Workplace Injury? Turn To Our New Berlin Workers’ Compensation Lawyers.

At the Law Offices of Benske, Gatzke, McFadden and Rose, we advocate for the injured in New Berlin and surrounding areas of Wisconsin, including those who were injured on the job. Our experienced and caring attorneys have earned the trust of former clients and the respect of other lawyers for their knowledge, courtroom skills, and dedication to client well-being.

This page explains Wisconsin’s workers’ compensation benefits. After reading, we encourage you to contact our office, where you will receive case-specific advice and guidance in a welcoming and no-pressure environment.

What Types Of Workers’ Compensation Benefits Are Available In Wisconsin?

In Wisconsin, if you are injured on the job or suffer from an illness related to your work, you are likely eligible for workers’ compensation benefits. The goal of workers’ compensation is to support you as you recover from your work-related injury or illness and help you return to work, if possible. To that end, your claim may involve the following types of benefits:

• Medical expenses: Workers’ compensation covers reasonable and necessary medical treatment related to your work injury or illness. This includes doctor visits, medication and surgeries.
• Wage-replacement benefits: If your injury leaves you unable to work for more than three days, workers’ compensation can provide partial wage-replacement benefits for the time you are out of work. The next section explains this in greater detail.
• Vocational rehabilitation: If you cannot return to your previous type of work due to your injury, you may receive assistance in training for a new job or career that accommodates your disability.
• Death benefits: These benefits are available to the families of workers who were killed on the job. They are meant to provide financial assistance for funeral and burial expenses as well as partial wage replacement due to the loss of a family income earner.

While you are not required to hire a workers’ compensation lawyer, many injured workers find that it is far easier to understand and access these benefits after consulting with an attorney.

Wage-Replacement Benefits Vary By Your Disability Status

Injured workers often wonder how much money they can expect to receive in wage-replacement benefits and for how long. The benefits are a percentage of your preinjury average weekly wages. The specifics and duration will depend, in part, on how your accident-related disability is classified. There are four classifications:

• Temporary total disability (TTD) benefits: If you are completely unable to work for a temporary period due to your work-related injury, TTD benefits provide compensation. These benefits are typically a portion of your average weekly wage.
• Temporary partial disability (TPD) benefits: If you can return to work but you are earning less than you did before your injury because you are only able to work in a limited capacity, TPD benefits may make up some of the difference in your wages.
• Permanent partial disability (PPD) benefits: If your injury results in a permanent disability that does not completely limit your ability to work, PPD benefits are paid. The amount depends on the type and severity of the permanent disability.
• Permanent total disability (PTD) benefits: In the unfortunate event that you are permanently unable to return to any kind of work, PTD benefits provide long-term financial support.

These complex calculations can be difficult to understand on your own, which is one reason why it is beneficial to seek an attorney’s guidance.

Seeking Additional Compensation Through A Third-Party Liability Claim

In Wisconsin, workers’ compensation is a no-fault system. You can seek benefits without needing to prove fault, but you are also generally prohibited from suing your employer for a work-related injury. If someone other than your employer or a coworker was responsible for your injuries, however, you may be able to bring what’s called a third-party liability claim.

For instance, imagine you are a delivery person and you get hurt by a piece of defective equipment while unloading goods. You might have grounds for a third-party liability claim against the manufacturer of that equipment. Suing a third party can provide additional compensation for things like pain and suffering, which are not provided by workers’ compensation.

You can seek workers’ comp benefits as well as a third-party claim, and doing so might provide a greater financial safety net during your recovery. Because our attorneys practice both personal injury law and workers’ compensation law, they are ideally suited to help you with both types of claims.

Frequently Asked Questions About Workers’ Compensation

Here are the answers to some of the most common questions we receive about Wisconsin workers’ compensation cases.

Can I get fired for filing a Wisconsin workers’ compensation claim?

No. Wisconsin law prohibits employers from terminating employees solely because they filed a workers’ compensation claim. This would be considered retaliation and is illegal. If you believe you were fired because you filed a claim, you may have grounds for a wrongful termination lawsuit in addition to your workers’ compensation case.

Can I choose my own doctor for my work injury?

Yes. Under Wisconsin workers’ compensation law, you generally have the right to select your own treating physician. You can also choose to see a specialist if needed. However, your employer’s insurance company may request that you undergo an independent medical examination (IME) with a doctor of their choosing. This does not replace your right to treatment from your preferred physician.

Do I really need a lawyer to help me with my claim?

While not required, having legal representation significantly improves your chances of receiving full benefits. Workers’ compensation insurers often look for reasons to deny or minimize claims. Our attorneys understand how to properly document your injury, counter insurance company tactics and appeal denied claims.

How do I know if I’m eligible to receive Wisconsin workers’ compensation from my employer?

Most Wisconsin workers are covered by workers’ compensation insurance from their first day of employment. To be eligible for benefits, your injury or illness must be work-related, meaning it occurred while performing job duties or as a result of your work environment. This includes injuries that happen at your workplace, at a job site or while traveling for work purposes. You should report any work-related injury to your employer promptly, as delays can complicate the claims process.

Talk To A Workers’ Compensation Lawyer About Your Legal Options

From our office in New Berlin, the Law Offices of Benske, Gatzke, McFadden and Rose serves clients throughout Waukesha County, Milwaukee County and surrounding areas of Wisconsin. If you were injured on the job, contact us to learn how our attorneys can protect your rights and help you seek maximum compensation. To get started, simply contact us online or call 262-214-0380.