Workers' Comp FAQs

At Brandau & Waltz Law Offices, LLP, we represent individuals whose lives have been disrupted by a work-related injury or illness. As a firm assisting clients in both Minnesota and Wisconsin, it's important to remember that numerous state laws, terms and other issues may be different between each state. No matter if you live in Wisconsin and work in Minnesota, or the other way around, we can help you understand how the laws apply to you and your situation.

Below you will find some frequently asked questions with general answers. For comprehensive explanations and an assessment of your case, contact attorney Peter T. Waltz at 608-784-2050 to schedule a free initial consultation (for workers' compensation) to share your story.

Is my injury covered by workers' comp?

Nearly all employers in Wisconsin and Minnesota are required to carry workers' compensation insurance. In a few cases, smaller companies may be exempt, such as small farms. After a work-related injury, contact our La Crosse law office to determine if your case warrants workers' comp coverage.

Do I need to report a workplace injury or illness to my supervisor?

It's important to document an injury or illness right away, even if you think it is a minor inconvenience that will heal on its own. If you fail to report an injury, you may be unable to receive the full benefits you need later if the injury proves to be more severe than you previously thought. Getting immediate treatment and documenting your treatment are incredibly important when pursuing workers' comp.

Should I worry about repercussions for reporting my injury to my supervisor?

Your employer will likely report your case to its insurance company, which will then report your claim to the state agency handling workers' compensation cases. It is important to work with an experienced attorney when dealing with your employer's insurance company. You will likely be asked to sign statements, acquiesce to making recorded statements or perform other acts that could hinder your ability to pursue the compensation you deserve. Sign nothing until you speak with a lawyer.

What can workers' compensation laws provide?

Numerous benefits are available for medical expenses resulting from the injury, lost wages and for a permanent injury or resulting disability. If your injury renders you unable to perform your previous duties, you may be eligible for retraining to take on a new position. Our attorneys can help ensure that you receive all the benefits you are entitled to.

I don't feel ready to return to work, but my doctor says that I'm healthy enough to go back to my job. What is the best course of action?

Even if you don't feel completely healthy, it's best to follow your doctor's recommendation. However, there may be opportunities for "light duty" or alternative responsibilities that allow you to return to work, but still take the time you need to make a full recovery.

What can I do if my employer refuses to rehire me once I'm ready to return to my previous job?

Although your employer is not required to hold your position, if there is a job available, it should be made available to you. You may be entitled to further compensation if your employer refuses to hire you for a job for which you are fit. We can work with you to ensure you are being treated fairly as you attempt to come back to work.

Will I receive workers' comp benefits if I'm partially to blame for the accident that caused my injuries?

If negligence played a role in your accident, you may still be entitled to benefits. However, you will not receive compensation if you were injured in an off-duty activity, you injured yourself intentionally or you were injured committing an act that violated workplace rules, such as fighting.

Can I sue my employer for negligence?

While you are unable to sue your employer, you may be able to sue a third-party contractor or other company whose behavior contributed to your injury or illness. Our firm's attorneys can investigate the circumstances of your injury and determine if you have a case for bringing a suit against a third party.

What if I live in Wisconsin, but work in Minnesota?

In Minnesota, if you are injured in the state, you are entitled to Minnesota workers' compensation. In many cases, if you are traveling through the state on business, you may also be entitled to workers' compensation benefits in Minnesota.

Contact Us To Discuss Your Concerns 

Contact our La Crosse law office by calling 608-784-2050 or send us an email by completing our online contact form.