compensation on their own. In some cases, the company will offer a direct settlement or cash payment to the employee to avoid filing a claim. Although a lump sum payment may sound tempting, the amount proposed is often not enough to pay for all long-term expenses.
Do not suffer any workplace injury without getting the compensation you deserve. Gillick, Wicht, Gillick & Graf attorneys have represented the injured worker since 1948 and will fight to secure sufficient compensation for your work-related injuries. We have also recovered Social Security Disability Insurance benefits for various injuries and disabilities. [Contact us today](https://www.gillickwicht.com/Contact.shtml) at 414-257-2667 to speak with an experienced Oshkosh worker’s compensation attorney.
## Frequent Questions
You have a claim if you suffered a loss because of a job-related injury. This means that to get worker’s compensation, you have to show three things:
[Read More ](https://www.gillickwicht.com/faqs.shtml)
---
### [Wauwatosa Worker’s Compensation Attorneys](https://www.gillickwicht.com/wauwatosa-worker-s-compensation-attorney.shtml)
**Published:** February 1, 2018
**Author:** admin
**Content:**
Our Wauwatosa worker’s compensation attorneys can assist you with making sure your claim is approved and if not, we can help you appeal. Accidents can happen anywhere and at any time. Unfortunately, some occur in the workplace while a person is performing his regular job duties. One would expect his place of employment to be a productive environment, where he has a chance of advancing within the company. However, when an employee sustains an injury or illness on the job, those objectives can quickly vanish. Suffering an on-the-job injury can be devastating and prevent one from earning a salary for an unknown period.
In Wisconsin, most workers assume that their employer will compensate them for their injuries sustained at work. Sadly, that doesn’t always happen as many companies deny worker’s compensation claims that their employees file. Anyone who experiences this issue should immediately get in contact with a Wauwatosa worker’s compensation attorney who can discuss their legal options.
#### Work-Related Accidents and Injuries
The [workers’ compensation system in Wisconsin](https://dwd.wisconsin.gov/dwd/publications/wc/WKC-7580.htm) is meant to protect employees when they are injured on the job or become sick due to their work duties. Whether a person works in the public or private sector, the majority of Wisconsin workers are entitled to file for worker’s compensation.
In most instances, a person who is injured on the job will require time off to receive adequate medical attention. They may also require additional time to fully recover from their condition. During this time, injured workers have a claim to have their medical expenses related to the work injury paid. They also have a claim to get paid a benefit while they are off of work. Once they are done healing, injured workers might also have a claim for compensation for permanent partial disability.
Common workplace injuries include:
- Repetitive motion injuries
- Automobile accident injuries
- Slips, trips, and falls
- Musculoskeletal injuries
### Call Our Wauwatosa Worker’s Compensation Attorneys
When you are injured on the job there is a good chance that your claim will get denied. This is precisely why you need a skilled Wauwatosa worker’s compensation lawyer on your side, working with you, and providing top-notch legal guidance. Your knowledgeable attorney can best position you to get the benefits you deserve.
Our Wauwatosa worker’s compensation attorneys with [Gillick, Wicht, Gillick & Graf](https://www.gillickwicht.com/workers-compensation "Worker’s Compensation Attorneys") can serve as your aggressive legal representation. We have represented injured Wisconsin workers for over 65 years and have also recovered Social Security Insurance for various disabilities and injuries. Contact us today at 414-257-2667 to speak with an experienced Wauwatosa worker’s compensation attorney.
---
### [Wisconsin Rapids Worker's Compensation Lawyers](https://www.gillickwicht.com/wisconsin-rapids-workers-compensation-lawyers.shtml)
**Published:** January 31, 2018
**Author:** admin
**Content:**
Wisconsin Rapids worker’s compensation lawyers can help you with your claim and if it is denied can file an appeal for you. Recovering from a serious injury or illness is a difficult process that is exponentially more difficult if the injury prevents you from going to work and paying off your debts, supporting your family, and leading a fulfilling quality of life. If you have been injured in your place of work while on duty, you could be entitled to worker’s compensation benefits in [Wisconsin Rapids](https://www.wirapids.org/).
Federal and state laws require nearly all workers in Wisconsin to carry insurance to cover such losses as medical bills, lost wages, and permanent partial disability yet many employees are unaware that these benefits are available to them. One such law is the Worker’s Compensation Act which protects both part-time and full-time employees who become injured. Both private and public-sector employers are subject to these laws and as such carry these types of benefits for their employees. If you are currently recovering from an injury, or have had your claim denied, an experienced and compassionate worker’s compensation lawyer can negotiate or appeal a claim on your behalf while protecting your interests each step of the way.
There are many types of injuries for which workers in Wisconsin are entitled to compensation by their employers. Injuries that cause both physical and mental harm may be covered, including injuries such as bruises, burns, and fractures. If you contracted an occupational disease like dermatitis, infection, tuberculosis, pneumonia, lead poisoning, or respiratory disease, you may also be eligible to receive worker’s compensation benefits. To find out if your particular injury is covered, speak with a knowledgeable worker’s comp attorney in Wisconsin Rapids.
Depending on the severity of your injury you may be entitled to benefits that cover all your damages. Key benefits may include temporary total disability, permanent partial disability, physical therapy, medical tests, prescription medications doctor’s visits, and hospitalization.
[Worker’s compensation attorneys at Gillick, Wicht, Gillick & Graf](https://www.gillickwicht.com/workers-compensation "Worker’s compensation") are ready to speak with you about your case. We have defended the rights of injured workers in Wisconsin Rapids for over 65 years. We are proud to represent Wisconsin’s injured workforce and have been “the injured worker’s law firm” since 1948. When you seek legal representation from us, you do not pay any legal fees until we win you a rewarding settlement. Call 414-257-2667 to start the process today.
## Frequent Questions for Wisconsin Rapids Worker’s Compensation Lawyers
You have a claim if you suffered a loss because of a job-related injury. This means that to get worker’s compensation, you have to show three things:
[Read More ](https://www.gillickwicht.com/faqs.shtml)
---
### [Sheboygan Worker's Compensation Lawyers](https://www.gillickwicht.com/sheboygan-workers-compensation-lawyer.shtml)
**Published:** January 30, 2018
**Author:** admin
**Content:**
Sheboygan worker’s compensation lawyers can help you with your claim. Hardship from a workplace injury can be difficult to manage considering all the issues that arise as soon as you get hurt. If your injury keeps you from returning to work, you are likely experiencing serious anxiety about the numerous hurdles that you face. A serious injury that prevents you from working can lead to a mountain of debt from medical bills to lost wages. It can even impact your emotional state and relationships with the people you love. In [Sheboygan, Wisconsin](https://www.sheboyganwi.gov/), nearly all workers are entitled to compensation when they are injured on the job.
Whether you work in the private or public sector, you are most likely entitled to workers’ compensation benefits for medical expenses, temporary total disability, and permanent partial disability. Injuries can occur in every type of workplace, and there are laws in place aimed at protecting workers’ rights that require employees in both the private and public sectors to provide for workers who suffer an injury in the workplace. Over 98% of Wisconsin workers are covered by the Worker’s Compensation Act.
Sheboygan worker’s compensation lawyers understand that during this trying time you may have many questions about the legal process and what benefits you may be entitled to. Many of our clients are victims of workplace injuries who do not fully understand their employee rights. Our team of Sheboygan worker’s compensation lawyers can lead you to secure the compensation you need to cover your medical expenses, lost wages, and permanent partial disability. We are dedicated to helping our clients navigate the entire workers’ compensation process and do what it takes to appeal denied claims.
Nearly all public and private employees working either full time or part-time in Sheboygan are covered by the Worker’s Compensation Act, which requires employers to cover injuries such as bruises, burns, fractures, cuts, crushing injuries, sprains, strains, amputations, paralysis, loss of hearing, loss of sight and disfigurement. Wisconsin’s worker’s’ compensation law also covers mental harm, accidental injuries, and occupational diseases.
Since 1948, the law firm of [Gillick, Wicht, Gillick & Graf](https://www.gillickwicht.com/workers-compensation "Worker’s Compensation Attorneys") has represented injured clients seeking workers’ compensation and Social Security Disability Insurance benefits for a wide range of injuries and disabilities. If you have suffered an injury in the workplace, call 414-257-2667 for a free consultation with our team of experienced Sheboygan workers’ compensation lawyers. When you work with us, you do not pay a fee until we win your case.
## Frequent Questions for Sheboygan Worker’s Compensation Lawyers
You have a claim if you suffered a loss because of a job-related injury. This means that to get worker’s compensation, you have to show three things:
[Read More ](https://www.gillickwicht.com/faqs.shtml)
---
### [Greenfield Worker's Compensation Attorneys](https://www.gillickwicht.com/about/greenfield-workers-compensation-attorney.shtml)
**Published:** January 30, 2018
**Author:** admin
**Content:**
Greenfield worker’s compensation attorneys help you get your claim accepted and get you the compensation you deserve when you are injured at work. Many complications can erupt from being injured at work. You may have to miss work for several months as a result of a serious injury. Throughout this time, you must still be able to afford the costs of living as well as the medical expenses associated with your recovery. If you have been injured at work in [Greenfield, Wisconsin](https://www.ci.greenfield.wi.us/), it is important to seek the help of experienced worker’s compensation attorneys to secure your losses and damages.
Numerous laws at the state level protect injured workers. Both public and private sector workers can apply for worker’s compensation benefits. Without the aid of an experienced worker’s compensation attorney, many individuals are denied appropriate compensation or unfairly denied outright.
