Have you suffered a serious injury on the job or developed a mental condition or occupational disease due to working conditions? If so, then you may have a claim for workers' compensation benefits under Wisconsin law; however, filing a workers' comp claim does not guarantee that you will receive the full extent of benefits to which you are entitled.
At The Previant Law Firm, S.C., our team of skilled workers' comp attorneys helps injured workers bring successful work injury claims and appeals. As Wisconsin’s oldest workers' compensation firm, we have handled cases involving every type of work accidents, occupational diseases, and work injuries. You can rely on us to help you!
Types of Workers' Comp Benefits in Wisconsin
Workers' compensation benefits are based on a formula that allows a certain amount of money for a type of injury, degree of disability, and duration of the disability.
The benefits to which you may be entitled in a workers' compensation case include:
Workers' compensation is not like a personal injury case. If a third party (not connected to your employer or company) contributed to your injuries at work, then it is to your advantage to talk to an attorney at The Previant Law Firm, S.C. about a possible personal injury claim. This may open the door to additional compensation for emotional trauma, the full reimbursement of lost wages, loss of all future earnings, and more.
How Long Do I Have to File My Workers' Comp Claim?
In the state of Wisconsin, an injured party has 6 years to file a workers' compensation claim. Only in very specific circumstances will this be extended, but it would have to be proven that the injured party was restricted from filing within the time frame. Some of these instances would include being absent from the state or not being aware of the extent of the injury until after the deadline had passed. The 6-year limitation replaced the previous 12-year statute of limitations in 2016.
Appealing a Workers' Comp Denial in WI
You can file an appeal if your workmen's compensation claim has been denied. Either the injured worker or the insurance company may appeal the workers' compensation decision of an administrative law judge (ALJ).
The appeal is to the Labor & Industry Review Commission (LIRC), the members of which are appointed by the governor. It is a “paper appeal” in that no new testimony is taken. LIRC reviews the record that was developed at the hearing level.
LIRC has the power to either uphold or overturn the ALJ. Although the ALJ has great discretion in determining which witnesses to believe in making findings in a case, LIRC actually has the final say as far as the “official” opinion of the Workers' Compensation Division. Therefore, LIRC can overturn an ALJ, and LIRC’s decision is the final decision of the Division.
Thereafter, the appeal levels are to the Circuit Court, Court of Appeals, and the Wisconsin Supreme Court.
Contact our Workers' Comp Lawyers Today
Workers' compensation laws and proceedings are complex. Whether you need to file an initial claim, have questions about your right to benefits, or need to file an appeal, our workers' compensation attorneys can help. We can also provide you on information on all aspects of workers' compensation, including how long you have to report a work-related injury.
The Previant Law Firm, S.C. can handle appeals at every level, all the way up to the Wisconsin Supreme Court. Our team will fight to assert your rights so you can recover the benefits you need.
Call (414) 271-4500 to get started! Our workers' compensation firm is dedicated to helping working people recover after on-the-job injuries.