Workers’ compensation provides financial relief and medical support after a workplace injury, but navigating the system isn’t always straightforward. In Wisconsin, injured workers filed 22,348 workers’ comp claims in 2023, but many were delayed or denied due to widespread misconceptions.
Misinformation spreads quickly, often fueled by confusing paperwork, vague employer communication, and fear of retaliation.
In this post, we’ll debunk five common myths about workers’ compensation in Wisconsin, the truth behind them, and how a skilled Appleton workers’ compensation lawyer can protect your benefits.
Myth #1: You Can Only File a Claim for Sudden, One-Time Injuries
Many workers think workers’ comp only applies to sudden accidents, like slipping on a wet floor or getting hit by machinery. But Wisconsin law also covers cumulative injuries and occupational illnesses, including:
- Repetitive stress injuries like carpal tunnel syndrome, tendonitis, and chronic back pain resulting from repeated movements on the job
- Occupational diseases, such as respiratory conditions or hearing loss from long-term exposure to chemicals, dust, or loud noise
If you’ve experienced health problems that developed gradually over time, you may still qualify for benefits, if a doctor can connect your condition to your work duties.
Myth #2: Your Employer Can Fire You for Filing a Workers’ Comp Claim
Fear of retaliation prevents many injured employees from reporting injuries. But in Wisconsin, it’s illegal for your employer to fire or discipline you because you filed a workers’ compensation claim.
If you’re let go after filing, your employer must show it was for a legitimate reason, not because you exercised your rights. Otherwise, you may have grounds for a separate retaliation claim in addition to your workers’ comp case.
Myth #3: You Must Use the Doctor Chosen by Your Employer for the Duration of Your Claim
Many workers think they must use the company’s doctor throughout their claim, which can be discouraging, especially when that provider controls their treatment plan, work restrictions, and return-to-work timeline. Some people skip filing to avoid being treated by someone they don’t fully trust.
In Wisconsin, you can choose your own doctor from the start. You’re also allowed to switch providers once, if necessary. While your employer or their insurer might request an independent medical exam (IME), that doesn’t override your right to keep receiving care from a doctor you feel comfortable with.
Myth #4: A Pre-Existing Condition Means You Don’t Qualify
Some workers hesitate to file a claim because they’ve had prior injuries or chronic health issues. But a pre-existing condition does not automatically disqualify you from receiving benefits.
Wisconsin’s workers’ compensation system recognizes that job duties can aggravate a pre‑existing condition. Under Statute § 102.03, if your work worsened, accelerated, or contributed to an old injury, even if it wasn’t originally job‑related, the resulting symptoms may still qualify you for benefits.
Medical documentation, such as WKC‑16-B, supports these claims when a physician confirms the aggravation was a factor in your disability.
Myth #5: You Don’t Need a Lawyer for Workers’ Comp Claims
While it’s true that some claims go through without issues, many do not. Insurance companies often deny valid claims, underpay benefits, or argue that injuries aren’t work-related.
Challenging those decisions without legal help can leave you without financial support when you’re most vulnerable. A qualified work injury attorney can help you:
- File your claim correctly and meet the two-year deadline for workers’ comp
- Gather medical records and expert opinions to support your case
- Dispute denied claims or reduced benefits
They can also evaluate whether you’re eligible for additional compensation, such as permanent disability, vocational retraining, or even a separate personal injury claim.
Get Qualified Legal Help With Your Workers’ Compensation Claim
After a workplace injury, misinformation and confusion can stand between you and the benefits you’re entitled to. A local attorney who knows the system can guide you through the process and fight for the full support you deserve.
At Brian Hodgkiss Injury Lawyers, we represent injured workers throughout Wisconsin. Our team can explain your options, help you file a claim, and represent you during an appeal if your benefits have been delayed, reduced, or denied.
Contact us today for a free case review and let us help you protect your health, income, and future.
