How Long Can I Receive Workers’ Comp In Wisconsin?

For most people who are injured on the job, it is only natural to wonder how long they can receive worker’s compensation benefits. After all, you really don’t know immediately after you get hurt how long you will miss work.

Wisconsin worker’s compensation law mandates a three-day waiting period before benefits accrue unless you are out of work for seven days, but that really impacts benefits if you aren’t out of work long enough. Depending upon how severe your injury is, you might not really know how long you will be out of work. If your injury is severe enough, it could be years or even for the rest of your life. So, how long can you collect worker’s compensation benefits?

How Long Your Benefits Last Depends Upon Your Injury

The answer to how long you can collect worker’s compensation benefits, realistically, is “it depends.” That makes sense when you think about it. Relatively minor injuries likely will result in a fairly short benefits period. If you sprain an ankle and are out of work for a short while, but return to work after two weeks at 100 percent, your benefits will end when you return to work.

More serious injuries can result in a longer payment schedule.  For serious injuries the injured worker would receive 2/3rds of their average weekly wage until their doctor says they are done healing from the injury.  There is no statutory limit to this amount of time.  They would then potentially receive additional benefits for permanent partial disability if their doctor thinks they have permanent impairment.

Under Wisconsin worker’s compensation benefits law, the amount of benefits for time off (temporary total disability) is based upon:

• How much do you normally earn in weekly wages
• How many weeks are you off work

For Permanent Partial Disability, the amount of benefits is based upon:

• How serious your injury or disability is, calculated as a percentage by your doctor, which can be anywhere from 0 percent to 100 percent.
• Which body part you injured. Each body part has a value in Wisconsin.
• What year you got injured in. This sets the rate of your benefit.

Permanent Total Disability Entails Lifelong Benefits

The ultimate answer to how long you can receive worker’s compensation benefits, of course, is that you can receive them for life if your injury qualifies. You really don’t want your injury to qualify for lifetime benefits, though, because that means you have suffered an injury resulting in permanent total disability. That doesn’t mean you’re in a comatose state for life, although that certainly would count as a permanent total disability. In fact, you could well still be able to live on your own and take care of yourself.

The key element to permanent total disability is that you are not able to return to employment, and doctors have determined that you will not ever be able to do so. The state maintains detailed guidelines to assist physicians in determining the extent of your permanent disability.

Medical expenses, of course, are separate from worker’s compensation payments for lost wages or for permanent disabilities. Your medical expenses are fully reimbursed under worker’s compensation for as long as you incur such expenses as a result of your workplace injury. Naturally, long-term medical expenses frequently become the subject of disputes with employers or the worker’s comp insurer, particularly for very long-term or expensive medical care.

How Many Worker’s Compensation Cases Result in Permanent Disability?

While the exact percentages of workers’ compensation cases involving permanent disability can vary significantly across different states and industries, research indicates that approximately 30% to 40% of these cases result in some form of permanent disability, either partial or total. Below, we provide a more detailed breakdown of this important topic:

Types of Permanent Disability

1. Permanent Partial Disability (PPD): This is the most commonly encountered type of permanent disability. It applies to situations where the worker has sustained an injury that prevents them from performing some of their job functions but allows them to retain the capacity to work in some capacity. The degree of impairment can vary widely, and this can affect the worker’s earning potential and overall quality of life.

2. Permanent Total Disability (PTD): This category is less frequently observed and encompasses cases where a worker is completely unable to resume any form of employment due to their injuries. This designation is typically made when a worker’s medical condition severely limits their ability to engage in any gainful activity, whether it is related to their previous occupation or any alternative employment.

How the Determination Is Made

The determination of permanent disability usually occurs after a worker has reached what is known as Maximum Medical Improvement (MMI). At this point, a qualified medical professional will conduct a thorough evaluation and assign an impairment rating based on a variety of factors, including the physical and mental limitations resulting from the injury. This rating is vital as it not only assesses the severity of the disability but also helps establish whether the impairment is permanent and to what extent it impacts the worker’s ability to perform their job.

Variations Across States

It’s important to note that the prevalence and assessment of permanent disability can differ significantly from state to state, due to variations in legislation, the types of industries present, and the standards used for medical evaluations. In states like California and New York, there are detailed schedules of ratings that provide clear guidelines for evaluating permanent disabilities. These states often have their own methodologies and criteria to assess impairments.

Conversely, other states may lean more towards the guidelines set forth by the American Medical Association (AMA), which can lead to different outcomes based on the interpretation of those standards. Understanding the nuances of permanent disability in workers’ compensation cases is crucial for both workers and employers, as it directly impacts the support systems available and the management of workplace injuries.

If You Are Hurt At Work, You Should Talk To Our Milwaukee Work Injury Attorney

If you are injured at work, it is likely that you will be out of work for just a few days or weeks. Even if you are out of work for months, though, your benefit payments should continue throughout your recovery from your workplace injury. In cases of severe injuries that result in permanent total disability, your benefits will last the rest of your life. That’s in a perfect world, of course, and your employer or their worker’s compensation insurer may want to challenge your benefits, the amount of those benefits, or the duration.

The Milwaukee worker’s compensation attorneys at Gillick, Wicht, Gillick & Graf are there to defend your rights to proper compensation for your workplace injury, regardless of where you live in Wisconsin. Contact the Milwaukee workplace injury lawyers at Gillick, Wicht, Gillick & Graf today at 414-257-2667. We will do all we can to ensure you get the compensation to which you are entitled when you are injured at work. We will evaluate your case for free without any obligation on your part. We work from our Milwaukee office, but Gillick attorneys represent injured employees throughout Wisconsin.