Claims Kit

Physician Selection 102.42 (2)

When a worker reports an injury, the employer must offer the worker the right to select a doctor of the worker's choice for treatment. The employee may select any physician, psychologist, chiropractor, dentist, podiatrist, physician assistant, advanced practice or nurse prescriber who is licensed to practice in Wisconsin. If the injury creates an emergency situation, the employer may make whatever arrangements are necessary for immediate treatment. Once the emergency passes, the worker has the right to select a doctor for future treatment.

If the employee is not satisfied with the first doctor, one more choice is allowed; however, the worker must notify the employer of this second choice. If the attending doctor refers the employee to a specialist or a series of specialists, this referral is still considered to be treatment by one doctor. If several doctors in one partnership or clinic are seen, these are all considered one doctor. After changing doctors once, any further change may be made only by mutual agreement between the employee, employer and insurance carrier.

Posting Requirements

There are no Worker's Compensation posters required under Worker's Compensation regulations.

Reporting of Claim by Employer DWD 80.02

An employer is required to report all work injuries or illnesses to its worker's compensation insurance carrier within 7 days after the accident or beginning of a disability from occupational disease . If the injury is a fatality, however, the report must be made to the insurance carrier within 1 day. The employer must also report medical only claims to its insurance carrier.  

Penalties for Late Reporting  

If an employer intentionally fails to file a report of injury, the employer may be assessed a penalty for bad faith up to 200% of compensation due up to a $30,000 maximum. An employer may be assessed a 10% penalty payable to the injured worker for delay in reporting an injury that causes an untimely payment.