## Common Work-Related Injuries
The [Greenfield worker’s compensation attorneys](https://www.gillickwicht.com/workers-compensation "Greenfield Worker’s Compensation Attorneys") at Gillick, Wicht, Gillick & Graf protect a broad range of employees in the state suffering from various workplace illnesses and injuries. This includes, but is not limited to, injuries sufficient enough to cause permanent or temporary disability. While a majority of Greenfield workers have access to worker’s compensation benefits, many of them are not aware that such benefits exist in the first place. Common work-related injuries include:
- Head injuries
- Back injuries
- Neck injuries
- Allergic reactions
- Repetitive use injuries
We understand that you must come up with a way to afford unexpected expenses as well as address existing financial responsibilities. It is our duty to help you recover losses through the state laws in place to protect your rights as an injured worker.
Under state law, employers must have worker’s compensation coverage for all employees. If your worker’s compensation claim is denied or you need help filing one, our dedicated worker’s compensation lawyers are ready to represent you immediately.
Do not suffer from any workplace injury without getting the compensation you deserve. Gillick, Wicht, Gillick & Graf attorneys have represented the injured worker since 1948 and will fight to ensure adequate compensation for your work-related injuries. We have also recovered Social Security Disability Insurance for various injuries and disabilities. Contact us today at 414-257-2667 to speak with an experienced Greenfield worker’s compensation attorney. There are no fees until we win your case.
## Frequent Questions for Greenfield Worker’s Compensation Attorneys
You have a claim if you suffered a loss because of a job-related injury. This means that to get worker’s compensation, you have to show three things:
[Read More ](https://www.gillickwicht.com/faqs.shtml)
---
### [Beloit Worker's Compensation Attorney](https://www.gillickwicht.com/about/beloit-workers-compensation-attorney.shtml)
**Published:** January 30, 2018
**Author:** admin
**Content:**
Our Beloit worker’s compensation attorneys will fight to get you the fair and just compensation you deserve if you are injured at work. When you went to work, the last thing you thought would happen is that you would suffer a work-related injury or illness. Workplace injuries happen more often than people think and leave many Americans unable to do their jobs for an extended period of time. In extreme cases, some injured workers are unable to return to their position due to the extent of their injuries.
These are both instances in which you should seek legal help. Our Beloit worker’s compensation attorneys from [Gillick, Wicht, Gillick & Graf](https://www.gillickwicht.com/workers-compensation "Worker’s Compensation Attorneys") can provide you with the representation you need to retrieve the compensation you deserve.
## Workplace Accidents & Injuries
There are [state and federal laws](https://dwd.wisconsin.gov/wc/workers/) in place that protect workers injured on the job, whether those injuries be physical or psychological. Worker’s compensation enables the injured worker to receive financial compensation for medical expenses, time off from work, and permanent partial disability. A large majority of Beloit workers have access to worker’s compensation benefits but may not be aware that they are entitled to them. Employees working both full or part-time in the public or private sector may be eligible.
You may have several questions about your claim at this time, such as how to prepare and document your claim, if your workplace will accept your claim, and what compensation you may ultimately obtain. Experienced Beloit worker’s compensation attorneys at Gillick, Wicht, Gillick & Graf can provide you with the legal guidance and representation you need.
We have represented the injured worker since 1948 and will fight to make sure that you are fully compensated for your work-related injuries. [Contact us today](https://www.gillickwicht.com/contact.shtml) at 414-257-2667 to speak with a Beloit worker’s compensation attorney who can make you aware of your legal options. You don’t pay us a dime until we win your case.
## Frequent Questions for Beloit Worker’s Compensation Attorneys
You have a claim if you suffered a loss because of a job-related injury. This means that to get worker’s compensation, you have to show three things:
[Read More ](https://www.gillickwicht.com/faqs.shtml)
---
### [SS Disability Law](https://www.gillickwicht.com/social-security-disability/ss-disability-law.shtml)
**Published:** January 30, 2018
**Author:** admin
**Content:**
## Social Security Disability Eligibility
- Title II
- Insured – paid into program while working – worked and contributed in five of the last ten years
- Must become disabled within five years of last employment
- Benefits to dependents
- Supplemental Security Income (SSI) – Title 19
- Welfare disability program
- Must have assets less than $2,000.00 – cash or anything that can be turned into cash.
## Determining Disability
- Inability to engage in any substantial gainful activity.
- Substantial gainful activity = earning $1,040.00 a month for 2013.
- Based on any medically determinable physical or mental impairment.
- Expected to last for a continuous period of not less than 12 months.
## Sequential Evaluation Process
- **Step one**– working.
- If the claimant is working and earning enough to be considered substantial gainful activity – the claimant cannot be found disabled.
- **Step two**– the impairment must be severe.
- Claimant must have an impairment that significantly limits their ability to do basic work activities.
- **Step three**– the listing of impairments.
- In order to be found disabled at step three, a claimant’s medical signs, findings, and symptoms must meet or equal one of the set of medical signs, findings, and symptoms found in the Listing of Impairments.
- The Listing of Impairments is a set of medical criteria for disability found in the social security disability regulations.
- If a claimant meets or equals the Listing, they are found disabled and there is no inquiry into their ability to do past work or other work.
- **Step four**– Past relevant work.
- To be found disabled, it must be proven that the claimant is incapable of doing any work that he or she has performed in the last 15 years.
- **Step five**– Other work.
- To be found disabled, the claimant must prove an inability to do other work that exists in significant numbers in the economy.
- Determination based on claimant’s remaining work capacity, age, education, and work experience.
- The Medical-Vocational Guidelines (grids) helpful in making this determination.
- The [Medical-Vocational Guidelines](https://www.govinfo.gov/content/pkg/CFR-2014-title20-vol2/pdf/CFR-2014-title20-vol2-part404-subpartP-app2.pdf) provide that the older a claimant is, the easier it is to be found disabled.
## The Social Security Disability Process
**Five Steps**
- Initial Application – In person, phone, internet, mail.
- If denied – APPEAL
- Reconsideration
- If denied – APPEAL
- Hearing in front of an Administrative Law Judge
- Appeals Council
- Federal Court Review
- How to prove disability to ALJ
- All about limitations
- Specific Medical reports
- Vague reports are not helpful
- Fit claimant into definition of disability for age group
- Easier standards as you get older
- Under 50 – Limited to less than sedentary
- 50 – 54 – Limited to sedentary
- 55 – 59 – Limited to light
- 60 – 64 – Limited to medium
**Milwaukee Workmans Compensation \| Workers Comp Milwaukee Lawyer \| Milwaukee Workers Compensation Attorney \| Workmans Compensation Milwaukee**
## Related Topics
- [Am I Eligible For SSDI Benefits?](https://www.gillickwicht.com/social-security-disability/am-i-eligible-for-ssdi-benefits.shtml "Am I Eligible For SSDI Benefits?")
- [What If My SSDI Claim Has Been Denied?](https://www.gillickwicht.com/social-security-disability/what-if-my-ssdi-claim-has-been-denied.shtml "What If My SSDI Claim Has Been Denied?")
- [SS Disability Law](https://www.gillickwicht.com/social-security-disability/ss-disability-law.shtml "SS Disability Law")
## Frequent Questions
You have a claim if you suffered a loss because of a job-related injury. This means that to get worker’s compensation, you have to show three things:
[Read More ](https://www.gillickwicht.com/faqs.shtml)
---
### [What If My SSDI Claim Has Been Denied?](https://www.gillickwicht.com/social-security-disability/what-if-my-ssdi-claim-has-been-denied.shtml)
**Published:** January 30, 2018
**Author:** admin
**Content:**
If you are asking this question, you are certainly not alone. In fact, many claims for Social Security Disability Insurance (SSDI) are denied upon the initial application. The good news is that there is still hope to receive the benefits you need.
Talk with an experienced [social security disability attorney from our firm](https://www.gillickwicht.com/social-security-disability "Social Security Disability Attorney"). At Gillick, Wicht, Gillick & Graf, we have more than 65 years of experience focusing on helping workers obtain compensation and benefits. We have our home office in Milwaukee, and we take regular office hours throughout the state of Wisconsin.
## Fighting For Your Benefits After A Denied SSDI Claim
Whenever possible, it is best to work with an experienced team of SSDI lawyers before filling out the initial application for benefits. We can use our knowledge and experience to help you minimize the chances of a denied SSDI claim. However, if you have already been denied Social Security Disability Insurance, we help you through every step of the process:
- **Reconsideration:** The first step is called reconsideration. As the name implies, the application is reconsidered by a claims examiner.
- **Hearing:** If your claim was denied on reconsideration, we can request an official hearing with an administrative law judge. This hearing is an opportunity to provide new evidence and clarify information on the initial application. The hearing is similar to a courtroom trial in that there are witnesses and medical expert testimony taken into consideration.
- **Appeal:** If your claim is denied on reconsideration, we can file an official appeal with the Social Security Appeal Council. The council has the option of deciding on your case or handing it back to an administrative law judge with instructions for further review.
- **Federal court:** If all else fails in the appeals process, there is an option for taking your case to the [federal court](https://www.ssa.gov/appeals/court_process.html) for another review.
Clearly, Social Security Disability appeals involve a number of steps. Our lawyers are experienced in every stage of the process. If you have received a denial of your SSDI claim, we can help.
## Related Topics
- [Am I Eligible For SSDI Benefits?](https://www.gillickwicht.com/social-security-disability/am-i-eligible-for-ssdi-benefits.shtml "Am I Eligible For SSDI Benefits?")
- What If My SSDI Claim Has Been Denied?
- [SS Disability Law](https://www.gillickwicht.com/social-security-disability/ss-disability-law.shtml "SS Disability Law")
## Frequent Questions
You have a claim if you suffered a loss because of a job-related injury. This means that to get worker’s compensation, you have to show three things:
[Read More](/FAQs.shtml)
## Contact Gillick, Wicht, Gillick & Graf
There are no fees unless we win your case. Call us at 414-257-2667 or [contact us online](https://www.gillickwicht.com/Contact.shtml) to schedule a free consultation.
