Workers’ Compensation in Wisconsin

Wisconsin workers face the possibility of accidents at work every day. When a Wisconsin worker is injured at work or becomes ill because of their job they may be entitled to workers’ compensation. This all depends on their employer and whether the employer has workers’ compensation insurance.

This is mandatory for many, but not all, employers in Wisconsin. A workers’ compensation claim can help an injured or sick worker recover the expense of medical treatment and go part way to compensating for lost earnings.

Employment in Wisconsin

2,805,000 people were employed in Wisconsin in May 2016, which is the latest date that we have reliable statistics provided by the U.S. Bureau of Labor. Roughly half of the state’s work force is employed in the following five occupation groups.

These are not necessarily the most dangerous occupations in Wisconsin, but accidents can happen at any time and it is worth knowing that you can obtain compensation officially from your employer when this happens. The top 5 occupations were:

  • Office and administrative jobs
  • Production jobs
  • Sales and related type jobs
  • Food production and serving type jobs
  • Transportation and heavy materials movement

Wisconsin Workers’ Comp Regulations

Only employers who employ more than four employees on a regular basis are required to take out workers’ compensation insurance. This means that if you work for a small business you may not be automatically covered if you are injured at work.

Some Wisconsin employers may still opt to provide insurance cover even if they are not legally required to do so as it has benefits for both employers and employees.

There are also exceptions to workers’ comp cover in Wisconsin which could affect you if you are an agricultural or domestic worker. You may not be covered if you are in these categories even if you are in a job where more than four people are employed.

Wisconsin is a no-fault state when it comes to workers’ compensation. This means that you should be entitled to compensation even if you are partly to blame for your own injuries.

Wisconsin Worker's Comp Case Lawyer

What You Should be Aware of if Injured at Work

There are deadlines to be aware of if you are injured at work or suffer from an occupational disease. You should notify your employer within 30 days of the injury or discovery of the disease and you then have 12 years to file a claim.

Wisconsin has specific rules about mental stress being considered as a workplace injury. If you have been working in a particularly stressful occupation you may not be able to claim compensation under workers’ comp. if the stress has built up over a period of time.

It has to be a sudden incident. This could be an armed attack that has affected you in a store, for instance. The attack could be so stressful that you need medical treatment for depression afterwards and may prevent you from going back to the same workplace.

How an Attorney Can Help With Your Workplace Injury Claim in Wisconsin

There are many reasons why you might turn to an attorney in Wisconsin after an injury or illness at work. You may be in a job where workers’ compensation insurance is not provided, your employer may be illegally uninsured, you may have made a claim but it was denied or your claim has been accepted but the amount of compensation is inadequate.

A workers’ comp. attorney will understand the intricacies of Wisconsin workers’ comp. law and explain your rights. If this is the only legal avenue open to you, the attorney may suggest a private personal injury claim if fault can be proven.