The Wisconsin worker’s compensation system can be challenging to understand, and obtaining the compensation you deserve after a workplace accident can be difficult. After a workplace accident or occupational injury, you need a lawyer who can answer your questions and build a case for the benefits you deserve.
Kingree Law Firm is a premier Wisconsin worker’s compensation law firm. We exclusively represent injured workers in claims for worker’s comp benefits and concentrate primarily on worker’s compensation cases outside of the Milwaukee area. We have a demonstrated record of success and have earned a reputation as one of the top worker’s comp firms in the state. Here, we address some of the common misconceptions about worker’s compensation claims in Wisconsin.
Pain and suffering damages are not available in worker’s compensation. The personal difficulties the work injury has caused you, emotional distress, and the process you have gone through, have no impact on the amount of money you can claim. The Wisconsin worker’s compensation law provides defined benefits for specific injuries, meaning the statute specifies what you are entitled to and that’s it. Benefits include medical expenses, lost wages in the healing period, permanent partial disability, vocational rehabilitation, and loss of earning capacity.
The priorities of the insurance adjuster and Nurse Case Manager (NCM) are different from yours. The insurance adjuster works for the insurance company — not you. Worker’s compensation insurance is your employer’s insurance — not yours. You are not the premium payer or the policy holder. To them, you are the “loss.” The adjuster’s job is to manage the claim from the insurance company’s side and pay as little as possible on your claim. The insurance adjuster will investigate your claim to determine whether it is work-related, review your medical records and bills, authorize or deny payment for medical treatment, approve wage loss benefits, and communicate with you and your doctors while trying to minimize the insurance company’s financial exposure.
The NCM is typically hired by the insurance company to monitor your medical care and influence you and your doctors into doing what the insurance company wants. They may try to attend medical appointments with you, talk to your doctors about your treatment and return to work, and often pressure your doctors to avoid surgery, or release you with few work restrictions and as small of a permanent partial disability rating as possible. Sometimes NCMs can be helpful - such as when your medical providers could provide additional treatment options but are not - but most of the time they are unhelpful to your claim. You have the ability to instruct the NCM to cease attendance at your appointments and not communicate with your medical providers.
Negligence and fault generally do not matter in worker’s compensation. You are entitled to worker’s comp after any injury that occurs while you are in the course and scope of employment if your medical condition arose out of that injury. Your employer does not need to have made a mistake for you to be eligible.
The Wisconsin worker’s compensation system provides no-fault benefits when people are hurt on the job, which includes single-event injuries or injuries from work activities over time. It was established in 1911 and represents a compromise between employers and employees that minimizes risk when workplace injuries occur. In exchange for defined benefits and a no-fault administrative system, workers gave up the right to bring civil personal injury lawsuits against their employers or coworkers unless the injury was from an intentional assault.
While you do need to report a workplace injury, you do not need to file a lawsuit to receive worker’s compensation benefits. In fact, lawsuits are rare in worker’s comp claims. Wisconsin worker’s compensation is an administrative system overseen by state government agencies. Those agencies confirm that the worker’s comp insurance carrier has followed the rules and paid all benefits due in conceded cases, and decide whether to award or deny benefits in disputed cases.
If you experience complications during the process, your claim is denied, or the insurance company pays less than the full value of your claim, our worker’s compensation attorneys can work to obtain a favorable resolution.
Your worker’s compensation claim will not be heard by a jury. If there is a dispute about benefits or if your claim is denied, you can request a hearing before an administrative law judge who will decide your case. This is the primary function that we serve for clients. The process of building a strong case and navigating specific rules requires knowledge of and experience in Wisconsin worker’s compensation law.
After a work injury, the insurance company may deny some or all of your worker’s compensation benefits. In these situations, you can request a hearing with an administrative law judge who will decide your case. This is the primary function that we serve for clients. The process of building a strong case and navigating specific rules requires knowledge of and experience in Wisconsin worker’s compensation law.
The worker’s compensation team at Kingree Law Firm is dedicated to providing high-quality legal representation to injured workers. If you suffered a work injury that resulted in significant lost time from work, permanent disability, permanent wage loss, joint replacement, or if your claim for worker’s compensation benefits has been denied, Kingree Law Firm is here to help. We exclusively practice worker’s compensation and are well-known and highly respected because of our knowledge, skill, and quality case preparation that produces results.
Understanding the truth behind common worker’s compensation myths can make a big difference in your claim. If you've been injured on the job in Wisconsin, don't navigate the process alone. At Kingree Law Firm, we’re committed to protecting your rights and helping you secure the benefits you deserve. To learn more, contact Kingree Law today to schedule an appointment to discuss your situation.
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