The Wisconsin Department of Health Services recently launched a new workers’ compensation dashboard that provides information about workplace injuries and workers’ compensation claims in the state. The data published through the dashboard provide some interesting insights into trends, common injuries, and the compensation awarded to injured workers and their families. Here are some highlights based on the most-recent data available:

More than 20,000 Employees File Workers’ Compensation Claims in Wisconsin Each Year

According to the latest data in the dashboard, more than 20,000 employees file workers’ compensation claims in Wisconsin each year. While the total number of claims filed has dropped in the past couple of years, this is still a lot of claims.

On average, 76.7% of all workers’ compensation claims filed over the past five years were paid (with the most recent data coming from 2023). Of course, this means that 23.3% of workers’ compensation claims—or nearly one in four—are unsuccessful.

Strains Are the Most Common Injuries Leading to Workers’ Compensation Claims in Wisconsin

The Wisconsin Department of Health Services’ workers compensation dashboard shows that strains, sprains, and tears are the most common injuries leading to workers’ compensation claims by a fairly significant margin. Of the 126,738 claims filed from 2019 to 2023, 49,087 involved these types of injuries. According to the dashboard, the most common causes of workers’ compensation claims in Wisconsin are:

• Strains, sprains, and tears
• Slips, trips and falls
• Miscellaneous causes
• Being struck or injured by an object
• Cuts, punctures, and scrapes
• Getting caught in or under an object
• Striking against or stepping on an object
• Burning and scalding
• Motor vehicle accidents

The dashboard also identifies the most common body parts involved in workers’ compensation claims in Wisconsin. From most common to least, the body parts most commonly injured in work-related accidents are:

• Shoulders
• Lower back
• Knees
• Fingers
• Ankles
• Wrists
• Hands
• Feet
• Body systems

Manufacturing is the Most Dangerous Industry, But Transportation and Material Moving are the Most Dangerous Occupations

Based on the dashboard’s data, manufacturing is the most dangerous industry for workers in Wisconsin. Approximately one in five workplace injuries in Wisconsin involve manufacturing, and the manufacturing industry has a workers’ compensation claim rate of 9 per 1,000 full-time equivalent employees. The industries with the highest numbers of workers’ compensation claims in Wisconsin over the past five years are:

• Manufacturing
• Healthcare and social assistance
• Retail trade
• Transportation and warehousing
• Public administration
• Construction
• Administrative and support services
• Wholesale trade
• Educational services

But, while manufacturing may be the most dangerous industry for workers in Wisconsin, drivers face the highest risk of getting injured on the job. According to the dashboard, the occupations with the highest numbers of workers’ compensation claims in Wisconsin over the past five years are:

• Transportation and material moving
• Production
• Office and administrative support
• Healthcare practitioners and technical services
• Construction and extraction
• Installation, maintenance, and repair
• Building and grounds cleaning and maintenance
• Healthcare support
• Food preparation and serving-related occupations

Lifting Injuries and Shoulder Injuries Are Among the Most Expensive for Employers and Their Insurance Companies

Overall, the Wisconsin Department of Health Services’ workers compensation dashboard shows that lifting injuries are the most expensive for employers and their insurers. Self-insured employers and workers’ compensation insurance companies paid more than $17 million in total non-medical costs (lost time, permanent partial disability, and permanent total disability) for lifting injuries in 2023. Fall-related injuries are the next most-expensive, followed by: sprains, strains, and tears; pushing and pulling injuries; and injuries from twisting and repetitive motion.

Given that lifting injuries are so common, it is not a surprise that shoulder injuries are among the most expensive for employers and their insurers as well. Shoulder injuries accounted for approximately 20% of all non-medical costs paid in 2023, followed by injuries to the knees, lower back, ankles, wrists, and feet. In terms of the nature of workers’ injuries, sprains, strains, and tears are the most costly, followed by fractures and contusions.

Dozens of Wisconsin Families Are Forced to Cope with Fatal Workplace Accidents Every Year

Sadly, the dashboard’s data show that dozens of families in Wisconsin lose loved ones to fatal workplace accidents every year. While the dashboard does not provide detailed information on these fatal accidents, it is safe to assume that many of them occur in the state’s most-dangerous injuries and most-dangerous occupations, which we covered above. When workplace accidents lead to fatalities, spouses and other eligible family members are entitled to seek workers’ compensation death benefits under Wisconsin law.

