If you’ve been injured on the job in Wisconsin, you may be entitled to workers’ compensation benefits. But, this doesn’t mean that filing for benefits will be easy. From strict deadlines to challenges that can arise along the way, there are several important issues to be aware of—and you will want to work with an experienced lawyer who can help you seek the full benefits you deserve.

So, what do you need to know about filing for workers’ compensation in 2025? Here is a guide for Wisconsin residents:

Who Can File for Workers’ Compensation in Wisconsin

As a general rule, workers’ compensation benefits are only available to employees. As the Wisconsin Department of Workforce Development (DWD) explains, “Nearly all employees in Wisconsin are covered. . . . [and] when talking about worker’s compensation, it is easier to discuss the exceptions.”

So, who isn’t covered? Independent contractors are not classified as employees under Wisconsin law, and, as a result, they generally are not eligible to file for workers’ compensation benefits. Wisconsin’s workers’ compensation statute also excludes:

  • Domestic workers
  • Certain religious and farm employees
  • Volunteers who receive no more than $10 per week

Additionally, certain types of employees are covered under federal workers’ compensation statutes instead of Wisconsin law. These statutes—which apply to federal employees, postal workers, railroad workers, and maritime workers, among others—have different eligibility requirements. If you’ve been injured or fallen ill on the job, an experienced workers’ compensation lawyer will be able to assist you with determining your eligibility.

How Long You Have to File for Workers’ Compensation

Technically, employees in Wisconsin typically have up to two years to file a claim for workers’ compensation benefits. When this two-year “limitations period” starts to run depends on the circumstances involved:

  • If you were injured in an on-the-job accident, the limitations period will typically run from the date of your accident.
  • If you have a work-related repetitive stress injury, the limitations period will typically run from the date that you first realized that you needed medical care.
  • If you are coping with an occupational illness, the limitations period will typically run from the date that you got sick (or, in some cases, from the date you realized you were ill).

These are just the general rules—various exceptions can apply, and the two-year limitations period can be extended to six or twelve years in some cases. However, while you may have years to file your workers’ compensation claim, it is best to file your claim promptly. Not only will this help you avoid unnecessary issues with your claim, but it will also help ensure that you receive the benefits you deserve as soon as possible.

How to File for Workers’ Compensation Benefits in Wisconsin

There are a few steps involved in filing for workers’ compensation benefits in Wisconsin. First and foremost, you should see a doctor to diagnose, treat, and document your work-related injury or illness right away. Under Wisconsin law, you have the right to see a doctor of your own choosing.

Once you have obtained treatment, your next priority should be to report your injury or illness to your employer. As the Wisconsin DWD also explains, “You should act to notify your employer… without delay. A delay may negatively affect your health and may even jeopardize your potential worker’s compensation benefits.”

After you report your injury or illness to your employer, your employer should begin the claims process with its insurance company. If it doesn’t, you can file a complaint with the Wisconsin DWD. In any case, it will be important to have an experienced lawyer on your side at this stage, as you need to make sure you do not unknowingly settle for less than you deserve.

Calculating Your Workers’ Compensation Benefits

What workers’ compensation benefits are you entitled to receive? The answer to this question depends on your specific circumstances. Generally speaking, three types of workers’ compensation benefits are available to eligible workers in Wisconsin:

  • Medical Benefits – These benefits should cover “all reasonable and necessary medical expenses” related to your workplace injury or illness.
  • Disability Benefits – If your injury or illness prevents you from working (or restricts your ability to work), you may be eligible for temporary or permanent disability benefits.
  • Vocational Benefits – If you need help getting back to work after your injury or illness, you may be eligible to receive vocational rehabilitation and retraining benefits as well.

The specific amount of benefits you are entitled to receive depends on your medical needs, your current wage or salary, how long you will be unable to work, and various other factors. Once again, an experienced workers’ compensation lawyer can help make sure you do not unknowingly leave any money on the table.