---
### [George F. Graf](https://www.gillickwicht.com/about/george-f-graf.shtml)
**Published:** January 30, 2018
**Author:** admin
**Content:**
### Retired
**Location**: Milwaukee, Wisconsin
**Phone**: 414-257-2667
**Fax**: 414-257-9297
**Email**: [Email Me](mailto:ggraf@gillickwicht.com)
**George F. Graf** is a partner and a resident in our [Brookfield location](https://www.gillickwicht.com/about/brookfield-worker-s-compensation-attorney.shtml). He is a member of the American Bar Association and its Employment and Labor Law Section. He is also a former chairman of the Labor Law Section for the State Bar of Wisconsin. He earned his bachelor’s and law degrees at Marquette University where he was editor of the Law Review. He was born in Milwaukee in 1937.
### Areas of Practice
- Labor Law
### Honors and Awards
- Best Lawyers in America
## Frequent Questions
You have a claim if you suffered a loss because of a job-related injury. This means that to get worker’s compensation, you have to show three things:
[Read More ](https://www.gillickwicht.com/FAQs.shtml "Read More")
---
### [Patrick Gillick](https://www.gillickwicht.com/about/patrick-gillick.shtml)
**Published:** January 30, 2018
**Author:** admin
**Content:**
### Retired
**Location**: Milwaukee, Wisconsin
**Phone**: 414-257-2667
**Fax:** 414-257-9297
**Email:** [Email Me](mailto:pgillick@gillickwicht.com)
**Patrick J. Gillick** is a member of the Milwaukee Bar Association, State Bar of Wisconsin, Wisconsin Academy of Trial Lawyers, and American Board of Trial Advocates. He earned his bachelor’s and master’s degrees at St. Louis University and his law degree at Marquette University. He speaks French and was born in Milwaukee in 1952.
### Areas of Practice
- [Worker’s Compensation](https://www.gillickwicht.com/workers-compensation "Worker’s Compensation")
- [Social Security — Disability](https://www.gillickwicht.com/social-security-disability "Social Security -- Disability")
- Employment Law
### Bar Admissions
- Wisconsin, 1984
### Education
- Marquette University Law School, Milwaukee, Wisconsin
- J.D., Doctor of Jurisprudence – 1984
- St Louis University, St Louis, Missouri
- B.A., Bachelor of Arts *magna cum laude* – 1975
- St Louis University, St Louis, Missouri
- M.A., Master of Arts – 1976
## Frequent Questions
You have a claim if you suffered a loss because of a job-related injury. This means that to get worker’s compensation, you have to show three things:
[Read More ](https://www.gillickwicht.com/FAQS.shtml "Read More")
---
### [Blog](https://www.gillickwicht.com/blog.shtml)
**Published:** January 29, 2018
**Author:** admin
---
### [West Allis Worker’s Compensation Lawyer](https://www.gillickwicht.com/about/west-allis-worker-s-compensation-lawyer.shtml)
**Published:** January 30, 2018
**Author:** admin
**Content:**
Wisconsin workers can sustain an injury whenever they are at work. A majority of work-related injuries are physical, but there are also instances when employees contract an illness from toxic exposure. Such ailments can have serious repercussions and require extensive medical attention. In the most severe cases, injured workers are unable to return to work due to their injuries and are left with minimal financial resources.
Sustaining an injury at work can be worrisome, but you may be comforted by thinking that your employer will accurately compensate you. This is not always the case. Companies often deny injured employees their worker’s compensation benefits. A common claim is that the injuries were pre-existing and did not come as a result of work duties. If you are denied worker’s compensation after suffering a work-related injury, it is vital that you seek legal representation from a West Allis worker’s compensation lawyer.
## Workplace Accidents & Injuries
Wisconsin state laws cover acquired illnesses and physical injuries alike. Such laws allow employees of the private and public sector who may work full or part-time to obtain compensation. Many [West Allis](https://www.westalliswi.gov/) workers are ill-informed about worker’s compensation benefits and don’t even attempt to file a claim. Failing to do so leaves the injured worker fully responsible for paying for treatment and requesting time off to treat the injury, which may not be granted.
The most harrowing of injuries are those that require extensive treatment. Not only can treatment be costly, but recovery may require days — even weeks — away from work. Worker’s compensation laws are in place to provide you with financial support during this painful time. There is also coverage available for partial and total disability for temporary and permanent injuries in the form of disability payments.
Workplace injuries commonly come in the form of:
- Auto accident injuries
- Acquired illnesses
- Musculoskeletal injuries
- Repetitive motion injuries
- Traumatic brain injuries
You may have questions regarding eligibility and how to go about filing a worker’s compensation claim. A West Allis worker’s compensation attorney can answer all of your questions and pursue legal action on your behalf.
The experienced worker’s compensation attorneys at Gillick, Wicht, Gillick & Graf can help you recover the compensation you are entitled to by law. You need a team of attorneys who will aggressively seek maximum compensation for your work-related injuries. We have represented injured Wisconsin workers for over 65 years and have also recovered Social Security Insurance for various disabilities and injuries. Contact us today at 414-257-2667 to speak with an experienced West Allis worker’s compensation attorney.
## Frequent Questions for Our West Allis Worker’s Compensation Lawyer
You have a claim if you suffered a loss because of a job-related injury. This means that to get worker’s compensation, you have to show three things:
[Read More ](https://www.gillickwicht.com/faqs.shtml)
---
### [Menomonee Falls Worker’s Compensation Attorneys](https://www.gillickwicht.com/about/menomonee-falls-worker-s-compensation-attorney.shtml)
**Published:** January 30, 2018
**Author:** admin
**Content:**
Workplace injuries are surprisingly common. Unfortunately, when you suffer an injury on the job, you might require medical treatment that keeps you from working while you recover. Your everyday bills continue to accrue as you recover from your injuries, and you may struggle to afford daily expenses.
In many cases, the business will try to deny the worker’s compensation claim to avoid paying the associated bills. These situations give the injured worker grounds for seeking legal counsel from an experienced attorney. The Menomonee Falls worker’s compensation attorneys at Gillick, Wicht, Gillick & Graf can help you secure fair and just compensation for your workplace accident.
## Workplace Injuries and Accidents
Wisconsin’s worker’s compensation statutes are written to protect injured employees. They help assure that you can receive compensation for illnesses and injuries sustained on the job. The majority of Wisconsin workers are covered under these laws, which apply to everyone from office to construction site workers.
You may be legally entitled to receive compensation for work injures such as back, neck, and shoulder injuries. These laws also cover more severe types of injuries including traumatic brain injuries. Should you happen to become fully or even partially disabled as a result of a workplace accident, you may be covered by temporary or permanent disability payments.
Although few are aware, roughly [98% of Menomonee Falls’ workers are covered](https://dwd.wisconsin.gov/wc/workers/) by worker’s compensation laws in Wisconsin. Workers have received compensation for injuries resulting from fallen objects, malfunctioning equipment, and exposure to toxic substances. The extent of their injuries included:
- Allergic reaction
- Broken bones
- Back injuries
- Head injuries
- Neck injuries
If these or any similar conditions apply to you, you should not be held responsible for paying the costs incurred as a result of enduring a work-related injury. Under the Worker’s Compensation Act, injured workers in both the private and public sectors may be entitled to compensation whether they work full-time or part-time.
The experienced attorneys of Gillick, Wicht, Gillick & Graf can fight to help you recover the compensation you’re legally entitled to. We have represented Wisconsin workers for more than 65 years and have successfully recovered Social Security Insurance disability payments for a varieties worker. [Contact us at 414-257-2667 for a free case evaluation](https://www.gillickwicht.com/Contact.shtml). You won’t pay us a dime until we win your case.
## Frequent Questions for Our Menomonee Falls Worker’s Compensation Attorneys
You have a claim if you suffered a loss because of a job-related injury. This means that to get worker’s compensation, you have to show three things:
[Read More ](https://www.gillickwicht.com/faqs.shtml)
---
### [New Berlin Worker’s Compensation Attorneys](https://www.gillickwicht.com/about/new-berlin-worker-s-compensation-attorney.shtml)
**Published:** January 30, 2018
**Author:** admin
**Content:**
Our New Berlin worker’s compensation attorneys can help you get the compensation you deserve and appeal if your claim is denied. Injuries can occur anywhere and to anyone, even to employees while on the job. All workers face the risk of sustaining an injury at work. When an injury occurs, it can cause considerable physical damage and financial hardship, leading the victim to be unable to work for a lengthy period. In some cases, the individual may be left permanently unable to work due to the severity of their injuries. It’s important to know the details of workers’ compensation and what your legal options are if an employer denies you benefits.
## Worker’s Compensation Law
Wisconsin has specific laws in place to protect workers who sustain injuries on the job. [Worker’s compensation laws](https://dwd.wisconsin.gov/wc/workers/) are in place to assist employees of the private and public sector who work part- and full-time.
Those who sustain work-related injuries will likely require medical attention. While they recuperate from their injuries away from work, funds to afford bills and daily expenses may be difficult to allocate. Worker’s compensation benefits are in place to cover both partial and total disabilities for temporary and permanent injuries. New Berlin worker’s compensation attorneys are here to ensure that injured workers receive the compensation they’re entitled to.
## What Kind of Injuries Occur in the Workplace?
Numerous injuries may occur as a result of hazardous workplace conditions. These injuries include:
- Repetitive motion injuries
- Automobile accident injuries
- Musculoskeletal injuries
- Slips, trips, and falls
## Filing a Workers’ Compensation Claim With New Berlin Worker’s Compensation Attorneys
Employees who sustain injuries while performing work duties have a right to file a worker’s compensation claim with their employer. It is common to have more questions than answers when pursuing worker’s compensation benefits. Many people have no idea how to go about preparing the necessary documents to support their claim or even if their employer will accept the claim at all. Our New Berlin worker’s compensation attorneys can make you aware of your legal options as an injured worker in Wisconsin.
