Workers’ compensation attorney fees in Wisconsin are set by law, so you do not pay out of pocket up front. On a disputed or contested claim, the fee is generally capped at 20% of the amount awarded, compromised, or collected (Wis. Stat. § 102.26). On an undisputed claim where the insurer has already admitted liability, the fee is limited to 10%, and no more than $250. The work is done on a contingency basis — if there is no recovery, there is no fee — and case costs such as medical records come out of the recovery separately.

Wisconsin workers’ compensation can pay for several things: your medical treatment reasonably required to cure and relieve the work injury; temporary disability benefits while you recover — generally two-thirds of your average weekly wage when you are wholly off work, or a proportional wage-loss benefit if you return to lighter or reduced-hour work and earn less; permanent disability benefits if the injury leaves lasting effects; vocational retraining if you cannot return to your old job; and death benefits for the eligible dependents of workers killed on the job. The exact dollar amounts are capped by the state and change each year, so the right figures depend on your wage and the date of your injury.

Yes. One of the strongest protections in Wisconsin’s workers’ compensation law is your right to choose your own treating physician. The insurance company pays for treatment that is reasonably required to cure and relieve your injury, but it does not get to pick your doctor for you. This matters, because the doctor treating you — not the insurer’s examiner — is the one who documents your injury, your restrictions, and your recovery.

That exam is called an independent medical examination, or IME, but it is important to understand that it is the insurance company’s doctor, not a neutral one. The insurer chooses and pays that physician, and an unfavorable IME report is one of the most common reasons benefits get cut off or denied. You generally have to attend, but you do not have to face it unprepared — this is a point in a claim where having an attorney, and a strong report from your own treating doctor, becomes especially important.

A denial is not the end of your claim. In Wisconsin you can file an application for a hearing before an administrative law judge, who decides disputed workers’ compensation cases. If you disagree with that decision, it can be appealed to the Labor and Industry Review Commission (LIRC), and from there to the circuit court and the appellate courts. Many denials are based on the insurer’s own medical exam and can be challenged with the right evidence. Because there are deadlines for appealing, it is best to talk to a lawyer promptly after a denial.

Usually no — and that is by design. Workers’ compensation is the exclusive remedy against your employer, which means you generally cannot sue your employer for a workplace injury, even if it was careless (Wis. Stat. § 102.03(2)). In return, you receive benefits without having to prove fault. There is an important exception: if someone other than your employer or a co-worker caused your injury — for example, a negligent driver or the maker of defective equipment — you may be able to bring a separate third-party claim against them in addition to your workers’ compensation benefits.

Often, yes — and serious-injury claims are where injured workers lose the most money by settling too early. Permanent injuries are compensated as permanent partial disability or, in the most catastrophic cases, permanent total disability. For injuries to the back, neck, or other non-scheduled body parts, if you cannot return to your prior job and lose significant earning power, you may have a loss-of-earning-capacity claim that considers your age, education, and work restrictions — and can be worth far more than a basic rating. The most severe injuries (such as amputations, vision loss, permanent brain injury, or certain joint replacements) are taken so seriously that Wisconsin law puts no filing deadline on them at all. Learn more about serious-injury workers’ compensation claims in Wisconsin.

Report your injury to your employer as soon as possible — Wisconsin law expects notice within 30 days (Wis. Stat. § 102.12). There is also a two-year backstop: if no compensation has been paid and no claim has been filed within two years, the claim can be barred unless your employer knew or should have known about the injury. The longer statute of limitations is generally 6 years for a traumatic (single-event) injury occurring on or after March 2, 2016, and 12 years for an occupational disease that develops over time (and for older traumatic injuries) — measured from the injury or the date compensation was last paid, whichever is later (Wis. Stat. § 102.17(4)). Some of the most serious injuries have no deadline at all. Because these time limits are strict and easy to miss, it is safest to get advice early rather than risk losing your right to benefits.

It depends on your injury and whether the insurer disputes your claim. If your employer accepts the claim, medical and wage benefits can begin fairly quickly, and the permanent portion is usually evaluated once your doctor says you have reached maximum medical improvement — the point where your condition has stabilized. If the claim is disputed, it may take longer because it goes through the hearing process before an administrative law judge. An attorney can give you a realistic timeline once they understand the facts of your situation, and can often help resolve disputes more efficiently than going it alone.