Hurt at Work in Wisconsin, Don’t Speak English? What to Do

By Attorney Lisa Pierobon Mays

Updated: September 2026

Take the same steps as any injured worker. In Wisconsin, speaking English is not a requirement for workers’ compensation coverage. Get medical care from a doctor you choose. Tell your employer about the injury within 30 days. You can report it in Spanish; the law requires that your employer actually receive notice, so bring a bilingual coworker or interpreter if needed and give it in writing to your supervisor or the person your employer designated; keep a copy. Keep every paper, and ask for an interpreter if your case goes to a hearing. One warning up front: the state’s Worker’s Compensation Division schedules hearings only by written letter. An email inviting you to an online “hearing” is not how a real hearing is scheduled, so do not pay anything.

This guide is for injured workers who don’t speak English and for the family members helping them. It is verified against the Wisconsin Statutes and the publications of the Wisconsin Department of Workforce Development (DWD), the state agency that runs workers’ compensation. Lea esta guía en español.

Nine steps after a work injury

1. Get medical care first, from a doctor you choose

Tell the clinic or hospital that you were hurt at work. Once your employer knows about the injury and that it is related to your work, it must offer you your choice of doctor: any physician, chiropractor, psychologist, dentist, physician assistant, advanced practice registered nurse or podiatrist licensed and practicing in Wisconsin (or another qualified practitioner if you and your employer agree; a second choice is yours on notice to your employer or its insurance company, and further changes need agreement) (Wis. Stat. § 102.42(2)(a)). A doctor you see on referral from your own doctor does not count as another choice. In an emergency, your employer may arrange your first treatment; once the emergency has passed, you choose.

Tell every doctor exactly how you were hurt at work, and ask for an interpreter at each visit (see step 5). DWD’s guide for injured workers explains that compensation and medical payments are based on the medical reports from your doctor, so what goes into those reports matters.

The insurance company can also send you to a doctor it chooses for an independent medical examination (IME). It must pay your necessary expenses, including travel, in advance; you can bring an observer, and you are entitled to copies of the reports (Wis. Stat. § 102.13(1)(b)).

2. Tell your employer within 30 days (in Spanish if you need to, but make sure you are understood)

Tell your supervisor about the injury right away. Wisconsin law requires that your employer actually receive notice of the injury within 30 days. You can report it in Spanish; the law requires that your employer actually receive notice, so if your supervisor doesn’t speak Spanish, bring a bilingual coworker or an interpreter. For a condition that develops over time, the 30 days run from when you knew or should have known what the condition is and that it is related to your work (Wis. Stat. § 102.12). Telling your supervisor is enough if your employer has not posted notices naming someone else to receive injury reports; if it has, tell that person too.

Also give written notice to your supervisor, or to the person your employer designated to receive injury reports: the date, what happened and who you told. Keep a copy. A relative can help you write it in English.

Late notice does not automatically end a claim. Missing the 30 days does not bar your claim if your employer was not misled by the delay. A separate two-year rule also applies: if no compensation is paid (payments for medical treatment or burial expenses do not count) and no application for a hearing is filed with DWD within 2 years after the injury, or after you knew or should have known what the condition is and that it is related to your work, the right to compensation is barred. Having your medical bills paid does not, by itself, keep a claim alive under that rule. But the two-year bar does not apply if your employer knew or should have known of the injury within those 2 years (Wis. Stat. § 102.12).

A claim that survives the two-year rule is subject to the longer time limits in Wis. Stat. § 102.17(4): 6 years for a traumatic injury on or after March 2, 2016, counted from the injury or the last payment of compensation (other than treatment or burial expenses), whichever is later (for an earlier injury, ask a lawyer which rule applies); and no time limit for an occupational disease. Some serious traumatic injuries, such as the loss or total impairment of a hand or any part of the arm above it, or of a foot or any part of the leg above it, any loss of vision, a permanent brain injury, or an injury requiring an artificial spinal disc, a knee or hip replacement, a shoulder replacement or a reverse shoulder replacement (the shoulder replacements were added by 2025 Wisconsin Act 145), also have no time limit. Under 2025 Wisconsin Act 145, filing a hearing application pauses the time limit while the case is pending, but the pause adds no time: the deadline becomes the later of the date the case ends (for example, when DWD approves a settlement or dismisses the application without prejudice) or the date it would have expired anyway, so if the original deadline passed while the case was pending, the claim can be barred as soon as the case ends. A settlement itself can also close future claims, depending on its terms. Those Act 145 tolling rules apply whatever the date of injury. More: how to file a workers’ comp claim in Wisconsin.

