Wisconsin Workers' Compensation: Deadlines, Benefits and How to File
Wisconsin workers' comp rules: who must carry it, deadlines to report and file, weekly benefit rate and maximum, choosing a doctor, appeals and retaliation.
Quick answers for Wisconsin
- Deadline to report the injury
- No claim can be pursued unless the employer (or an officer, manager or designated representative, or any superior if none is designated) actually receives notice within 30 days after the injury, or within 30 days after the worker knew or should have known of the disability and its… Wis. Stat. § 102.12; DWD, Worker's Compensation for Workers
- Deadline to file a claim
- If no compensation other than medical treatment or burial expenses has been paid, an application must be filed with the Department of Workforce Development within two years of the injury (or of when the worker knew or should have known it was work-related), unless the employer knew or… Wis. Stat. §§ 102.12, 102.17(4); DWD, Worker's Compensation for Workers
- Weekly benefit rate
- Temporary total disability is two-thirds of the worker's average weekly earnings, up to the state maximum for the year of injury. Wis. Stat. § 102.43
- Maximum weekly benefit
- For injuries on or after Jan. 1, 2026, the maximum weekly rate for temporary total, permanent total and death benefits is $1,375 (based on a maximum weekly wage of $2,062.50). DWD, Worker's Compensation Maximum Wage and Rate Chart (WKC-9572-P, rev. 04/2026); DWD, 2025 Wisconsin Act 145 summary
Last verified: 2026-10-27
Coverage and deadlines
| Which employers must carry it | Wisconsin employers are covered if they employ three or more employees at any time, or fewer than three if they pay $500 or more in wages in any calendar quarter. Farmers are covered if they employ six or more employees on any 20 days in a calendar year. State and local governments are also covered. The Department of Workforce Development notes that nearly all employees are covered; exceptions include certain volunteers and qualifying religious sect members, and federal employees, interstate railroad workers, seamen and longshore workers, who are covered by federal laws. |
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| Deadline to report the injury | No claim can be pursued unless the employer (or an officer, manager or designated representative, or any superior if none is designated) actually receives notice within 30 days after the injury, or within 30 days after the worker knew or should have known of the disability and its relation to work. Lack of notice does not bar the claim if the employer was not misled. In any case, if no compensation (other than medical or burial expenses) has been paid and no application is filed within two years, the claim is barred unless the employer knew or should have known of the injury within those two years. DWD advises telling your supervisor immediately. |
| Deadline to file a claim | If no compensation other than medical treatment or burial expenses has been paid, an application must be filed with the Department of Workforce Development within two years of the injury (or of when the worker knew or should have known it was work-related), unless the employer knew or should have known of the injury within that period. Once a claim is established, the right to proceed generally lasts six years for traumatic injuries and 12 years for occupational diseases, measured from the injury or the last payment of compensation, whichever is later. |
| Waiting period | Wage-loss compensation begins on the fourth calendar day (not counting Sundays unless the employee works Sundays) after the employee leaves work because of the injury. If the disability lasts more than seven calendar days, the first three days are also paid. |
Benefits
| Weekly benefit rate | Temporary total disability is two-thirds of the worker's average weekly earnings, up to the state maximum for the year of injury. Temporary partial disability is a proportion of the total disability rate equal to the worker's actual wage loss compared with pre-injury wages. Source: Wis. Stat. § 102.43 |
|---|---|
| Maximum weekly benefit | For injuries on or after Jan. 1, 2026, the maximum weekly rate for temporary total, permanent total and death benefits is $1,375 (based on a maximum weekly wage of $2,062.50). The maximum permanent partial disability rate is $446 for injuries from Jan. 1, 2026 and $454 for injuries on or after April 1, 2026 (rising to $462 on Jan. 1, 2027). |
| How long benefits last | Temporary disability benefits are payable weekly during the disability; the statute does not set an overall maximum number of weeks for temporary total disability. Temporary disability includes time reasonably needed for training in the use of artificial members and appliances, and time spent in approved vocational retraining; temporary disability paid only because of retraining is limited to 80 weeks unless the Department of Workforce Development determines that additional training is warranted. If a renewed period of temporary disability begins more than 2 years after the injury, it is paid at the maximum rate in effect when the new period begins (or the same proportion of it). |