Gillick, Wicht, Gillick & Graf has represented the injured worker since 1948 against employers who unjustly deny worker’s compensation benefits. They will often do so to avoid claiming fault for your injuries or because they lack the necessary insurance to compensate you. In either case, a New Berlin worker’s compensation attorney can help you secure adequate compensation for your injuries and the associated financial losses. [Contact us](https://www.gillickwicht.com/Contact.shtml) today at 414-257-2667 for a free case evaluation.
---
### [Permanent Partial Disability Schedule](https://www.gillickwicht.com/workers-compensation/permanent-partial-disability-schedule.shtml)
**Published:** January 31, 2018
**Author:** admin
**Content:**
The Permanent Partial Disability Schedule in Wisconsin
- (1)The loss of an arm at the shoulder, 500 weeks;
- (2) The loss of an arm at the elbow, 450 weeks;
- (3) The loss of a hand, 400 weeks;
- (4) The loss of a palm where the thumb remains, 325 weeks;
- (5) The loss of a thumb, and the metacarpal bone thereof, 160 weeks;
- (6) The loss of a thumb at the proximal joint, 120 weeks;
- (7) The loss of a thumb at the distal joint, 50 weeks;
- (8) The loss of all fingers on one hand at their proximal joints, 225 weeks;
- (9) Losses of fingers on each hand as follows:
- (a) An index finger and the metacarpal bone thereof, 60 weeks;
- (b) An index finger at the proximal joint, 50 weeks;
- (c) An index finger at the second joint, 30 weeks;
- (d) An index finger at the distal joint, 12 weeks;
- (e) A middle finger and the metacarpal bone thereof, 45 weeks;
- (f) A middle finger at the proximal joint, 35 weeks;
- (g) A middle finger at the second joint, 20 weeks;
- (h) A middle finger at the distal joint, 8 weeks;
- (i) A ring finger and the metacarpal bone thereof, 26 weeks;
- (j) A ring finger at the proximal joint, 20 weeks;
- (k) A ring finger at the second joint, 15 weeks;
- (l) A ring finger at the distal joint, 6 weeks;
- (m) A little finger and the metacarpal bone thereof, 28 weeks;
- (n) A little finger at the proximal joint, 22 weeks;
- (o) A little finger at the second joint, 16 weeks;
- (p) A little finger at the distal joint, 6 weeks;
- (10) The loss of a leg at the hip joint, 500 weeks;
- (11) The loss of a leg at the knee, 425 weeks;
- (12) The loss of a foot at the ankle, 250 weeks;
- (13) The loss of the great toe with the metatarsal bone thereof, 83 1/3 weeks;
- (14) Losses of toes on each foot as follows:
- (a) A great toe at the proximal joint, 25 weeks;
- (b) A great toe at the distal joint, 12 weeks;
- (c) The second toe with the metatarsal bone thereof, 25 weeks;
- (d) The second toe at the proximal joint, 8 weeks;
- (e) The second toe at the second joint, 6 weeks;
- (f) The second toe at the distal joint, 4 weeks;
- (g) The third, fourth or little toe with the metatarsal bone thereof, 20 weeks;
- (h) The third, fourth or little toe at the proximal joint, 6 weeks;
- (i) The third, fourth or little toe at the second or distal joint, 4 weeks;
- (15) The loss of an eye by enucleation or evisceration, 275 weeks;
- (16) Total impairment of one eye for industrial use, 250 weeks;
- (17) Total deafness from accident or sudden trauma, 330 weeks;
- (18) Total deafness of one ear from accident or sudden trauma, 55 weeks.
You can verify these at[ https://dwd.wisconsin.gov/wc/medical/ppd-schedule.htm](https://dwd.wisconsin.gov/wc/medical/ppd-schedule.htm)
## Related Topics
- [What Should I Expect From The Workers’ Compensation Process? ](https://www.gillickwicht.com/Workers-Compensation/What-Should-I-Expect-From-The-Workers-Compensation-Process.shtml)
- [What If My Workers’ Comp Claim Is Denied?](https://www.gillickwicht.com/Workers-Compensation/What-If-My-Workers-Comp-Claim-Is-Denied.shtml)
- [Can I Be Compensated For A Traumatic Workplace Injury? ](https://www.gillickwicht.com/Workers-Compensation/Can-I-Be-Compensated-For-A-Traumatic-Workplace-Injury.shtml)
- [Can I Be Compensated For Repetitive Stress Injuries? ](https://www.gillickwicht.com/Workers-Compensation/Can-I-Be-Compensated-For-Repetitive-Stress-Injuries.shtml)
- [What If I Am Permanently Disabled? ](https://www.gillickwicht.com/Workers-Compensation/What-If-I-Am-Permanently-Disabled.shtml)
- [What Does Workers’ Compensation Pay?](https://www.gillickwicht.com/Workers-Compensation/What-Does-Workers-Compensation-Pay.shtml)
- [Workers’ Compensation Wage Schedule](https://www.gillickwicht.com/Workers-Compensation/Workers-Compensation-Wage-Schedule.shtml)
- [Permanent Partial Disability Schedule](https://www.gillickwicht.com/Workers-Compensation/Permanent-Partial-Disability-Schedule.shtml)
- [Construction Site Accidents](https://www.gillickwicht.com/Workers-Compensation/Construction-Site-Accidents.shtml)
- [Independent Medical Examinations](https://www.gillickwicht.com/Workers-Compensation/Independent-Medical-Examinations.shtml)
- [Workplace Illnesses](https://www.gillickwicht.com/Workers-Compensation/Ilnnesses-In-The-Workplace.shtml)
- [Common Job Site Accidents](https://www.gillickwicht.com/Workers-Compensation/Common-Job-Site-Accidents.shtml)
- [Trucking and Professional Driver Injuries](https://www.gillickwicht.com/Workers-Compensation/Trucking-and-Professional-Driver-Injuries.shtml)
- [Worker’s Compensation Appeals](https://www.gillickwicht.com/Workers-Compensation/Workers-Compensation-Appeals.shtml)
- [Preparing for an Independent Medical Exam](https://www.gillickwicht.com/Workers-Compensation/Preparing-for-an-Independent-Medical-Exam.shtml)
- [Vocational Rehabilitation](https://www.gillickwicht.com/Workers-Compensation/Vocational-Rehabilitation.shtml)
- [Toxic Exposure](https://www.gillickwicht.com/Workers-Compensation/Toxic-Exposure.shtml)
- [Filing a Worker’s Compensation Claim](https://www.gillickwicht.com/Workers-Compensation)
- [Scaffolding Accident](https://www.gillickwicht.com/Workers-Compensation/Scaffolding-Accident.shtml)
- Legal Options for Construction Worker Injuries
## Frequent Questions
You have a claim if you suffered a loss because of a job-related injury. This means that to get worker’s compensation, you have to show three things:
[Read More ](https://www.gillickwicht.com/faqs.shtml)
---
### [Remote Office Locations](https://www.gillickwicht.com/Remote-Office-Locations.shtml)
**Published:** January 30, 2018
**Author:** admin
**Content:**
### We travel to the below locations on a regular basis, but we also handle cases throughout the state of Wisconsin.
---
**Sheboygan: Emil Mazey Hall**
5425 Superior Avenue. Sheboygan, WI 53083
We are there every 1st Wednesday of every month – between 1-4 pm.
---
**Oshkosh: Local 578**
2920 Oregon St. Oshkosh, WI 54902
We are there every 2nd Thursday of every month – between 1 -4 pm.
---
**Green Bay: Green Bay Labor Temple**
1570 Elizabeth St. Green Bay, WI 54302
We are there every 3rd Tuesday of every month – between 10am – 1pm.
---
**Two Rivers: Carpenter’s Union**
1614 Washington St. Two Rivers, WI 54241
We are there every 3rd Tuesday of every month – between 2pm – 4pm.
---
**Wisconsin Rapids: Labor Hall**
220 Johnson St. Wisconsin Rapids, WI 54495
We are there every 3rd Friday of every month – between 9am – noon.
---
**Wausau: Wausau Labor Temple**
317 S. Third Ave. Wausau, WI 54401
We are there every 3rd Friday of every month – between 1 – 4 pm.
## Frequent Questions
You have a claim if you suffered a loss because of a job-related injury. This means that to get worker’s compensation, you have to show three things:
[Read More ](https://www.gillickwicht.com/faqs.shtml)
---
### [Testimonials](https://www.gillickwicht.com/Testimonials.shtml)
**Published:** January 29, 2018
**Author:** admin
---
### [Attorneys](https://www.gillickwicht.com/attorneys.shtml)
**Published:** January 29, 2018
**Author:** admin
---
### [Michael Gillick](https://www.gillickwicht.com/About/Michael-Gillick.shtml)
**Published:** January 30, 2018
**Author:** admin
**Content:**
### Commissioner of the Labor & Industry Review Commission (LIRC)
**Attorney Michael Gillick** was a partner at Gillick, Wicht, Gillick & Graf where he represented injured workers in worker’s compensation and related claims. Michael was recently appointed to be a Commissioner of the Labor & Industry Review Commission.
---
### [Contact](https://www.gillickwicht.com/Contact.shtml)
**Published:** January 29, 2018
**Author:** admin
---
### [Faq’s](https://www.gillickwicht.com/FAQs.shtml)
**Published:** January 29, 2018
**Author:** admin
**Content:**
Do I have a claim for worker’s compensation?
You have a claim if you suffered a loss because of a job-related injury.
This means that, to get worker’s compensation, you have to show three things:
First, you have to show that you were injured in the course of your employment – that is, that you were working when you were hurt. For most employees, their work starts the second they drive on to the employer’s premises or parking lot, and work ends when they leave. If you are traveling for the employer, you are covered during the entire trip. If you engage in horseplay at work, you are not in the course of your employment. At all other times, you are.
Second, you must show that your injury happened because of work. Either the work directly caused the injury, or it aggravated some pre-existing condition, or it contributed in some material fashion to the progression of your condition. The mere fact that you were at work when your injury happened is not enough – you must show that the work contributed to the injury.
