Certain jobs in Wisconsin have certain inherent dangers. If accidents occur at manufacturing plants or construction sites for instance workers can suffer serious injuries as a result. Workers may suffer broken bones, torn ligaments, loss of limbs, traumatic brain injuries, spinal cord injuries, and other types of injuries. These injuries can require significant medical treatment and force the workers to miss time at work.
This can create a very difficult financial situation for the workers in addition to the physical problems they are facing. Workers who are injured while working may be entitled to workers’ compensation benefits though. However, some workers compensation claims are initially denied and in order to receive the compensation the workers deserve they may need to request a hearing.
Requirements for a worker’s compensation hearing
The hearing is before an Administrative Law Judge (ALJ). As an injured worker prepares for a hearing there are certain requirements they need to know.
- The employee should contact witnesses as early as possible to ensure they will be available to appear.
- If workers are claiming a loss of earning capacity, they must make the claim within 60 days of the hearing and name their expert as well.
- The employee needs to file certified medical records and WKC-16-B reports at least 15 days before the hearing
- The employee has the burden to prove their case and must ensure they have the proper evidence to prove their claim.
- If the employee needs to move the hearing they must make the request within seven days of receiving the notice of the hearing date.
If a worker’s initial worker’s compensation claim is denied in Wisconsin, it is not the end of the road and injured worker can request a hearing. It is important to properly prepare for these hearings though. If people miss the deadlines, it can really hurt their case. It is also important to understand how to properly present evidence and cross examine witnesses. Experienced attorneys understand the hearing process and will be able to guide one through the process.