Provisions for Timely Workers' Comp Payments

The Previant Law Firm

What provisions does Wisconsin law make for the timely payment of workers’ compensation benefits?

The Wisconsin Workers’ Compensation Division expects that in a simple, conceded injury case requiring limited investigation, the injured employee will receive the first payment of compensation no later than 30 days after the disability commences. The Division allows the insurance carrier or employer 30 days within which to investigate and decide whether it is liable to pay a claim.

If the employer or insurance carrier delays more than 30 days in making the first payment, the delayed payments may be increased by 10%. The Division may also order the employer or the insurance carrier to reimburse the injured employee for any finance charges, collection charges, or interest that the employee paid as a result of the delay.

Whether the penalty is assessed against either the employer or the insurance carrier depends on which one was responsible for the delay. For example, the employer may have caused the delay by not timely sending the paperwork for the claim to the insurer, or the insurance carrier may be responsible for the delay in failing to timely process the claim.