The Short Answer
Workers’ compensation benefits in Wisconsin include medical care, wage replacement, vocational rehabilitation, mileage reimbursement, and more. Death benefits are available to surviving family members in case of a fatal workplace injury or occupational illness.
Key Takeaways
- Workers’ compensation provides a comprehensive suite of no-fault insurance benefits to workers who are injured or develop an occupational illness.
- Insurance policies must cover all reasonable and necessary medical care to cure and relieve your condition
- Temporary wage replacement benefits kick in if you’re unable to work for more than 3 days.
- Temporary partial disability helps offset the wage difference if you’re working part time or in a different job.
- Permanent partial or total disability compensates you for impairments that affect your ability to work in the future.
- You may qualify for vocational rehabilitation, including financial assistance, if you’re unable to perform your previous job.
- Death benefits are available to support the worker’s spouse and children in the event of a fatal work injury.
- All companies must provide the same benefits. It doesn’t matter if they purchase workers’ compensation insurance or self-insure.
Medical Benefits
If you’re injured on the job or develop an occupational illness, workers’ compensation should cover all reasonable and necessary medical care until your work restrictions are lifted or you reach a healing plateau. Depending on your situation, this may include the following benefits.
- Emergency medical care
- Doctor’s visits
- X-rays and imaging
- Medications
- Surgeries
- Physical therapy
- Chiropractic care
- Dental restorations
- Durable medical equipment
Transportation costs to and from your medical appointments may also be covered. You’ll need to track your mileage, note the purpose of each trip, and complete the required form WKC-18613. Mileage is typically reimbursed at standard IRS rates.
Wage Replacement Benefits
Workers’ compensation provides 4 different types of non-taxable wage replacement benefits for full and partial disabilities that are permanent or temporary. Benefits are available while you’re recovering from an occupational injury and typically end if and when you’re able to return to work full time.
Temporary Total Disability (TTD)
You may be eligible for TTD benefits if your work-related injury or illness temporarily prevents you from doing your job or other work that you’re qualified to perform.
- TTD benefits equal 2/3 of your average weekly wages.
- For 2025, the maximum payment is $1,326 per week (2/3 of weekly wages capped at $1,989).
- Maximum weekly benefits are adjusted periodically. Current payment caps are published by the Wisconsin Department of Workforce Development.
Wisconsin workers typically receive TTD benefits until they return to work or reach maximum medical improvement (MMI). At this point, a doctor has determined that your condition will not improve with further treatment. If you still have an impairment after reaching MMI, you may be entitled to permanent partial or total disability.
Temporary Partial Disability (TPD)
If you return to work before reaching MMI, you may be able to receive TPD benefits. This type of workers’ compensation provides partial benefits to employees who return to work part time or in a position that pays less than their previous job. TPD benefits are calculated as 2/3 of the difference between your pre-injury and post-injury wages.
Permanent Disability
Permanent disability compensates you for functional impairments that exist after you reach MMI. Similar to temporary disability, payments fall into 2 categories depending on whether your work-related injury is totally or partially disabling.
Permanent Total Disability (PTD)
You may be entitled to PTD benefits if your injury or illness prevents you from working indefinitely. After your doctor has determined that you have reached MMI, you will be evaluated for a permanent disability.
Serious injuries, such as the loss of both eyes, arms, or legs, are considered to be permanently and totally disabling. In this case, workers’ comp would provide PTD. These benefits are paid at 2/3 of the average weekly wage you were earning prior to your injury. Like TTD, your PTD benefits are also subject to the maximum weekly benefit amount of $1,326, as of 2025.
Permanent Partial Disability (PPD)
PPD benefits are available for workers who have experienced some type of permanent impairment from a workplace injury or illness that limits their ability to work. There are 2 types of PPD benefits: scheduled loss and nonscheduled loss.
Scheduled Losses
Scheduled loss PPD benefits apply to an amputation or loss of function involving a specific body part, such as your leg, thumb, or knee. Per Wis. Stat. § 102.52, body parts receive a specific impairment rating listed in statutory weeks. Common injuries range from 4 weeks to 500 weeks depending on the affected body part. This weekly rating is then multiplied by the degree of impairment. Here’s an example:
- Loss of the arm at the elbow is rated at 450 weeks.
- If your elbow is 10% impaired, you’ll be eligible for 45 weeks of benefits.
- Payments are equal to 2/3 of the workers’ average weekly wages with a cap of $446 per week for injuries occurring since January 2025.
- Therefore, the maximum compensation would be $20,070 ($446 x 45 weeks).