Are You Struggling to Cope with the Effects of a Work-Related Accident in Wisconsin?

Are you struggling to cope with the effects of a serious or fatal work-related accident? If so, you may be entitled to workers’ compensation benefits under Wisconsin law. Eligible employees and family members can file workers’ compensation claims on a “no fault” basis, which means that proof of the cause of your (or your loved one’s) accident is not required. While there are some exceptions, these exceptions do not apply in most cases.

If you have a workers’ compensation claim, there are specific requirements you need to meet (including strict deadlines), and mistakes and delays can prove very costly in some cases. With this in mind, it is important that you take action as soon as possible. You can hire a lawyer to help with your workers’ compensation claim at no out-of-pocket cost, and you can rely on your lawyer to fight for the benefits you deserve on your behalf.

Schedule a Free Consultation with a Madison Workers’ Compensation Lawyer today

If you or a loved one has been involved in a workplace accident in Wisconsin, we strongly encourage you to contact us for more information about your legal rights. We represent employees and families in workers’ compensation claims statewide. To schedule a free consultation with a Madison workers’ compensation lawyer at Mays Law Firm as soon as possible, call us at 608-291-7609 or tell us how we can reach you online today. 

Worker compensation insurance carriers love to find reasons to deny workers compensation benefits.  Here are the top 10 trending reasons to deny benefits.

1. Not Reporting the Work Injury Promptly
   In Wisconsin, while there is no definitive deadline to report a work injury to your employer, late reporting will lead insurers to question the validity of the claim.  Insurers fail to see that injured workers are often scared to report an injury for fear of repercussions.  Moreover, injured workers often wait on reporting an injury in the hope that it will heal or is not serious enough to report.
2. Supportive Medical Documentation is Lacking
   A Wisconsin workers compensation injury will be denied if there is insufficient medical evidence linking the injury to the workplace exposure or incident.  For example, if the medical treatment records do not mention that the accident or injury occurred at work then the reviewing adjuster will consider this a red flag when determining whether to accept or deny the claim.   It is important for the injured worker to consistently describe to their medical providers the details of how the symptoms/injury occurred so that it is formally documented in the medical records.
3. A Factual Dispute Exists as to Whether the Injury is Work-Related
   A workers compensation insurance company can argue that the injury did not occur because of work-related activities or unrelated to the job if it is not factually supported with details and/or witnesses.  For instance, if you fall and get injured at work but you then report that you have no idea how or why you fell then the claim will likely be denied.  Facts need to support that the injury occurred because the worker was in a zone of danger, such as water or oil on the floor where the worker fell acting as a trip hazard.  It is not enough for the injured worker to claim that because they fell and injured themselves then the claim should be compensable.  Something about the conditions of the employer’s premises had to have put the injured worker in a place of danger.
4. Similar Pre-Existing Injury/Condition
   A workers compensation injury claim will always get denied if the injury or symptoms can be attributed to a pre-existing condition.  For example, back pain documented in medical records weeks, months, and even a year prior to the work injury will allow the insurance carrier to claim that later back injury occurring and reported on the job was pre-existing and not related to the work.
5. Violation of Company Policy
   If the injury occurs because the worker failed to use a safety device then compensation can be reduced for the employee’s failure to obey a reasonable safety rule.  Also, no compensation will be paid if the employee violates an employer’s policy concerning drugs or alcohol use if the violation is causal to the employee’s injury.
6. Injured Worker Fails to Cooperate
   When an injury occurs, the workers compensation carrier must do an investigation into the details of the injury.  Such an investigation requires employee cooperation.  The employee will be asked to give a recorded statement detailing who, what, where, and why details of the injury.  They will also be asked to sign medical authorizations so that the insurance carrier can get access to their medical records.  Moreover, they must keep the insurance carrier updated on changing physical restrictions and whether the employer is providing accommodating work.  If an injured worker fails to cooperate and communicate with the insurance carrier, then their uncooperativeness will be used against them to suspend or deny benefits.
7. Evidence of Injury is Lacking or Insufficient
   The last thing an injured worker thinks about after a workplace injury occurs is documenting it.  Most injured workers know to report their injury to their supervisor/employer but many do not know that timely details should be recorded and saved.  To substantiate the injury, pictures of the scene, equipment, work conditions, witnesses’ names and contact information should be gathered and saved.
8. Missed Deadlines for Filing a Workers Compensation Injury Claim
   Workers compensation claims typically have a statute of limitations.  Wisconsin Statute Sec. 102.17(4) currently provides that a Hearing Application for benefits may be filed within 12 years after the last payment of primary compensation by the insurance carrier for an occupational injury.  The time limit is 6 years for a traumatic injury (occurring after March 2, 2016).  Missing such filing deadlines to toll the claim can lead to an automatic denial by the Department of Workforce Development – Division of Hearings and Appeals.
9. Employee Classification Issues
   In Wisconsin, if a worker is classified as an “Independent Contractor” versus an Employee then they may not be eligible for workers compensation benefits.  However, classification of such is tough because nine statutory requirements must be met in order to be classified as an Independent Contractor.   Mays Law Office encourages any injured worker who has been denied benefits because of independent contractor status to contact our office to discuss if your employment truly falls under the nine requirements.
10. Inconsistent or Conflicting Statements
    Workers compensation insurance companies love to find inconsistencies or discrepancies between the worker’s account of the injury.  Finding such allows them to deny benefits.  Adjuster’s dig through medical records looking for such discrepancies.  They seek out witnesses hoping to contradict the injured worker.  Finding such allows them to point to such inconsistencies as a basis for their denial.

