Wisconsin Workers Compensation Laws

Wisconsin workers compensation laws make it mandatory for employers to carry insurance coverage to ensure monetary benefits to employees who get affected because of work-related injuries or illnesses. However, those who have less than three employees in their organizations have been exempted from this requirement. No waivers are permitted under the laws though. Even domestic servants must also be provided with voluntary worker’s compensation coverage.

Initial Selection Of The Doctor

Unlike the laws in the majority of other states, Wisconsin workers compensation laws allow injured workers to make initial selection of the doctor. However, if employers are not satisfied with the medical reports submitted by that physician, they have the right to request for medical examination by a doctor selected by the concerned State Department.

Waiting Period

Though there is no time limit for monetary benefits, there is a waiting period of three days for an injured worker to qualify for wage loss benefits. It means if the disability caused by the injuries does not allow the worker to return to work for more than three days, he or she becomes eligible for wage loss benefits from the fourth days. However, it is also important to note that if he or she remains absent from work for over seven days because of the occupational injuries or illnesses, the compensation will become retroactive, which means the injured employee will be eligible to receive income loss benefits for the first three days also.

Maximum Attorney’s Fee

Wisconsin workers compensation laws have also imposed a maximum limit on the attorney’s fee. In disputed cases, where employers refuse to pay any compensation or do not pay full amount of compensation that an injured worker thinks he or she is eligible for, a compensation claim can be filed with the court. Considering the complexities of the laws that regulate these types of cases, an attorney is often needed to represent the injured employee. As per the laws, these lawyers must work on a contingency fee basis and their commission must not be higher than 20% of the total amount of compensation awarded to the injured worker (their client).

It is also important to note that there are provisions for burial and death benefits as well under Wisconsin workers compensation laws. In case an employee dies at the workplace, the surviving dependent family members may receive death benefits of up to $200,700 and burial benefits of up to $6,000.