Questions + Answers About

Workers' Compensation

What if my workers’ compensation claim was initially being paid but benefits have now stopped?

Workers’ compensation is intended to be temporary. It is designed to compensate you for losses due to your accident or illness while you are unable to work. The goal is to get you back to work as soon as medically possible, so payment will eventually stop.

They must provide you 30 days notice and a clear explanation of why your benefits are being stopped. Some common reasons include:

- Your doctor determines you are able to return to work.
- Your employer offers you light duty work that accommodates your health/physical condition.
- A doctor determines you have reached maximum medical improvement.
- Your employer’s insurance carrier says your injury did not occur at work.
- The insurance company’s doctor reports you had a pre-existing condition.

If you believe your benefits have been stopped prematurely, contact Gingras, Thomsen & Wachs for a review of your case.
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Can I see my own doctor?

Yes, in the state of Wisconsin you have the right to select your own doctor for diagnosis and treatment related to your workers' compensation case.
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Can I still receive workers’ compensation benefits if the accident was my fault?

Yes, workers’ compensation insurance is a no-fault system that does not require a determination of liability in order to recover benefits. If you are injured on the job, you can usually receive funds from your company’s workers’ compensation insurance, regardless of whether or not you caused the accident.
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Will workers’ compensation cover me for work-related illness or injuries that aren’t the result of an accident?

Yes, workers' compensation will cover you for work-related injuries such as repetitive motion injuries, exposure to fumes or stress-related trauma.
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My workers’ compensation claim was denied. What should I do?

If your claim for workers' compensation was denied, the first thing you need to do is determine the reason why. This should be explained in the denial letter. You could be denied for simply not meeting the eligibility requirements, but if you believe the denial was reached in error, you may appeal.

To appeal, contact Gingras, Thomsen & Wachs for a review of your case. Our experienced attorneys will review your application and recommend next steps.
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Who is eligible for workers’ compensation?

If you were hurt at work, you could be entitled to workers' compensation benefits, including payment for medical bills and lost wages. As long as you’re eligible, you may receive compensation regardless of who was at fault for the injury. In exchange for this protection, you lose the right to file a lawsuit against your employer for damages.

Typically, there are four basic eligibility requirements for workers' comp benefits:

- You must be an employee.
- Your employer must carry workers' compensation insurance.
- You must have a work-related injury or illness.
- You must meet your state's deadlines for reporting the injury and filing a workers' compensation claim.
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