The short answer is six (6) years for single-event traumatic injuries occurring on or after March 2, 2016. It is twelve (12) years for occupational injuries as a result of work activities over time, and for single-event traumatic injuries that occurred prior to March 2, 2016. However, it is important to understand the long answer, as the details can significantly impact your ability to claim worker’s compensation benefits in Wisconsin.
The long answer includes the following highlights: 1) The statute of limitations resets every time you receive indemnity benefits from the worker’s compensation insurance company. 2) If you are close to the time limit, a hearing application must be filed with the Department of Workforce Development to keep your claim active. 3) There are shorter 30-day and 2-year time limits for reporting the injury and pursuing worker’s compensation benefits, but these shorter time limits are only enforceable if your employer or the insurance company can prove they are significantly disadvantaged. 4) There is no statute of limitations for certain types of injuries.
If you suffered a severe workplace injury that resulted in significant lost time from work, permanent disability, or permanent wage loss and your claim was denied or you did not receive all the benefits you are entitled to, the worker’s comp team at Kingree Law Firm can help. We have earned a reputation for obtaining exceptional results on behalf of our clients, and can evaluate your claim and fight for the benefits you deserve.
A statute of limitations sets the amount of time a person has to bring a legal claim. Once the statute of limitations has expired, the claim is “time-barred,” meaning a court will no longer consider the legal claim.
The statute of limitations is like a clock. In Wisconsin worker’s compensation, every time you receive indemnity benefits from the worker’s compensation carrier, it’s like hitting a reset button on a 6 or 12 year stopwatch.
The statute of limitations for a Wisconsin worker’s compensation claim varies depending on the type of injury you suffered and the date you were injured.
The statute of limitations for an occupational injury (one that happened over a period of time due to repetitive activities or cumulative exposure) is 12 years against the carrier. However, in a sense, there is no statute of limitations for occupational injuries. Claims for indemnity benefits and some medical expenses in occupational injuries can be made against the Work Injury Supplemental Benefit Fund after the 12 years has expired. See the below section discussing no statute of limitations for certain claims.
Examples of occupational injuries include:
Because occupational injuries result from repeated activities or exposure, determining the date of onset of an occupational injury can be difficult. In Wisconsin, the date of injury in occupational disease cases is defined as the date an employee first suffers wage loss as the result of a condition. It is not the date you first report the condition as work-related or the date you first seek treatment for the condition, although many carriers incorrectly use the first report of injury or the date you first seek treatment for the condition as the date of injury.
The statute of limitations for a workplace accident (a single-event injury where you can identify a specific moment it happened) that occurred before March 2, 2016 is 12 years. For workplace accidents that happened on or after March 2, 2016, the statute of limitations is 6 years.
Workplace accidents involve injuries caused by lifting, pushing, pulling, slips, falls, motor vehicle crashes, being struck or trapped in machinery, or any other situation where you can identify a specific moment in time when the damage to your body occurred. Common injuries include disc herniations, cartilage tears, tendon tears, and traumatic brain injury.
An injured worker must file an application for disputed benefits within the statute of limitations period. In Wisconsin, the statute of limitations does not start to “run” — meaning the 6 or 12 year period does not begin — until the last time the worker’s compensation carrier paid indemnity benefits on the claim. If no indemnity benefits have been paid, the statute of limitations starts on the date of injury.
Indemnity benefits are payments made to an injured worker or their dependent for wage loss, functional impairment, or death. They include payments for temporary partial disability (TPD), temporary total disability (TTD), permanent partial disability (PPD), permanent total disability (PTD), and death benefits. Payment of medical expenses does not extend the statute of limitations.
Asking a worker’s compensation carrier to pay benefits, submitting a claim, or communicating with the carrier about a claim, does not stop the statute of limitations. This is a very important point. You or your medical provider can submit a payment request to the carrier shortly before the statute of limitations expires, the carrier does not respond or pay benefits, and the statute of limitations expires while you or your medical provider are waiting for an answer. You would then be entirely without a remedy. The only way to preserve your claim before the statute of limitations expires is to file a hearing application with the Wisconsin Department of Workforce Development - Worker’s Compensation Division.
Filing a hearing application extends the statute of limitations. This means you can claim further benefits - including wage loss, permanent disability, and medical expenses - after the statute of limitations would have expired if the hearing application had not been filed. Filing a hearing application within a year prior to the expiration of the statute of limitations is a wise idea if you believe you will require significant additional treatment or be entitled to additional indemnity benefits within a short-to-medium timeframe. This is particularly true if you will eventually require a joint replacement or spinal surgery, or any other type of surgery, as a result of the work injury. Contact us today for a consultation if your statute of limitations is approaching, if you have questions about the statute of limitations in your case, or if you believe you will require additional medical treatment or be entitled to further indemnity benefits.
Even though you may have 6 or 12 years to claim additional worker’s compensation benefits, you must act quickly to protect your legal right to compensation immediately following an injury or following your knowledge that a condition is work-related.
Under Wis. Stat § 102.12, “No claim for compensation may be maintained unless, within 30 days after the occurrence of the injury or within 30 days after the employee knew or ought to have known the nature of his or her disability and its relation to the employment, actual notice was received by the employer or by an officer, manager or designated representative of an employer.” However, if you failed to provide your employer with actual notice, your claim is not necessarily time-barred if your employer was not misled or unduly disadvantaged by the absence of notice.
Wis. Stat. 102.12 also states that, regardless of whether your employer received notice, you must pursue worker’s compensation benefits by filing a hearing application within two (2) years of the date that you knew or should have reasonably known that your injury or condition was work-related. However, as with the 30-day notice provision, your claim is not time-barred if your employer knew or should have known that your injury or condition was work-related. Your employer must also show that it was misled or unduly disadvantaged by failure to pursue benefits.
“Knew or should have known” in relation to you likely means that you have a doctor’s opinion that your condition is work-related or that you have a permanent disability. If it was an obvious or single-event injury, your own knowledge might come into play. “Knew or should have known” in relation to your employer means a supervisor or manager.
The 30-day and 2-year limitation periods are very rarely, if ever, successfully enforced.
There Is No Statute of Limitations for Certain Injuries
There is no statute of limitations against the carrier for indemnity benefits and medical expenses arising from the following types of single-event traumatic injuries:
There is no statute of limitations for indemnity benefits and some medical expenses in any occupational injury occurring as a result of work activities or exposure over time. However, all such claims following expiration of the 12 year statute of limitations must be brought against the Wisconsin state Work Injury Supplemental Benefit Fund. The Fund will not pay for medical expenses that are otherwise covered or paid by an employer-sponsored group health insurance plan or Medicare.
If you experienced a workplace accident or occupational injury that will result in a joint replacement, spine fusion, or other surgery long after the initial injury, the worker’s comp team at Kingree Law Firm can help. We can also help if your claim for worker’s compensation benefits was denied, if the insurance carrier has “closed its file” and refuses to pay further benefits, or if your statute of limitations is approaching.
Kingree Law Firm is well-known and highly respected for our knowledge, skills, and quality case preparation, and for the outstanding results we achieve on behalf of our clients. Contact us today to schedule a free and confidential appointment to discuss your situation and how we can help.
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