| Permanent disability | Permanent partial disability is paid, in addition to healing-period benefits, at two-thirds of average weekly earnings (up to the permanent partial disability maximum, $454 per week for injuries on or after April 1, 2026) for the number of weeks in a statutory schedule (for example, 500 weeks for loss of an arm at the shoulder and 400 weeks for a hand). Disabilities not on the schedule are paid in proportion to 1,000 weeks, based on how the injury compares with permanent total disability. Permanent total disability is paid weekly for life; for injuries on or after Jan. 1, 2026, the weekly amount is increased starting on the sixth anniversary of the injury. |
| Death benefits | If a work injury causes death and the worker leaves someone wholly dependent, the death benefit equals four times the worker's average annual earnings (maximum $412,500 for 2026 injuries), reduced by disability benefits already paid. A surviving spouse may receive up to $1,375 per week for 2026 injuries. The employer or insurer pays actual burial expenses up to $10,000. |
Doctors, filing, settlements and appeals
| Choosing a doctor | When the employer knows of the injury, it must offer the worker a choice of any physician, chiropractor, psychologist, dentist, physician assistant, advanced practice registered nurse or podiatrist licensed and practicing in Wisconsin. In an emergency, the employer may arrange treatment first. The worker has the right to a second choice of practitioner after notifying the employer or insurer; further choices, or out-of-state practitioners, require agreement (referrals from the chosen practitioner do not count as a new choice). |
|---|---|
| How to file | Tell your supervisor immediately and get medical care. Your employer must report the injury to its insurance carrier or claims administrator, which reports it to the Worker's Compensation Division; you should generally receive a check within 14 days if you are off work. If your claim is denied, unrepresented workers are first referred to the Division's Alternative Dispute Resolution unit; if the dispute is not resolved, you can file an application for hearing with medical support. Questions: (608) 266-1340. |
| Settlements | A workers' compensation claim may be resolved by compromise, stipulation or agreement without a hearing, and the Department of Workforce Development's administrative law judges may approve, review, set aside, modify or confirm settlements and compromises. A settlement is treated as a compromise only if the word "compromise" appears in the stipulation; otherwise further claims are not barred. The Department may review and set aside, modify or confirm a compromise within one year after it is filed or an award based on it is entered, and the employer, insurer and employee have equal rights to seek that review. Payments under a compromise, including a lump sum, may be paid directly to the employee. Wis. Admin. |
| Appealing a denial | An administrative law judge decides disputed claims after a hearing. A party may petition the Labor and Industry Review Commission (LIRC) for review; the petition must be received within 21 days after the department mailed the judge's findings and order. Within 30 days after a LIRC order or award, an aggrieved party may seek judicial review in circuit court. |
| Deadline to challenge a denial | A disputed claim starts with a written application for hearing filed with the Department of Workforce Development, which sends it to the other parties. A party may petition the Labor and Industry Review Commission to review a hearing examiner's decision awarding or denying compensation; the petition must be received within 21 days after the decision was mailed, or it will be dismissed unless the late filing was for reasons beyond the petitioner's control. Within 30 days after the date of the Commission's order or award, an aggrieved party may start an action for review in circuit court. Read in the 2023-24 Wisconsin Statutes PDF on docs.legis.wisconsin.gov (updated through 2025 Wis. Act 247, published 10-1-26). |
| Retaliation for filing | An employer that, without reasonable cause, refuses to rehire an employee injured on the job when suitable work within the employee's limitations is available must pay the employee the wages lost during the refusal, up to one year's wages, in addition to other benefits. Seniority rules and collective bargaining agreements govern availability. Court notes in the statutes indicate that firing an employee during the healing period because of the work injury can count as a refusal to rehire. Source: Wis. Stat. § 102.35(3) |
