Wisconsin Workers' Compensation
Created in 1911, Wisconsin workers' compensation altered compensation for workplace injuries by requiring employers to purchase no-fault insurance for their employees which would compensate an employee if they were injured in an accident at work.
Employees no longer have the legal right to sue their employers for work-related injuries (in most cases) but instead receive immediate medical benefits and wage loss compensation without having to file a personal injury claim and proving their employer was negligent for their Wisconsin work injury.
Wisconsin work comp benefits are considered a trade-off for the employee, who loses out on potential compensation from a personal injury award, and the employer, who has additional costs associated with providing work comp insurance for the majority of their employees.
Hiring a Wisconsin Workers' Compensation Lawyer
Although many workers are able to settle their Wisconsin workers' compensation claim without the help of a Wisconsin employment lawyer, many workers with serious or permanent injuries may need help.
Employers and insurance companies, who have their own work comp attorneys, may be less interested in ensuring you get the medical benefits you need and more eager to save costs and close your Wisconsin workman's comp claim.
Wisconsin attorneys understand the complexities of workman's comp laws in Wisconsin and can help if you have been denied work comp benefits, have suffered discrimination, have been fired from your job or have been offered an impairment rating that does not fully compensate you for your workplace injuries. Need legal help getting benefits for your Wisconsin workers compensation case? Simply complete our free form below to get started today!
Work Injuries Covered Under Wisconsin Workers' Compensation
Most Wisconsin work injuries are covered under workers' compensation law if they occur at work while the employee is engaged in their normal job duties.
There are certain Wisconsin injuries which will not be covered by workplace injury compensation. If you were injured while travelling to and from work ,while you were intoxicated, by flagrantly ignoring standard safety precautions, while intentionally trying to hurt yourself of another person or engaged in a voluntary or social activity at work it may be difficult to win Wisconsin work comp benefits.
If you have been denied work comp benefits in Wisconsin, talk to a work comp lawyer. They can review your workers' compensation claim and determine if you have a case.
Different Wisconsin Workers' Compensation Benefits
Wisconsin workers' comp insurance includes a variety of benefits such as: temporary total disability benefits (TTD), medical benefits, permanent partial disability benefits (PPD), permanent total disability benefits (PTD), death benefits to surviving beneficiaries and vocational rehabilitation benefits. More information about each benefit is listed below:
Medical Benefits - Medical benefits may be provided to injured Wisconsin workers for all necessary and reasonable medical care to help pay for their work injury. Medical care which may be covered can include: hospitalizations, prescription medications, laboratory services, chiropractic care, doctor's visits, nursing services and medical supplies.
Wisconsin work comp laws allow Wisconsin employees to choose their own first and second treating physician but additional choices must be approved by the work comp insurance company.
Temporary Total Disability Benefits (TTD) - Temporary total disability benefits (TTD) are paid to Wisconsin employees who are injured and their work injury is so severe that they are temporarily unable to return to work. PTD benefits will not be paid for the first 3 days of missed work. This is considered the healing period. PTD benefits will begin on the 4th day of missed work and if the employee misses more than 7 calendar days of employment, they will be compensated for the first 3 days of missed work.
TTD benefits are paid at 2/3 of the average weekly wage of the worker at the time of their Wisconsin work injury, subject to the state's maximum allowable amount. Benefits can be paid for a maximum of 1,000 weeks.
Permanent Total Disability Benefits (PTD) - Permanent total disability benefits (PTD) are paid to Wisconsin workers who are injured so severely by their occupational illness or workplace injury that they are permanently unable to return to any type of employment.
PTD benefits are paid at the same rate as temporary total disability benefits which is 2/3 of the worker's average weekly wage at the time of their workplace injury. PPD benefits can be paid for as long as the worker lives, but if the worker is entitled to Social Security benefits they may be offset when the combination of the two exceeds 80% of the employee's average earnings.
Permanent Partial Disability Benefits (PPD) - Wisconsin employees who are injured at work and who have reached their maximum medical improvement but remain partially and permanently disabled may receive PPD benefits if they are unable to make the same wages they could earn prior to their work injury.
Calculating permanent partial disabilities is done based on the severity of the work injury and what body part is affected.
Death Benefits - Wisconsin death benefits are paid to the surviving beneficiaries of a deceased Wisconsin employee. The maximum compensation varies but it cannot be more than 4 times the worker's annual earnings.
Burial expenses may also be included but cannot exceed the state maximum amount which is currently $10.000. Death benefits may also be paid to a deceased worker's parents if there is no other dependent such as a child or spouse.
Vocational Rehabilitation - Vocational rehabilitation services may be offered to a worker who is unable to return to work. Vocational rehabilitation varies by state but generally includes: job-retraining, job counseling, job medication or job placement.
The goal of vocational rehabilitation is to help the Wisconsin employee return to a job which they are suited to perform given their current mental and physical health status.