3. Your employer and its insurance company report the injury

DWD’s guide says that if you reported the injury, you do not have to file a claim yourself. If your employer does not report the injury, contact DWD’s Worker’s Compensation Division; if the insurer denies or stops benefits, you may need to file an Application for Hearing (WKC-7). Include medical documentation supporting the claim: DWD will not schedule a hearing until it arrives, and it is often your doctor’s WKC-16-B report or another medical report supporting the claim. If you have an attorney, your attorney also files the Certification of Readiness the rules call for. See the end of this step. According to DWD, your employer must report every work injury to its insurance company within 7 days after it learns of the injury, and the insurance company must report lost-time, compensable injury claims to DWD within 14 days after the date of injury.

If the insurance company accepts the claim, or an administrative law judge finds it compensable, workers’ compensation pays for reasonable and necessary medical treatment of the work injury (the insurer can still dispute a particular treatment). While you are healing and unable to work because of the injury, it also pays temporary total disability (TTD): two-thirds of your average weekly wage, up to $1,375 a week for injuries in 2026 and $1,326 a week for injuries in 2025 (DWD rate chart WKC-9572-P). TTD covers only the healing period; if the injury leaves a permanent disability, that is paid separately. There is a 3-day waiting period (Sundays don’t count toward it unless you normally work Sundays): the first 3 days are paid only if the disability continues past the 7th calendar day after you leave work, or if the injury causes permanent disability (Wis. Stat. § 102.43; DWD’s guide). DWD’s guide says that in most cases the insurance company makes the first payment within 14 days of your last day worked.

If the insurance company denies your claim, it must tell you in writing, give the specific reason and tell you about your right to a hearing (Wis. Admin. Code ch. DWD 80). Keep that letter. Here is what to do if your claim is denied.

4. Keep every paper and write down dates

• Keep every letter from the insurance company or DWD, with its envelope.
• Keep your medical records, the work restrictions your doctor gives you, your pay stubs and any messages with your supervisor.
• Write down the dates: when and where you were hurt, who saw it, when you reported it and to whom, and every medical appointment.
• Don’t sign anything you can’t read. Ask for a copy of whatever you sign.
• Take a photo of every letter with your phone as a backup.

These records also matter if your employer had no workers’ compensation insurance (see below).

5. Language help at a hearing, at the insurer’s exam and at medical visits

Since January 1, 2026, disputed workers’ compensation claims are heard by DWD’s Worker’s Compensation Division. A hearing is not a court trial: an administrative law judge at DWD decides the case.

If your case goes to a hearing and you need a Spanish interpreter, tell DWD’s Worker’s Compensation Division as soon as you get the hearing letter so an interpreter can be arranged: call (608) 266-1340, or have your attorney do it. DWD’s hearing rules set the fees for interpreters who attend hearings.

At the insurance company’s examination (IME), Wisconsin law gives you the right to have a translator you provide present if you have difficulty speaking or understanding English, and the insurer’s written request for the exam must tell you about that right (Wis. Stat. § 102.13(1)(b)). We could not find a workers’ comp rule on who arranges or pays for an interpreter at regular medical appointments; ask the clinic when you book. When you can, use a professional interpreter rather than your supervisor or a coworker, so your own words go into the record.

6. Use DWD’s own guide in Spanish

DWD publishes its guide for injured workers in Spanish: Hechos para trabajadores lesionados: Acerca de la compensación al trabajador en Wisconsin (WKC-18-S-P). It answers common questions in Spanish, such as who is covered, whether you can choose your doctor, who pays the medical bills, how compensation is paid and what happens if your claim is disputed. DWD’s Spanish term for workers’ compensation is compensación al trabajador, the same thing many people call compensación laboral.

DWD says you can contact its Worker’s Compensation Division at (608) 266-1340 to ask for information in another format, including translated into another language.

