When you’re injured on the job, everything can change in an instant. Pain, missed work, and medical bills create uncertainty, and figuring out what kind of compensation claim fits your situation can feel overwhelming. That’s when working with an experienced workers’ compensation attorney in Wisconsin makes all the difference.
At Bakke Norman, we help injured workers understand their rights and choose the right path toward recovery—whether it’s a workers’ compensation claim, a personal injury lawsuit, or both. Knowing which claim applies can help you recover faster and secure the financial support you need to move forward.
What Is Workers’ Compensation in Wisconsin?
Workers’ compensation is a system designed to protect both employees and employers when job-related injuries occur. It provides medical care, wage replacement, and rehabilitation benefits without the need to prove fault. In return, employees typically give up the right to sue their employer directly for most workplace injuries.
If you suffer an injury while performing your job duties, you may qualify for workers’ compensation benefits that cover:
- Medical expenses for treatment and rehabilitation
- Partial wage replacement while you recover
- Vocational training if you cannot return to your previous job
- Permanent disability compensation (if applicable)
However, not all injuries are handled the same way. That’s where an experienced workers’ compensation attorney can guide you through your options and determine if you might also have a separate claim against another party.
Common Workplace Accidents in Wisconsin
Wisconsin workers face unique challenges across many industries. Whether you’re on a farm, a construction site, or in an office, accidents can happen in seconds. At Bakke Norman, we often see cases involving:
- Farming accidents: Heavy equipment, large animals, and chemical exposure can cause severe injuries.
Construction injuries: Falls, machinery accidents, and unsafe job conditions are common. - Slip and fall incidents: Poor maintenance or icy conditions can lead to serious harm.
- Repetitive stress injuries: Constant strain from lifting or typing can cause long-term pain.
- Vehicle-related accidents: Injuries that occur while driving for work or operating heavy vehicles.
Each of these accidents may qualify for different types of claims depending on how, where, and why the injury occurred.
When Does Workers’ Compensation Apply?
Workers’ compensation applies when your injury arises “out of and in the course of employment.” That means the injury must happen while you’re performing job-related tasks or activities.
Examples:
- A dairy farm worker was injured while maintaining equipment.
- A construction worker who slips on a job site.
- A delivery driver was hurt in a vehicle collision while on duty.
In these cases, a workers’ compensation claim typically covers medical treatment and lost wages. But sometimes, another party besides your employer is responsible—and that can open the door to additional compensation through a personal injury claim.
When to Consider a Personal Injury Claim
Not all workplace injuries fall solely under workers’ compensation. Some involve negligence or faulty equipment that extends beyond your employer’s responsibility. If a third party played a role in your accident, a workers’ compensation attorney can help you pursue both a workers’ comp claim and a personal injury case simultaneously.
You may have a personal injury claim if:
- Defective machinery or tools caused your injury.
- A subcontractor or vendor created unsafe conditions.
- A driver (not your employer) caused your accident while you were working.
- A property owner’s negligence led to your injury.
Unlike workers’ compensation, personal injury claims can include pain and suffering, emotional distress, and full wage recovery—not just partial payments.
Workers’ Compensation vs. Personal Injury: The Key Differences
When it comes to injury claims, understanding the distinctions between workers’ compensation and personal injury claims is crucial.
Fault Requirement
In a workers’ compensation case, benefits are provided regardless of fault, meaning that employees can receive compensation for their injuries without needing to prove negligence. Conversely, in a personal injury claim, the injured party must demonstrate that another party was negligent or liable for their injuries.
Who You Sue
For workers’ compensation claims, individuals typically pursue benefits through their employer’s workers’ compensation insurance. In contrast, personal injury claims involve suing a third party, such as an equipment manufacturer or another driver, whose negligence contributed to the injury.
Type of Compensation
In terms of compensation, workers’ compensation may cover medical bills, partial wages, and rehabilitation costs. On the other hand, personal injury claims can provide more comprehensive compensation that includes medical costs, full lost wages, and damages for pain and suffering.
Process
The process for these two types of claims also differs significantly. Workers’ compensation claims are handled through an administrative process involving the Wisconsin Workers’ Compensation Division, while personal injury claims require filing a civil lawsuit in court.
Role of Attorneys
Finally, the roles of attorneys in these situations vary. In workers’ compensation cases, attorneys assist in ensuring fair benefits and managing disputes. In personal injury claims, attorneys focus on building a case to prove liability to secure additional damages for their clients.
Understanding these key differences can help injured workers and accident victims determine the best path for seeking compensation.
Why You Need a Wisconsin Workers’ Compensation Attorney
Navigating the claim process can be confusing and time-consuming—especially when you’re focused on healing. Insurance companies may delay or deny valid claims, and small errors in paperwork can cause major setbacks.
A skilled workers’ compensation attorney can help you:
- Determine whether workers’ compensation or a personal injury claim applies.
- File paperwork correctly and meet deadlines.
- Gather medical records and evidence that support your case.
- Negotiate with insurance companies to secure fair payment.
- Appeal denials or challenge insufficient settlements.
At Bakke Norman, our team combines deep knowledge of Wisconsin labor law with personal attention. We handle every detail so you can focus on recovery instead of red tape.
Common Challenges Workers Face
Even when injuries clearly occur on the job, workers often face obstacles like:
- Claim Denial: Insurers argue the injury wasn’t work-related.
- Low Settlement Offers: Payments that don’t reflect actual losses.
- Employer Retaliation: Fear of losing a job after reporting an injury.
- Complicated Medical Evaluations: Disputes over the extent of disability.
You shouldn’t have to face these challenges alone. A local Wisconsin attorney who knows the system can protect your rights and push back against unfair treatment.
Choosing the Right Attorney for Your Case
When hiring a workers compensation attorney, look for:
- Local Experience: Wisconsin’s laws and procedures differ from those of other states.
- Proven Results: Ask about past settlements or verdicts.
- Accessibility: Choose a lawyer who listens and communicates clearly.
- Full-service Representation: Find a firm that handles both workers’ comp and personal injury when necessary.
Bakke Norman has decades of experience guiding injured Wisconsin workers through both types of claims. From farm accidents to construction injuries, we help clients receive every benefit and dollar they deserve.
Workers Compensation Attorney in New Richmond, WI – Contact Bakke Norman Today
If you’ve been injured at work, don’t wait to find out which claim fits your case. The sooner you contact a workers’ compensation attorney in New Richmond, WI, the sooner you can begin your recovery with confidence.
At Bakke Norman, we help injured workers throughout Wisconsin understand their options, secure compensation, and protect their futures. Whether you’re facing a denied claim or exploring third-party liability, our experienced legal team is here to stand by your side.
Contact us today to schedule a consultation and learn how we can help you move forward after a workplace injury. Visit Bakke Norman to get started.