Frequently Asked Workers Compensation Questions

The Workers’ compensation laws in Wisconsin can be complicated and frustrating to navigate. If you are dealing with a work-related injury, uncertainty about the benefits you are entitled to is the last thing you need. The experienced legal team at Tabak Law is ready to help. On this page, we address some of the more common questions we receive from injured workers. Every case has unique aspects, however, so it is important to meet with an attorney as soon as possible after you are injured. What you do in those first few days and weeks can have a significant impact on the outcome of your case.

What If The Work Injury Happened Over Many Years?

If you have been doing heavy work for many years, or if you hurt your back in a single accident, you may claim permanency, retraining and loss of earning capacity benefits. Intuitively it makes sense. Just because the injury didn’t happen in an instance should not relieve your employer from liability.

Some of the strongest claims are those where an employee worked for his/her employer for many years and then began having problems that were accelerated by his/her work activity. A common example of this is a nurse who frequently was required to lift patients over ten years and then began having severe low back pain. It is quite intuitive that her back problems were made worse by her work activity, as such, this claim may be compensable.

Can I choose which doctor I go to?

Yes.  You have the right to see any doctor that you choose. However, an injured worker is limited in that they may only go to two separate doctors without a referral.

Can I get Worker’s Compensation and Social Security Disability at the same time?

Yes, an injured worker is eligible to receive 80% of their pre-injury average weekly wage if they are receiving both social security disability and workers’ compensation at the same time. Compared to only 66% of their average weekly wage if they are only receiving workers’ compensation. Refer to the link below for further information on how working may affect your disability claim.

What is the maximum weekly/monthly amount i can get in TTD & PPD?


When should I get a lawyer’s help?

Whenever you face the following dillemas:

  • The doctor you chose and the company doctor disagree regarding your injury.
  • Your employer or the insurance company asks you to give a recorded statement.
  • You are asked to sign a settlement document.
  • You cannot return to work because of your injury.
  • It is more than two weeks since your injury and you have not recieved any benefits.
  • You were terminated  after your work injury

How much will it cost to retain an attorney?

Lawyer’s fees are charged in worker’s compensation only if the claim is successful. By statute, fees are 20% of the amount in dispute.

How long am I entitled to benefits after getting hurt at work?

Until your doctor says you have reached your healing plateau. If your employer cannot offer work within the temporary restrictions provided by your doctor, benefits continue.
Hurt at work? If you or someone you know has been injured on the job, they may be eligible for workers’ compensation benefits including lost wages, coverage of medical bills, job retraining and even a lump sum cash settlement! The worker’s compensation system can be complicated and frustrating to navigate. At Tabak Law, we’ve helped hundreds of injured workers. Contact Tabak Law to set up an absolutely risk-free consultation.
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