When an injury happens at work, you want to do everything right – so you make sure you report the incident to your employer right away.
What happens, however, if your employer doesn’t want to report your claim? Maybe they try to talk you into using your medical insurance to handle your care, or maybe they say the injury isn’t “serious enough” to warrant a claim. Can they really stop your claim from moving forward?
Your employer doesn’t call the shots
In Wisconsin, an employer generally does not have the authority to prevent an eligible employee from pursuing worker’s compensation benefits. The employer is responsible for reporting the injury to its worker’s compensation insurance carrier or claims administrator. They can disagree with the validity of your claim all they want – but they do not have the authority to decide your claim. The insurance carrier – not your employer – determines whether benefits should be paid.
An employer who purposefully fails to report an injury can face penalties of up to 200% of the compensation due, up to a max of $30,000. An employer may also face a 10% penalty, which must be paid to the injured worker, if a reporting delay caused the worker to receive their benefits late.
Don’t wait for your employer to act
Typically, Wisconsin workers have 30 days to report an injury, but acting sooner is wise. That makes it harder for an insurer to question the connection between the incident and your injuries. If your employer is dragging their feet and you want the claim to move forward:
- Notify your employer in writing, even if you already reported the injury verbally.
- Include when, where and how the injury happened.
- Identify any witnesses who saw the accident or knew about the injury.
- Seek necessary medical attention and tell the provider that the injury is work-related.
- Keep copies of medical records, work restrictions and communications with your employer.
- Ask for the name and contact information of the workers’ compensation insurer.
- Contact the insurer directly to report the injury.
If you’re still encountering resistance with your worker’s comp claim, it may be time to seek additional legal guidance. A worker’s compensation attorney can help you document what happened, identify the appropriate insurer and take the necessary steps to pursue the benefits you may be entitled to receive.