What is the Statute of Limitations for Workers' Compensation in Wisconsin?

Statute of limitationsThe statute of limitations (SOL) refers to the period in which an afflicted party can seek legal action for a particular occurrence. The SOL differs from state to state and issue to issue, making it vital for those considering legal action to be aware of the allotted period they have to pursue legal action on an issue.

Statute of Limitations for Workers' Compensation Claims

The statute of limitations in Wisconsin for workers' compensation is complicated since it varies depending on the type of injury sustained. Injured workers have up to 12 years after the date of the injury, death, or last compensation payment to apply for a hearing. This 12-year SOL is for occupational injuries -- those with a cumulative nature or sustained as a result of repetitive movement. Injured workers have up to 6 years after their traumatic injury to file a claim. The term "traumatic injury" refers to those that are sudden and occur in an instant rather than over a period. Examples of traumatic injuries include:

  • Sudden loss of an appendage (hand, foot, arm or leg)

  • Slip and fall

  • Lifting injury

  • Motor vehicle accident

  • Work accident

For those pursuing death benefits, the 12-year clock begins to tick at the time of death and not when the individual sustains the work-related injury that led to the death. For occupational injuries, the 12 years start after the first day of missed work due to the injury.

Per Wisconsin Statutes Sec. 102.12 "No claim for compensation may be maintained unless ... actual notice was received by the employer or by an officer, manager or designated representative of an employer." This means that the injured employee must make their employer aware of the injury before pursuing a workers' compensation claim. There are many other specifications in regards to time restrictions and the pursuit of certain actions that the average worker is not aware of. For expert legal help with your workers' compensation claim, contact the attorneys at Gillick, Wicht, Gillick & Graf.

How a Wisconsin Workers' Compensation Attorney Can Help

The workers' compensation attorneys at Gillick, Wicht, Gillick & Graf have represented the injured worker since 1948 and are here to help you secure adequate compensation for your work-related injuries. We can help you navigate the intricate workers' compensation system and ensure that you get the funds necessary to cover your work-related injury or illness. We have also recovered Social Security Disability Insurance for various injuries and disabilities. Contact us today at (414) 395-5813 for a free consultation. There are no fees until you get paid.

Frequent Questions

You have a claim if you suffered a loss because of a job-related injury. This means that, to get worker's compensation, you have to show three things:

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