Filing a Worker’s Compensation Claim in Wisconsin:

You should report any job-related injuries or illnesses to your employer immediately. Once your employer has actual knowledge of your injury, they have seven days to report it to their workers’ compensation insurance carrier. The insurance carrier then has 14 days to file all injury reports involving compensable claims with Wisconsin’s Workers’ Compensation Division.

Should your Wisconsin workers’ compensation claim be denied, the insurance company must notify you within seven days of receiving the claim and include their reasons for denial. At this point, you should contact an experienced Wisconsin work injury claims attorney to discuss your rights.

Wisconsin Worker’s Compensation Treatment:
An employee who is injured at work or suffers from an occupational disease is entitled to be paid for all medical, surgical and hospital treatment relating to the injury including: doctor bills, hospital bills, medicines, medical and surgical supplies, crutches and artificial limbs, training in the use of artificial limbs, and lost time and traveling expenses for treatment or examination. All reasonable and necessary medical expenses must be paid by the employer whether or not weekly benefits are also due for temporary or permanent disability. If an injury requires medical treatment and there has been no lost time, no lost wages and no disability, the employe is still entitled to have medical treatment costs paid. Necessary treatment expenses must be paid unless the claim has been settled through a compromise agreement.

You may choose any physician, chiropractor, psychologist, podiatrist, dentist, physician assistant, or advanced practice nurse prescriber licensed in the state. By agreement with your employer, or when referred by a practitioner licensed in this state, you may choose a practitioner not licensed in this state. If you later select a second practitioner, you must notify your employer or the insurance company.

In an emergency, the employer may arrange for your treatment until you are able to choose your own practitioner. Your employer or the insurance company has the right to have you examined by a practitioner of its choice. Your compensation may be delayed if you do not agree to have these examinations.

You have the right to every type of treatment which is reasonable and necessary to cure you, as ordered by your practitioner. This includes hospitalization, therapy, tests and prosthetic devices. Medicine is paid for, as is any reasonable travel expense necessary to receive treatment.

Choice of Physician: Employee makes the initial choice of physician.

Wisconsin Worker’s Compensation Benefits:

In addition to medical, hospital and doctors' expenses, the law provides for the payment of weekly benefits for temporary and permanent disability.

TTD benefits are paid: 1) when the employee is unable to work and has a total loss of wages; 2) when the employee is still recovering and is able to do some type of work, but the employer cannot provide work within the limitations the doctor has set. Duration: Temporary total disability benefits are paid until the employee’s condition has become stabilized and treatment and convalescence are not likely to result in additional improvement. Amount: TTD benefits amount to two-thirds of the employee’s own average weekly wage subject to a maximum amount specified by law. This applies to normal full-time work. Wages and rates may vary for part-time employment.

Temporary Partial Disability (TPD) Temporary partial disability benefits are paid when an employee is working at a lesser-paying job or is working fewer hours because of the temporary effects of an industrial accident or disease. Benefits are paid when the employee is offered a wage reduction because of the disabling effects of the injury or disease during the healing period. TPD benefits are paid in proportion to the wage reduction. Duration: Temporary partial disability benefits are paid while the employee is working at a lesser-paying job or working part-time until the employee's condition becomes stabilized, and treatment and convalescence is not likely to result in additional improvement. Amount: Temporary partial disability benefits will vary. The employee gets the same percentage of temporary total disability benefits that the percentage wage loss is when compared to his or her wage at the time of injury.

Permanent Partial Disability (PPD) The healing period lasts until the employee is as well as he or she is expected to get as determined by competent medical evidence.

Wisconsin Worker’s Compensation Waiting Period:
To eliminate minor claims for temporary disability, the law requires a three-day waiting period for all disabilities lasting seven days or less. (Sundays are not included in the three days unless the employee usually works on Sundays.) Temporary disability benefits are not paid for the day of injury. If the employee is still unable to work eight days after the date of injury, compensation is paid for the entire period including the three-day waiting period. Payment for the eighth day will include all days of disability up to that date, but not including the date of injury.If an injury causes both temporary and permanent disability, there is no waiting period. Temporary benefits start from the first day. Amputations causing a day or two loss of work are often overlooked, and payment is made only for the permanent partial disability caused by the amputation. In such a case temporary benefits are also payable. Temporary Total Disability (TTD) almost all worker's compensation cases initially are for temporary total disability which covers the period immediately after injury. This is the period of treatment and healing before it can be determined whether or not there is any permanent disability.

He or she is entitled to benefits for permanent disability. Permanent disabilities, including loss or partial loss of particular parts of the body, or physical or mental capacities, are compensated after the temporary injury has healed.

Wisconsin Worker’s Compensation Contact Information:
Francis Huntley-Cooper, Administrator
Department of Workforce Dev.
Workers’ Compensation Division
201 East Washington Avenue
P. O. Box 7901
Madison, WI 53707-7901
 (608) 266-1340  (608) 266-1340
(Contact: Jean Culbert)

NOTICE: These questions and answers concern Wisconsin law only, and should not be construed nor relied upon as reflecting the law in other States, nor as giving legal advice. You are warned that circumstances often vary greatly and that, due to changing decisions and law, the answers to these questions may change over time and not be current, and you should consult an attorney in any specific case, and NOT rely on these questions and answers as giving anything other than general information.