Wisconsin
Choice of Doctor and Payment of Medical Expenses
An employee who is injured at work or suffers from an occupational disease, is entitled to
payment of all medical, surgical and hospital treatment relating to the injury including: doctor
bills, hospital bills, medicines, medical and surgical supplies, crutches and artificial limbs. In
addition, an injured employee is entitled to compensation for lost time and traveling expenses
incurred for treatment or examination.
All reasonable and necessary medical expenses must be paid by the employer, or by the
insurance carrier, whether or not weekly benefits are also due for temporary or permanent
disability.
Selection of a Doctor
When a worker reports an injury, the employer shall offer the worker the right to select a
doctor of the worker's choice for treatment. The employee may select any physician,
psychologist, chiropractor or podiatrist licensed to practice in Wisconsin. If the injury creates
an emergency situation, the employer may make whatever arrangements are necessary for
immediate treatment. Once the emergency passes, the worker has the right to select a doctor
for future treatment.
Employee Allowed First And Second Choice Of Doctor
The law recognizes that if the employee does not have confidence in the first doctor, recovery
may be delayed. If the employee is not satisfied with the first doctor s/he chooses, a second
choice is allowed. While the worker must notify the employer of this second choice, the
employer may not object to it.
After changing doctors once, any further change may be made only by mutual agreement
between the employee, employer and insurance carrier. If the attending doctor refers the
employee to a specialist or a series of specialists, this referral is still considered to be
treatment by one doctor. If several doctors in one partnership or clinic are seen, these are all
considered one doctor.
Failure to notify the employer of the initial selection or of a change of doctors can lead to a
disputed claim and the possibility of the injured employee having to pay for the entire cost of
treatment.
Any Doctor In an Emergency
In an emergency situation, an employee can go to any doctor for treatment. The employer
should be notified as soon as possible thereafter.
Examination by Employer's Doctor
On written request, an employee should submit promptly to a reasonable examination by any
doctor (physician, chiropractor, psychologist or podiatrist) named by the employer or
insurance company. Independent Medical Examination
Refusal of Treatment
No compensation is payable for disability of an employee if the disability was caused by, or
aggravated by, an unreasonable refusal or neglect to submit to or follow reasonable medical or
surgical treatment. However, an employee may refuse surgery, which might endanger life or
limb.
Out of State Treatment
The employee may treat with a medical practitioner not licensed in Wisconsin, with the
consent of the insurer. The insurer’s consent is not necessary if the out-of-state treatment is
based on a referral from a practitioner licensed in Wisconsin.
Choice of Doctor and Payment of Medical Expenses
An employee who is injured at work or suffers from an occupational disease, is entitled to
payment of all medical, surgical and hospital treatment relating to the injury including: doctor
bills, hospital bills, medicines, medical and surgical supplies, crutches and artificial limbs. In
addition, an injured employee is entitled to compensation for lost time and traveling expenses
incurred for treatment or examination.
All reasonable and necessary medical expenses must be paid by the employer, or by the
insurance carrier, whether or not weekly benefits are also due for temporary or permanent
disability.
Selection of a Doctor
When a worker reports an injury, the employer shall offer the worker the right to select a
doctor of the worker's choice for treatment. The employee may select any physician,
psychologist, chiropractor or podiatrist licensed to practice in Wisconsin. If the injury creates
an emergency situation, the employer may make whatever arrangements are necessary for
immediate treatment. Once the emergency passes, the worker has the right to select a doctor
for future treatment.
Employee Allowed First And Second Choice Of Doctor
The law recognizes that if the employee does not have confidence in the first doctor, recovery
may be delayed. If the employee is not satisfied with the first doctor s/he chooses, a second
choice is allowed. While the worker must notify the employer of this second choice, the
employer may not object to it.
After changing doctors once, any further change may be made only by mutual agreement
between the employee, employer and insurance carrier. If the attending doctor refers the
employee to a specialist or a series of specialists, this referral is still considered to be
treatment by one doctor. If several doctors in one partnership or clinic are seen, these are all
considered one doctor.
