Attorney Lisa Pierobon Mays shares some practical tips on what To Do immediately after a workplace injury to protect your health and your legal rights.
Workplace injuries happen fast! How you respond the hours and days afterward can affect your health, job, and financial future for years to come. Whether you slipped on a wet floor, strained your back lifting equipment, or developed a repetitive stress injury over time, it’s critical that you take the right steps from the start
As an established Wisconsin workers compensation attorney of more than two decades, I see too many good people get denied benefits because they did not know how to properly document their injury. That’s why I created this Injury Report Checklist for Wisconsin Workers. It is a a practical tool that helps you stay organized and avoid common pitfalls.
Why Reporting Matters in Wisconsin Workers Compensation Claims
Under Wisconsin law, workers compensation provides benefits to employees who suffer job-related injuries or illnesses. But it’s not automatic. You must report your injury to your employer and take specific steps to qualify. Failing to report your injury quickly or documenting it poorly will lead to delays, denials, or even permanent loss of benefits. Common consequences of failing to properly report an injury:- Employer denies claim due to “lack of notice”
- Delay in receiving medical treatment
- Lost wage replacement denied or underpaid
- Insurer claims injury happened outside of work
- Disputes arise over pre-existing conditions
Mays Law Injury Report Checklist
- Immediate Actions After the Injury
- Stop working immediately
- Notify a supervisor or manager in writing as soon as possible
(Even a text or email counts as written notice.) - Ask for an Incident Report form and fill it out in detail – get a copy of the completed Report or take a picture of it on your phone
- Request medical attention right away—don’t take a “wait and see” approach to treatment
- When Documenting the Scene
- Take photos of the location where you were injured
- Take pictures of the body part that was injured, if feasible
- Take pictures of any hazards (e.g., spill, broken equipment)
- Identify and write down names of any witnesses and their contact information
- Send a text or voice message to a loved one explaining the injury for documentation purposes
- Save all emails or texts you send about the incident
- Medical Treatment
- Tell the doctor it was a work injury, THIS IS CRUCIAL!
- Provide a full history, including how the injury happened and when symptoms began
- Ask for a written work status report after every visit
- Do not miss any medical appointments
- Be cooperative and respectful to your doctor and their medical staff
- Keep all receipts and records from medical visits
- Ongoing Reporting and Follow-Up
- In writing, provide all medical notes and updates to your employer and workers compensation adjuster. Emal is a good way to document that you sent it.
- Track your missed days from work (dates + reasons)
- Write down any changes in job duties or restrictions
- Keep a personal log of your symptoms and pain levels
- Keep taking pictures of your injured body, especially if it involves swelling
- When to Talk to an Attorney
- Your claim is denied or delayed
- Your employer is pressuring you not to file it as a workers compensation injury
- You’re being asked to return to work before you’re ready
- The insurance company wants to send you to an Independent Medical Exam (IME)
- You don’t understand your rights or benefits
Wisconsin Law: How Long Do You Have to Report a Work Injury?
In Wisconsin, you must report a work injury “as soon as practicable.” There is no specific number of days written into the law, but credibility is important and delay causes the employer or insurance company to question your claim. To stay safe, report within 24–48 hours whenever possible. Delays can give the impression you weren’t really hurt, or that the injury didn’t happen at work.Real-Life Example: What Happens If You Don’t Document Properly?
Let’s say you strain your shoulder lifting a heavy box at work. You think it will get better on its own, so you say nothing. A few days later, it worsens, and you finally go to the doctor, but you never mentioned it was job-related. Now, the insurance company claims you didn’t report it in time, and the employer says there’s “no record” of the incident. Even though your injury is legitimate, your claim will be denied. This happens far too often, and it’s avoidable.Real-Life Example: What Happens When You Do It Right?
Now imagine the same scenario, but this time, you:- Texted your supervisor right after it happened
- Took a photo of the box and work area
- Asked a coworker to write a statement
- Told your doctor it was a work injury and followed up with every note