Nicolet Law Office, S.C.

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.

  1. Rated By Super Lawyers | Russel D. Nicolet
    Super Lawyers Rising Stars
    Avvo Rating 10.0 Superb | Top Attorney Personal Injury Avvo Rating 10.0 Superb | Top Attorney Bankruptcy
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  3. Minnesota State Bar Association American Bar Association State Bar of Wisconsin
  4. BV Distinguished | Lexis Nexis | Martindale-Hubbell | For Ethical Standards and Legal Ability The National Trial Lawyers Million Dollar Advocates Forum

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Contact us today for a free consultation where you will speak directly with one of our attorneys. We are conveniently located for your accessibility, with offices in Hudson, Eau Claire, and five other cities throughout the region. If your condition prevents you from coming to one of our offices, we will happily meet with you at your home or another location that is comfortable for you.

Call Us: 800-456-6956

  • In Wisconsin, call: 715-802-0872
  • In Minnesota, call: 651-243-2872

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

Phone: 715-802-0872
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Rice Lake Office
337 N. Main Street
Rice Lake, WI 54868

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402 Graham Ave, Suite 305
Eau Claire, WI 54701

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1200 Tower Ave.
Superior, WI 54880

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1500 Madison Ave., Suite 220
New Richmond, WI 54017

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Wausau, WI 54401

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Woodbury Office
724 Bielenberg Drive, Suite 126
Woodbury, MN 55125

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109 North 2nd Avenue West
Duluth, MN 55802

Phone: 218-208-6502
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Howard Court Bldg.
302 Howard St. , Ste. 123
Hibbing, MN 55746

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