Workers Compensation is a statutory liability imposed on all employers by the State of Wisconsin. We must follow the law in administering this requirement.
Information on Workers Compensation and the Rights and Duties for Employees and Employers can be found on the State of Wisconsin web site under the Department of Workforce Development. We urge you to look at the WC information on the State web site as it explains the Act and answers many questions: www.dwd.state.wi.us/wc. It is a good idea to understand this process so you can work with others to manage any work related claim appropriately.
When any work-related incident occurs to an employee, the workers compensation procedure goes into effect. If a work-related incident has occurred, the employee should, if possible, report the incident to a supervisor, and the supervisor should contact the Office of Risk Management at 288-6806. If a supervisor is not available, the employee may initiate the call. The supervisor will receive a form (WKC-12 – Employer’s First Report of Injury or Disease) to complete. This is a Wisconsin State form required to be filed under the Act. An internal form (MUWCF10), Marquette University Workers Compensation Employee First Report of Incident, should also be completed by the employee.
The Employee and Injury Information section should be completed quickly and sent back to Risk Management. Never delay in reporting the incident gathering information to complete the form; Risk Management can complete the form as long as the incident has been reported.
An internal form (MUWCF10 ), Marquette University Worker’s Compensation Employee First Report of Incident, should also be completed by the employee.
In the case of a severe injury or when the employee is unable to complete the form, another administrator may fill out the form preliminarily and forward it to the Office of Risk Management.
In the case of a severe injury and/or when emergency medical treatment is required, the Department of Public Safety is to be called.
Medical bills are compensable under the Act for claims due to work-related injury. When the injured employee receives hospital or medical bills for treatment due to a work-related incident, they should initially send them to the Office of Risk Management or later, if instructed, to the insurance company/claim manager. Risk Management will forward bills to the appropriate claim manager for handling and payment. Employees may instruct their physicians to directly forward bills to the insurer/claim administrator if the claim has been reported and the incident has been determined as work-related to facilitate faster payment.
Lost wages from a work injury are paid if unable to work. The State formula is to pay 2/3rd of the employee’s average weekly wage based on a six-day, not a five-day week subject to a maximum. There is a three-day waiting period for lost days which is rescinded after 7 days of lost work. The maximum weekly payment under the law is based approximately on an after tax annual wage of $55,000. Lost wages are not taxable and are not included in W-2 forms. The intent is for Workers Compensation weekly pay to be as close to the five-day wage amount after taxes when working.
For most Wisconsin employees, this calculation provides a weekly benefit for lost wages approximate to their normal weekly, after taxed net payroll, roughly 80% of gross wages. Employees are not losing 1/3rd of their pay. Additionally, Family Medical Leave Provisions run concurrently with Workers Compensation lost time disability.
Employee’s accrued sick or vacation leave time may be taken in cases where Workers Compensation eligibility is under review and during the Wisconsin three-day waiting period for lost time benefits. Leave time can be restored if the claim is later determined to be work-related and the amount received is offset by a future workers compensation payment or paid back by the employee. Other departments such as Human Resources and Payroll work with the Office of Risk Management to coordinate benefits.
The employee is required to present to the supervisor, a doctor’s release to work, outlining any restrictions, if applicable, that affect the employee’s ability to perform work duties. The employee’s supervisor must send the release to the Office of Risk Management and inform the offices of Risk Management and Human Resources of the date of return and the total scheduled workdays missed. If work restrictions continue, a physician’s restriction notice must be presented to the supervisor and sent to the Office of Risk Management. Similarly, when the employee is released from work restrictions, contact the Office of Risk Management and send them the restriction release.