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My Employer Has Denied My Claim, What Do I Do?

A disputed claim occurs when an employee, surviving spouse or dependents believe they are entitled to worker`s compensation benefits, and the employer or insurance company deny liability. Employer or insurance company unwillingness to pay benefits may arise from an honest difference of opinion among witnesses or a conflict of medical testimony between doctors. If there is no settlement, a hearing is held before an Administrative Law Judge. The Judge is to resolve the dispute on the basis of the relevant facts in the case. The Judge`s decision is based on the testimony of all parties, as well as doctor`s reports, other documents, or other pertinent testimony submitted in the case. There is only one hearing. All further appeals are based on the record created in this hearing.

When an employee or employer wants to request a hearing, three copies of a form entitled Application For Hearing (WKC7) must be filed with the division. The form can also be obtained from the division. The division sends one copy of the WKC7 to the employer or insurance company for an answer. If an employee is not represented at the time of a scheduled hearing, the ALJ will ask the questions to record all testimony and evidence that is available at the time of hearing. The division and the ALJ cannot prepare the claim in advance, cannot see that the proper evidence is available at the time of hearing, or act as legal counsel to represent any of the parties.

You can contact the Divisions of Worker`s Compensation at the address and number listed below.

Wisconsin Divisions of Worker`s Compensation
Room C100
201 E. Washington Ave.
Madison, WI 53703
(608) 2661340

Other Wisconsin Workers' Compensation FAQs

Q: How Long After An Injury Do I Have To Report It To My Employer?
A: Anytime you are injured on the job you should immediately report it to you employer. It is best to do this in writing so that both you and the employer have a written … More
Q: How Do I Know If My Employer Is Covered By Workers' Compensation?
A: All employees working for an employer with three or more workers are protected immediately by worker`s compensation. Employers with fewer than three workers come under … More
Q: What Workers' Compensation Benefits Am I Entitled To?
A: An employee who is injured at work or suffers from an occupational disease is entitled to be paid for all medical, surgical and hospital treatment relating to the … More
Q: If I Am Injured On The Job Can I Choose The Doctor Who Treats Me?
A: The employee may select any physician, psychologist, chiropractor or podiatrist that is licensed to practice in Wisconsin. If the employee is not satisfied with the … More
Q: When Will My Benefits Begin And How Much Will They Be?
A: To eliminate minor claims for temporary disability, the law requires a threeday waiting period for all disabilities lasting seven days or less. (Sundays are not … More
Q: If I Am Unable To Return To The Type Of Work I Did Before I Was Injured, What Happens?
A: Under the Law, if the return to work is at a lower pay rate, benefits for temporary partial disability still are payable. Temporary partial disability (TPD) benefits … More

Workers' Compensation Sub-categories

Denial of Benefits and Appeals
Employer Responsibilities
Work Injury
Worker Compensation Board
Worker Compensation Insurance

Worker's Compensation Law
Workers Comp Claim
Workers Compensation Benefits
Workers Compensation Fraud