Navigating Worker’s Compensation Claims In Wisconsin

Worker’s compensation is a safety net for employees who are injured or become ill due to their job. In Wisconsin, the worker’s compensation system is designed to provide medical benefits and wage replacement to employees who suffer work-related injuries or illnesses. Understanding how to navigate this system is important for ensuring you receive the benefits you’re entitled to. This guide from the experts at Bosshard Parke provides an overview of the process for filing worker’s compensation claims in Wisconsin, including what injuries are covered, how to file a claim, and special considerations for seasonal and agricultural workers.

What Injuries Are Covered?

In Wisconsin, worker’s compensation covers a wide range of work-related injuries and illnesses. These include:

1. Traumatic Injuries: Injuries resulting from a specific incident, such as falls, equipment malfunctions, or accidents on the job.
2. Repetitive Stress Injuries: Conditions that develop over time due to repetitive motions, such as carpal tunnel syndrome or tendinitis.
3. Occupational Illnesses: Diseases contracted due to workplace exposure, such as respiratory issues from inhaling hazardous substances or skin conditions from chemical exposure.
4. Aggravation of Pre-Existing Conditions: If a work-related incident aggravates a pre-existing condition, the resulting exacerbation may be covered under worker’s compensation.

How To File A Worker’s Compensation Claims In Wisconsin

The process for filing a worker’s compensation claim in Wisconsin involves several steps:

1. Report The Injury

The first step is to report the injury to your employer as soon as possible. According to Wisconsin law, you should notify your employer within 30 days of the injury. Failing to report the injury within this timeframe could result in a denial of benefits.

2. Seek Medical Attention

After reporting the injury, seek medical attention immediately. Inform the healthcare provider that your injury is work-related so they can document it accordingly. Keep all medical records and receipts as they will be essential for your claim.

3. File The Claim

Your employer is responsible for submitting a First Report of Injury or Disease form to their worker’s compensation insurance carrier. They must do this within seven days of being notified of the injury. The insurance carrier will then investigate the claim and determine whether to accept or deny it.

4. Follow Up On Your Claim

Stay in contact with your employer and the insurance carrier to ensure your claim is being processed. If your claim is denied, you have the right to appeal the decision.

Special Considerations For Seasonal And Agricultural Workers

Seasonal and agricultural workers in Wisconsin face unique challenges when it comes to worker’s compensation. Here are some key points to consider:

Seasonal Workers

1. Coverage Period: Seasonal workers are covered under worker’s compensation laws while they are employed. However, calculating average weekly wages for seasonal workers can be complex due to the nature of their employment.
2. Wage Calculation: The average weekly wage is calculated based on the worker’s earnings over the previous 52 weeks. For seasonal workers, this calculation can include periods of unemployment, which may affect the compensation rate.

Agricultural Workers

1. Coverage Requirements: Not all agricultural employers are required to carry worker’s compensation insurance. In Wisconsin, farms with fewer than six employees working 20 or more days (consecutive or nonconsecutive) in a calendar year are exempt from mandatory coverage. However, larger farms are required to provide worker’s compensation insurance.
2. Types Of Coverage: Agricultural workers are eligible for the same benefits as other workers, including medical treatment, wage replacement, and compensation for permanent disabilities.

Steps For Seasonal And Agricultural Workers

If you are a seasonal or agricultural worker, follow these steps to ensure you receive the benefits you are entitled to:

1. Verify Coverage: Confirm whether your employer has worker’s compensation insurance. If they do not, you may need to seek alternative legal remedies.
2. Document Employment: Keep detailed records of your employment, including dates worked, hours, and wages. This information will be crucial for calculating your benefits.
3. Report Injuries Promptly: Report any work-related injuries to your employer immediately and seek medical attention.
4. Seek Legal Advice: Consider consulting with an attorney who specializes in worker’s compensation to navigate any complexities related to seasonal or agricultural work.

Employer Non-Compliance

If your employer does not offer worker’s compensation when they are legally required to or if they deny your legitimate claim, you may have legal recourse. Employers are mandated by law to provide worker’s compensation insurance if they meet the criteria. Failure to comply can result in significant penalties and legal action.

Conclusion

Navigating the worker’s compensation claims in Wisconsin requires a thorough understanding of your rights and the processes involved. Bosshard Parke is here to support you if your employer fails to provide the necessary coverage or if you face legal challenges during the claims process. Our experienced attorneys can help ensure that your rights are protected and that you receive the compensation you deserve in the face of employer non-compliance or legal disputes.

Contact Bosshard Parke

If you believe your employer is not meeting their worker’s compensation obligations or if you have been wronged in the claims process, contact Bosshard Parke for expert legal assistance.

Disclaimer: This article is for informational purposes only and should not be considered legal advice. For specific guidance related to your worker’s compensation claim, please consult with a qualified attorney at Bosshard Parke.