Dealing with Issues After You File Your Workers’ Compensation Claim

While some workers’ compensation claims go fairly smoothly, employees can encounter a variety of issues when pursuing their claims for benefits. Insurance companies deny workers’ compensation claims for various reasons, and many workers have their benefits terminated far too soon.

When you hire a lawyer to represent you, your lawyer can help you avoid unnecessary issues—and, if any issues arise, your lawyer can deal with them on your behalf. Depending on the circumstances, this may involve dealing with your employer (or its insurance company) directly, or it may involve filing a workers’ compensation appeal. In either scenario, it is critical to ensure that you are making informed decisions, as mistakes and oversights can leave you without the benefits you need for your recovery.

Schedule a Free Consultation with a Madison, WI Workers’ Compensation Lawyer Today

At Mays Law Office, we have decades of experience helping Wisconsin residents claim the workers’ compensation benefits they deserve. If you are dealing with a work-related injury or illness, we invite you to contact us for more information. To schedule a free consultation with a Madison, WI workers’ compensation lawyer as soon as possible, call us at 608-291-9402 or tell us how we can help online today.

The post Filing for Workers Compensation in 2025: A Guide for Wisconsin Residents appeared first on Mays Law Office.

Mays Law

Lisa Pierobon Mays

Attorney Lisa Pierobon Mays, as the owner of Mays Law Office focuses her legal practice on representing Wisconsin workers who have been injured on the job. With more than twenty-five years of experience, she is dedicated to advocating for injured…

Lisa Pierobon Mays

Attorney Lisa Pierobon Mays, as the owner of Mays Law Office focuses her legal practice on representing Wisconsin workers who have been injured on the job. With more than twenty-five years of experience, she is dedicated to advocating for injured workers who have been unfairly denied their rightful workers’ compensation benefits by companies and their insurers. Lisa understands the profound impact of a work injury, including lost income, medical expenses, emotional distress, physical pain, and social isolation. She takes the time to listen to each client and develops a tailored legal strategy for their specific situation. Lisa is personally involved in every case from beginning to end, ensuring clear communication and recognizing the unique concerns, needs, and expectations of each individual she represents.

Stephen Mays

Attorney Mays, as the owner of Mays Law Office, LLC, practices in all areas of criminal and traffic defense throughout the entire State of Wisconsin. Prior to his becoming a defense attorney, Attorney Mays worked in the Dane County District Attorney’s office.

He has won OWI cases at the municipal, circuit, appellate and Supreme Court levels, and appears regularly before the Federal District Court of Wisconsin and the United States Court of Appeals for the 7th Circuit. He is also admitted to practice before the United States Supreme Court.

He is a past President and member of the Dane County Criminal Defense Lawyers’ Association, as well as a sustaining member of the National Association of Criminal Defense Lawyers, Wisconsin Association of Criminal Defense Lawyers, and the Bar Associations for the Western and Eastern Districts of Wisconsin. He has been a member of the James E. Doyle Inns of Court, as well as the National College for DUI Defense. He is one of the original members of the Drunk Driving Roundtable – an association of attorneys dedicated to the tenacious defense of citizens accused of drunk driving.

He was selected to be a member of the Department of Transportation’s Technical Committee, and has testified before various committees regarding proposed motor vehicle legislation, most recently convincing a sub-committee to not extend the territorial boundaries for OWI enforcement. He is a frequent lecturer on the defense of intoxicated driving, which includes an annual presentation by the Wisconsin Association of Criminal Defense Lawyers in the “Strategies in Handling OWI Cases in Wisconsin” series, a seminar touted as a “must attend” for Wisconsin lawyers defending OWI cases.

Several of Attorney Mays’ cases have attracted substantial media attention, including the successful defense of an individual charged with killing his twin infant daughters while allegedly driving drunk. His cross-examination techniques have gained him statewide recognition as one which has police officers persuading prosecutors to amend charges so as to not have to subject them to his cross-examination again.

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