Outsmart Workers Compensation Insurance Companies – Tips to Prevent Denial of Work Injury Claims:

• If you are injured, then report it immediately to a supervisor.  Document such reporting with an email or text message.  Document the injury by taking pictures, keeping notes of the details, and talk/text to witnesses to save their statements.
• Know and follow your employer’s protocols.  Timely complete an Incident Report and keep a copy of it or take a picture of the report with your telephone.
• Seek medical attention immediately, give your medical provider a detailed explanation of how the injury occurred and the symptoms you suffered.  Keep a journal of your medical treatment as to dates and providers.
• Provide consistent explanations of how the injury occurred to your employer, the insurance carriers, and medical providers.
• Consult with an experienced workers compensation attorney, like Mays Law Office, to navigate the claims process.  Mays Law Office offers free consultations.

Unfortunately, there is a trend in the insurance industry to deny workers compensation claims. Here’s why:

1. Profit Motivation
   Workers’ compensation insurance companies are for-profit business entities. It is logical to assume that paying out fewer benefit claims allows them to retain more revenue thereby increasing their profitability.
2. Reduced Payouts
   An insurance carrier that denies benefit claims, even if only temporarily, is able to delay and often completely eliminate the need for payouts.  Insurance carriers know that a certain percentage of injured workers will not fight/appeal for benefits after an initial denial.  The intimidation of being contentious or hiring a lawyer is too stressful for many injured workers.  This tactic allows workers’ compensation insurance companies to invest and grow their reserves while reducing their immediate liabilities.  Mays Law Office encourages Wisconsin injured workers who have been denied benefits to call for a free consultation.  They will be treated with respect and honesty, and safe from intimidation.
3. Deterrence of Fraudulent Claims & Negotiation Strategy
   Workers compensation insurance companies want to send a strong message to employees to not file questionable workers compensation claims. Strict scrutiny of claims discourages fraudulent or exaggerated claims, which would otherwise lead to significant financial losses. Denials are often strategic. By denying a claim initially, worker’s compensation insurers intimidate, and pressure injured workers who are financially destitute into settling for a lower amount than they might otherwise receive. Readily approving injury claims set a precedent to other employees and encourages more claims of a similar nature. Denials send a message to other employees that claims will be rigorously evaluated and defended against. Attorney Lisa Pierobon Mays will not be intimidated; she will take on any Wisconsin employer who unjustly denies workers compensation benefits to an injured worker.
4. Policyholder Retention
   Employers hate work injury claims because it can affect their insurance rates.  Some employers who purchase workers compensation insurance may even seek out certain carriers that keep their premiums low. Denying claims and minimizing benefit payouts helps insurers manage the loss ratios that affect premiums.
5. Legal and Administrative Costs
   While denying benefit claims can lead to legal litigation, workers compensation insurance companies have significant legal resources.  They have attorneys on speed dial that they refer such litigation to.   They see the cost of litigation as worthwhile because of the savings from not paying out the claim.

