It’s never pleasant to think about the possibility that you could get injured while at work, but workplace accidents occur every day. The best way that you can prepare yourself for a potentially serious accident at work is to take the time to learn about Wisconsin workers’ compensation laws before the accident occurs. Hopefully, you’ll never have to worry about being hurt on the job… if the worst does come to bear, though, you’ll at least be prepared and have a basic understanding of what workers’ compensation is and how to go about filing a workers’ comp claim in Wisconsin.
Workers’ compensation is designed to provide injured employees with all of their needed medical attention at no cost to them, since their injuries occurred while performing the duties of their job. The medical costs are paid by their employer through workers’ compensation insurance, which is generally required by law unless the employer falls into special categories based upon their small size or the type of business that they do. This coverage extends beyond just the initial doctor’s or hospital visit, as well; it covers any needed medical assistance (generally including chiropractic care) and in some cases the cost of prescription medications or needed medical devices as well.
Beyond the basic coverage of health care costs, though, workers’ compensation is designed to provide money to cover lost income due to the accident or injury if the employee is unable to return to work within a reasonable amount of time. In Wisconsin, the law dictates the differences between being “disabled” and “impaired” in regards to workers’ comp claims; impairment is considered to be a purely medical condition in regards to the person’s actual physical capabilities after they’ve completed rehabilitation, while a disability is the resulting loss of their ability to take part in activities due to an impairment. It’s possible to have an impairment and not be completely disabled, and this is reflected in the guidelines for classifying a disability for workers’ compensation purposes in Wisconsin.
Should an individual be involved in an accident that results in their death while at their job, workers’ compensation can also cover both the burial costs and other expenses that might be incurred by the family. Survivors’ benefits can also be paid to the spouse and/or children of the deceased, and in many cases the family can choose to file a wrongful death lawsuit in addition to workers’ comp benefits in order to help cover expenses and try in some small way to make up for their pain and loss.
If you are on the job and end up involved in an accident, make sure that your employer knows that you expect them to report it as an on-the-job accident and to begin filing the paperwork for workers’ compensation to cover your medical expenses. You will likely be required to submit to a drug and alcohol test to make sure that you weren’t under the influence or otherwise impaired at the time of the accident, but other than that there isn’t much that you’ll have to do until the preliminary examinations and treatment are complete. Make sure that the doctor or other medical professional that examines you knows that it is a workers’ comp case so that they won’t be expecting payment from you upon completion of the treatment.
You should also take the time to contact an attorney who is familiar with Wisconsin workers’ compensation laws so that you’ll know that all of your rights and responsibilities under law are executed. Your attorney can generally help to speed up the process of the workers’ comp claim because they are more familiar with the process than you or your supervisor might be, and they will also be much more familiar with any recent changes to Wisconsin law (and the specifics of the workers’ compensation laws overall.) Should you need to pursue additional benefits due to long-term injuries or disability, your attorney will also be able to proceed directly from your initial medical visit to start that claim in motion.
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