7. Immigration status alone does not stop benefits

If you are an employee covered by Wisconsin’s workers’ compensation law, your immigration status alone does not disqualify you. The law’s definition of “employee” makes no exception for immigration status (Wis. Stat. § 102.07(4)(a)), and the Labor and Industry Review Commission (LIRC), which reviews workers’ comp decisions, has applied the law that way, in Arista-Rea v. Kenosha Beef International (1999) and Zaldivar v. Hallmark Drywall (2014). Status can still affect loss-of-earning-capacity ratings and the penalty when an employer refuses to rehire an injured worker. And in one LIRC case, Zaldivar v. Hallmark Drywall (2014), the commission noted that the worker’s status stood in the way of federally funded vocational rehabilitation. Our guide has the details: Can I get workers’ comp in Wisconsin if I’m undocumented?

8. Watch out for fake hearing emails

On July 20, 2026, DWD warned that scammers were targeting injured workers, mainly Spanish speakers, with fake workers’ compensation hearings. According to DWD:

• The emails come from fake agencies with names such as “Workers’ Compensation Board,” usually from “.org” addresses such as “@workcompcourt.org.”
• They invite the worker to an “online hearing” on WhatsApp, Zoom or Teams, staged with a judge, a bailiff and attorneys.
• The worker is led to believe money was awarded, then told to pay fees to “finalize” the case.

What DWD wants you to know:

• The Worker’s Compensation Division schedules hearings only through written letters.
• All attorneys handling workers’ compensation cases in Wisconsin must be licensed to practice law in Wisconsin.
• Telephone numbers on DWD correspondence have Wisconsin area codes.
• If you get a suspicious message, call DWD’s Worker’s Compensation Division at (608) 266-1340. More from DWD: dwd.wisconsin.gov/wc/fraud.

The warning signs are no official letter from DWD, someone posing as DWD or a “board,” and any request for money. DWD says its Worker’s Compensation Division sends hearing notices through the U.S. Postal Service and holds hearings in person, and that it will not ask you to pay fees or contact you by text or messaging apps.

Do not pay anything or share personal information, such as your Social Security number, until you have checked.

9. Get a free consultation. Se habla español.

Your first consultation with our office is free, and se habla español. Mays Law Office handles workers’ compensation cases on a contingency fee: if nothing is recovered for you, you owe no fee for the attorney’s time. In a disputed case, the fee generally cannot be more than 20% of the disputed amount that is awarded, collected or settled, unless DWD has authorized a different fee in advance. When the insurer admits liability, the amount owed is not disputed and no hearing or appeal is needed, the fee is limited to 10%, and no more than $250. DWD approves the fee (Wis. Stat. § 102.26(2)). Costs, such as charges for medical reports, are separate from the fee and can be deducted from your recovery; whether you owe costs if nothing is recovered depends on the signed fee agreement. No fee is allowed on medical bills that another source, such as group health insurance, is available to pay. Here is how legal fees work in Wisconsin workers’ comp cases.

Dairy farms, meatpacking, construction and roofing

Dairy and other farms. A farm becomes subject to the workers’ compensation law 10 days after the 20th day in a calendar year on which it has 6 or more employees working on the same day. The employees can be at one or more locations, the 20 days do not have to be in a row, and certain relatives of the farmer are not counted (Wis. Stat. § 102.04(1)(c); DWD’s farm guidance). Coverage can also exist in other ways, so do not assume you are not covered; ask a lawyer.

Meatpacking and food processing. Workers’ compensation covers sudden injuries, such as cuts and amputations from knives and saws, and also conditions that build up over time from repetitive work on the line, such as carpal tunnel syndrome. For a condition that develops over time, the 30-day notice clock in step 2 runs from when you knew or should have known what the condition is and that it is related to your work.

Construction and roofing. Falls from roofs, ladders and scaffolds can cause serious injuries. Keep proof of who hired you and what you were paid (step 4).

If your employer had no workers’ compensation insurance. If your employer was required to have insurance and did not (DWD calls this being “illegally uninsured”), you can still claim: for injuries on or after July 1, 1996, the state’s Uninsured Employers Fund pays benefits on valid claims (Wis. Stat. §§ 102.80–102.81). You complete an Uninsured Employers Fund claim application and provide records showing that you worked there and what you were paid, such as payroll checks, check stubs, bank records, wage statements or tax returns.

