Legal Question in Personal Injury in Wisconsin

Re: Injury

Although I have not done workers compensation work for many years, I think things have not changed much. The amount of the payment is determined by a formula that is based upon your pre-injury earnings and on the percentage of permanent partial disability determined by the doctor. The percentage determines how many weeks of payments you receive. The law in Wisconsin is that you may not sue your employer for injuries you suffer on the job, even if it is the employer's fault. Your only recourse is through workers compensation.

I suggest you contact a workers compensation lawyer to check this all out. I am pretty sure this answer is correct but, as I said earlier, I no longer do any workers compensation law.

Re: Injury

Workers Compensation provides what is often called the "exclusive remedy" for individuals who are injured while in the course of thier employment. What this means is that if you are employed and injured while in the course of your employment, due to the negligence of your employer or another co-employee, under most circumstances, your only remedy for compensation is through your employer's worker compensation insurance coverage for medical expenses, time off work and permanent partial disability benefits. The worker compensation insurance may also, at times, be required to provide other benefits such as re-training benefits, etc. If someone other than your employer or a co-worker were negligent in causing your injuires, then you would have what is called a third-party claim against someone else. Sometimes, the employer can also be required to pay a safety violation penalty, depending upon the facts of the injury. Otherwise, you cannot make a claim, in most instances, against your employer for pain and suffering, or other benefits. Wisconsin Statutes and Codes do provide formulas for how your percentage of permenant partial disability will result in money to you. I would suggest that you consult with attorneys who handle worker compensation claims for more information.