How do I file a workers' compensation claim in Wisconsin?

Wisconsin workers' comp is governed by Wis. Stat. Chapter 102, administered by the Department of Workforce Development (DWD), Workers' Compensation Division.

1. Coverage

Required for employers with 3 or more employees, or any employer paying $500+ in wages in a quarter (Wis. Stat. § 102.04). Excluded: federal employees, casual workers not in trade/business, farm employees (if under 6 workers for 20 days), domestic servants in private homes, and qualifying independent contractors under the 9-part test.

2. Notice to Employer

Notice within 30 days of injury (Wis. Stat. § 102.12). Late notice can be excused for mistake of fact or other reasonable cause if no prejudice; absolute bar at 2 years.

3. Claim Filing

File an Application for Hearing with DWD. Statute of limitations: 2 years from injury if employer/carrier paid no compensation; otherwise 12 years from injury or last payment for traumatic injury (Wis. Stat. § 102.17(4)).

4. Benefits

Medical fully covered. Temporary Total Disability pays 2/3 of average weekly wage subject to state max (about $1,156/week for 2026) under § 102.43. Permanent Partial Disability under § 102.52 (loss of use schedule) and § 102.44(3) (functional disability for unscheduled injuries). Permanent Total Disability for life. Death benefits 4× annual earnings up to a cap (§ 102.46) plus $10,000 burial.

5. Independent Medical Exam (IME)

Carrier may require IME under § 102.13. Refusal suspends benefits.

6. Choice of Doctor

Employee may choose any 2 treating physicians plus referrals from those physicians (§ 102.42(2)). Employer cannot dictate provider selection.

7. Denied Claim / Appeal

Administrative Law Judge holds a formal hearing. Appeal to the Labor and Industry Review Commission (LIRC) within 21 days, then to Circuit Court, then Court of Appeals (§ 102.23).

8. Third-Party Suit

Wis. Stat. § 102.29 preserves third-party rights. Distribution: 1/3 to attorney's fees, balance reimburses carrier's lien, remainder to employee with future-credit offset.

This is legal information, not legal advice.