Third, you must show that you have sustained a loss. This means that you must show that you lost time from work or had some permanent disability or disfigurement. Workers have injuries every day, but to have a claim, you must have sustained either a wage loss or a permanent loss of function so that you have something to claim.
If the employer or insurance company has denied your claim, what they are probably saying is that you have failed to prove one of those elements. If that has happened, contact us and we will identify the problem for you and see if we can help.
What do I get?
During the time you are off of work and healing from your injury, you will get two thirds (2/3) of your gross weekly wage up to a certain maximum (see chart). This is called the temporary disability benefit. No temporary disability is paid for the first three days after your injury. If you are off of work for more than seven days, you will then get the first three days paid. You will get temporary disability for as long as the doctors say you are healing. If you return to part-time work or less paying work during this healing time, you will receive two thirds of the wages you are losing. There is no limit on how long this healing period may last. It is up to the doctors to determine when you reach the end of your healing.
In addition to temporary disability the insurance company should pay all of your medical bills which are related to your work injury. You should also get mileage expense during your treatment.
When you reach the end of your healing time your doctor will decide if you have any permanent damage from your injury. The doctor must give you a percentage (%) of disability on the injured part of your body. The state has a chart which explains how much each part of your body is worth. You get paid a set number of weeks of permanent disability money for each part of your body.
Permanent injuries to your back, head, neck, skin or lungs are paid differently. With those injuries you may make a claim for more money if the doctor restricts you from going back to your job. Generally, the insurance company will not voluntarily pay you this extra money for your future wage loss. You should call us to see if you might have a claim for this additional money.
If you cannot go back to your job because of your injury, you may have the right to go to school to be retrained. The insurance company should pay you temporary disability every week you are in school. You must get this schooling done through the State’s Division of Vocational Rehabilitation. If you cannot go back to work you, should contact the DVR immediately or call us and we will help you with that claim.
If your injury makes you unable to work anywhere in the future you will be 100% totally and permanently disabled. You will then get two thirds (2/3) of your weekly wage for the rest of your life. Again, this life time money benefit is rarely paid voluntarily by the insurance company. If you are unable to return to work call us to see if you might be able to make a claim for this life time money benefit.
None of the money you receive from worker’s compensation is taxable. You do not need to report your worker’s compensation money when filing taxes. In addition, you have twelve years from the last day that you received any worker’s compensation money to file a claim for more benefits. If you are not sure that you have been paid properly from the insurance company, please contact us and we will be glad to help you.
Who decides what I get?
If you lose time because of a work-related injury, the insurance company is required by law to pay you two-thirds of your wage loss. The insurance company (or self-insured employer) pays you based on the information they receive about your wage. Many times, this information is incorrect, and you should be sure that they are using your actual wage. If they are not, you can ask for a hearing. It is the Wisconsin Worker’s Compensation Division that has the final say on your actual loss.
If you have permanent disability, the insurance company (or self-insured employer) is required by law to pay you in accordance with the medical evidence. Very often we find that, when your doctor finds that you have a permanent disability, the insurance company will send you to a doctor of its choosing to see if its doctor will find less disability or even no disability at all. The insurance company almost always pays the least possible amount.
If you have a permanent disability from work, and the insurance company has sent you to a doctor of its choosing, the chances are great that they are paying you less than you have coming. Again, a Worker’s Compensation judge has the final say in your case. If this happens to you, contact us and we will let you know if you have more coming.
Should I cooperate with the insurance company and the employer?
Yes, in general, you should cooperate with the insurance company and the employer when you have a work-related injury. You should report your injury as soon as possible to your employer. Your employer should then contact its worker’s compensation insurance company. The insurance company will contact you and ask you the details of your injury. You should cooperate by telling them the details of your injury. However, never give a recorded statement to the insurance company or your employer, and never sign any statements that you have given. Even if the insurance company tells you that you will receive no money unless you record or sign the statement, you should not do so. They have no right to not pay you simply because you did not sign or record a statement. The only paper you should sign is an authorization for the insurance company to look at your medical records. They have a right to see your medical records and you should sign that authorization.
Do I have to go to their doctor?
You have the right to go the doctor of your choice for treatment. You should tell the insurance company what doctor you have chosen. If the insurance company wants to send someone to go with you to your doctor’s appointment you should refuse to let them. You do not have to let anyone else come in to your doctor’s office while you are being treated.
After you are done healing from your injury, you should cooperate with the employer and the insurance company as they try to get you back to work. If the employer offers you a job within the restrictions of a doctor, you should go try the job. If you cannot go back to work for your employer, the insurance company may hire someone to help you find a job. You should cooperate with them in trying to get you back to work. However, at the same time, you should contact the Division of Vocational Rehabilitation to ask their assistance in helping you find a job as well.
You have the right to be treated for your work-related injury by any doctor in the State of Wisconsin. If you are not happy with your first doctor, you have the right to go to a second doctor.
You must tell the insurance company that you are going to the second doctor. Any further choice of doctors must be approved by the insurance company.
The employer and the insurance company have no right to tell you where you must be treated. If you are hurt and the employer tells you must be treated by a certain doctor in order to make a worker’s compensation claim your employer is violating the law. Only in case of emergency may your employer decide where you will be treated. Other than that, you have complete choice of the doctors who treat you.
The insurance company has the right to have you seen by one of its doctors. This insurance company doctor does not have the right to treat you, but only to examine you for the insurance company. You do not pay for this exam and the insurance company must pay you mileage to get the exam. Again, the doctor who examines you does not have the right to treat you. You do not need to follow the orders of the insurance company doctor, but simply be examined by the doctor. You should answer the doctor’s questions honestly, but do not volunteer any information without being asked for it.
The insurance company will probably follow the recommendations of its doctor. That is, it will follow the opinions of its doctor rather than your doctor concerning your work injury. That may mean that the insurance company will stop paying you money based on its doctor’s opinion even if your doctor still has you off of work. The insurance company has the right to follow its doctor’s opinion. If this happens to you, please call us so that we can let you know what rights you have.
What do I do if they deny my claim?
If the insurance company or self-insured employer pays you less then you have coming or denies the claim altogether, you have the right to file for a hearing with the State of Wisconsin Workers Compensation Division. At that hearing, you will have to present competent medical testimony and perhaps other evidence to prove your case. A Workers Compensation judge provided by the State of Wisconsin will examine your evidence and the evidence provided by the lawyers for the insurance company, and will decide your case based on all the evidence.
We have found that, when the insurance company denies a claim, it hires the best and most experienced lawyers it can to defend it at the hearing. You should do the same. If your claim is denied, or you think you have more coming, contact us and we will try to help you in every way we can.
Do I need a lawyer?
The Worker’s Compensation Law does not require an attorney to represent an injured worker at a hearing. If the only dispute is a minor one such as one or two days of compensation or the payment of medical and/or chiropractic bill, then an attorney may not be necessary. If an injured worker applies for a hearing without an attorney, the Worker’s Compensation Division will schedule an informal conference where no testimony is taken and no decision is made, but a Judge tries to work out the differences between the parties on an agreed upon basis.
Sometimes major disputes arise such as: Is there permanent disability? How much permanent disability is there? Is retraining necessary? Has the employer/insurance carrier completely denied the claim? In these types of disputes, a lawyer who concentrates his or her practice in the area of workers’ compensation is not only helpful, but truly a necessity. Think of the need for an attorney in these situations the same way you would think of skilled tradesmen in other situations. You don’t need an electrician to change your light bulb, but you surely need one to bring in a 220 line. You don’t need a plumber to change a washer, but you don’t want to hook up a septic system without one.
If you decide to look for an attorney, look for one who represents only injured workers in workers’ compensation and one who concentrates his or her practice in that area.
Remember, an attorney may not charge more than 20% of the compensation which is in dispute. That means any amount of money that the employer/insurance carrier is paying on a voluntary basis cannot be subject to an attorney fee. Only if the attorney gets you more money than the employer/insurance carrier has agreed to pay, can an attorney charge a fee. If you contact an attorney that agrees to review your case, but wants money up front for investigation, you are in the wrong office. Our firm will always answer questions concerning your rights under the Worker’s Compensation Law. We do not charge a fee until YOU GET PAID.
What if they don’t have a job for me?
Losing your job because of a work-related injury is a devastating and frightening thing, but the fact is that it can happen. If it happens to you, there are several things you can do about it.
If you lost your job because your injury has left you unable to work anywhere, you have a right to claim permanent total disability. In addition, you would have the right to claim social security disability benefits. These are very difficult claims, and the insurance companies rarely pay them without a big fight. If you think you have such a claim, call us right away.
If you lost your job because of your injury, but feel that you can do some other work, you may be eligible for retraining. If so, you can receive two-thirds of your wages while you are being retrained. To get this, you first need to contact the local office of the Division of Vocational Rehabilitation. The DVR counselors are always ready to help, but the process can be complicated, and the insurance companies often fight such claims. Again, call us and we will let you know what your rights are.
If you lose your job because of your injury, but find other work, you may have a claim for increased permanent disability because of loss of earning capacity. This is only true of certain disabilities, such as back injuries, or lung injuries. This kind of claim requires the use of a vocational expert, and, again, insurance companies rarely pay such claims without a fight. If you think you have such a claim, call us and we will see if we can help.
Finally, it may be that your company does have work for you, but still refuses to rehire you, in which case you have a claim for discrimination. The employer has an obligation to take positive steps to put you back to work, and if they do not, you may have a claim for damages. These are very tricky cases, and different rules may apply. If you think this happened to you, contact us and we will try to get you help.
Do I get a settlement?
In general, there are no lump sum settlements for a work injury. Temporary disability is paid while you are off of work and then any permanent disability given by the doctor is paid to you on a weekly basis. Your claim for future money and medical treatment stays open for twelve years from the last day money was paid to you. Therefore, you should be very careful about “settling” or closing your claim for a lump sum payment. If you do, your claim will be closed forever, and you will not be able to ask for any more money or medical coverage in the future.