Nonscheduled Losses
Nonscheduled injuries typically affect body parts other than the extremities. Back injuries are one common example. Calculations are based on your lost earning capacity compared to the body as a whole.
- Whole-body impairment is equal to 1,000 statutory weeks.
- A back injury that reduces a worker’s earning capacity by 5% would result in 50 weeks of compensation.
- At the current PPD rate, this adds up to a maximum of $22,300 in compensation ($446 x 50 weeks).
You can find the current Permanent Partial Disability Schedule online on the Wisconsin DWD website. Calculations for multiple disabilities can be very complex, so you may wish to consult an attorney if you disagree with your PPD rating.
Workers’ Compensation Death Benefits
If a worker dies from a work-related injury or illness, their dependents may receive death benefits through workers’ comp. Here’s what’s included.
- Workers’ compensation death benefits equal 4 times the worker’s average annual wage.
- For injuries occurring on or after January 1, 2025, the maximum total payment is $397,800.
- The surviving spouse is entitled the maximum total disability rate of $1,326 per week or $5,746 per month.
- Workers’ compensation pays up to $10,000 for funeral and burial expenses.
- Minor dependents are entitled to up to $132.60 per week from the children’s fund.
- Non-estranged parents who don’t receive financial support from their child can receive a single payment of $6,500.
- Insurance must make an additional $20,000 contribution to the state fund in case of a fatal work injury.
Dealing with the death of a loved one is extremely painful. Don’t hesitate to reach out to a Wisconsin workers’ compensation attorney to determine what benefits and resources are available.
Vocational Rehabilitation
If your doctor determines that you have permanent medical restrictions that prevent you from doing your previous job or similar work, you may be eligible for vocational retraining. The goal of these programs is to help you secure employment that pays at least 85% of your pre-injury wages.
Once approved, you’ll receive an Individualized Plan for Employment developed by a VR specialist. You may be eligible for extended TTD benefits for up to 80 weeks during the retaining period, plus compensation for travel, meals, and lodging. You may also be able to work up to 24 hours per week during the training period without affecting your benefits.
Wisconsin Workers’ Comp Benefits FAQs
When Will My Workers’ Compensation Benefits Begin?
In Wisconsin, medical benefits begin as soon as your workers’ compensation claim is approved. Typically, this takes 14 days from the date that you report the injury. Wage replacement benefits cover you starting on your 4th day off work. If you’re out for more than 7 days, you’ll receive retroactive benefits covering the initial 3-day waiting period.
When Will My Workers’ Compensation Benefits End?
Your benefits typically end when you return to work full-time or your doctor has determined that you’ve reached a plateau of healing known as maximum medical improvement. If you’re only working part-time due to restrictions, you may still qualify for TPD benefits.
If you have long-term impairments, permanent disability may be available. Once you return to work, workers’ compensation may still cover necessary medical care related to the injury even after your wage replacement benefits end. For most injuries, your claim will remain open for 6 years from the date of the injury or the date of the final workers’ comp payment, whichever is later.
What if I’m Not Receiving the Benefits I Need?
If you’re not receiving the workers’ comp benefits you believe you’re entitled to, start gathering documentation, including medical records, pay stubs, PTO requests, and correspondence from your employer and their insurance company. If your benefits don’t match your expectations, speak to a workers’ compensation attorney near you to ensure that your benefits are calculated correctly.
What Can I Do if My Workers’ Comp Claim Is Delayed?
You should receive an approval or denial from the insurance company within 14 days of reporting your injury. Employers face harsh penalties for delaying claims. If you don’t hear back within 14 days or if you’re having trouble getting the benefits you need, contact a workers’ comp lawyer. Issues can often be resolved by contacting HR, asking the insurance company for documentation, or filing a complaint with the Wisconsin Department of Workforce Development.
Should I Accept a Workers’ Compensation Settlement Offer?
Settlements are very common in workers’ compensation cases. While a settlement can help to expedite a disputed claim, it’s important to seek legal advice before you accept an offer. At Sam Bomier Law, we can evaluate your claim, assess your expenses and lost wages, and help to push for a fair settlement. Accepting a settlement restricts you from future compensation, so you want to avoid undervaluing your claim or accepting an offer prematurely.
Need Help With Your Workers’ Comp Benefits?
At Sam Bomier Law LLC, our founding attorney has over 38 years of experience assisting injured workers in the Fox Cities and throughout Northeast Wisconsin. Workers’ compensation is all that we do. We understand the challenges that injured workers face and are here to address any questions or concerns that you have about your workplace injury.
Fill out our contact form to schedule a free one-on-one case review. We’ll evaluate your claim to help you receive full benefits.
