Your Rights and Responsibilities
Worker’s Compensation Rights When injured On the Job
The State of Wisconsin generously protects the rights of workers who are injured while working on the job. Many legal rights have been bestowed upon injured employees who suffer injury to shoulders, elbows, knees, or ankles. Know your rights. These rights protect your health and well-being. They set you on the right path to recovery.
Your most basic right is the right to receive Worker’s Compensation benefits. Worker’s Compensation is also commonly referred to as “Workman’s Compensation,” “Work Comp,” “Workmens Comp,” “workers’ comp,” “Worker Compensation” and many other terms. It doesn’t matter legally who caused (or helped cause) your injury. Your rights are secure.
You have the right to receive reasonable and necessary medical care. Your doctor will prescribe the treatment needed to treat your work injury or sickness. If you don’t agree with the doctor, you have the further right to select a different doctor as your second choice. You can choose any doctor who is licensed and currently practicing in Wisconsin. It’s more difficult to choose an out-of-state doctor or to select still another doctor as your third choice. In these cases, you need to secure agreement from the insurance company. When one doctor refers you to another doctor, this is still “one” choice. The second doctor you see can be any physician you choose.
There are other rights which are often unstated, but are nonetheless absolute. You have the right to choose any doctor you desire. You do not have to go to the clinic or doctor recommended by your employer or insurance company. If you desire specialized care offered by the Wisconsin Work Injury Doctor, your choice must be honored. Selecting a work injury specialist is key to your full recovery.
Dr. Ted Gertel works exclusively for you, further protecting your health and well-being. He will always do what is in your best interest.
Workman’s Comp: Your Responsibilities Post-Injury
You forfeit your right to Worker’s Compensation benefits if you hurt yourself intentionally or are hurt while voluntarily participating in off-hours activity. Also, you are not covered if you are injured during horseplay or fighting (if you are the one who started it).
You have the responsibility to tell your work injury employer right away if you have a work injury or illness. Your employer needs to know immediately if you think your problem is work-related. You then are responsible for getting medical treatment or surgery. You then have the right to refuse surgery if you think it might be harmful or dangerous.
Another of your responsibilities is to submit to a reasonable medical examination. This can be scheduled and determined by your employer or insurance company. However, you are not obligated to submit to medical care at such a facility. Your right to choose your own doctor is absolute.
Injured workers must tell the examining doctor how the injury happened. If you think the injury or illness is job-related, you must inform the doctor of your opinion. This is important because it might determine what treatment the doctor would decide upon. Tell the doctor right away about what you think caused your work injury pain.
You must tell the insurance company if your income changes. It doesn’t matter if your income goes up or down. Such changes might affect the benefits. Similarly, you must tell the insurance company when and if you go back to work, or if you have a job offer from a different firm.
Finally, you are obligated to let the insurance company know how to contact you. This information should include your home address, work address and phone (along with any changes, if they occur). You have to make yourself available if the insurance company needs to reach you.