Failure to notify the employer of the initial selection or of a change of doctors can lead to a
disputed claim and the possibility of the injured employee having to pay for the entire cost of
treatment.
Any Doctor In an Emergency
In an emergency situation, an employee can go to any doctor for treatment. The employer
should be notified as soon as possible thereafter.
Examination by Employer's Doctor
On written request, an employee should submit promptly to a reasonable examination by any
doctor (physician, chiropractor, psychologist or podiatrist) named by the employer or
insurance company. Independent Medical Examination
Refusal of Treatment
No compensation is payable for disability of an employee if the disability was caused by, or
aggravated by, an unreasonable refusal or neglect to submit to or follow reasonable medical or
surgical treatment. However, an employee may refuse surgery, which might endanger life or
limb.
Out of State Treatment
The employee may treat with a medical practitioner not licensed in Wisconsin, with the
consent of the insurer. The insurer’s consent is not necessary if the out-of-state treatment is
based on a referral from a practitioner licensed in Wisconsin.
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CHAPTER 102
WORKER'S COMPENSATION
102.01 Definitions.
102.03 Conditions of liability.
102.04 Definition of employer.
102.05 Election by employer, withdrawal.
102.06 Joint liability of employer and contractor.
102.07 Employee defined.
102.075 Election by sole proprietor, partner or member.
102.076 Election by corporate officer.
102.077 Election by school district or private school.
102.08 Administration for state employees.
102.11 Earnings, method of computation.
102.12 Notice of injury, exception, laches.
102.123 Statement of employee.
102.125 Fraudulent claims reporting and investigation.
102.13 Examination; competent witnesses; exclusion of evidence; autopsy.
102.14 Jurisdiction of department; advisory committee.
102.15 Rules of procedure; transcripts.
102.16 Submission of disputes, contributions by employees.
102.17 Procedure; notice of hearing; witnesses, contempt; testimony, medical examination.
102.175 Apportionment of liability.
102.18 Findings, orders and awards.
102.19 Alien dependents; payments through consular officers.
102.195 Employees confined in institutions; payment of benefits.
102.20 Judgment on award.
102.21 Payment of awards by municipalities.
102.22 Penalty for delayed payments; interest.
102.23 Judicial review.
102.24 Remanding record.
102.25 Appeal from judgment on award.
102.26 Fees and costs.
102.27 Claims and awards protected; exceptions.
102.28 Preference of claims; worker's compensation insurance.
102.29 Third party liability.
102.30 Other insurance not affected; liability of insured employer.
102.31 Worker's compensation insurance; policy regulations.
102.315 Worker's compensation insurance; employee leasing companies.
102.32 Continuing liability; guarantee settlement, gross payment.
102.33 Department forms and records; public access.
102.35 Penalties.
102.37 Employers' records.
102.38 Records and reports of payments.
102.39 Rules and general orders; application of statutes.
102.40 Reports not evidence in actions.
102.42 Incidental compensation.
102.425 Prescription and nonprescription drug treatment.
102.43 Weekly compensation schedule.
102.44 Maximum limitations.
102.45 Benefits payable to minors; how paid.
102.46 Death benefit.
102.47 Death benefit, continued.
102.475 Death benefit; law enforcement and correctional officers, fire fighters, rescue squad
members, diving team members, national or state guard members and emergency management
personnel.