Workers compensation insurance companies are betting that for every 5 injury claims they deny, only 2-3 will hire an attorney to recover benefits.  They are relying on the savings of those injured workers that did not fight for benefits.  Moreover, in Wisconsin, injured workers who have only unpaid medical treatment expense in dispute are likely left without legal defense because attorneys in Wisconsin are precluded from taking any attorney fee on the recovery of just medical bills.  With this, an injured worker is looking for an attorney who will represent them for free.  Most attorneys will not take on a file without some compensation for their time.  So, Wisconsin injured workers in this situation are left without representation due to this statutory regulation in our workers compensation law.

While it is true that workers compensation insurance companies are financially incentivized to deny or limit claims, they are also bound by legal obligations to act in good faith.  If they do not, they will be faced with penalty claims that give the injured worker additional monies.  Mays Law Office has been very proactive in keeping insurance carriers legally honest in their handling of claims.   Attorney Lisa Pierobon Mays will not hesitate to file a penalty claim against any employer or insurance carrier if benefits clearly should be paid.

Wisconsin injured workers who feel their claims are unjustly denied should consider consulting with an experienced workers compensation attorney, like Attorney Lisa Pierobon Mays, to challenge the decision.  Free consultations are offered at Mays Law Office.  Check out Mays Law Office’s 5-Star Google Reviews from actual past clients – positive reviews and results are the best indicator of a good attorney.

If you’ve been injured on the job in Wisconsin, it is up to you to protect your legal rights. While you may be entitled to workers’ compensation, your employer isn’t going to pay voluntarily—and it might even dispute your claim for benefits.

With this being the case, one of the most important things you can do is learn what it takes to protect your legal rights after an injury on the job. Here is an overview of some of the key facts you need to know:

Key Fact #1: Wisconsin Has Strict Deadlines for Workers’ Compensation Claims

The first thing you need to know is that Wisconsin has strict deadlines for workers’ compensation claims. These deadlines can be confusing—and they can be different in different circumstances—so it is generally best to file your workers’ compensation claim as soon as possible.

As the Wisconsin Department of Workforce Development (DWD) explains, “[y]ou should act to notify your employer and get medical attention without delay.” As it goes on to explain, “[a] delay may negatively affect your health and may even jeopardize your potential worker’s compensation benefits. . . . [and f]ailure to report your injury/illness to your employer within two years could result in your claim for worker’s compensation benefits being denied.”

While the deadline for filing a workers’ compensation claim can be extended to six years—or even 12 years—in some cases, you do not want to wait any longer than necessary to assert your legal rights. You should report your injury to your employer promptly; and, if you have questions or concerns about reporting your injury, you should talk to an experienced workers’ compensation lawyer right away.

Key Fact #2: Employers Dispute Their Employees’ Claims for Benefits in Many Cases

One of the reasons why it is important to file your workers’ compensation claim promptly is that your employer might dispute your claim for benefits, as we mentioned above. If you wait to file, this will give your employer an excuse to argue that your injury might not be work-related. If you can’t prove that you are eligible for benefits, you won’t receive the benefits you deserve.

Along with filing your workers’ compensation claim promptly, there are some additional steps you can take to help maximize your chances of securing the full benefits you deserve. These include taking photos of the accident scene and/or your injuries with your phone, taking detailed notes, and seeing a doctor as soon as possible.

Key Fact #3: You Can (and Should) Choose Your Doctor

Under Wisconsin law, you have the right to choose your doctor when you need treatment for a job-related injury. Unlike other states, in Wisconsin, your employer cannot tell you where to go for treatment. The Wisconsin DWD makes this clear, stating:

“When a worker reports an injury, the employer shall offer the worker the right to select a doctor of the worker’s choice for treatment. The employee may select any physician, psychologist, chiropractor or podiatrist licensed to practice in Wisconsin.”

