Workers' Comp Laws in Wisconsin

Getting hurt on the job is disorienting, and Wisconsin's worker's compensation system runs on strict deadlines that don't wait for you to feel better. These benefits exist because you and your employer paid for them. This guide walks through what to do first, what the law provides, and the deadlines you cannot afford to miss.

The deadlines, up front

• 30 days to give your employer notice of the injury (Wis. Stat. § 102.12). Report it immediately — but if you already missed 30 days, keep reading: the same statute says the absence of notice does not bar recovery if the employer was not misled by it.
• 2 years is the hard reporting cutoff. DWD states that the employee must report the injury to the employer within two years in order to qualify for worker's compensation, and that failing to report within two years could result in the claim being denied.
• 2 years to file an application with the Department, unless your employer already knew about the injury — in which case the period can extend to 6 years (Wis. Stat. §§ 102.12, 102.17(4)).
• 21 days to petition the Labor and Industry Review Commission after an administrative law judge's decision is mailed (Wis. Stat. § 102.18(3)).

What to do first

1. Report the injury to your employer right away. Under Wis. Stat. § 102.12, no claim for compensation may be maintained unless the employer receives actual notice within 30 days after the injury occurs, or within 30 days after you knew or should have known the nature of your disability and its relation to your work. But the 30-day period is not an absolute cutoff. The same statute goes on to say that the absence of notice does not bar recovery if it is found that the employer was not misled by that absence, and that an inaccurate or untrue statement in a notice does not bar recovery unless the employer was in fact misled by it. The outside limit is longer: DWD says the report should usually be made within 30 days, but the employee must report the injury to the employer within two years in order to qualify for worker's compensation. So report immediately — delay can hurt your health and your claim — but if you reported late, do not assume your claim is dead. The Department of Workforce Development tells injured workers to report any work injury or suspected occupational disease immediately to a supervisor, even if the injury seems minor. Put it in writing if you can, and call the Worker's Compensation Division at (608) 266-1340 if you are unsure where you stand.
2. Get medical treatment. DWD advises getting medical attention as soon as possible. You have the right to choose your own doctor (see below).
3. Keep your employer informed about your condition and restrictions. DWD tells injured workers to continue to keep the employer informed about any changes in the injury or condition. If your practitioner releases you to lighter or restricted work during your healing period, DWD says your employer and your practitioner must agree to your returning to some form of work — so talk to both of them about your restrictions and about returning to work within them.
4. Your employer reports the injury. The employer must report the injury to its worker's compensation insurance carrier within 7 days after actual knowledge of it (within 24 hours for a fatality). The carrier then reports the claim to the Worker's Compensation Division. DWD notes that if you reported the injury, you do not have to file a claim yourself.
5. Keep records. Write down the date, time, and how the injury happened; get witness names; and keep your medical and payment records. DWD recommends keeping them for at least twelve years, since a claim generally stays open for six years and some stay open longer.

Wisconsin's worker's compensation agency

Worker's compensation in Wisconsin is administered by the Wisconsin Department of Workforce Development (DWD), Worker's Compensation Division. The Division processes claims, publishes forms and guidance for injured workers, and runs the hearing process when a claim is disputed.

Official site: dwd.wisconsin.gov/wc · Worker resources: dwd.wisconsin.gov/wc/workers · DWD's booklet Facts for Injured Workers: dwd.wisconsin.gov/dwd/publications/wc/wkc-18-p.htm

Who is covered

DWD says nearly all Wisconsin employees are covered. An employer must carry worker's compensation insurance if it:

• Employs 3 or more full-time or part-time employees — coverage is required on the day the third person is employed.
• Employs one or more full-time or part-time employees to whom it has paid combined gross wages of $500 or more in any calendar quarter for work done in Wisconsin — coverage is required by the 10th day of the first month of the next calendar quarter.
• Is a farmer employing 6 or more workers on the same day for any 20 days during a calendar year — coverage is required by the 10th day after the 20th day of employment.

The state and each local governmental unit are employers under the Act (Wis. Stat. § 102.04(1)(a)). Out-of-state employers with employees working in Wisconsin must also carry coverage. DWD lists the main exceptions to the coverage requirement as domestic servants, some farm employees, certain volunteers, and qualifying certified religious sect members. Separate federal systems cover federal employees, interstate railroad workers, seamen, and longshore and harbor workers.

Wisconsin is not a monopolistic state-fund state. Employers buy coverage from private insurance carriers licensed in Wisconsin, or qualify for self-insured status.

The deadline to file a claim

Under Wis. Stat. § 102.12, if no compensation (other than medical treatment or burial expense) has been paid and no application is filed with the Department within 2 years after the date of injury — or after the date you knew or should have known the nature of the disability and its relation to your employment — the right to compensation is barred. For an occupational disease, note that this clock runs from when you knew or should have known the nature of the disability and its work connection, not necessarily from the day symptoms began.

There is an important exception: the 2-year bar does not apply if the employer knew or should have known, within that 2-year period, that you sustained the injury. As DWD puts it, where the employer knew or should have known about the injury, the statute of limitations for making a claim is six years. Under Wis. Stat. § 102.17(4), the right to compensation for a traumatic injury generally does not extend beyond 6 years from the date of injury or last payment of compensation. For occupational disease, and for certain severe traumatic injuries (such as loss of a hand, arm, foot, leg, or eye, permanent brain injury, or an injury requiring a joint replacement), there is no statute of limitations — though compensation after the ordinary period may come from a supplemental fund.

