If you are injured or become ill because of your job, it is important to understand the deadlines that apply to Wisconsin workers’ compensation claims. Waiting too long to report an injury or pursue benefits could affect your ability to receive compensation.
Wisconsin workers’ compensation law includes different deadlines depending on the type of injury and where you are in the claims process. The rules can also be different for a sudden workplace accident, an occupational disease, or a claim that has been disputed.
Here are some of the key Wisconsin workers’ compensation deadlines injured workers should know.
Report Your Workplace Injury as Soon as Possible
If you are injured at work, you should tell your employer or supervisor as soon as possible, even if the injury seems minor.
The Wisconsin Department of Workforce Development recommends immediately reporting a work-related injury or illness and seeking appropriate medical attention. In most situations, an employee should report the injury within 30 days. However, the law provides a longer period in certain circumstances, and failing to report an injury within two years can affect your right to workers’ compensation benefits.
You should not wait to see whether an injury gets worse before reporting it. Some workplace injuries may not cause significant symptoms right away, and some conditions develop gradually over time.
When reporting an injury, consider keeping a written record of when you reported it, who you notified, and what you told them.
Your Employer Has Reporting Deadlines Too
Workers are not the only ones with reporting responsibilities.
In Wisconsin, an insured employer generally must report a work-related injury to its workers’ compensation insurance carrier within seven days after receiving actual knowledge of the injury. For a work-related fatality, the reporting deadline is generally 24 hours.
Insurance carriers and self-insured employers also have reporting obligations to the Wisconsin Department of Workforce Development. For certain lost-time claims, the First Report of Injury must generally be submitted to the Department within 14 days after the injury or the beginning of disability from an occupational disease.
These are primarily employer and insurance-carrier reporting requirements. An injured worker should still report the injury directly to the employer as soon as possible.
How Long Do You Have to Report a Work Injury in Wisconsin?
For most workplace injuries, Wisconsin DWD advises workers to report the injury within 30 days. However, Wisconsin law provides that an employee generally must report the injury to the employer within two years to preserve the right to workers’ compensation benefits. There can be exceptions, including situations in which the employer already knew or should have known about the injury.
Because waiting can make a claim more difficult, it is generally better to report an injury promptly rather than relying on the longer deadline.
A delay can also make it harder to establish when and how the injury occurred, particularly if your employer or an insurance company later disputes the claim.
What About Injuries That Develop Over Time?
Not every workplace injury happens in a single accident.
Some conditions, such as repetitive motion injuries, hearing loss, or other occupational diseases, can develop gradually. In these situations, determining the applicable deadline can be more complicated than simply counting from the date of an accident.
Wisconsin workers’ compensation rules can provide different limitation periods for occupational diseases and certain serious traumatic injuries. Some claims may have no statute of limitations under specific circumstances.
If you believe your condition developed because of your work, it is a good idea to report it promptly and keep records of your symptoms, medical treatment, and work activities.
How Long Do You Have to Pursue a Disputed Workers’ Compensation Claim?
A different deadline can apply when a workers’ compensation claim is disputed.
According to the Wisconsin Department of Workforce Development, an injured worker generally has six years from the date of injury or the date of the last compensation payment to file an application for a formal hearing in a disputed claim. Certain types of claims may be subject to different rules.
Because the applicable deadline can depend on the type of injury, the date of the injury, payments made, and other circumstances, you should not assume that the same deadline applies to every workers’ compensation case.
How Long Does a Workers’ Compensation Claim Stay Open?
Once a claim has been established, it will generally remain open for six years from the date of injury or the date of the last payment, whichever is later. Some claims can remain open longer depending on the circumstances. Wisconsin DWD recommends keeping medical and payment records for at least 12 years in case your condition changes.
Keeping your records can be especially important if you continue to experience symptoms or require additional treatment after your initial recovery.
What Happens If You Miss a Workers’ Compensation Deadline?
Missing a deadline does not necessarily mean that every claim is automatically lost. Wisconsin workers’ compensation law contains exceptions and different rules depending on the circumstances.
For example, different limitation rules can apply to occupational diseases and certain serious traumatic injuries. The calculation of a deadline can also depend on factors such as when the injury occurred, when the employer learned about it, and whether compensation was paid.
If you think you may have missed a deadline, it is still worth getting legal advice about your situation. An attorney can review the dates and circumstances of your injury and explain what options may be available.
What Should You Do After a Workplace Injury?
If you are injured at work, taking a few steps promptly can help protect your health and your workers’ compensation claim:
- Report the injury to your employer. Tell your supervisor, manager, or designated employer representative as soon as possible.
- Get medical attention. Tell your healthcare provider that the injury or condition may be work-related.
- Follow your medical restrictions. Give your employer a copy of any work restrictions or documentation provided by your doctor.
- Keep records. Save medical records, bills, wage information, correspondence, and workers’ compensation documents.
- Pay attention to deadlines. Do not assume that you have plenty of time to report your injury or pursue benefits.
- Get legal advice if there is a problem with your claim. If your employer or insurance company disputes your injury, benefits are delayed, or your claim is denied, a workers’ compensation lawyer can explain your options.
Talk to a Wisconsin Workers’ Compensation Lawyer
Workers’ compensation deadlines can depend on the type of injury and the circumstances of your claim. If you have been injured at work, reporting the injury promptly and understanding the applicable deadlines can help protect your rights.
If your workers’ compensation claim has been denied, disputed, or delayed, an experienced Wisconsin workers’ compensation attorney can review your situation and help you understand what steps you can take.
Bykhovsky Law helps injured workers throughout Wisconsin understand their rights and pursue the workers’ compensation benefits they may be entitled to. Contact us to schedule a free consultation.
This article is for general informational purposes only and does not constitute legal advice. Workers’ compensation deadlines can vary depending on the facts of an individual case. If you have questions about a specific injury or claim, consult a qualified Wisconsin workers’ compensation attorney.
