How to File for Workers’ Compensation in Wisconsin

Introduction

You never expect to get hurt at work. One minute you’re doing your job, the next you’re dealing with pain, paperwork, and stress. Whether it’s a fall, a lifting injury, or a repetitive strain that’s built up over time, getting injured on the job is more than just physically painful—it can turn your life upside down.

If you’ve been hurt while working in Wisconsin, you may be entitled to workers’ compensation. But figuring out how to file, what benefits you can receive, and what your employer is supposed to do can be confusing.

This guide will walk you through everything you need to know about workers’ compensation in Wisconsin, from eligibility to benefits to the appeals process. It’s designed to help you protect your health, your income, and your future.

Understanding Workers’ Compensation in Wisconsin

Workers’ compensation is a state-mandated insurance system that provides benefits to employees who are injured or become ill due to their job. It helps cover medical expenses, lost wages, and other related costs so you can focus on recovery.

Wisconsin’s No-Fault System

One of the most important things to understand is that Wisconsin is a no-fault workers’ comp state. This means you don’t have to prove your employer did something wrong to receive benefits. If your injury or illness is work-related, you are typically eligible—regardless of how the accident happened.

Who Is Eligible for Workers’ Compensation?

Covered Employees

Most workers in Wisconsin are covered under the workers’ comp system, including:

Full-time and part-time employees

Temporary workers

Seasonal employees

Undocumented workers (in many cases)

Independent contractors are generally not covered unless they’re misclassified.

Eligible Injuries and Illnesses

The following types of injuries typically qualify for workers’ compensation:

Slips, trips, and falls at the workplace

Machinery accidents

Repetitive stress injuries (e.g., carpal tunnel)

Lifting injuries

Exposure to toxic chemicals

Occupational diseases (e.g., lung disease, hearing loss)

Work-related mental health conditions (e.g., PTSD after a traumatic event)

Injuries That May Not Be Covered

Not every injury at work qualifies. Common exceptions include:

Injuries caused while under the influence of drugs or alcohol

Injuries from horseplay or fighting

Self-inflicted injuries

Injuries that occur during your commute (unless you’re on duty)

How to File a Work Injury Claim in Wisconsin

Here’s a clear, step-by-step breakdown of how to file a work injury claim in WI:

Step 1: Report the Injury to Your Employer

Notify your employer as soon as possible—ideally immediately or within a few days of the incident. Waiting too long can weaken your claim or lead to denial.

Verbal notification is a start, but follow up in writing if possible. Include:

Date and time of the injury

How it happened

What part of the body was affected

Names of any witnesses

Step 2: Get Medical Attention

Wisconsin law allows you to choose your own doctor. Seek treatment right away, even if the injury seems minor.

Make sure to:

Tell your doctor the injury is work-related

Follow all recommended treatments

Keep records of all visits, diagnoses, and bills

Your doctor’s report will play a big role in your claim.

Step 3: Employer Files the Claim

Your employer is responsible for reporting your injury to their workers’ compensation insurance carrier and the Wisconsin Department of Workforce Development (DWD). They should file a First Report of Injury form within seven days of being notified.

If they fail to do this, you can contact the DWD yourself to initiate the process.

Step 4: Insurance Company Reviews Your Claim

The insurer will evaluate the report and decide whether to approve or deny the claim. If approved, benefits may start within 14 days. If denied, you will receive a notice explaining why.

Step 5: Monitor Communication and Keep Records

Throughout this process, document everything:

Medical records and bills

Communication with your employer and insurance adjuster

Dates of missed work

Mileage for medical appointments

Employer Responsibilities in Wisconsin

Employers in Wisconsin are legally required to:

Carry workers’ compensation insurance

Promptly report any injuries to their insurer and the DWD

Provide injured employees with information about their rights

Refrain from retaliating or firing employees for filing a claim

If your employer doesn’t have insurance or refuses to cooperate, you can still file a claim through the Uninsured Employers Fund (UEF) or seek legal support.

Types of Workers’ Compensation Benefits Available

If your claim is approved, you may be eligible for several types of benefits:

Medical Expense Coverage

This includes:

Doctor visits

Hospital stays

Surgery

Prescription medication

Physical therapy

Medical equipment (e.g., crutches, braces)

Temporary Disability Benefits

If your injury prevents you from working temporarily, you may qualify for:

Temporary Total Disability (TTD): For workers unable to work at all. You receive two-thirds of your average weekly wage.

Temporary Partial Disability (TPD): If you can work part-time or do light duty at reduced pay.

Permanent Disability Benefits

If your injury results in lasting impairment, you may be eligible for:

Permanent Partial Disability (PPD): For long-term injuries that don’t totally prevent work but limit ability.

Permanent Total Disability (PTD): For injuries that make returning to any form of work impossible.

Vocational Rehabilitation

If you can’t return to your previous job, you may receive support for:

Retraining

Job placement

Career counseling

Death Benefits

If a worker dies due to a job-related injury or illness, surviving dependents may receive:

Burial expenses

Weekly benefits based on the worker’s wages

What Happens if Your Claim Is Denied?

Not all claims are approved. Common reasons for denial include:

Missed deadlines

Lack of medical evidence

Injury not clearly work-related

Employer disputes the facts

You Can Appeal the Decision

If your claim is denied, you have the right to appeal through the Wisconsin Department of Workforce Development – Division of Hearings and Appeals.

The process includes:

Filing an application for a hearing

Presenting evidence and medical records

Possibly working with a judge or mediator

This can be overwhelming, especially while recovering. Many injured workers choose to consult a legal professional at this stage.

Why Legal Help Can Make a Difference

While the workers’ compensation system is designed to protect injured workers, insurance companies and employers don’t always make the process easy.

A lawyer can:

Ensure your paperwork is complete and filed on time

Gather strong medical evidence

Negotiate with insurers

Represent you during hearings or appeals

Protect you from retaliation or wrongful termination

If you’re unsure whether your situation requires legal help, a consultation can help clarify your options.

At GLR Attorneys, we understand how stressful and confusing a work injury can be. Our team is committed to helping Wisconsin workers navigate the workers’ comp system and secure the benefits they deserve. We offer compassionate, experienced support for every step of the process—from claim filing to appeals and beyond.

Conclusion

Filing a workers’ compensation claim in Wisconsin doesn’t have to be overwhelming. By understanding your rights, following the correct steps, and seeking medical and legal support when needed, you can protect your income, your health, and your future.

Whether your claim is straightforward or you’re already facing roadblocks, help is available. If you’re dealing with a work-related injury or illness, consider speaking with an attorney to understand all your options.

GLR Attorneys is here to help injured workers across Wisconsin get the benefits they need and deserve. We handle workers’ comp cases with care, clarity, and experience—so you can focus on healing.