In a Wisconsin worker’s compensation claim, proving that you were injured at work is often just the start. Wisconsin worker’s compensation benefit schedules are complicated, and it can be difficult to understand what benefits you are entitled to receive.
Wisconsin worker’s compensation attorney Luke Kingree will help you identify the benefits you are entitled to and understand the process to get them. With offices in Madison and Eau Claire, Kingree Law represents injured workers throughout Wisconsin and helps them obtain the benefits they deserve.
Wisconsin workers who were injured on the job are entitled to medical benefits to pay for reasonably related medical expenses. They are also entitled to compensation for rehabilitation, vocational training, and possibly loss of earning capacity benefits.
Injured workers are also entitled to wage loss benefits. The amount and duration of these benefits will vary according to the severity and extent of a work-related injury or illness. These benefits are paid until the injured worker’s condition has stabilized or until they have reached “maximum medical improvement” and their condition is unlikely to improve.
If you are unable to work or are required to work in a lesser-paying position because of a workplace accident or occupational injury, you are entitled to permanent disability benefits. The amount and length of time you will receive permanent disability benefits will depend on the extent and severity of your injuries and whether you have sustained a loss of earning capacity.
Temporary partial disability (TPD) benefits are payable when an injured worker can still work after an injury but must work fewer hours or in a lesser-paying position. TPD benefits are two-thirds of the difference between wages earned while on temporary restrictions and the average weekly wage at the time of the injury.
Temporary total disability (TTD) benefits are paid while the injured worker is off work entirely before reaching maximum medical improvement.
TTD benefits are two-thirds of the average weekly wage.
Permanent partial disability (PPD) benefits are payable for the permanent functional impairment of a body part, regardless of wage loss. The specific benefit amount will vary based on the severity of the injured worker’s condition.
PPD benefits are usually paid at a rate much less than two-thirds of the average weekly wage. The Wisconsin worker’s compensation statute includes a “schedule” of injuries that identifies payments and length of benefits that vary depending on the type of injury, body part and when it was sustained. Your doctor will provide a disability rating from 0% to 100% based on functional loss and other factors. For example, the loss of an arm at the shoulder is payable for 500 weeks, the loss of an arm at the elbow is payable for 450 weeks, and the loss of a hand is payable for 400 weeks. If you sustain PPD to multiple body parts, there is a multiplier that enhances the PPD benefits payable to you.
An injured worker may be entitled to additional benefits for loss of earning capacity if they sustained permanent wage loss due to permanent restrictions to the head, neck, back, or torso, but not to any other body part, and the loss of earnings is less than 100% disabled.
Permanent total disability (PTD) benefits are available when a worker is permanently disabled from working due to permanent restrictions to the head, neck, back, or torso, but not to any other body part. PTD benefits are payable for life at a rate of two-thirds of the worker’s average wage at the time of the injury.
Kingree Law will explain the disability benefits you are entitled to receive after a workplace accident or occupational injury and fight to help you receive the benefits you deserve. We handle worker’s compensation claims on a contingency fee, which means you won’t pay an attorney’s fee unless we recover money for you.
To learn more, we invite you to read our FAQ section and Information Center on workers’ compensation benefits and to contact Kingree Law today to schedule a free, confidential consultation to discuss your situation and how we can help.