Statute of Limitations Set Appeal Timeline
The amount of time an injured worker has to file an appeal a denial of their workers' compensation case is set by a statutory provision known as the Statute of Limitations.Occupational vs. Traumatic Injuries
The Statute of Limitations varies depending on the type of injury that you have and the date that you were injured. For an occupational injury (one which happens gradually at work over a period of time, due to repetitive or cumulative activities or exposure) the Statute of Limitations is 12 years. For a traumatic injury (one which is an injury that occurs suddenly and all at once) the Statute of Limitations is also 12 years, but only if the injury happened before March 2, 2016. For traumatic injuries that happened on or after March 2, 2016, the Statute of Limitations is 6 years.Timeline Begins at Last Benefits Payment
The Statute of Limitations does not begin to “run” – meaning that the 12 year or 6 year period does not begin to tick down – until the last time that the workers' compensation carrier pays benefits on the claim. To find out whether you still have time to appeal a denial of your workers' compensation claim, begin counting at the last time the carrier paid benefits, not from the original work injury.Contact a Wisconsin Worker’s Compensation Attorney
Of course, as with many things in life, it is better not to wait until the last minute to appeal a denial if you can help it. If you are interested in talking with one of our worker’s compensation attorneys about appealing your worker’s comp denial.
Please call a Madison workers' compensation attorney directly at (608) 257-0040 or a Milwaukee workers' compensation attorney at (414) 271-8650, or email us via our Contact Page.