However, there may be times when a settlement may be in your best interest. For example: If your claim is weak and a judge would give you little or no money on your claim, then it would be wise to settle with the insurance company. This settlement is done by a “compromise agreement.” If you are offered a settlement, please contact us before signing off on your claim. We will let you know if that settlement is fair or whether we could get you more money than the insurance company offers you. Remember, if you settle your claim your case will be closed forever.
What if I have hearing loss from my job?
If you have worked in a noisy environment such as a loud factory setting, most construction sites, or any job area where you have to raise your voice to be heard by a co-worker, then there is a very good probability that any loss of hearing you have was caused by your employment. If your employer takes regular loss of hearing exams, that is very good indication that your work place is sufficiently noisy to cause occupational loss of hearing.
This claim for occupational loss of hearing is normally made upon retirement. There is a formula in the Worker’s Compensation Law which determines whether or not your hearing loss is large enough to make a claim for worker’s compensation benefits. An experienced worker’s compensation attorney will know how to interpret your hearing loss tests and which doctors to use to set up an examination for a hearing loss test. You should contact us immediately upon retirement if you believe you have a hearing loss so that we may investigate your claim and advise you as to what is necessary to proceed to get you some money for your loss of hearing.
Can I sue my employer? Can I sue anybody else?
An injured worker may not sue his or her employer for an on-the-job injury. Worker’s Compensation is not a lawsuit. No matter how much the employer is at fault for the injury, that employer may not be sued for the injury. According to the Worker’s Compensation Act, an “employer” is not only your employer, but also anyone who works for your employer. This includes co-workers, foremen, supervisors, people in the personnel department, etc. Any co-employee of yours cannot be sued for your on-the-job injury. Your claim for an on-the-job injury against your employer is for Worker’s Compensation benefits only, which is why it is so important to get expert advice as to whether you have received all the benefits you have coming.
If your injury is caused by a third party, there is a possibility of a lawsuit against them. A third party is anyone who is not an employee or your employer, and who has caused the accident – such as a delivery person injured in an automobile accident where the accident was caused by another driver who was not a co-employee. If you are working a different job site than your own employer’s job site and you are injured by another employer’s worker, you might be able to sue the other employer.
Third party lawsuits are very complicated and very expensive, and you should seek experienced help in investigating these claims. Any death on the job, or any serious accident on the job should be investigated for a possible third-party action. A workers’ compensation law firm such as ours should be consulted immediately if either of these things occur. We have an experienced staff of lawyers with many years of experience trying third party cases.
Remember – there is no charge for making the call or the investigation. There is only a charge by our firm if we actually take your case and get you some money.
Can I get Social Security too?
You can collect Workers Compensation benefits and Social Security Disability payments at the same time. In order to collect Social Security Disability, you must be off work for at least five (5) months and have an injury which will keep you off work for more than twelve (12) months. It does not have to be an injury that will keep you out of work for the rest of your life. Generally speaking, you can collect 80% of your average monthly wages between Workers’ Compensation and Social Security Disability. There is a formula to determine how much you can get, but under all circumstances, you get more money if you are collecting both benefits at the same time.
If you have a serious injury which will keep you off work for more than twelve (12) months, you should contact us, and we will advise you how to apply for Social Security Disability. As in Workers’ Compensation, we cannot charge you a fee for services unless we actually take your case, have a fee agreement with you, and get you on Social Security Disability. Our office regularly advises and represents our clients at Social Security Disability hearings.
How can I be sure I have been fully compensated?
The only way you can be sure you have gotten everything you have coming because of your work-related injury is to ask somebody who is completely familiar with the law and your rights. That person should also be concerned with your rights, not the insurance company’s rights or your employer’s rights under the law.
Do not ask the workers’ compensation insurance representative if you have more coming. Do not ask your company nurse or personnel people if you have more coming. Do not ask your foreman if you have more coming.
Do ask your union representative because if he or she can’t answer your questions they will get you to somebody who can. Do ask somebody who deals with workers’ compensation and represents injured workers on a regular basis.
---
### [In The News](https://www.gillickwicht.com/In-The-News.shtml)
**Published:** November 11, 2019
**Author:** admin
**Content:**
## 11-17-19 Sunday Sip: Gillick, Wicht, Gillick & Graf
## 10-27-19 Sunday Sip: Gillick, Wicht, Gillick & Graf
---
### [Terms of Service](https://www.gillickwicht.com/Terms-of-Service.shtml)
**Published:** October 11, 2019
**Author:** admin
**Content:**
---
### [Disclaimer](https://www.gillickwicht.com/Disclaimer.shtml)
**Published:** January 30, 2018
**Author:** admin
**Content:**
---
### [Areas of Practice](https://www.gillickwicht.com/areas-of-practice.shtml)
**Published:** January 29, 2018
**Author:** admin
---
## Accordions
### [FAQ](https://www.gillickwicht.com/accordions/faq/)
**Published:** January 30, 2018
**Author:** admin
**Content:**
Do I have a claim for worker's compensation?
You have a claim if you suffered a loss because of a job-related injury.
This means that, to get worker’s compensation, you have to show three things:
First, you have to show that you were injured in the course of your employment – that is, that you were working when you were hurt. For most employees, their work starts the second they drive on to the employer’s premises or parking lot, and work ends when they leave. If you are traveling for the employer, you are covered during the entire trip. If you engage in horseplay at work, you are not in the course of your employment. At all other times, you are.
Second, you must show that your injury happened because of work. Either the work directly caused the injury, or it aggravated some pre-existing condition, or it contributed in some material fashion to the progression of your condition. The mere fact that you were at work when your injury happened is not enough – you must show that the work contributed to the injury.
Third, you must show that you have sustained a loss. This means that you must show that you lost time from work or had some permanent disability or disfigurement. Workers have injuries every day, but to have a claim, you must have sustained either a wage loss or a permanent loss of function so that you have something to claim.
If the employer or insurance company has denied your claim, what they are probably saying is that you have failed to prove one of those elements. If that has happened, contact us and we will identify the problem for you and see if we can help.
What do I get?
During the time you are off of work and healing from your injury, you will get two thirds (2/3) of your gross weekly wage up to a certain maximum (see chart). This is called the temporary disability benefit. No temporary disability is paid for the first three days after your injury. If you are off of work for more than seven days, you will then get the first three days paid. You will get temporary disability for as long as the doctors say you are healing. If you return to part-time work or less paying work during this healing time, you will receive two thirds of the wages you are losing. There is no limit on how long this healing period may last. It is up to the doctors to determine when you reach the end of your healing.
In addition to temporary disability the insurance company should pay all of your medical bills which are related to your work injury. You should also get mileage expense during your treatment.
When you reach the end of your healing time your doctor will decide if you have any permanent damage from your injury. The doctor must give you a percentage (%) of disability on the injured part of your body. The state has a chart which explains how much each part of your body is worth. You get paid a set number of weeks of permanent disability money for each part of your body.
Permanent injuries to your back, head, neck, skin or lungs are paid differently. With those injuries you may make a claim for more money if the doctor restricts you from going back to your job. Generally, the insurance company will not voluntarily pay you this extra money for your future wage loss. You should call us to see if you might have a claim for this additional money.
If you cannot go back to your job because of your injury, you may have the right to go to school to be retrained. The insurance company should pay you temporary disability every week you are in school. You must get this schooling done through the State’s Division of Vocational Rehabilitation. If you cannot go back to work you, should contact the DVR immediately or call us and we will help you with that claim.
If your injury makes you unable to work anywhere in the future you will be 100% totally and permanently disabled. You will then get two thirds (2/3) of your weekly wage for the rest of your life. Again, this life time money benefit is rarely paid voluntarily by the insurance company. If you are unable to return to work call us to see if you might be able to make a claim for this life time money benefit.
None of the money you receive from worker’s compensation is taxable. You do not need to report your worker’s compensation money when filing taxes. In addition, you have twelve years from the last day that you received any worker’s compensation money to file a claim for more benefits. If you are not sure that you have been paid properly from the insurance company, please contact us and we will be glad to help you.
Who decides what I get?
If you lose time because of a work-related injury, the insurance company is required by law to pay you two-thirds of your wage loss. The insurance company (or self-insured employer) pays you based on the information they receive about your wage. Many times, this information is incorrect, and you should be sure that they are using your actual wage. If they are not, you can ask for a hearing. It is the Wisconsin Worker’s Compensation Division that has the final say on your actual loss.
If you have permanent disability, the insurance company (or self-insured employer) is required by law to pay you in accordance with the medical evidence. Very often we find that, when your doctor finds that you have a permanent disability, the insurance company will send you to a doctor of its choosing to see if its doctor will find less disability or even no disability at all. The insurance company almost always pays the least possible amount.
If you have a permanent disability from work, and the insurance company has sent you to a doctor of its choosing, the chances are great that they are paying you less than you have coming. Again, a Worker’s Compensation judge has the final say in your case. If this happens to you, contact us and we will let you know if you have more coming.
Should I cooperate with the insurance company and the employer?
Yes, in general, you should cooperate with the insurance company and the employer when you have a work-related injury. You should report your injury as soon as possible to your employer. Your employer should then contact its worker’s compensation insurance company. The insurance company will contact you and ask you the details of your injury. You should cooperate by telling them the details of your injury. However, never give a recorded statement to the insurance company or your employer, and never sign any statements that you have given. Even if the insurance company tells you that you will receive no money unless you record or sign the statement, you should not do so. They have no right to not pay you simply because you did not sign or record a statement. The only paper you should sign is an authorization for the insurance company to look at your medical records. They have a right to see your medical records and you should sign that authorization.
Do I have to go to their doctor?
You have the right to go the doctor of your choice for treatment. You should tell the insurance company what doctor you have chosen. If the insurance company wants to send someone to go with you to your doctor’s appointment you should refuse to let them. You do not have to let anyone else come in to your doctor’s office while you are being treated.
