Claims of $10 or more in monetary damages against a State of Wisconsin agency related to issues such as property loss, injury, vehicle accidents, permits, licenses, and taxes. The Claims Board does not accept claims against private businesses or individuals, federal agencies, or local government agencies (cities, counties, etc.). Claims for damages incurred pursuant to a contract with the State of Wisconsin are also considered general claims.
Processing of general claims is governed by § 16.007 of the Wisconsin Statutes, which grants authority to the Claims Board to deny, pay, or recommend payment of claims to the legislature. The Claims Board does not have authority to order a state agency to take a specific action. The Claims Board is not an arm of the Wisconsin Court System and cannot overturn court decisions.
Filing a Claim
Please complete the Claims Board Claim Form provided below. The signed and notarized form, plus any supporting documentation, can be submitted via email or by mail (see contact information on form). Documents submitted by mail will not be returned, please do not submit originals.
Please note that Claims Board claims are considered public records under Wisconsin's Public Records Law. Claim forms and accompanying documents may be open to inspection by the public.
Instructions and Claim Form
Claimant Information: Provide complete information for the individual who incurred the damages, including email and daytime phone number, if possible. You may not file a claim for damages incurred by another person unless you provide a signed Power of Attorney from that individual authorizing you to file the claim on their behalf.
Agency Information: The claim must be against a State of Wisconsin agency. The Claims Board does not accept claims against local government agencies, federal agencies, private businesses, or private individuals. If do not know which agency to name, please contact the Claims Board for assistance.
Insurance Information: Provide complete information about your insurance coverage regardless of whether you have filed a claim with your insurer. Do not file a claim on behalf of your insurer. Please note, the Claims Board does not accept subrogation claims from insurance companies.
Dollar Amount Claimed: The Claims Board considers claims of $10 or more for actual, out-of-pocket damages. Do not submit claims for intangible damages such as pain and suffering. Do not submit claims for damages paid by anyone other than yourself. You will need to provide documentation for the amount you are claiming in the form of invoices, receipts, repair estimates, etc. If you do not have a receipt for an item you are claiming, please provide documentation showing the value of an identical or similar item.
Pursuant to Wis. Stat. § 16.007(6)(a), the Claims Board is authorized to make awards of $10,000 or less. The Claims Board may recommend payment of larger amounts to the Wisconsin Legislature; however, payment will only occur upon passage of a bill by the legislature.
Statement of Circumstances: Please provide a detailed statement explaining the circumstances surrounding your claim and how the involved state agency is responsible for your damages. The Claims Board does not have access to information you may have provided to another agency prior to filing your claim, therefore, you should submit copies of any documentation you believe is necessary to support your claim.
Signature and Notarization: The signed and notarized original form, plus any supporting documentation, can be submitted via email or mail (see contact information on form). Please do not submit original documents; they will not be returned to you.
Claims Board Claim Form
The Claims Board Process
The involved state agency and claimant will receive copies of all submissions filed by the other party and an opportunity for the parties to respond will be provided as follows:
- Agency response to original claim (45 days)
- Claimant reply to agency (30 days)
- Agency final response (20 days)
- Claimant final reply (20 days)
If the claimant or the agency wish to do so, they may request a hearing before the Claims Board. Both the claimant (or the claimant's representative) and a representative of the state agency appear at the hearing. Both parties will be asked to summarize their position and respond to questions from the board members. Hearings are relatively informal and usually take about 30 minutes.
If neither the claimant nor the agency wishes to attend a hearing, the Claims Board can decide the claim based on the written material submitted by the claimant and the agency, without appearances by either party.
Claims Board meetings are held approximately four times a year. The hearing portion of a Claims Board meeting is open to the public. After the hearings are completed, the board enters a closed session to discuss and decide the claims presented at hearings and those claims for which no hearing was requested. This portion of the meeting is closed to everyone except board members and staff pursuant to Wis. Stat. § 19.85(1)(a).
Claims Board decisions are issued in writing. A copy of the decision is sent to the parties within 20 days of the meeting. The decision of the board is made public only through issuance of the written decision.
There is no appeal process for general claims filed under section 16.007 of the Wisconsin Statutes.