Because whether an exception applies turns on facts specific to your case, treat 2 years from the date of injury as your working deadline and do not count on an exception to rescue a late claim. If you are already past a deadline, still ask — confirm your own deadline with the Worker's Compensation Division before assuming you have no claim.

Medical care: who picks your doctor

You choose your own treating practitioner. DWD confirms that injured workers have the right to choose their own doctor for work injuries, and Wis. Stat. § 102.42(2) requires the employer, once it has notice of the injury, to offer the employee a choice of any physician, chiropractor, psychologist, dentist, physician assistant, advanced practice registered nurse, or podiatrist licensed to practice and practicing in Wisconsin.

You also have the right to a second choice of attending practitioner, on notice to your employer or its insurance carrier. Any further change of practitioner after that must be by mutual agreement. In an emergency the employer may arrange treatment, but once the emergency has passed you must be given your choice of practitioner at the earliest opportunity. Reasonable and necessary medical treatment for the work injury is paid by the self-insured employer or the employer's insurance carrier. DWD also notes that the employer or its insurer has the right to have you examined by a practitioner of its choice, and that your compensation may be delayed if you do not agree to be examined.

Wage-replacement benefits

• Amount: Temporary total disability is two-thirds of your average weekly earnings during the disability (Wis. Stat. § 102.43(1)). Temporary partial disability benefits are available if you return to work at reduced hours or wages. A doctor must document your eligibility for temporary disability benefits.
• Waiting period: There is a three-day waiting period. The first 3 days of lost time are not compensable, and compensation is payable beginning on the 4th calendar day of lost time. DWD notes that the waiting period includes Saturday, and may include Sunday if you normally work on Sunday.
• Retroactive payment: If your disability still exists after 7 calendar days from the date you left work because of the injury, the first 3 days are also due and paid retroactively.
• First payment: DWD says the first payment is generally made by the insurance carrier within 14 days. If it takes longer, contact the employer or carrier to find out why.
• Maximum benefit: Wisconsin sets a maximum weekly compensation rate that adjusts annually and depends on the year of injury. Because that figure changes, confirm the current maximum directly with the Worker's Compensation Division rather than relying on any number you see elsewhere.

Permanent disability

If you do not fully recover, permanent partial disability (PPD) or permanent total disability (PTD) benefits may be paid, with the amount depending on the severity of the permanent disability. Wisconsin treats two categories differently:

• Scheduled injuries — losses involving specific body parts (such as a hand, arm, leg, or eye) are compensated under the statutory schedule at Wis. Stat. §§ 102.52 to 102.56. Loss of earning capacity is not awarded for scheduled injuries.
• Unscheduled injuries — permanent partial disability not covered by that schedule (injuries to areas such as the back) is compensated based at minimum on the physical limitations, and loss of earning capacity can be considered under Wis. Stat. § 102.44(6).

Permanent disability ratings turn heavily on your specific injury and medical findings. Ask the Worker's Compensation Division or a qualified professional how your situation would be classified.

If your claim is denied

A denial is not the end of the road. DWD's process works like this:

1. File an application for hearing. An injured worker has six years from the date of injury, or the date of the last compensation payment, to file an application for a formal hearing before an administrative law judge (ALJ) with the Worker's Compensation Division. Unrepresented (pro se) claims are routed to the Division's Dispute Resolution Section, which attempts informal mediation and may hold a pre-hearing conference.
2. Hearing and decision. The ALJ hears evidence from both sides. The ALJ issues a decision within 90 days after the record closes.
3. Petition the Labor and Industry Review Commission (LIRC). Either party may petition LIRC within 21 days after the ALJ's decision. Under Wis. Stat. § 102.18(3), the Department or the Commission must receive the petition within 21 days after the Department mailed a copy of the findings and order to the parties' last-known addresses. This deadline is short and strictly applied — act immediately if you disagree with a decision.
4. Circuit court and beyond. Within 30 days after a LIRC decision, either party may commence an action in circuit court, with further appeal available to the Wisconsin Court of Appeals and the Wisconsin Supreme Court.

Note: DWD warns that scammers have targeted injured workers with fake hearing notices. The Worker's Compensation Division schedules hearings only by written letter. If you are unsure whether a request came from the Division, call a worker's compensation specialist at (608) 266-1340 to verify.

Where to get help in Wisconsin

• Worker's Compensation Division (DWD): Call (608) 266-1340 with questions about your claim, forms, or the process. Worker resources and contact details are at dwd.wisconsin.gov/wc/workers.
• Wisconsin worker's compensation law: The full Worker's Compensation Act is chapter 102 of the Wisconsin Statutes, available from the Wisconsin Legislature at docs.legis.wisconsin.gov. The notice statute discussed above is at Wis. Stat. § 102.12.
• Workplace safety: Federal workplace-safety complaints and whistleblower protections are handled by OSHA at osha.gov.

This article provides general legal information about Wisconsin worker's compensation law and is not legal advice. For guidance on your specific situation, contact the Wisconsin Worker's Compensation Division or a qualified professional.