After you are done healing from your injury, you should cooperate with the employer and the insurance company as they try to get you back to work. If the employer offers you a job within the restrictions of a doctor, you should go try the job. If you cannot go back to work for your employer, the insurance company may hire someone to help you find a job. You should cooperate with them in trying to get you back to work. However, at the same time, you should contact the Division of Vocational Rehabilitation to ask their assistance in helping you find a job as well.
You have the right to be treated for your work-related injury by any doctor in the State of Wisconsin. If you are not happy with your first doctor, you have the right to go to a second doctor.
You must tell the insurance company that you are going to the second doctor. Any further choice of doctors must be approved by the insurance company.
The employer and the insurance company have no right to tell you where you must be treated. If you are hurt and the employer tells you must be treated by a certain doctor in order to make a worker’s compensation claim your employer is violating the law. Only in case of emergency may your employer decide where you will be treated. Other than that, you have complete choice of the doctors who treat you.
The insurance company has the right to have you seen by one of its doctors. This insurance company doctor does not have the right to treat you, but only to examine you for the insurance company. You do not pay for this exam and the insurance company must pay you mileage to get the exam. Again, the doctor who examines you does not have the right to treat you. You do not need to follow the orders of the insurance company doctor, but simply be examined by the doctor. You should answer the doctor’s questions honestly, but do not volunteer any information without being asked for it.
The insurance company will probably follow the recommendations of its doctor. That is, it will follow the opinions of its doctor rather than your doctor concerning your work injury. That may mean that the insurance company will stop paying you money based on its doctor’s opinion even if your doctor still has you off of work. The insurance company has the right to follow its doctor’s opinion. If this happens to you, please call us so that we can let you know what rights you have.
What do I do if they deny my claim?
If the insurance company or self-insured employer pays you less then you have coming or denies the claim altogether, you have the right to file for a hearing with the State of Wisconsin Workers Compensation Division. At that hearing, you will have to present competent medical testimony and perhaps other evidence to prove your case. A Workers Compensation judge provided by the State of Wisconsin will examine your evidence and the evidence provided by the lawyers for the insurance company, and will decide your case based on all the evidence.
We have found that, when the insurance company denies a claim, it hires the best and most experienced lawyers it can to defend it at the hearing. You should do the same. If your claim is denied, or you think you have more coming, contact us and we will try to help you in every way we can.
Do I need a lawyer?
The Worker’s Compensation Law does not require an attorney to represent an injured worker at a hearing. If the only dispute is a minor one such as one or two days of compensation or the payment of medical and/or chiropractic bill, then an attorney may not be necessary. If an injured worker applies for a hearing without an attorney, the Worker’s Compensation Division will schedule an informal conference where no testimony is taken and no decision is made, but a Judge tries to work out the differences between the parties on an agreed upon basis.
Sometimes major disputes arise such as: Is there permanent disability? How much permanent disability is there? Is retraining necessary? Has the employer/insurance carrier completely denied the claim? In these types of disputes, a lawyer who concentrates his or her practice in the area of workers’ compensation is not only helpful, but truly a necessity. Think of the need for an attorney in these situations the same way you would think of skilled tradesmen in other situations. You don’t need an electrician to change your light bulb, but you surely need one to bring in a 220 line. You don’t need a plumber to change a washer, but you don’t want to hook up a septic system without one.
If you decide to look for an attorney, look for one who represents only injured workers in workers’ compensation and one who concentrates his or her practice in that area.
Remember, an attorney may not charge more than 20% of the compensation which is in dispute. That means any amount of money that the employer/insurance carrier is paying on a voluntary basis cannot be subject to an attorney fee. Only if the attorney gets you more money than the employer/insurance carrier has agreed to pay, can an attorney charge a fee. If you contact an attorney that agrees to review your case, but wants money up front for investigation, you are in the wrong office. Our firm will always answer questions concerning your rights under the Worker’s Compensation Law. We do not charge a fee until YOU GET PAID.
What if they don't have a job for me?
Losing your job because of a work-related injury is a devastating and frightening thing, but the fact is that it can happen. If it happens to you, there are several things you can do about it.
If you lost your job because your injury has left you unable to work anywhere, you have a right to claim permanent total disability. In addition, you would have the right to claim social security disability benefits. These are very difficult claims, and the insurance companies rarely pay them without a big fight. If you think you have such a claim, call us right away.
If you lost your job because of your injury, but feel that you can do some other work, you may be eligible for retraining. If so, you can receive two-thirds of your wages while you are being retrained. To get this, you first need to contact the local office of the Division of Vocational Rehabilitation. The DVR counselors are always ready to help, but the process can be complicated, and the insurance companies often fight such claims. Again, call us and we will let you know what your rights are.
If you lose your job because of your injury, but find other work, you may have a claim for increased permanent disability because of loss of earning capacity. This is only true of certain disabilities, such as back injuries, or lung injuries. This kind of claim requires the use of a vocational expert, and, again, insurance companies rarely pay such claims without a fight. If you think you have such a claim, call us and we will see if we can help.
Finally, it may be that your company does have work for you, but still refuses to rehire you, in which case you have a claim for discrimination. The employer has an obligation to take positive steps to put you back to work, and if they do not, you may have a claim for damages. These are very tricky cases, and different rules may apply. If you think this happened to you, contact us and we will try to get you help.
Do I get a settlement?
In general, there are no lump sum settlements for a work injury. Temporary disability is paid while you are off of work and then any permanent disability given by the doctor is paid to you on a weekly basis. Your claim for future money and medical treatment stays open for twelve years from the last day money was paid to you. Therefore, you should be very careful about "settling" or closing your claim for a lump sum payment. If you do, your claim will be closed forever, and you will not be able to ask for any more money or medical coverage in the future.
However, there may be times when a settlement may be in your best interest. For example: If your claim is weak and a judge would give you little or no money on your claim, then it would be wise to settle with the insurance company. This settlement is done by a "compromise agreement." If you are offered a settlement, please contact us before signing off on your claim. We will let you know if that settlement is fair or whether we could get you more money than the insurance company offers you. Remember, if you settle your claim your case will be closed forever.
What if I have hearing loss from my job?
If you have worked in a noisy environment such as a loud factory setting, most construction sites, or any job area where you have to raise your voice to be heard by a co-worker, then there is a very good probability that any loss of hearing you have was caused by your employment. If your employer takes regular loss of hearing exams, that is very good indication that your work place is sufficiently noisy to cause occupational loss of hearing.
This claim for occupational loss of hearing is normally made upon retirement. There is a formula in the Worker’s Compensation Law which determines whether or not your hearing loss is large enough to make a claim for worker’s compensation benefits. An experienced worker’s compensation attorney will know how to interpret your hearing loss tests and which doctors to use to set up an examination for a hearing loss test. You should contact us immediately upon retirement if you believe you have a hearing loss so that we may investigate your claim and advise you as to what is necessary to proceed to get you some money for your loss of hearing.
Can I sue my employer? Can I sue anybody else?
An injured worker may not sue his or her employer for an on-the-job injury. Worker’s Compensation is not a lawsuit. No matter how much the employer is at fault for the injury, that employer may not be sued for the injury. According to the Worker’s Compensation Act, an "employer" is not only your employer, but also anyone who works for your employer. This includes co-workers, foremen, supervisors, people in the personnel department, etc. Any co-employee of yours cannot be sued for your on-the-job injury. Your claim for an on-the-job injury against your employer is for Worker’s Compensation benefits only, which is why it is so important to get expert advice as to whether you have received all the benefits you have coming.
If your injury is caused by a third party, there is a possibility of a lawsuit against them. A third party is anyone who is not an employee or your employer, and who has caused the accident – such as a delivery person injured in an automobile accident where the accident was caused by another driver who was not a co-employee. If you are working a different job site than your own employer’s job site and you are injured by another employer’s worker, you might be able to sue the other employer.
Third party lawsuits are very complicated and very expensive, and you should seek experienced help in investigating these claims. Any death on the job, or any serious accident on the job should be investigated for a possible third-party action. A workers’ compensation law firm such as ours should be consulted immediately if either of these things occur. We have an experienced staff of lawyers with many years of experience trying third party cases.
Remember – there is no charge for making the call or the investigation. There is only a charge by our firm if we actually take your case and get you some money.
Can I get Social Security too?
You can collect Workers Compensation benefits and Social Security Disability payments at the same time. In order to collect Social Security Disability, you must be off work for at least five (5) months and have an injury which will keep you off work for more than twelve (12) months. It does not have to be an injury that will keep you out of work for the rest of your life. Generally speaking, you can collect 80% of your average monthly wages between Workers’ Compensation and Social Security Disability. There is a formula to determine how much you can get, but under all circumstances, you get more money if you are collecting both benefits at the same time.
If you have a serious injury which will keep you off work for more than twelve (12) months, you should contact us, and we will advise you how to apply for Social Security Disability. As in Workers’ Compensation, we cannot charge you a fee for services unless we actually take your case, have a fee agreement with you, and get you on Social Security Disability. Our office regularly advises and represents our clients at Social Security Disability hearings.
How can I be sure I have been fully compensated?
The only way you can be sure you have gotten everything you have coming because of your work-related injury is to ask somebody who is completely familiar with the law and your rights. That person should also be concerned with your rights, not the insurance company’s rights or your employer’s rights under the law.
Do not ask the workers’ compensation insurance representative if you have more coming. Do not ask your company nurse or personnel people if you have more coming. Do not ask your foreman if you have more coming.
Do ask your union representative because if he or she can’t answer your questions they will get you to somebody who can. Do ask somebody who deals with workers’ compensation and represents injured workers on a regular basis.
