Workers' comp claim denied in Wisconsin: what to do next

A denial means the carrier will not pay voluntarily. If you do not have an attorney, your claim first goes to the Division's free informal alternative dispute resolution: a specialist reviews the issues and medical information and contacts you and the insurer to try to settle it.

Your employer's insurer, not the state, usually decides first. If they deny or delay, the free help listed here can explain your options.

Checked against official sources: October 31, 2026.

Deadlines are strict. If you are near one, call the state agency or free help today.

If your claim is denied or delayed in Wisconsin

Who decides: Worker's Compensation Division, DWD (administrative law judges); appeals to the Labor and Industry Review Commission (LIRC)
First step: A denial means the carrier will not pay voluntarily. If you do not have an attorney, your claim first goes to the Division's free informal alternative dispute resolution: a specialist reviews the issues and medical information and contacts you and the insurer to try to settle it. If that does not work, file an Application for Hearing.
Form: Application for Hearing (WKC-7-E)
Deadline: File the Application for Hearing within 6 years from the date of injury or the date of last compensation payment (no limit for occupational diseases and certain traumatic injuries). A petition for review to LIRC must be filed within 21 days after the ALJ's decision is mailed.
Medical disagreements: Medical disputes are raised through the same informal process and Application for Hearing. You must attend reasonable exams scheduled by the insurance carrier. If your employer neglects or refuses to provide treatment, it is liable for the reasonable cost of treatment you obtain yourself.
: Instructions for completing the Hearing Application (WKC-7)
Instrucciones para llenar la Solicitud de Audiencia (WKC-7, Spanish)
Appealing the decision: Petition for review to the Labor and Industry Review Commission within 21 days; then circuit court within 30 days of LIRC's decision; then the Court of Appeals and the Wisconsin Supreme Court.

Without an attorney, your dispute is first handled informally by a Division specialist (free alternative dispute resolution).
File an Application for Hearing with the Division, with medical information that supports your claim.
For unrepresented workers, a pre-hearing conference with an administrative law judge is held to narrow the issues; ALJs also conduct mediations.
An administrative law judge holds the hearing and issues a written decision, within 90 days after the record closes.
Either side may petition the Labor and Industry Review Commission (LIRC) for review within 21 days after the decision is mailed.
Then you may sue in circuit court within 30 days after LIRC's decision, and appeal further to the Court of Appeals and the Wisconsin Supreme Court.

Law: Wis. Stat. §§ 102.17, 102.18, 102.23

Source: dwd.wisconsin.gov

Sources

The official sources for Wisconsin are listed on the Wisconsin page.

National rules that may also matter

Not covered by state workers' comp?

These federal programs and laws cover some groups of workers instead of, or in addition to, state workers' compensation. If one of them may apply to you, check its rules and deadlines too. They are different from your state's.

Federal Employees' Compensation Act (FECA): Civilian employees of the federal government, including Postal Service employees. Official page

Longshore and Harbor Workers' Compensation Act (Longshore Act): Maritime workers such as longshore workers, harbor workers, ship repairers, shipbuilders and ship-breakers, hurt on navigable waters of the United States or on an adjoining pier, wharf, dry dock, terminal or other area used to load, unload, repair or build ships. Some groups are excluded. Official page
Longshore maximum and minimum for October 1, 2026 to September 30, 2027 (fiscal year 2027): maximum $2,163.92 a week, minimum $540.98 a week.

Law: 33 U.S.C. 906(b); DOL Longshore NAWW table

Defense Base Act: Civilian employees working outside the United States on U.S. military bases or under a contract with the U.S. government for public works or national defense. Claims are handled by the Longshore program. Official page

Federal Black Lung Program: Coal miners who are totally disabled by black lung disease (pneumoconiosis) from coal mine work, and survivors of miners whose deaths were caused by it. Official page

Energy Employees Occupational Illness Compensation Program: Current or former employees of the U.S. Department of Energy and its contractors and subcontractors, and certain uranium miners, millers and ore transporters, who became ill from toxic exposures such as radiation, beryllium or silica at covered work sites, and their survivors. The program is set up by the Energy Employees Occupational Illness Compensation Program Act (EEOICPA). Official page

Railroad workers (Federal Employers' Liability Act): Employees of railroads in interstate commerce. Instead of a workers' compensation claim, a federal law lets an injured railroad worker sue the railroad for damages caused by its negligence.

Seamen (Jones Act): A seaman injured in the course of employment may bring a lawsuit against the employer, with the right to a jury trial, under the same federal rules that apply to railroad workers.

National help

Your state workers' compensation agency answers questions about claims. Many have a free help line, an ombudsman or information officers for injured workers.

The Legal Services Corporation funds 129 nonprofit legal aid organizations in every state, D.C. and the territories. Enter your address on its website to find one near you. You can also look up legal information and free forms at LawHelp.org. Whether a local program handles workers' compensation cases varies.

LawHelp.org