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My workers' compensation claim was denied. Now what?

Did you apply for benefits from Wisconsin workers' compensation? If all of your claim or part of it was denied, you may wonder what steps you can take next. Here's the process if you decide to pursue your claim further.

If you haven't retained an attorney, this is the point in the process where many people seek out a lawyer's help. For those that want to proceed without one, an informal process will begin. The Alternative Dispute Resolution Unit will look over your claim and determine what issues are being disputed. They also want to be sure that you have supporting medical information for your claim. If it appears to the ADR staff that the issues with your claim can be taken care without a formal hearing, the insurer and you will both be contacted as the ADR tries to resolve your dispute.

If this process doesn't resolve the issues with your claim, then you can request to go before an Administrative Law Judge for a formal hearing. In order to request such a hearing, you must file an application that contains supporting medical information for your claim. It is not required that you have an attorney for this hearing; however, it is a legal proceeding and many people believe that an attorney would be helpful.

Should the ALJ resolve the issues surrounding your claim, a formal order will be issued that explains what conditions are necessary.

If the ALJ denies your claim, you can file an appeal to go in front of the Labor and Industry Review Commission. Should they deny your claim, then your appeal can go into circuit court.

Source: State of Wisconsin Department of Workforce Development, "Worker's Compensation - What Happens If My Claim is Denied?," accessed March 25, 2016

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Our peers and independent third-party organizations have recognized the hard work and dedication we put into every case. This has led to numerous awards and accolades.

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Office Locations

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Hudson Office
511 2nd Street Suite 203
Hudson, WI 54016

Phone: 715-802-0872
Hudson Office

Superior Office
1507 Tower Ave Suite 210B
Superior, WI 54880

Phone: 715-802-0872
Superior Office

Rice Lake Office
337 N. Main Street
Rice Lake, WI 54868

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Eau Claire Office
402 Graham Ave, Suite 305
Eau Claire, WI 54701

Phone: 715-802-0872
Eau Claire Office

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332 Minnesota Street, Suite 3172
St. Paul, MN 55101

Phone: 651-243-2872
St. Paul Office

Amery Office
228 Keller Ave N.
Suite 3A
Amery, WI 54001

Toll Free: 800-456-6956
Amery Office

Nicolet Law Office, S.C. helps people throughout Western Wisconsin and Minnesota including; Hudson, Eau Claire, Superior, Amery, Rice Lake, Chippewa Falls, River Falls, Menomonie, Hayward, New Richmond, Spooner, Bloomer and Barron.

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