From our practice: a hearing win for an injured immigrant worker

Attorney Lisa Pierobon Mays represented Rosa, an immigrant mother from Mexico who was the main housekeeper at a large apartment complex, at a contested administrative hearing. Rosa hurt her lower back in a fall at work in October 2021. The insurance company said she had only a minor strain and had fully recovered, relying on its own examiner, whose report ignored three MRIs. According to our published account of the case, the administrative law judge ruled for Rosa and awarded lost-time benefits, a 15% permanent partial disability rating, and payment of her medical treatment and mileage; the insurer remains responsible for reasonable and necessary future treatment of the work injury. The administrative law judge reserved her loss-of-earning-capacity claim, which our office plans to pursue once she has improved her English and tried to return to work or vocational rehabilitation. Read Rosa’s story. Every case turns on its own facts; a past result does not guarantee a similar outcome.

Frequently asked questions

What do I do if I got hurt at work in Wisconsin and don’t speak English?

Get medical care from a doctor you choose and tell the doctor it is a work injury. Tell your employer within 30 days. You can report it in Spanish; the law requires that your employer actually receive notice, so bring a bilingual coworker or interpreter if needed and give it in writing to your supervisor or the person your employer designated. Keep a copy of that notice and every other paper, and write down dates. If your case goes to a hearing, ask for an interpreter. DWD schedules hearings only by written letter, so do not pay anyone who emails you about an online hearing. A free consultation with our office can help with the rest; se habla español.

Can I get workers’ compensation in Wisconsin if I don’t speak English?

Yes, if you are an employee covered by Wisconsin’s workers’ compensation law. Speaking English is not a condition of coverage. Whether you are covered depends on your job and your employer. For example, a farm becomes subject to the law 10 days after the 20th day in a calendar year on which it has 6 or more employees working on the same day, and coverage can also exist in other ways, so do not assume you are not covered; ask. Immigration status alone does not disqualify an otherwise covered employee (Wis. Stat. § 102.07(4)(a)), and the Labor and Industry Review Commission has applied the law that way (Arista-Rea, 1999; Zaldivar, 2014). Status can still affect loss-of-earning-capacity ratings and the refuse-to-rehire penalty, and in one LIRC case (Zaldivar, 2014) the commission noted that the worker’s status stood in the way of federally funded vocational rehabilitation.

Can I have an interpreter at a workers’ comp hearing in Wisconsin?

If your case goes to a hearing and you need a Spanish interpreter, tell DWD’s Worker’s Compensation Division as soon as you get the hearing letter so an interpreter can be arranged: call (608) 266-1340, or have your attorney do it. DWD’s hearing rules set the fees for interpreters who attend hearings. At the insurance company’s exam (IME), the law gives you the right to have a translator you provide present if you have difficulty speaking or understanding English (Wis. Stat. § 102.13(1)(b)). For regular medical appointments, ask the clinic when you book.

Can I report my work injury to my employer in Spanish?

You can report it in Spanish; the law requires that your employer actually receive notice, so make sure it is understood. Wisconsin law requires that your employer actually receive notice of the injury within 30 days (Wis. Stat. § 102.12). If your supervisor doesn’t understand Spanish, bring a bilingual coworker or an interpreter. Also give written notice to your supervisor or the person your employer designated to receive injury reports, with the date and what happened, and keep a copy. A relative can help you write it in English.

I got an email about an online workers’ comp hearing. Is it real?

Be very careful. DWD’s Worker’s Compensation Division schedules hearings only through written letters, so an email is not how a hearing is scheduled. In July 2026, DWD warned that scammers were emailing injured workers, mainly Spanish speakers, from “.org” addresses to set up fake video hearings and then asking for fees. The warning signs are no official letter, someone posing as DWD, and any request for money; DWD says it holds hearings in person and will not ask you to pay fees. Do not pay anything. To check, call DWD at (608) 266-1340 or ask your attorney.

Talk to our Wisconsin workers’ comp office. Se habla español.

Attorney Lisa Pierobon Mays has practiced law in Wisconsin since 1995 and concentrates her practice on workers’ compensation for injured workers, with more than 25 years of experience. She served on the Board of Directors for District 7 of the Wisconsin Association for Workers Compensation Attorneys (WAWCA) from 2001 to 2025. Your first consultation is free. Learn more about our Wisconsin workers’ compensation practice, or contact us for a free consultation. Se habla español.