Medical Expenses Under Workers' Compensation

Protecting Wisconsin Workers from Workplace Abuses & Illegal Business Practices

  1. Home
  2. Workers Compensation
  3. Medical Expenses

Medical expenses make up over 60% of all workers compensation benefits paid in Wisconsin. Workers’ compensation law requires the insurance carrier (or self-insured employer) pay for all treatment that may be reasonably required to “cure and relieve” the injured worker from the effects of a work injury. Typical kinds of treatment include office visits, diagnostic tests, medication, physical and occupational therapy, injections, surgery, and pain management. The injured worker is also entitled to reimbursement for transportation costs, usually mileage and parking. Mileage is reimbursed at 51 cents per mile (2020).

Choice of Treating Physician

The first medical expense issue that arises in workers compensation cases is the choice of a treating physician. Wisconsin is one of only a few states that give the injured worker the nearly unlimited ability to choose up to 2 doctors, or “referral streams.” Often, however, employers and their insurers direct injured workers to a particular clinic. It is important to know the choice of physician is yours alone.

You do not have to go where the employer wants you to go. An insurance carrier does not have the right to choose an injured employee’s doctors. Instead, that choice belongs to the employee. In fact, the insurance carrier is responsible for medical expenses from the first doctor with whom the employee treats, and for any “second opinion” doctor the employee might choose.

All doctors practicing in the same clinic system count as one choice, as does any doctor seen upon referral by a prior doctor. You may independently, without a referral, see one additional doctor for a second opinion, and that doctor’s referrals. 

Out of State Treatment

Some work injuries result in medical treatment in another state or country. Common situations are those where the employee lives near the Wisconsin border or requires highly specialized treatment, like at the Mayo Clinic. In order for medical treatment at out-of-state healthcare providers to be covered, the injured worker needs a referral from a physician practicing in Wisconsin.

Post Healing Plateau Expenses

Another common issue in workers compensation cases is whether the insurance carrier must continue to pay for treatment after the treating physician has declared a healing plateau has occurred. Once receiving notice of a healing plateau, most insurance carriers inform the injured worker it will no longer pay for medical treatment related to the injury. The law, however, obligates the insurer to pay for treatment to prevent further deterioration or maintain the existing status of the workers’ condition whether or not the healing plateau has been reached.

If you are not getting medical treatment covered by the workers compensation carrier that you feel should be covered, please consult with one our experienced workers compensation attorneys at Hawks Quindel to make sure you are receiving all the benefits you are entitled to under the law.

Contact Us

Contact us if you would like to discuss your situation or legal rights with a Wisconsin workers compensation attorney. Please call a Madison workers’ compensation attorney directly at (608) 257-0040 or a Milwaukee workers’ compensation attorney at (414) 271-8650, or email us via our Contact Page.

Medical expenses make up over 60% of all workers compensation benefits paid in Wisconsin. Workers’ compensation law requires the insurance carrier (or self-insured employer) pay for all treatment that may be reasonably required to “cure and relieve” the injured worker from the effects of a work injury. Typical kinds of treatment include office visits, diagnostic tests, medication, physical and occupational therapy, injections, surgery, and pain management. The injured worker is also entitled to reimbursement for transportation costs, usually mileage and parking. Mileage is reimbursed at 51 cents per mile (2020).

Choice of Treating Physician

The first medical expense issue that arises in workers compensation cases is the choice of a treating physician. Wisconsin is one of only a few states that give the injured worker the nearly unlimited ability to choose up to 2 doctors, or “referral streams.” Often, however, employers and their insurers direct injured workers to a particular clinic. It is important to know the choice of physician is yours alone.

You do not have to go where the employer wants you to go. An insurance carrier does not have the right to choose an injured employee’s doctors. Instead, that choice belongs to the employee. In fact, the insurance carrier is responsible for medical expenses from the first doctor with whom the employee treats, and for any “second opinion” doctor the employee might choose.

All doctors practicing in the same clinic system count as one choice, as does any doctor seen upon referral by a prior doctor. You may independently, without a referral, see one additional doctor for a second opinion, and that doctor’s referrals. 

Out of State Treatment

Some work injuries result in medical treatment in another state or country. Common situations are those where the employee lives near the Wisconsin border or requires highly specialized treatment, like at the Mayo Clinic. In order for medical treatment at out-of-state healthcare providers to be covered, the injured worker needs a referral from a physician practicing in Wisconsin.

Post Healing Plateau Expenses

Another common issue in workers compensation cases is whether the insurance carrier must continue to pay for treatment after the treating physician has declared a healing plateau has occurred. Once receiving notice of a healing plateau, most insurance carriers inform the injured worker it will no longer pay for medical treatment related to the injury. The law, however, obligates the insurer to pay for treatment to prevent further deterioration or maintain the existing status of the workers’ condition whether or not the healing plateau has been reached.

If you are not getting medical treatment covered by the workers compensation carrier that you feel should be covered, please consult with one our experienced workers compensation attorneys at Hawks Quindel to make sure you are receiving all the benefits you are entitled to under the law.

Contact Us

Contact us if you would like to discuss your situation or legal rights with a Wisconsin workers compensation attorney. Please call a Madison workers’ compensation attorney directly at (608) 257-0040 or a Milwaukee workers’ compensation attorney at (414) 271-8650, or email us via our Contact Page.

Tell us Your Story.
We’ll Tell you If We Can Help.

Hawks Quindel is a plaintiff-side law firm serving the State of Wisconsin and Beyond. In order for your inquiry to be sent to the correct group of attorneys for review, please select one of our areas of practice that best categorize your legal issue.
After receiving your initial inquiry, out attorneys may follow-up with questions relevant to the area of practice that categorizes your specific legal issue.
=

Family & Divorce

Labor Law

Social Security

Employee Benefits

Wage & Hour

Worker's Compensation

Disability Benefits

Duty Disability