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An on-the-job injury can upend your life, putting you out of work and seriously affecting your income, while dealing with pain and potential mobility issues. At Spine and Joint Institute of Milwaukee, we understand how work injuries impact lives and the effect thorough medical care can have on your recovery. Our experienced staff, along with our state-of-the-art facility, offer comprehensive treatments to help you get back to your life.
After a work injury, you should consider filing a workers’ compensation claim. Workers’ compensation insurance, which is carried by your employer, can help cover lost wages and associated medical bills. However, the workers’ compensation process can be complicated and difficult to manage on your own. If you pursue a workers’ compensation claim, full documentation of your injuries and receiving a Permanent Partial Disability (PPD) rating will provide critical information to support your claim. We will provide this documentation while you focus on healing. This will greatly assist your attorney should your claim go to litigation.
Workers' compensation provides various benefits to injured workers. These benefits typically include:
Learn about the steps you should take after a work injury and get answers to frequently asked questions below.
The first step after a workplace injury is to seek immediate medical attention. It is crucial to address your injuries as soon as possible to ensure proper treatment and to determine the severity of your injuries.
Yes. Informing your employer about the injury as soon as possible is essential. This must be done within 30 days after the incident. The employer will complete an incident report and file the claim with their insurance company.
To file a workers' compensation claim, you must notify your employer and provide them with written details. Your employer will file the claim with their worker's compensation insurance and be assigned a claim number and an insurance adjuster. This information must be provided to your doctor or provider.
If your employer refuses to file your claim, as required by law, we will work with you to file a Notification of Work Injury with your employer. If necessary, we can help file directly with your employer’s insurance company. Once your file has been opened with the insurance company your treatment can begin.
This will sometimes happen. The employer is still responsible for payment of all benefits. If our attempts with the Notification of Work Injury fail and we determine that they are not insured, we send a notification to the employer and to the State of Wisconsin. This notice states that because they are uninsured, the state will be covering benefits. The State will fine the employer heavily and compel them to pay back all the benefits to the State. During this process, you will be responsible for getting an attorney to represent you. We can recommend attorneys that are well versed in Worker's Compensation.
It is against the law for any employer to fire you for getting injured on the job. However, that does not mean that you cannot receive treatment under Workers’ Compensation. If you have been hurt at work and been fired, contact Spine and Joint Institute of Milwaukee to discuss your options and next steps to obtain workers’ compensation benefits so you can receive the treatment you need.
Under Wisconsin Workers’ Compensation law, you have the right to choose your own doctor. Some employers and insurance companies will try to dictate where you are supposed to go for treatment which is illegal under Wisconsin law. If needed, you may change your doctor. You can do this twice and must stay with the second unless you get approval from the insurance company.
It is not, if you only attended appointments a few times per their requirements. However, if you continued to see them and attended multiple appointments, this is considered an “adopted choice.” As a result, you would lose one of your two choices of doctors. You may opt to leave that practice and choose your own doctor.
If your workers' compensation claim is denied, you may have the option to appeal the decision. It is advisable to consult with an experienced workers' compensation attorney who can guide you through the process and help you gather the necessary evidence to support your case.
In most cases, we can and will. However, there are some cases where there is not enough evidence to support your case. In that situation, we would be unable to assist you. Generally, if you were injured and we can review all medical records and doctor notes, obtain a detailed history of the events, and perform an examination, we will be able to determine if the claim has merit and if we are able to proceed with treatment. You may need to retain an attorney, and a Letter of Protection would be required to treat you.
The duration of the workers' compensation process can vary depending on several factors, including the complexity of your case and the jurisdiction you are in. Generally, resolving a workers' compensation claim can take several months, but some cases may take longer.
Yes. If your injuries prevent you from working, you may be eligible to receive workers' compensation benefits for lost time at work. These benefits usually cover a percentage of your lost wages. The wages are usually two-thirds of your weekly salary, up to a $1,296 per week maximum for any injuries which occurred on or after January 01, 2024.
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