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What Is Workers' Compensation?

Every state has passed workers' compensation laws that provide benefits to employees injured at work. These laws have a variety of names, such as workers' compensation, workman's compensation, worker's compensation, or work comp. These laws require that employees suffering on-the-job injuries receive compensation to replace lost wages and cover medical expenses. Most state laws provide that employers must either carry insurance through a private carrier or show that they can self-insure against claims by workers injured on the job. Other states provide that employers must pay into a state workers' compensation fund.

What If My Employer Will Not Rehire Me?

Once you have received a physician's permission to return to work following an occupational injury, you will most likely wish to return to your previous job. This can prove problematic. Your employer has no legal responsibility to hold a position for you or create a new one once you have made your recovery.

What If My Employer Does Not Carry Worker's Compensation Insurance?

Nearly all employers in Wisconsin are required by law to carry Wisconsin workers' compensation insurance. However, if your employer does not carry worker's compensation insurance and is illegally uninsured, you may still file for workers' compensation benefits through the Uninsured Employers Fund (UEF). 

What Does "Arising Out Of Unemployment" Mean?

Generally, any injury occurring at work which is due to a traumatic incident, such as falling from a ladder, or that is due to cumulative factors, like injuries caused by repetitive motions, would be considered as arising out of employment. Illnesses created by the work environment, like medical conditions caused by exposure to chemicals, are also compensable. In general, any injury or illness that requires the worker to see a doctor or that results in disability or death qualifies for workers' compensation benefits. A doctor must be able to verify that there is objective medical evidence showing that an injury or disease exists and that work exposure was the major cause.

What Are An Employer's Responsibilities Under Worker's Compensation Laws?

Employer's Responsibilities in all 50 states are to provide workers' compensation coverage according to their respective state's laws and regulations. The laws in some states provide an exception for some very small employers and allow some large employers to be self-insuring. In addition to providing coverage, however, employers may have additional responsibilities. These responsibilities include: 

Are There Any Exceptions To The General Rule That When Employees Are Injured At Work, They Receive Worker's Compensation?

State workers' compensation laws do provide exceptions to the rule that workers injured on the job are entitled to compensation. Each state is different, but the exceptions may include:

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Mays Law Office, LLC

6405 Century Avenue
Suite 103
Middleton, WI 53562

Phone: 608-535-4719
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