When you have a workers’ compensation claim (or think you might have a workers’ compensation claim), you should be sure to tell your doctor that your injury is related to your employment. This way, your doctor can note the cause of your injury in your medical records, and this can help with your claim for benefits.

If you decide to see a different doctor for any reason, you are allowed to make one change without your employer’s approval. But, “[a]fter changing doctors once, any further change may be made only by mutual agreement between the employee, employer and [the employer’s] insurance carrier.”

Key Fact #4: Your Employer Should File a Claim with Its Insurance Carrier

One of the first steps you need to take when you have a workers’ compensation claim in Wisconsin is to notify your employer. This initial notification does not need to be in any specific form, though you should make sure it is in writing; and, if your employer has an incident report form, you should fill out the form as completely and accurately as possible.

Once you report your injury, your employer should file a claim with its insurance carrier. Under Wisconsin law, employers have seven days to file a claim after learning of an on-the-job injury. Once an insurance carrier receives a claim, it then has 14 days to file a report with the Workers’ Compensation Division of the Wisconsin DWD.

You should keep track of these deadlines to the best of your ability (or hire a workers’ compensation lawyer to keep track of them for you). If your employer or its insurance carrier does not timely process your claim, you may need to take further action to collect the benefits you deserve.

Key Fact #5: You Will Need to Be Careful to Ensure You Receive Full Workers’ Compensation Benefits

Even if your employer files a timely claim, this does not necessarily mean that you will receive full benefits. Various issues can still arise at this stage. For example, your employer (or its insurance carrier) may question whether your injury is truly job-related or whether you exacerbated your injury by waiting to seek treatment.

If you have a claim for workers’ compensation benefits, you are entitled to coverage for your medical costs from the date you were injured, and you are entitled to disability benefits if you miss four or more days from work. These benefits should continue for the duration of your eligibility. However, employers (and their insurance carriers) frequently attempt to prematurely terminate employees’ benefits as well—and this is another important factor you will need to keep in mind as you move forward.

Speak with an Experienced Workers’ Compensation Lawyer in Madison, WI

Are you entitled to workers’ compensation benefits for a job-related injury? If you have questions about protecting your legal rights, we invite you to get in touch. To schedule a free consultation with an experienced workers’ compensation lawyer in Madison, call 608-291-7609 or request an appointment online today.

Workplace injuries are a significant concern in Wisconsin. Wisconsin is known for its diverse economy that ranges from agriculture to manufacturing. Attorney Lisa Pierobon Mays sees a variety of work-related injuries in her practice of representing Wisconsin injured workers. Let’s review the most common.

1. Musculoskeletal Injuries
   One of the most common types of work injuries in Wisconsin involves musculoskeletal disorders. These injuries primarily affect muscles, tendons, ligaments, and nerves, often resulting from repetitive motion, heavy lifting, or prolonged physical exertion. Industries such as manufacturing, construction, and agriculture are particularly susceptible to these injuries due to the physically demanding nature of the work. Workers may suffer from conditions like carpal tunnel syndrome, tendinitis, and lower back injuries, which can lead to chronic pain and long-term disability if not addressed properly. The best causational proof that an injured worker can gather with these types of injuries is an accurate position description delineating the work that the worker actually does on the job, which includes pushing, pulling, lifting, bending, squatting, kneeling, and reaching. Also, a good description of the hourly and daily frequency of such exertional activity is important when describing the work completed. Pictures of the machinery, tools, and equipment also helps when describing the work to a doctor and ultimately the Judge.
2. Slip, Trip, and Fall Injuries
   Slip, trip, and fall injuries are another prevalent cause of work injuries in Wisconsin, particularly in industries like construction, retail, and healthcare. These accidents often occur due to wet or uneven surfaces, poor lighting, or cluttered walkways. We all suffer through Wisconsin’s snowy conditions when the risk of slip and fall injuries increases significantly. These types of injuries can range from minor bruises to severe fractures, head injuries, and even fatalities. In Wisconsin, employers are required to ensure safe working conditions by maintaining clean, dry, and well-lit environments to minimize these risks. Moreover, Wisconsin employers are also responsible for keeping outside parking lots and walkways safe for their employees’ passage, even if not owned by the employer. Oftentimes, snow and pools of water turn icy and hazardous, especially if salting and shoveling of snow is inadequate. The best causational proof that an injured worker can gather with these types of injuries is pictures or videos of the hazardous surface. Also, witness statements can help collaborate the dangerous conditions of the area. An Employee Incident Report proving immediate reporting of the fall and injury are important time markers that add credibility of the occurrence happening at work.
   
