What To Do If Your Wisconsin Employer Denies Your Work Injury Happened On The Job

As Milwaukee worker’s compensation attorneys, we know how frustrating and overwhelming it can feel when an employer denies that an injury occurred at work. Wisconsin law provides protections for injured employees, but when an employer disputes the claim, the process becomes more complex. Under Wisconsin Statutes Chapter 102, worker’s compensation covers medical expenses, lost wages, and disability benefits for job-related injuries. Yet, employers and insurance carriers may argue that an injury happened outside of work or is unrelated to job duties. These disputes often delay or jeopardize the benefits that injured workers need to recover.

When an employer denies a claim, the worker is not left without options. The Wisconsin Worker’s Compensation Act outlines a process to challenge denials and present evidence that the injury was job-related. Our role as attorneys is to ensure that workers understand their rights, gather the necessary medical and workplace documentation, and pursue benefits aggressively when an employer or insurer attempts to avoid their responsibilities.

Understanding Employer Denials Under Wisconsin Law

Under Wisconsin Statutes § 102.03, a compensable injury must arise out of and in the course of employment. Employers often dispute claims by arguing that the injury occurred off-site, during a personal activity, or was pre-existing. For example, if a worker develops back pain, an employer might argue it was caused by prior medical conditions rather than workplace lifting duties.

Employers and their insurance carriers are required to report injuries and submit claims to the Wisconsin Department of Workforce Development (DWD). However, if they deny liability, the worker may request a formal hearing before the Wisconsin Worker’s Compensation Division.

Steps To Take After A Denial

When an employer denies a claim, immediate action is critical:

• Seek Medical Documentation – Medical records linking the injury to work duties are essential. Under Wisconsin Statutes § 102.42, employers are liable for medical treatment that is reasonable and necessary if the injury is work-related.
• File an Application For Hearing – The injured worker can file an application with the DWD to have the case heard by an Administrative Law Judge. This begins the process of proving that the injury qualifies under worker’s compensation law.
• Gather Witness Statements and Evidence – Co-workers, supervisors, and workplace incident reports can support the claim that the injury occurred on the job.
• Consult An Attorney – Worker’s compensation attorneys can build the legal case, present evidence, and cross-examine employer or insurance witnesses.

Proving A Work Injury At Hearing

At a hearing, the Administrative Law Judge will evaluate whether the injury arose out of employment. The judge will consider medical testimony, workplace conditions, and evidence of job duties. Under Wisconsin Statute § 102.17, both sides present evidence, and the judge makes findings of fact. If successful, the worker could be entitled to compensation, including temporary total disability, permanent partial disability, medical expenses, and vocational rehabilitation benefits.

Why Legal Representation Matters

Employers and insurers often have attorneys and medical professionals on their side. Without representation, workers risk losing benefits they are legally entitled to receive. Our law firm fights to ensure that workers are not intimidated by employers who deny responsibility. By carefully preparing evidence and presenting a strong case, we work to secure the benefits injured workers deserve.

Frequently Asked Questions About Employer Denials Of Work Injuries In Wisconsin

What Happens If An Employer Denies A Work Injury Claim?

If an employer denies a claim, the injured worker can file an application for hearing with the Wisconsin Department of Workforce Development. The case is then set for a hearing in front of an Administrative Law Judge, who decides whether the injury qualifies under Wisconsin Worker’s Compensation law.

Can A Pre-Existing Condition Disqualify A Worker From Benefits?

Not necessarily. Under Wis. Stat. § 102.03(1)(f), aggravation of a pre-existing condition caused by work duties is compensable. If job activities made the condition worse, the worker may still qualify for benefits.

How Important Are Medical Records In Proving A Claim?

Medical records are crucial. Wisconsin law requires proof that medical treatment is necessary and directly related to the work injury. Physicians’ testimony often becomes central evidence in contested cases.

What Benefits Can Be Recovered If The Claim Is Approved?

Benefits may include temporary total disability (wage replacement during recovery), permanent disability compensation, medical treatment, vocational rehabilitation, and in some cases, loss of earning capacity under Wis. Stat. § 102.44.

Can An Employer Retaliate Against An Employee For Filing A Claim?

No. Under Wis. Stat. § 102.35(3), it is unlawful for an employer to fire or discriminate against a worker for pursuing a worker’s compensation claim. Workers who face retaliation may be entitled to reinstatement and additional compensation.

What If The Insurance Company, Not The Employer, Denies The Claim?

The process is the same. The denial can be challenged through a formal hearing before the Worker’s Compensation Division, and both the employer and insurer may be held liable if the injury is found compensable.

Do Workers Need An Attorney To Challenge A Denial?

While not legally required, having an attorney greatly increases the chances of success. Attorneys understand Wisconsin worker’s compensation statutes, gather the right evidence, and present a compelling case against employers and insurers.

How Long Does The Wisconsin Worker’s Compensation Appeal Process Take?

The length of the process varies depending on the complexity of the case and the scheduling of hearings before the Department of Workforce Development. Some disputes can be resolved in a few months, while others—especially those involving extensive medical testimony—may take a year or longer. During this time, the worker should continue to follow medical treatment plans and gather supporting evidence to strengthen the case.

What If The Injury Was Not Reported Immediately To The Employer?

Wisconsin law requires workers to give notice of an injury as soon as possible, ideally within 30 days. However, under Wis. Stat. § 102.12, a failure to provide immediate notice does not automatically bar a claim if the employer was not prejudiced by the delay. This means a worker may still pursue benefits if there is medical evidence and witness testimony linking the injury to the workplace.

Call Gillick, Wicht, Gillick & Graf For A Free Consultation

At Gillick, Wicht, Gillick & Graf, we fight for injured workers when employers and insurers deny claims. Our Milwaukee-based attorneys know the tactics employers use and how to counter them with strong legal arguments and evidence.

Contact our Milwaukee worker’s comp attorneys at Gillick, Wicht, Gillick & Graf by calling 414-257-2667 to receive a free consultation. With offices in Milwaukee, we represent injured workers throughout the entire state of Wisconsin.