How is My Disability Settlement Calculated After a Work Injury?
If you or your loved one was injured on the job in Wisconsin, you are entitled to fair workers’ comp benefits. Typically, these benefits will include coverage for your medical bills and compensation for lost wages. Beyond that, if you have a disability or impairment as a result of your work injury, you may be eligible to recover additional compensation.
Work injury disability claims are deeply complex. Unfortunately, many injured workers have a difficult time getting access to the full disability benefits they rightfully deserve. Below, our Milwaukee workers’ compensation lawyers provide an overview on how disability settlements are calculated after a major work injury in Wisconsin.
Injured Workers Must Reach Maximum Medical Improvement
Disability benefits come in several different forms, including permanent partial disability and permanent total disability. If you were severely hurt on the job, your disability compensation will be based on the specific nature of your condition. Before disability compensation can be calculated, an injured worker’s condition must be assessed.
In Wisconsin, a permanent partial or permanent total disability determination will only be made after doctors have decided the injured worker has reached Maximum Medical Improvement (MMI). MMI occurs when a patient’s medical condition has stabilized and no improvement is reasonably expected with additional treatment. That is not to say the worker will stop receiving medical treatment or rehabilitative care. Ongoing treatment may be required to prevent the condition from getting worse.
Disability Settlements are Based on Disability Rating
When an injured worker reaches MMI, they will be assigned a disability rating. Any eventual disability settlement will be based, in large part, on that rating. The Wisconsin Department of Workforce Development has published the Permanent Partial Disability (PPD) Schedule for different conditions that are ‘listed.’ Under this schedule, a certain number of weeks of wages is assigned for different types of injuries.
As an example, if a worker loses a hand in an accident, Wisconsin lists the condition at 400 weeks of compensation. This would be the baseline figure for disability settlement. However, not all conditions are listed on the schedule. Determining disability rating can be challenging. If your rating is too low, you may be offered less disability compensation than you deserve.
How Our Workers’ Comp Lawyers Can Help You Get a Full Disability Settlement
Our Milwaukee workers’ compensation attorneys are standing by, ready to answer questions you have about your legal rights. If you or your loved one suffered a disability in a work-related accident, it is imperative you have an aggressive attorney on your side. In far too many cases, disabled workers are not offered a full and fair disability settlement. We will make sure your disability rating is properly assigned, so you can obtain every penny you are owed.
Speak to Our Milwaukee, WI Workers’ Comp Attorneys Right Away
At Gillick, Wicht, Gillick & Graf, our work injury attorneys help clients get the maximum available work injury disability settlement. To arrange a free review of your case, please contact us. We serve injured workers throughout the region, including in Milwaukee, Appleton, Fox Valley, Kenosha, Racine, Sheboygan and Waukesha.