| Filing or checking a claim online | Report your accident or ailment to your supervisor immediately. Your employer reports to its insurer, which reports to DWD's Worker's Compensation Division if required; you do not have to file a claim yourself if you reported the injury. For a dispute, you can ask the Division for a hearing before an administrative law judge (hearing application forms are available from the Division). Worker's Compensation Division: (608) 266-1340. |
| Lawyer fees in comp cases | Wisconsin law caps attorney (or representative) fees in worker's compensation cases at 20 percent of the amount at which the claim is compromised, awarded or collected, unless the department has authorized otherwise. Where liability is admitted, the amount is undisputed and no hearing or appeal is needed, the fee may not exceed 10 percent and no more than $250. On application, the department may set the fee and order it paid from the award, directly to the attorney. DWD notes fees and costs are deducted from the worker's payments, and settlements must be approved by the Worker's Compensation Division. DWD guide: https://dwd.wisconsin.gov/dwd/publications/wc/wkc-18-p.htm Source: Wis. Stat. 102.26; DWD WKC-18-P |
Lawsuits and uninsured employers
| Suing your employer | Generally no. Where the conditions for workers' comp liability exist, the right to recover workers' comp is the exclusive remedy against the employer, any other employee of the same employer, and the workers' comp insurer. The statute still allows a suit against a co-employee for an assault intended to cause bodily harm, for negligent operation of a motor vehicle not owned or leased by the employer, or where a governmental unit would pay the judgment under a collective bargaining agreement or ordinance. Read in the 2023-24 Wisconsin Statutes PDF on docs.legis.wisconsin.gov (updated through 2025 Wis. Act 247, published 10-1-26). Source: Wis. Stat. § 102.03(2) |
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| Suing someone other than your employer | Yes. Making a workers' comp claim does not affect the worker's right to sue any other party (a '3rd party') responsible for the injury, and the employer or insurer that paid or must pay comp (or the state, if it paid from the uninsured employers fund) may also sue; each must give the other reasonable notice and an opportunity to join and be represented. From the proceeds, after the reasonable cost of collection, one-third of the remainder goes to the worker in any event; the employer, insurer or fund is then reimbursed for comp paid or owed in the future (with listed exceptions), and any balance goes to the worker. Read in the 2023-24 Wisconsin Statutes PDF on docs.legis.wisconsin.gov (updated through 2025 Wis. Act 247, published 10-1-26). Source: Wis. Stat. § 102.29(1) |
| If your employer has no workers' comp | If an employee of an uninsured employer suffers a work injury for which the employer is liable, the Department of Workforce Development (or its reinsurer) pays the employee or dependents an amount equal to the workers' comp the uninsured employer owes, except certain penalties and interest, from the uninsured employers fund. If the department pays or must pay under this section, it may also bring a tort action against a responsible third party. Read in the 2023-24 Wisconsin Statutes PDF on docs.legis.wisconsin.gov (updated through 2025 Wis. Act 247, published 10-1-26). The penalty and collection sections (§§ 102.82-102.85) were identified by title only and are not described. |
Where to get help in Wisconsin
Workers' Compensation FAQ
Which employers must have workers' comp in Wisconsin?
Wisconsin employers are covered if they employ three or more employees at any time, or fewer than three if they pay $500 or more in wages in any calendar quarter. Farmers are covered if they employ six or more employees on any 20 days in a calendar year. State and local governments are also covered. The Department of Workforce Development notes that nearly all employees are covered; exceptions include certain volunteers and qualifying religious sect members, and federal employees, interstate railroad workers, seamen and longshore workers, who are covered by federal laws.
How long do you have to report a work injury in Wisconsin?
No claim can be pursued unless the employer (or an officer, manager or designated representative, or any superior if none is designated) actually receives notice within 30 days after the injury, or within 30 days after the worker knew or should have known of the disability and its relation to work. Lack of notice does not bar the claim if the employer was not misled. In any case, if no compensation (other than medical or burial expenses) has been paid and no application is filed within two years, the claim is barred unless the employer knew or should have known of the injury within those two years. DWD advises telling your supervisor immediately.
