If you have been injured due to a workplace incident, you likely have a number of questions. While the process for filing for worker’s compensation should be simple, there are multiple pieces at play and every situation is different. Below are five frequently asked questions about worker’s comp claims.
1. What is my employer liable for?
Knowing what your employer is liable for is critical when filing for worker’s compensation so you know what kinds of compensation you are entitled to. All Wisconsin employers are required to maintain workers’ compensation insurance. Notices must also be posted in the workplace informing employees of their rights to workers’ compensation.
Workers’ compensation will cover all injuries that occur because of workplace accidents or that were caused by the work performed by an employee. This means that you can receive compensation for medical expenses, lost wages and vocational rehabilitation.
2. Am I eligible for compensation if I am at fault for the incident?
Even if you are at fault for the workplace incident that caused your injury, you are still eligible for worker’s compensation. As long as you were not intoxicated, violating the regulations or breaking any laws, you will receive compensation even if you technically are at fault.
If your employer’s negligence led to you injuring yourself, you can file a personal injury lawsuit against them. This negligence may include the failure to provide workers with the proper safety equipment, failure to follow OSHA regulations, failure to provide training on safe work procedures or failure to perform inspections and address hazards that presented a risk to employees.
3. What injuries are covered by worker’s compensation?
Any injuries that took place in the workplace are covered by worker’s compensation. This includes but is not limited to injuries such as arm and shoulder injuries, knee injuries, back injuries, traumatic injuries, occupational diseases, repetitive stress injuries and pre-existing condition aggravation. As long as you are not in violation of any laws or regulations, you will receive the compensation you are entitled to.
4. What is not covered by worker’s compensation?
There are a few scenarios where your injuries will not be covered by worker’s compensation. Workers’ comp will not cover injuries such as:
- Injuries that took place while a person was not working.
- Injuries that a person intentionally inflicted upon themselves.
- Injuries that occurred while a person was intoxicated by alcohol or drugs.
- Injuries that took place while a person was committing a crime or violating an employer’s policies.
Basically, if you violate Wisconsin or federal law, intentionally injure yourself, or are intoxicated, you will not receive compensation.
5. What should I do if my employer denied my worker’s compensation?
If your employer denies your worker’s compensation, it is likely because they believe that you either were not injured while at work, intentionally injured yourself, were working while intoxicated or were in violation of Wisconsin or federal law. However, there are ways to refute your employer’s claims so you can get the compensation you deserve.
If an employer or their insurer refuses to pay workers’ compensation following a work injury, or if certain types of benefits are denied, an employee may file a claim and request a hearing. An arbitrator will then review the case and decide whether benefits should be accepted or denied. If necessary, additional appeals can be filed. Your case may even be heard in circuit courts, appellate courts, or the Wisconsin Supreme Court.
Contact Personal Injury Attorney Phil Dahlberg for Help Filing Your Claim
Personal injury attorney Phil Dahlberg partners with his clients to provide them with the best representation for their cases. He will work to understand your situation and will fight to get you the compensation you deserve. Contact Phil today to set up a consultation today.
