What You Need to Know About Wisconsin Workers’ Compensation Laws
Being injured on the job can be stressful for any employee or worker. Filing for Workers’ Compensation can be a tricky process due to the multiple moving parts. Here is everything you need to know about Workers Compensation Laws for injured employees in Wisconsin.
What is Workers’ Compensation?
Workers compensation is compensation that injured workers who became injured or disabled while working their jobs receive monetary amounts to pay for damages. Employers that have Workers’ Compensation can avoid the need for litigation, and co-workers who were involved in the accident can also avoid lawsuits. Workers’ compensation can also provide compensation for dependents of workers who were killed in a work-related accident. The money given for workers’ compensation is meant to cover medical expenses and loss of pay brought on by the work-related injury.
The Federal Employment Compensation Act
The Federal Employment Compensation Act allows non-military and federal employees to receive Workers’ Compensation. This Act allows work-related medical expenses to be covered. The Act may also require the employee to undergo job retraining. According to the Federal Employment Compensation Act, disabled employees receive 2/3 of their normal monthly salary. If they received more permanent physical injuries, or they have dependents on their tax forms, they may receive more than 2/3 of the normal monthly salary.
Related: EMR Letters in Workers’ Comp Claims
Who is eligible for workers’ compensation in Wisconsin?
The employees below are covered by the Workers’ Compensation Act:
- Part-time employees
- Family members: this means that if an employee is related to the employer, they are still required to carry Workers’ Compensation insurance
- Corporate officers
There are also many jobs in which workers are not considered to be employees. These include domestic servants, any person who is considered to be either a sole proprietor, or part-time or member of limited liability companies, volunteers who work at non-profit organizations who do receive a salary, real estate brokers, real estate agents, and some farmers who are relatives of a farmer.
In the case of independent contractors, an employer cannot classify a worker as an independent contractor just because it will allow them to purchase less Workers’ Compensation insurance. The independent contractor needs to meet the guidelines in the Workers’ Compensation Act to be fully considered an independent contractor.
Which employers should carry Workers’ Compensation?
Employers are required to carry Workers’ Compensation if:
- They have either three or more full-time or part-time employees
- They employ one or more full-time or part-time employees, and they have paid a combined gross wages of $500 more in account a quarter
- The employer purchasing insurance is a farmer an employee’s six or more workers on the same day
How can you file for Workers Compensation in Wisconsin?
Reporting the injury as soon as it has occurred
After you have tended to your immediate needs and made sure that you are medically stable, you must report your injury to your employer. Even if the injury was a minor accident, like a fall, there is no telling when the situation can escalate. For this reason, it is important to notify your employer as soon as possible that you have suffered a work-related injury.
The employer must report the injury to the Worker’s Compensation insurance company. The insurance company will then start communications with you. Depending on the details surrounding the accident, they may either begin to pay the claim or deny the claim.
To file a Worker’s Compensation claim you will need the following documents:
- Medical records from the accident
- Medical billing record
- WKC-16-B form
- Personnel records
In the case that the Worker’s Compensation claim is denied, you can try to challenge the claim denial
To appeal the denial of the Worker’s Compensation claim, you must request a hearing. This request should be done through the Wisconsin Department of Workforce Development. This can be achieved through complaining and submitting the form WKC-7.
Related: Is Workers’ Compensation Required for Sole Proprietorships?
The appeal will then be sent to an administrative law judge who can then assess your claim.
What is the Statute of limitations for filing for workers’ comp in Wisconsin ?
The statute of limitations for filing workers compensation is twelve years from the date in which the injury or act occurred.
If you or a loved one would like to learn more about Wisconsin Workers’ Compensation Laws, get your free consultation with one of our Employment Attorneys in Wisconsin today!