What is the deadline to file a workers' comp claim in Wisconsin?
If no compensation other than medical treatment or burial expenses has been paid, an application must be filed with the Department of Workforce Development within two years of the injury (or of when the worker knew or should have known it was work-related), unless the employer knew or should have known of the injury within that period. Once a claim is established, the right to proceed generally lasts six years for traumatic injuries and 12 years for occupational diseases, measured from the injury or the last payment of compensation, whichever is later.
Is there a waiting period for workers' comp in Wisconsin?
Wage-loss compensation begins on the fourth calendar day (not counting Sundays unless the employee works Sundays) after the employee leaves work because of the injury. If the disability lasts more than seven calendar days, the first three days are also paid.
How much does workers' comp pay in Wisconsin?
Temporary total disability is two-thirds of the worker's average weekly earnings, up to the state maximum for the year of injury. Temporary partial disability is a proportion of the total disability rate equal to the worker's actual wage loss compared with pre-injury wages.
What is the maximum workers' comp benefit in Wisconsin?
For injuries on or after Jan. 1, 2026, the maximum weekly rate for temporary total, permanent total and death benefits is $1,375 (based on a maximum weekly wage of $2,062.50). The maximum permanent partial disability rate is $446 for injuries from Jan. 1, 2026 and $454 for injuries on or after April 1, 2026 (rising to $462 on Jan. 1, 2027).
Can you choose your own doctor for workers' comp in Wisconsin?
When the employer knows of the injury, it must offer the worker a choice of any physician, chiropractor, psychologist, dentist, physician assistant, advanced practice registered nurse or podiatrist licensed and practicing in Wisconsin. In an emergency, the employer may arrange treatment first. The worker has the right to a second choice of practitioner after notifying the employer or insurer; further choices, or out-of-state practitioners, require agreement (referrals from the chosen practitioner do not count as a new choice).
How does permanent disability work under workers' comp in Wisconsin?
Permanent partial disability is paid, in addition to healing-period benefits, at two-thirds of average weekly earnings (up to the permanent partial disability maximum, $454 per week for injuries on or after April 1, 2026) for the number of weeks in a statutory schedule (for example, 500 weeks for loss of an arm at the shoulder and 400 weeks for a hand). Disabilities not on the schedule are paid in proportion to 1,000 weeks, based on how the injury compares with permanent total disability. Permanent total disability is paid weekly for life; for injuries on or after Jan. 1, 2026, the weekly amount is increased starting on the sixth anniversary of the injury.
What workers' comp death benefits are available in Wisconsin?
If a work injury causes death and the worker leaves someone wholly dependent, the death benefit equals four times the worker's average annual earnings (maximum $412,500 for 2026 injuries), reduced by disability benefits already paid. A surviving spouse may receive up to $1,375 per week for 2026 injuries. The employer or insurer pays actual burial expenses up to $10,000.
How do you file a workers' comp claim in Wisconsin?
Tell your supervisor immediately and get medical care. Your employer must report the injury to its insurance carrier or claims administrator, which reports it to the Worker's Compensation Division; you should generally receive a check within 14 days if you are off work. If your claim is denied, unrepresented workers are first referred to the Division's Alternative Dispute Resolution unit; if the dispute is not resolved, you can file an application for hearing with medical support. Questions: (608) 266-1340.
How do you appeal a denied workers' comp claim in Wisconsin?
An administrative law judge decides disputed claims after a hearing. A party may petition the Labor and Industry Review Commission (LIRC) for review; the petition must be received within 21 days after the department mailed the judge's findings and order. Within 30 days after a LIRC order or award, an aggrieved party may seek judicial review in circuit court.
Can you be fired for filing workers' comp in Wisconsin?
An employer that, without reasonable cause, refuses to rehire an employee injured on the job when suitable work within the employee's limitations is available must pay the employee the wages lost during the refusal, up to one year's wages, in addition to other benefits. Seniority rules and collective bargaining agreements govern availability.
