How to File a Workers’ Compensation Claim in Wisconsin

Filing a workers’ compensation claim in Wisconsin can seem daunting, but understanding the process can help simplify it. Below are the steps you need to follow to successfully file a claim and secure the benefits you deserve.

1. Report the Injury

As soon as you sustain a work-related injury, inform your employer right away. Wisconsin law requires you to report your injury within 30 days. The sooner you report the incident, the better your chances are of receiving benefits. Make sure to document the details of your injury, including the date, time, location, and description of how the injury occurred.

2. Seek Medical Treatment

Get medical assistance immediately. In Wisconsin, you have the right to choose your healthcare provider unless your employer has a pre-approved list of doctors. Ensure your healthcare provider documents your injury and treatment plan thoroughly, as this will be essential for your claim.

3. Complete the Injury Report

Your employer may provide you with an accident report form, or you might need to fill out a report form on your own. Fill out the form with all necessary information regarding your accident and your injuries. Ensure you provide accurate details to avoid any delays in the processing of your claim.

4. File the Worker’s Compensation Claim

After you report your injury and complete the accident report, you may need to file a formal claim. This is typically done by completing the Employee’s Claim Form (Form 101). You should submit this to the Wisconsin Department of Workforce Development (DWD) within 12 years of your injury or last payment.

5. Keep Records

Maintain copies of all documents related to your claim, including medical records, correspondence with your employer, and any forms you've submitted. Keeping meticulous records can be beneficial if your claim is disputed later.

6. Follow Up

After filing your claim, follow up with your employer or their insurance company to verify that your claim is being processed. You can also contact the Wisconsin DWD for updates on your claim status.

7. Appeal if Necessary

If your claim is denied, don’t be discouraged. You have the right to appeal the decision. To do so, you must file a written request for a hearing with the Wisconsin Labor and Industry Review Commission (LIRC) within 30 days of receiving the denial notice.

8. Consult a Workers' Compensation Attorney

If you encounter difficulties during your claim process, consider seeking assistance from a workers' compensation attorney. An experienced attorney can provide guidance through the legal complexities and help ensure that you receive the benefits you are entitled to.

Filing a workers’ compensation claim in Wisconsin doesn’t have to be overwhelming. By following these steps and staying organized, you can navigate the process more effectively and focus on your recovery.