3. Machinery-Related Injuries
   Wisconsin is home to a significant number of manufacturing plants and agricultural operations, where heavy machinery and equipment are commonly used. Consequently, machinery-related injuries are a serious concern. These injuries can result from equipment malfunctions, inadequate safety measures, or lack of proper training. Wisconsin workers may suffer from amputations, crush injuries, lacerations, or even fatalities. The best causational proof that an injured worker can gather with these types of injuries is documentation showing that employers in these industries DID NOT provide adequate training, enforce strict safety protocols, and ensure that machinery is well-maintained and equipped with appropriate safety guards. Pictures and videos of the unsafe equipment or missing safety guards is hard evidence for the employer to defend against.
4. Exposure to Harmful Substances
   Another common type of work injury in Wisconsin involves exposure to harmful substances, particularly in industries such as agriculture, manufacturing, and chemical processing. The Wisconsin worker is often exposed to pesticides, industrial chemicals, asbestos, and other toxic materials that can lead to respiratory problems, skin conditions, poisoning, or long-term health issues such as cancer. Proper protective equipment, regular health monitoring, and adherence to safety regulations are essential to minimize the risks associated with hazardous substances. The best causational proof that an injured worker can gather with these types of injuries is pictures and videos of the hazardous chemical in the work setting, spillage, machinery, and clothing prove the carelessness of its application. Also, obtaining the Material Safety Data Shet (known as MSDS) of the chemical substances is crucial to linking up the injury with the workplace chemical. Lastly, listing the safety precautions (or, lack thereof) such as safety googles, respirator, gloves, proper ventilation, etc. can go a long way to proving the dangerous of the work environment that the injured worker was exposed to in the employment.
5. Transportation-Related Injuries
   Transportation-related injuries are prevalent in Wisconsin, especially in industries such as logistics, construction, traveling employee, and agriculture. These injuries can occur due to vehicle accidents, improper loading and unloading of goods, or falls from vehicles. Given the extensive network of highways and rural roads in Wisconsin, plus hazardous road conditions with our harsh winters, the risk of transportation-related accidents is significant in this state. Employers must ensure that drivers are properly trained, vehicles are well-maintained, and safety protocols are followed to prevent such injuries. The best causational proof that an injured worker can gather with these types of injuries is proof of reporting, such as police reports, dated pictures of the scene showing the damage, a timely filed and descriptive Incident Report given to the employer, and gathering witness names and their contact information with a timely statement of what they saw.
6. Heat and Cold Stress Injuries
   Wisconsin experiences a wide range of temperatures throughout the year, leading to the risk of heat and cold stress injuries. Wisconsin workers in agriculture, construction, and outdoor maintenance are particularly vulnerable to extreme weather conditions. Heat stress can lead to dehydration, heat exhaustion, or heat stroke, while cold stress can cause frostbite, hypothermia, and other cold-related injuries. The best causational proof that an injured worker can gather with these types of injuries is proof that the employer DID NOT take steps to protect workers from extreme weather, such as providing adequate breaks, access to hydration, and proper clothing. Also, weather reports and pictures of the reports proving extreme weather conditions are helpful in supporting the injury as work-related. Proof of timely report to the employer (such as a text message, email or an Incident Report) and timely medical treatment are crucial to prove that an extreme weather injury occurred on the job.

In close, work injuries in Wisconsin are influenced by our state’s diverse industries and environmental factors. Musculoskeletal injuries, slip, trip, and fall incidents, machinery-related injuries, exposure to harmful substances, transportation-related injuries, and heat and cold stress are among only the most common types of workplace injuries suffered by Wisconsin workers.

If you feel that you have suffered an injury at work that has now been DENIED by your employer’s worker’s compensation carrier then do not hesitate to contact Attorney Lisa Pierobon Mays at Mays Law Office. Phone consultations with her are free! Lisa has earned the authentic 5 Star Google Review Rating because she achieves excellent results for her clients.