Appealing 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.

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.

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.