Workers' comp deadlines in Wisconsin: tell your employer and file

Tell your employer in Wisconsin

Time limit

30 days

Counted from

The date of the injury, or the date you knew or should have known the nature of your disability and its relation to your work

In writing?

The law does not require writing

If you are late

Late notice does not end your claim if the employer was not misled by it. But if no compensation (other than medical treatment or burial expenses) has been paid and no application is filed within 2 years, the claim is barred, unless the employer knew or should have known about the injury within those 2 years.

Illness that develops over time

For an illness, tell your employer as soon as possible after you first know the illness may be related to your work. The 30 days run from when you knew or should have known the nature of the disability and its relation to your work.

Tell your supervisor right away, even if the injury seems minor. The law says your employer (or an officer, manager or representative named on the workplace poster; if none is named, any supervisor) must actually receive notice within 30 days after the injury, or within 30 days after you knew or should have known your condition was related to your work.

Law: Wis. Stat. § 102.12

Source: dwd.wisconsin.gov

File your claim in Wisconsin

Time limit

6 years

Counted from

The date of injury or the date of the last compensation payment, whichever is later

What to file

Application for Hearing, filed with the Worker's Compensation Division. Your employer and its insurance carrier report the injury; you file only if there is a dispute.

Source: Form WKC-7-E

Who files it

You tell your employer and get medical care. Your employer reports the injury to its insurance carrier, and the carrier reports it to the Worker's Compensation Division. You file an Application for Hearing only if your claim is denied or disputed.

What your employer must do

Your employer must report every work injury or illness to its insurance carrier within 7 days after actually learning of it (within 24 hours for a death), including medical-only claims. The carrier must report lost-time injuries to the Division within 14 days after the date of injury.

When the insurer decides

If compensation is due, you should generally get a check from the insurance carrier within 14 days after your injury (or your last day worked). If payment takes longer, contact your employer or the carrier to find out why.

Illness that develops over time

For occupational diseases, and for some serious traumatic injuries (such as loss or total impairment of a hand, arm, foot or leg, any loss of vision, a permanent brain injury, or an injury needing an artificial spinal disc or a knee or hip replacement), there is no time limit for filing.

Your employer reports your injury to its insurance carrier, and the carrier reports it to the Worker's Compensation Division; you do not need to file a claim form for the carrier to start paying. If there is a dispute about an injury from an accident, you have 6 years from the date of injury or the date of your last compensation payment (other than for medical treatment or burial), whichever is later, to file an Application for Hearing with the Division. If nothing but medical care has been paid, no application is filed within 2 years, and the employer did not know or have reason to know of the injury within those 2 years, the claim is barred.

Law: Wis. Stat. §§ 102.12, 102.17(4)

Law: Wis. Stat. § 102.38

Source: dwd.wisconsin.gov

Waiting period and first payment in Wisconsin

Waiting period

Wage benefits start on the 4th day of lost time after you leave work because of the injury. The 3-day waiting period counts Saturdays, and Sundays only if you normally work on Sunday. Medical care is paid from the start.

Paid back for the waiting days

If you are off work for more than 7 calendar days, the first 3 days are paid too.

First payment

In most cases the first payment is made by the insurance carrier within 14 days of your last day worked. Payments are then made weekly.

How often you are paid

Weekly

Law: Wis. Stat. § 102.43

Source: dwd.wisconsin.gov

Deadline helper

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