How long can you receive workers' comp in Wisconsin?
Temporary disability benefits are payable weekly during the disability; the statute does not set an overall maximum number of weeks for temporary total disability. Temporary disability includes time reasonably needed for training in the use of artificial members and appliances, and time spent in approved vocational retraining; temporary disability paid only because of retraining is limited to 80 weeks unless the Department of Workforce Development determines that additional training is warranted. If a renewed period of temporary disability begins more than 2 years after the injury, it is paid at the maximum rate in effect when the new period begins (or the same proportion of it).
How do workers' comp settlements work in Wisconsin?
A workers' compensation claim may be resolved by compromise, stipulation or agreement without a hearing, and the Department of Workforce Development's administrative law judges may approve, review, set aside, modify or confirm settlements and compromises. A settlement is treated as a compromise only if the word "compromise" appears in the stipulation; otherwise further claims are not barred. The Department may review and set aside, modify or confirm a compromise within one year after it is filed or an award based on it is entered, and the employer, insurer and employee have equal rights to seek that review. Payments under a compromise, including a lump sum, may be paid directly to the employee.
How do I file or check a workers' comp claim online in Wisconsin?
Report your accident or ailment to your supervisor immediately. Your employer reports to its insurer, which reports to DWD's Worker's Compensation Division if required; you do not have to file a claim yourself if you reported the injury. For a dispute, you can ask the Division for a hearing before an administrative law judge (hearing application forms are available from the Division). Worker's Compensation Division: (608) 266-1340.
How much can a workers' comp lawyer charge in Wisconsin?
Wisconsin law caps attorney (or representative) fees in worker's compensation cases at 20 percent of the amount at which the claim is compromised, awarded or collected, unless the department has authorized otherwise. Where liability is admitted, the amount is undisputed and no hearing or appeal is needed, the fee may not exceed 10 percent and no more than $250. On application, the department may set the fee and order it paid from the award, directly to the attorney. DWD notes fees and costs are deducted from the worker's payments, and settlements must be approved by the Worker's Compensation Division.
Can you sue your employer for a work injury in Wisconsin?
Generally no. Where the conditions for workers' comp liability exist, the right to recover workers' comp is the exclusive remedy against the employer, any other employee of the same employer, and the workers' comp insurer. The statute still allows a suit against a co-employee for an assault intended to cause bodily harm, for negligent operation of a motor vehicle not owned or leased by the employer, or where a governmental unit would pay the judgment under a collective bargaining agreement or ordinance.
Can you sue a third party for a work injury in Wisconsin?
Yes. Making a workers' comp claim does not affect the worker's right to sue any other party (a '3rd party') responsible for the injury, and the employer or insurer that paid or must pay comp (or the state, if it paid from the uninsured employers fund) may also sue; each must give the other reasonable notice and an opportunity to join and be represented. From the proceeds, after the reasonable cost of collection, one-third of the remainder goes to the worker in any event; the employer, insurer or fund is then reimbursed for comp paid or owed in the future (with listed exceptions), and any balance goes to the worker.
What if my employer doesn't have workers' comp insurance in Wisconsin?
If an employee of an uninsured employer suffers a work injury for which the employer is liable, the Department of Workforce Development (or its reinsurer) pays the employee or dependents an amount equal to the workers' comp the uninsured employer owes, except certain penalties and interest, from the uninsured employers fund. If the department pays or must pay under this section, it may also bring a tort action against a responsible third party.
How long do you have to appeal a denied workers' comp claim in Wisconsin?
A disputed claim starts with a written application for hearing filed with the Department of Workforce Development, which sends it to the other parties. A party may petition the Labor and Industry Review Commission to review a hearing examiner's decision awarding or denying compensation; the petition must be received within 21 days after the decision was mailed, or it will be dismissed unless the late filing was for reasons beyond the petitioner's control. Within 30 days after the date of the Commission's order or award, an aggrieved party may start an action for review in circuit court.
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