---
## Banner Home Page
### [MILWAUKEE
WORKER’S
COMPENSATION LAWYERS](https://www.gillickwicht.com/banner/the-injured-workers-law-firm-2/)
**Published:** January 29, 2018
**Author:** admin
**Content:**
Wisconsin’s Trusted Worker’s Compensation Law Firm since 1948
---
## Testimonial
### [Dean J., May, 2016](https://www.gillickwicht.com/testimonial/dean-j-may-2016/)
**Published:** January 30, 2018
**Author:** admin
**Content:**
To Whom It May Concern,
Just wanted to drop you a not about my experience with your law firm. Michael Gillick represented me in a worker’s compensation litigation which he successfully completed with very satisfying results. Through the entire process, I always felt well informed and was always kept up to date on my case. The many times I called his office with questions, they were promptly and expertly answered. Mr. Gillick and his staff were always available to answer these questions at a time when I was going through something very unfamiliar to me. I just wanted to say “Thank You” for making this experience as smooth and positive as it could have been for me. I don’t believe I could have been represented by anyone more capable than Michael Gillick. Thanks again.
---
### [Joe L.](https://www.gillickwicht.com/testimonial/joe-l/)
**Published:** November 2, 2020
**Author:** admin
**Content:**
This is the second time using this law firm and I have had excellent results. But the best thing is the people they have working in the firm they give 110% all the time and thank you very much again.
---
### [Kathy W., June 2016](https://www.gillickwicht.com/testimonial/kathy-w-june-2016/)
**Published:** January 30, 2018
**Author:** admin
**Content:**
Thank you so much for all your hard work on case. Your gentle way with and your determination with WC was very much so appreciated. You provide a wonderful service. Thank you.
---
### [Robert O., October 2016](https://www.gillickwicht.com/testimonial/robert-o-october-2016/)
**Published:** January 30, 2018
**Author:** admin
**Content:**
Thank you for the time and effort you put forth in my worker’s compensation case. My injury was, and continues to be, an extremely difficult aspect of my life. Your efforts eased the burdens I was enduring prior to the settlement of my case. You looked out for my interests and protected my legal rights. I have to say your work was professional, yet personable; your work was thorough as was your knowledge on the subject of workers compensation comprehensive. The settlement you were able to achieve was very satisfactory. I would highly recommend your firm to anyone as their first stop in pursuit of justice regarding a legitimate workers compensation claim. Thank you again for all your help during this difficult time in my life.
---
### [Thomas H., August 2016](https://www.gillickwicht.com/testimonial/thomas-h-august-2016/)
**Published:** January 30, 2018
**Author:** admin
**Content:**
Dennis has represented me, Thomas H. in a workman’s comp case. From day 1 he has kept me informed of the whole process of how long it should take, along with explanations of all question I had asked, it pretty much went exactly like he said, start to finish and I thank him for his hard work and honesty. The end result was worth the wait. Once again, thank you Dennis Wicht.
---
### [Peter G.](https://www.gillickwicht.com/testimonial/peter-g/)
**Published:** November 2, 2020
**Author:** admin
**Content:**
Worker’s Compensation was a world totally foreign to me…until my injury. Charles Graf explained the process step by step. He called me with updates as appropriate. He was very patient with my concerns and many questions.
---
### [John M.](https://www.gillickwicht.com/testimonial/john-m/)
**Published:** January 16, 2021
**Author:** admin
**Content:**
Atty Wicht was instrumental in getting one of the best outcomes I could of hoped for. Dennis worked hard with good determination. He was no nonsense I keeping me on track. That was helpful. Mr Wicht was helpful making clear what the process involved and I could not of wished for much better.
---
### [Patrick C., September 2016](https://www.gillickwicht.com/testimonial/patrick-c-september-2016/)
**Published:** January 30, 2018
**Author:** admin
**Content:**
Patrick Gillick represented me in a worker’s compensation claim. I felt he did an excellent job on my case and I received a very good settlement. I am appreciative of the legal representation I received from him. I would highly recommend Attorney Patrick Gillick to anyone who is involved in a worker’s compensation claim and sustained an injury.
---
### [Tim Q.](https://www.gillickwicht.com/testimonial/tim-q/)
**Published:** November 2, 2020
**Author:** admin
**Content:**
I can’t say enough of how grateful I am to Mr. Graf for his thoroughness and patience with my case. The Company and Workers Comp Agency fought for two years to deny my case. Expecting nothing, I was awarded four times what I though possible. Thank You Charles Graf , your staff and associates.
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### [Micah F.](https://www.gillickwicht.com/testimonial/micah-f/)
**Published:** November 2, 2020
**Author:** admin
**Content:**
Answered all my questions about my workers comp case. Very impressed.
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### [Bill P.](https://www.gillickwicht.com/testimonial/bill-p/)
**Published:** November 2, 2020
**Author:** admin
**Content:**
Great advice. Direct no nonsense lawyer
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### [Robb M.](https://www.gillickwicht.com/testimonial/robb-m/)
**Published:** November 2, 2020
**Author:** admin
**Content:**
They are going out of their way to help me
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### [Jeannie R.](https://www.gillickwicht.com/testimonial/jeannie-r/)
**Published:** November 2, 2020
**Author:** admin
**Content:**
They were very easy to talk to and was willing to listen to anything I had to say
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### [Daniel A.](https://www.gillickwicht.com/testimonial/daniel-a/)
**Published:** November 2, 2020
**Author:** admin
**Content:**
Mr. Graf was very helpful and answer all my guestions. The work on my workers comp. was done in a timely manner. Thanks alot!!
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### [Tim S.](https://www.gillickwicht.com/testimonial/tim-s/)
**Published:** November 2, 2020
**Author:** admin
**Content:**
Attorney Graf and his staff handled my case and kept me informed with a very favorable outcome! Highly recommended!
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### [Frank B.](https://www.gillickwicht.com/testimonial/frank-b/)
**Published:** November 2, 2020
**Author:** admin
**Content:**
Charles Graf handled my workmens comp case. I was very satisfied with the settlement and the timeline he gave me was right on target.
---
## Categories
### [Workers' Compensation](https://www.gillickwicht.com/category/workers-compensation/)
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### [Worker’s Comp Lawyer](https://www.gillickwicht.com/category/workers-comp-lawyer-3/)
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### [Worker’s Compensation Lawyers](https://www.gillickwicht.com/category/workers-compensation-lawyers-3/)
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## Tags
### [worker's compensation](https://www.gillickwicht.com/tag/workers-compensation/)
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### [work accident injuries](https://www.gillickwicht.com/why-it-is-important-to-report-all-work-accident-injuries)
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### [OSHA](https://www.gillickwicht.com/tag/osha/)
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### [worker's compensation claim process](https://www.gillickwicht.com/tag/workers-compensation-claim-process/)
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### [Hiring a Wisconsin Workers' Compensation Lawyer](https://www.gillickwicht.com/tag/hiring-a-wisconsin-workers-compensation-lawyer/)
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### [worker's compensation after work injury](https://www.gillickwicht.com/how-long-does-it-take-to-get-compensation-after-a-work-injury)
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### [work restrictions](https://www.gillickwicht.com/tag/work-restrictions/)
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### [Job Injury](https://www.gillickwicht.com/tag/job-injury/)
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### [worker's compensation for COVID](https://www.gillickwicht.com/tag/workers-compensation-for-covid/)
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### [workers' comp](https://www.gillickwicht.com/tag/workers-comp/)
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### [slip and fall](https://www.gillickwicht.com/tag/slip-and-fall/)
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### [work injury](https://www.gillickwicht.com/tag/work-injury/)
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### [medical marijuana](https://www.gillickwicht.com/tag/medical-marijuana/)
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### [workers'comp](https://www.gillickwicht.com/tag/workerscomp/)
---
### [What If Your Wisconsin Worker's Comp Claim Is Denied? Next Steps That Matter](https://www.gillickwicht.com/tag/what-if-your-wisconsin-workers-comp-claim-is-denied-next-steps-that-matter/)
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### [Wisconsin Worker's Comp claim attorney](https://www.gillickwicht.com/tag/wisconsin-workers-comp-claim-attorney/)
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### [Vocational Rehabilitation In Wisconsin Worker’s Compensation Cases](https://www.gillickwicht.com/tag/vocational-rehabilitation-in-wisconsin-workers-compensation-cases/)
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### [What Happens After You Report A Work Injury In Wisconsin](https://www.gillickwicht.com/tag/what-happens-after-you-report-a-work-injury-in-wisconsin/)
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### [Common Reasons Wisconsin Employers Dispute Workplace Injury Claims](https://www.gillickwicht.com/tag/common-reasons-wisconsin-employers-dispute-workplace-injury-claims/)
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### [Workers’ Compensation Claims For Warehouse Injuries](https://www.gillickwicht.com/tag/workers-compensation-claims-for-warehouse-injuries/)
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### [Can I Choose My Own Doctor For A Wisconsin Worker’s Compensation Claim?](https://www.gillickwicht.com/tag/can-i-choose-my-own-doctor-for-a-wisconsin-workers-compensation-claim/)
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### [What Happens If I Can't Return To My Old Job After A Work Injury?](https://www.gillickwicht.com/tag/what-happens-if-i-cant-return-to-my-old-job-after-a-work-injury/)
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### [What Makes A Workers’ Compensation Claim Complex In Milwaukee?](https://www.gillickwicht.com/tag/what-makes-a-workers-compensation-claim-complex-in-milwaukee/)
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### [How Delayed Diagnoses Can Complicate your Milwaukee Worker’s Compensation Claim](https://www.gillickwicht.com/tag/how-delayed-diagnoses-can-complicate-your-milwaukee-workers-compensation-claim/)
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### [What Is A Loss Of Earning Capacity (LOEC) Claim?](https://www.gillickwicht.com/tag/what-is-a-loss-of-earning-capacity-loec-claim/)
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### [“Pre-Existing” Degenerative Disc Disease Defenses In Wisconsin Worker’s Compensation Claims](https://www.gillickwicht.com/tag/pre-existing-degenerative-disc-disease-defenses-in-wisconsin-workers-compensation-claims/)
---