How To Appeal a Workers’ Compensation Claim Denial in Wisconsin

Were you hurt on the job in Wisconsin? If so, workers’ compensation benefits should provide medical coverage and wage loss benefits. Unfortunately, some injured workers struggle to get access to the financial support that they rightfully deserve.

This raises an important question: Can you appeal a workers’ compensation claim denial in Wisconsin?

The answer is an unequivocal ‘yes’—you have the right to challenge an unfavorable decision. Here, our Wisconsin workers’ compensation attorneys explain what you need to do to file an appeal.

Start the Workers’ Comp Appeals Process By Requesting a Hearing

If your workers’ compensation claim was denied in Wisconsin, you should receive a written denial letter. The letter should include some basic information about the denial and your appeal rights. Most importantly, the letter should explain why your workers’ compensation claim was denied.

On appeal, you will have to address the reasoning for denial. To initiate your appeal, you must request a hearing from the Wisconsin Department of Workforce Development. You can request a workers’ comp appeal by completing and submitting Form WKC-7.

Your Workers’ Compensation Claim Will Be Assigned to an Administrative Law Judge (ALJ)

When you appeal a workers’ comp denial in Wisconsin, your claim will be assigned to an individual Administrative Law Judge (ALJ). Before you go before an ALJ, it is essential that you consult with an experienced Milwaukee workers’ comp lawyer. An attorney will review your denial letter and help you gather and prepare all of the supplemental evidence you need to support your appeal.

You Can Appeal an Unfavorable Decision From an ALJ

The Administrative Law Judge does not necessarily get to make the final decision in your case. If your workers’ comp claim is denied a second time by an ALJ, you have the right to appeal to the Wisconsin Labor and Industry Review Commission. However, there is a very strict deadline to appeal an ALJ decision. You only have 21 days from the date an adverse ALJ decision was rendered to appeal to the Commission.

Appealing a Workers’ Comp Denial to a Wisconsin Court

If your workers’ comp claim was denied by the Wisconsin Labor and Industry Review Commission, you may be able to appeal to a state circuit court. That being said, Wisconsin courts have somewhat limited authority to review workers’ comp denials. Wisconsin courts will only review so-called “questions of law,” not disagreements on “questions of fact.” If you have any questions about appealing a workers’ comp claim to state court, an experienced attorney can help.

Call Our Wisconsin Workers’ Comp Appeal Lawyers Today

At Gillick, Wicht, Gillick & Graf, our workers’ compensation lawyers in Milwaukee are focused on helping our clients maximize their financial benefits. If your work injury claim was denied, we can provide support. Call us at 414-257-2667 or send us a message online for a free review of your workers’ comp denial. With an office in Milwaukee, we handle workers’ comp appeals throughout the surrounding area, including in Appleton, Brookfield, Waukesha, Janesville, and Kenosha.