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What To Do When Your Employer Is Uncooperative in a Workers’ Compensation Claim

Home Employment Law What To Do When Your Employer Is Uncooperative in a Workers’ Compensation Claim


Workers Compensation

Nobody wants to be injured on the job, but work injuries happen across the state of Wisconsin every day. The workers’ compensation system is designed to provide most Wisconsin workers with insurance protection when they are hurt at work.

Workers’ compensation laws say that when work related injury occurs, the employer must pay for the injured employee’s medical bills, including doctor’s bills, hospital bills, prescription and over-the-counter medications, medical or surgical supplies, rehabilitation, and more. In addition, the employer must pay for the employee’s travel expenses to seek treatment. If your injury causes temporary or permanent disability, your employer also should pay weekly benefits while you’re unable to work.

Employers’ Duties

If a work-related injury occurs, the employer is expected to file a claim with its workers compensation insurer promptly.

When the workers’ compensation system operates as intended, it can provide a valuable safety net to injured employees, helping ensure their own financial picture is not negatively impacted because of injuries sustained on the job. Unfortunately, some Wisconsin employers try to stall injured workers’ claims, try to avoid claims, or are simply uncooperative when an employee files a claim.

Steps to Take When Your Employer Isn’t Cooperating

If your employer is not cooperating in filing your claim, your first step should be to take it up with your human resources department. If there was a mistake internally, it may just take you bringing it to the company’s attention for it to be resolved.

If this does not resolve the problem, you can identify your employer’s workers compensation insurance company and make a claim with the insurance company yourself.

If your employer is still stalling or is refusing to cooperate with your claim for workers’ compensation benefits, a Workers’ Compensation attorney may be able to help. You have the right to appeal disputed claims and hiring an attorney who understands the system and processes can help you present evidence to bolster your claim for benefits.

Injured Workers Have Rights

The Wisconsin Worker’s Compensation Act gives workers the right to request hearings before Administrative Law Judges (ALJ) who will review all of the relevant facts and circumstances in disputed workers’ compensation claims and make rulings based on that information.

You may also have the right to sue a third party who is not your employer if you were injured on the job because of that third party’s actions or negligence.

At GCW Lawyers, our workers’ compensation attorneys are committed to helping injured workers across the state of Wisconsin obtain the benefits the law says they are entitled to receive. To learn more and to schedule a free review of your case, contact us today in Madison, Milwaukee, or Eau Claire.