102.48 Death benefit, continued.
102.49 Additional death benefit for children, state fund.
102.50 Burial expenses.
102.51 Dependents.
102.52 Permanent partial disability schedule.
102.53 Multiple injury variations.
102.54 Injury to dominant hand.
102.55 Application of schedules.
102.555 Occupational deafness; definitions.
102.56 Disfigurement.
102.565 Toxic or hazardous exposure; medical examination; conditions of liability.
102.57 Violations of safety provisions, penalty.
102.58 Decreased compensation.
102.59 Preexisting disability, indemnity.
102.60 Minor illegally employed.
102.61 Indemnity under rehabilitation law.
102.62 Primary and secondary liability; unchangeable.
102.63 Refunds by state.
102.64 Attorney general shall represent state and commission.
102.65 Work injury supplemental benefit fund.
102.66 Payment of certain barred claims.
102.75 Administrative expenses.
102.80 Uninsured employers fund.
102.81 Compensation for injured employee of uninsured employer.
102.82 Uninsured employer payments.
102.83 Collection of uninsured employer payments.
102.835 Levy for delinquent payments.
102.84 Preference of required payments.
102.85 Uninsured employers; penalties.
102.87 Citation procedure.
102.88 Penalties; repeaters.
102.89 Parties to a violation.
WORKER'S COMPENSATION
102.01 Definitions.
102.03 Conditions of liability.
102.04 Definition of employer.
102.05 Election by employer, withdrawal.
102.06 Joint liability of employer and contractor.
102.07 Employee defined.
102.075 Election by sole proprietor, partner or member.
102.076 Election by corporate officer.
102.077 Election by school district or private school.
102.08 Administration for state employees.
102.11 Earnings, method of computation.
102.12 Notice of injury, exception, laches.
102.123 Statement of employee.
102.125 Fraudulent claims reporting and investigation.
102.13 Examination; competent witnesses; exclusion of evidence; autopsy.
102.14 Jurisdiction of department; advisory committee.
102.15 Rules of procedure; transcripts.
102.16 Submission of disputes, contributions by employees.
102.17 Procedure; notice of hearing; witnesses, contempt; testimony, medical examination.
102.175 Apportionment of liability.
102.18 Findings, orders and awards.
102.19 Alien dependents; payments through consular officers.
102.195 Employees confined in institutions; payment of benefits.
102.20 Judgment on award.
102.21 Payment of awards by municipalities.
102.22 Penalty for delayed payments; interest.
102.23 Judicial review.
102.24 Remanding record.
102.25 Appeal from judgment on award.
102.26 Fees and costs.
102.27 Claims and awards protected; exceptions.
102.28 Preference of claims; worker's compensation insurance.
102.29 Third party liability.
102.30 Other insurance not affected; liability of insured employer.
102.31 Worker's compensation insurance; policy regulations.
102.315 Worker's compensation insurance; employee leasing companies.
102.32 Continuing liability; guarantee settlement, gross payment.
102.33 Department forms and records; public access.
102.35 Penalties.
102.37 Employers' records.
102.38 Records and reports of payments.
102.39 Rules and general orders; application of statutes.
102.40 Reports not evidence in actions.
102.42 Incidental compensation.
102.425 Prescription and nonprescription drug treatment.
102.43 Weekly compensation schedule.
102.44 Maximum limitations.
102.45 Benefits payable to minors; how paid.
102.46 Death benefit.
102.47 Death benefit, continued.
102.475 Death benefit; law enforcement and correctional officers, fire fighters, rescue squad
members, diving team members, national or state guard members and emergency management
personnel.
102.48 Death benefit, continued.
102.49 Additional death benefit for children, state fund.
102.50 Burial expenses.
102.51 Dependents.
102.52 Permanent partial disability schedule.
102.53 Multiple injury variations.
102.54 Injury to dominant hand.
102.55 Application of schedules.
102.555 Occupational deafness; definitions.
102.56 Disfigurement.
102.565 Toxic or hazardous exposure; medical examination; conditions of liability.
102.57 Violations of safety provisions, penalty.
102.58 Decreased compensation.
102.59 Preexisting disability, indemnity.
102.60 Minor illegally employed.
102.61 Indemnity under rehabilitation law.
102.62 Primary and secondary liability; unchangeable.
102.63 Refunds by state.
102.64 Attorney general shall represent state and commission.
102.65 Work injury supplemental benefit fund.
102.66 Payment of certain barred claims.
102.75 Administrative expenses.
102.80 Uninsured employers fund.
102.81 Compensation for injured employee of uninsured employer.
102.82 Uninsured employer payments.
102.83 Collection of uninsured employer payments.
102.835 Levy for delinquent payments.
102.84 Preference of required payments.
102.85 Uninsured employers; penalties.
102.87 Citation procedure.
102.88 Penalties; repeaters.
102.89 Parties to a violation.
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