When it comes to being injured on the job, there are a plethora of factors involved. In some cases, it may not be immediately obvious that a major injury has occurred, or the worker may want to continue working for fear of losing employment. The worker likely also doesn’t know the rules and regulations around workers compensation claims in Wisconsin.
How Long Do I have to file a worker’s comp claim in Wisconsin?
While these situations happen, the fact is, every injury should be reported to the employer right away. Another good rule of thumb is to contact an attorney soon after the injury occurs. While the employer needs to contact their insurance company and stay up on the employee’s condition, they often operate within the best needs of the business – which may not have the employee’s best interests in mind. This is why having an attorney involved early is always a good idea so something is on file.
Although it is best practice to report a work injury to an employer right away, there is time in case the condition was not known or other factors arise. In most situations, a report should be made within 30 days of the accident to avoid any possible issues. But, there are extenuating circumstances as well. For example, if the employer was aware of the injury, or should have been, the statute of limitations for making a claim is six years. In addition, there is no statute of limitations when it comes to occupational disease and certain traumatic injuries.
How Long do employers have to report an injury in Wisconsin?
When an employer becomes aware of an injury to an employee, a report must be made to its worker’s compensation insurance carrier within seven days. In the event an employee is killed, the report must be made within 24 hours.
The next step is for the insurance carrier to electronically report all compensable injury claims to the WC Division within 14 days of the injury. They must then take extra steps to ensure everything is on file.
Getting a Lawyer involved in a worker’s comp claim in Wisconsin
As mentioned earlier, it is a good idea to get a lawyer involved early when a workplace injury occurs to make sure all decisions being made are within the employee’s best interest. There are also a lot of steps during the process that a lawyer understands that the typical employee may not. In addition, appeals to decisions can be made which a lawyer is best suited to handle. A lawyer can also get a second opinion and use a medical reference outside of what the employer and their insurance company may choose.
Tabak Law has years of experience handling worker’s compensation claims, and understands the complete ins and outs of worker’s compensation claims in Milwaukee and Wisconsin. The law firm has handled multiple claims of every one of the following conditions and more:
- Injuries caused by heavy machinery, including forklifts and cranes
- Construction accidents
- Scaffolding accidents
- Explosions
- Electrical accidents and electrocutions
- Slip and falls
- Back injuries caused by lifting
- Carpal tunnel syndrome
- Any other work-related injury
Get in touch with the professionals today for a free evaluation of your worker’s compensation claim at 844-432-0114.