You have a claim if you suffered a loss because of
a job-related or work injury.
This means that, to get Wisconsin workers
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.
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.
Do I need a worker compensation attorney?
The Wisconsin 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 Wisconsin 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 worker’s 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 Wisconsin worker
compensation attorney, look for one who represents only injured workers in
worker’s compensation and one who concentrates his or her practice in that area.
