How to File a Workers’ Compensation Claim

The Workers’ Comp Claim Filing Process

First thing’s first: after you get hurt at work or get sick due to a workplace incident, you should seek appropriate first aid. If you need to go to an emergency room or a doctor, please do so.

Then, inform your employer. You should do so in writing, by filling out a formal “incident report,” if possible. Documentation of the time, date, and nature of the incident that caused your injury or illness will be important and can help strengthen your standing if there are any questions about a potential future claim. To learn what injuries are specifically covered by workers’ compensation, check out our recent blog.

It is best to create this documentation and inform your employer as soon as you can. In Wisconsin, failing to make a report within two years of an incident could impact your ability to receive compensation, as the delay could generate questions about the legitimacy of your claim.

Once you report your injury and document the incident, you should visit a doctor for an examination. The doctor will be able to provide a formal diagnosis about the type and severity of your injury and will make a recommendation about your course of treatment. These details will ultimately impact any potential workers’ compensation, depending on what the costs of that treatment are and whether and for how long you may need to be away from work. Remember, keep any and all documentation and billing information you receive from your doctor’s office.

When it comes to the claim itself, it is your employer’s responsibility to share information about your injury with the company’s insurance carrier. That insurance carrier will then make a report with the Wisconsin Worker’s Compensation Division.

If, after a review of the claim, you are found to be due compensation for your injury, you will receive compensation from your company’s insurance carrier.


Denied Workers’ Compensation Claims

If this is not the case and the claim is denied, Attorney Rachel Fitzgerald can help you file an appeal. If you still find yourself with questions about the process of filing a claim, don’t hesitate to reach out to our experienced legal team to discuss your concerns. Fitzgerald Law Firm is open and ready to serve clients throughout the Northeast Wisconsin region.

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Fitzgerald Law Firm