Filing a Workers' Comp Claim in Wisconsin
The deadlines to report a work injury and file a claim in Wisconsin, how to file, and how to appeal a denial.
Short answer: 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 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. |
| 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. |
| 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. |
| 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. |
Where to get help in Wisconsin
More Wisconsin workers' compensation
- How Much Workers' Comp Pays in Wisconsin
- Workers' Comp Settlements in Wisconsin
- Retaliation for Filing Workers' Comp in Wisconsin
- Suing Over a Work Injury in Wisconsin
- Appealing a Denied Workers' Comp Claim in Wisconsin
- All Wisconsin workers' compensation rules
FAQ
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.
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.
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.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.