Were you recently hurt at work? If so, your employer is supposed to report that injury to their workers’ compensation insurance carrier. Unfortunately, your employer may have failed to do so. This might have been purposeful or accidental, but it affects your rights either way. Milwaukee workers should not be stuck hoping their employer does the right thing the correct way. You have ways to protect your claim and your rights to compensation.
The Wisconsin workers’ compensation lawyers at Axis Legal, LLC are ready to help you. We hold employers accountable for their obligations and seek the monetary compensation you’re entitled to.
Why Employers Must Report Work Injuries in Wisconsin
Employers have to report any work-related injury if:
- The employee has to miss more than three days of work, or
- Requires medical treatment more than just first aid
This is called the First Report of Injury. It is sent to the employer’s insurance company. That is supposed to start the claim process.
When an employer fails to report:
- Your medical bills may go unpaid
- Wage-loss benefits may be delayed
- Evidence supporting your claim may weaken
- The insurance company may later dispute the claim due to “late reporting”
A delay hurts you, not them. That’s why taking action quickly is essential.
Step 1: Report the Injury to Your Employer in Writing
Make sure to give a written notice of injury to your employer. You have up to 30 days to report your work injury, but you should do so as soon as possible.
Include:
- Date, time, and location of the injury
- How the injury happened
- Body parts affected
- Any witnesses
- A request that the injury be reported to workers’ compensation
Email works best because it creates a timestamped record.
Step 2: Seek Medical Treatment and Tell the Doctor It’s Work-Related
Even if your employer refuses to report the injury, you can, and should, get medical care.
Tell every provider: “This injury happened at work.”
This makes sure that the documents clearly connect your injury to your job. This is critical, because if the doctor misses doing so it could hurt your case.
Step 3: Contact the Workers’ Compensation Insurance Company Directly
You don’t have to use your employer to start the claim. If you know the insurance carrier’s name, you can call that provider and report the injury yourself. You should give them:
- Your name and job title
- Date and description of the injury
- When you notified your employer
- Where you received medical treatment
The insurer can open a claim even if your employer hasn’t filed the First Report of Injury.
Step 4: File Your Own Claim With the Wisconsin DWD
If your employer still won’t report your injury, or if the insurance company refuses to listen to you, you can report the claim with the state.
You can submit:
- Form WKC-12 (Employee’s Claim Application)
- Supporting medical records
- Any written notice you gave your employer
This step protects your rights and creates an official record of your claim.
Step 5: Document Everything
Protect yourself by keeping:
- Copies of emails or texts notifying your employer
- Witness statements
- Medical records and work restrictions
- Timesheets showing missed work
- Notes about conversations with supervisors or HR
If your employer later claims “you never reported it,” your documentation becomes critical.
Step 6: Watch for Signs of Retaliation
Some Milwaukee workers experience pushback after reporting an injury, including:
- Reduced hours
- Sudden write-ups
- Hostile treatment
- Threats about job security
Wisconsin law prohibits employers from firing or retaliating against you for filing a workers’ compensation claim. If you notice changes in how you’re treated, document them immediately.
Step 7: Speak With a Wisconsin Workers’ Compensation Attorney
When an employer refuses to report an injury, it’s often a sign that the claim may become contested. An attorney can help you:
- Force the employer or insurer to acknowledge the claim
- Gather medical evidence
- Protect you from retaliation
- Pursue unpaid benefits
- Navigate hearings if the claim is denied
Did Your Employer Properly Report Your Injury? If Not, We’re Here to Help
Just because your employer didn’t properly report your injury doesn’t mean there’s no hope. In fact, you are still entitled to medical treatment, wage-loss benefits, and much more to help you recover. Having an attorney at your side is critical to protecting your rights.
Worn down at work? Let the experienced Wisconsin workers’ compensation lawyers at Axis Legal, LLC review your case. Contact us today for a free, no-risk evaluation.