Brabazon Law Office LLC Green Bay, WI  
 
 

Penalties

Safety Violations

     If an employee is injured at work as the result of the employer’s failure to comply with any statutes, rules or orders of the department, compensation and death benefits may increase by 15%, but this increase is not to exceed $15,000.

     If the employer fails to enforce compliance of statutes, rules or orders with its employees, and it results in an injury at work, this also constitutes a safety violation and is subject to the same benefit increase.

Bad Faith Delay in Payment of Benefits

     It is important for injured workers to promptly file a claim with the workers compensation insurance carrier. If the insurance carrier denies payment of the claim, it must provide the denial and the reason for it to the employee within 7 days. Sometimes, the insurance company will delay payment of worker’s compensation benefits even if it hasn’t denied payment of the claim. It is important for the injured worker to remain on the look out for bad-faith delay of benefits, and to address it promptly if it occurs.

     Wisconsin statutes outline penalties that can be assessed against the employer or its insurer in the event they inexcusably delay in making workers compensation benefits.

     If the employer or the insurer delays in making the first payment to an injured employee for more than 30 days after the wage loss begins to accrue, and if the amount owed is $500 or more, the employer or insurer must issue payments that are delayed and an additional 10%. If the employer or the insurer delays in making the first payment that is due an injured employee for more than 14 days after the day wage loss begins to accrue, for any amount, the employer or insurer must issue the delayed payments and an additional 10%. If the employer or his or her insurer delays for any length of time any other payment that is due an injured worker, that payment may also be increased by 10%. The employer or insurance carrier may also be ordered to reimburse the employee for any finance charges, collection charges or interest which the employee paid as a result of the inexcusable delay by the employer or insurance carrier.

 


Brabazon Law Office, LLC P.O. Box 11213 Green Bay, WI 54307-1213 Phone: (920) 494-1106 Fax: (920) 494-0501 E-Mail: brabazonlaw@msn.com

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