Frequently Asked Questions About Wisconsin Workers’ Compensation

Were you injured at work in Milwaukee or another Wisconsin community? While recovering, you may be entitled to workers’ compensation benefits to cover some of your lost income. However, workers’ compensation laws can be hard to understand. Below are some common questions about workers’ comp. Need more information? Our workers’ compensation lawyers in Wisconsin at Gillick, Wicht, Gillick, & Graf can help today. Remember, you will not pay legal fees until you receive workers’ comp benefits.

What Workers’ Comp Benefits Am I Eligible For?

Depending on the case, you may receive benefits for permanent and temporary injuries. Unfortunately, Wisconsin employers and insurance providers often underestimate the benefit to your disadvantage. That is why talking to an attorney is smart.

Can I Choose My Own Doctor?

Yes, you are allowed to select any licensed medical provider in the state. However, your company may have you treated by their doctor in an emergency. Also, your employer can ask for an independent medical examination (IME) where a doctor reviews your injuries and overall condition. If you are asked to submit to an IME, ask your Wisconsin Workers’ Compensation attorney for assistance.

What If My Injury Involves A Pre-Existing Injury?

You still can get workers’ comp even if you were more likely to get the injury because of a pre-existing condition. State law assumes that your company has employed you ‘as-is.’ So, you should still receive benefits for lost wages, medical costs, and any restrictions you have going forward from the job-related injury.

What Are The Types Of Workers’ Comp Benefits In Wisconsin?

If you are injured in Wisconsin and cannot work, there are three types of workers’ compensation benefits. Which you receive depends on the nature and length of your injury:

Temporary Total Disability (TTD)

You may qualify for TTD if you cannot perform your duties and the company cannot give you an alternative job. The insurance company must pay 2/3 of your average weekly earnings before you were hurt. For 2020, the maximum TTD benefit was $1,051.

Temporary Partial Disability (TPD)

If you can still work but cannot make as much as before you were hurt, you may receive TPD. You receive 2/3 of the difference between your pay pre-injury and post-injury. But your pre-injury wages can only be up to the maximum of TPD benefits.

Permanent Partial Disability (PPD)

You may qualify for PPD after you have reached maximum medical improvement and the doctor says you have permanent limitations. If you have a long-term disability, it is usually determined to be partial. However, your doctor will give you a permanent impairment rating. This is a percentage of how much functional disability you have.

The PPD benefits in Wisconsin are 2/3 of your average weekly income. Therefore, the maximum benefit is less than the temporary benefits. In 2020, the maximum PPD benefit was $362 per week.

If you went back to work, you still get PPD according to your degree of physical limitations. If you cannot make at least 85% of what you made before the injury, you may have a claim for retraining or loss of earning capacity. If this is your situation, ask Gillick, Wicht, Gillick & Graf for assistance.

How Can I Get More Workers’ Comp Benefits?

After you are hurt at work, you are usually eligible for benefits. But there are things you can do to increase the likelihood of receiving benefits quickly:

• Report your injury to your employer as soon as possible. It is recommended to report the injury within 30 days, but the longer you wait, the harder it is to receive benefits.
• Get medical treatment from the best doctor you can find.
• Never use the doctor your company recommends for your treatments.
• Stay in touch with your doctors. If your injury gets worse, call your doctor immediately.
• Check that you have the right work restrictions for tasks you do at work. Talk to your doctor if you need help with your current work restrictions.
• Never lie or exaggerate your injuries.
• Keep your company up to date on your work restrictions.

Can I Get Workers’ Comp And Social Security Disability Simultaneously?

Yes. You may be eligible to receive 80% of your pre-injury average earnings per week if you are getting workers’ compensation and Social Security disability at the same time. This is compared to 66% of your average weekly wages if you only get workers’ compensation.

How Long Will I Receive Benefits?

Your worker’s compensation benefits will last until your medical provider says you have reached maximum medical improvement (MMI) and can return to work. Suppose your injury or illness leaves you with a long-term disability that leaves you with work restrictions. In that case, you will receive benefits according to how the doctor evaluates the degree of injury. If your injury is bad enough that you cannot go back to your old job, you may be able to get retraining benefits.

When Do I Need A Workers’ Comp Attorney?

There are situations where you may need an attorney. Typical cases that may need an attorney include:

• Your doctor and the company doctor disagree about the extent of your injuries.
• Your company or the insurer wants you to provide a recorded statement (never do so without your attorney present).
• You are requested to sign a settlement agreement.
• You cannot go back to work because of your job-related injury.
• It has been more than 14 days since your injury, and you have not received workers’ compensation benefits.
• You were fired after you were injured at work.

Contact Workers’ Compensation Lawyers In Wisconsin

If you suffer a workplace injury or illness, what should you do? Unfortunately, you may not be able to work and earn your regular income. Fortunately, most Wisconsin workers can qualify for workers’ compensation insurance.

However, handling your workers’ compensation claim on your own may be unwise. Insurance companies are notorious for denying and reducing benefits for injured workers. Our workers’ compensation lawyers in Wisconsin can help you file your claim and get the maximum benefits. Contact Gillick, Wicht, Gillick & Graf today for help with your case at (414) 257-2667. You do not pay legal fees until you receive benefits.