How Worker’s Compensation Benefits Are Calculated
In Wisconsin, most employees are covered by the state’s no-fault worker’s compensation system. If you were hurt while on the job, you are entitled to benefits through a worker’s compensation claim. You are not required to prove your employer did anything wrong to cause your accident.
You may be wondering: How much can I expect to collect in worker’s comp in Wisconsin? The answer depends on the nature and severity of your injuries and your pre-accident wages. Below, our Milwaukee worker’s compensation attorneys provide a more comprehensive answer to the question of how worker’s comp benefits are calculated.
Starting Point: Coverage for All Reasonable and Necessary Medical Expenses
Under Wisconsin law, injured workers are entitled to coverage for all medical care deemed to be reasonable and necessary to allow them to recover from a workplace injury or an occupational disease. Beyond immediate treatment, medical expenses can also include physical therapy and other forms of rehabilitative care. To be clear, injured workers are entitled to medical coverage – even if they did not miss time on the job. If you were hurt while working, all reasonable and necessary medical expenses should be covered.
Temporary Disability Benefits in Wisconsin
If a work injury prevents you from returning to your job — either because you need time to recover from your injuries or because you have temporary physical restrictions and no suitable work is available — you are entitled to wage loss compensation. Often called temporary total disability (TTD), these benefits are calculated at two-thirds (2/3) of a worker’s average weekly wage. You are entitled to receive temporary disability benefits until you can return to work or reach the end of your healing.
Note: TTD benefits are subject to maximum limits. As of 2020, the maximum weekly wage for temporary disability benefits is $1,051 (WKC-9572-P, Maximum Wage and Rate Chart).
Permanent Disability Benefits in Wisconsin
Sadly, some work injuries have long-lasting, even permanent consequences. If you have permanent limitations because of your work injury, you will be assigned a disability rating and receive some form of financial compensation to account for your loss. To receive permanent disability benefits, a worker must have reached Maximum Medical Improvement (MMI). It is defined at the point at which a worker’s condition has stabilized and further improvement is unlikely — even with ongoing medical or rehabilitative care. As permanent disability calculations are extremely complicated, injured workers should consult with an experienced attorney before settling a claim. If your disability rating is too low, you may be denied access to the full benefits you deserve.
Average Wisconsin Worker’s Compensation Settlements
In Wisconsin, workers’ compensation settlements can vary significantly based on the nature and severity of the injury, the worker’s average weekly wage, and the duration of their disability. There isn’t a fixed amount for each case; however, the state provides structured guidelines and charts to help estimate fair compensation.
Typical Settlement Ranges
Minor injuries (e.g., sprains or strains) may settle for **$10,000–$30,000
Moderate injuries requiring surgery (e.g., ACL tears) often reach $40,000–$80,000
Severe or permanent disabilities can exceed $100,000, particularly if multiple body parts are affected or if the injury leads to long-term wage loss.
By Injury Type
Knee injuries requiring surgery: Approximately $80,000+
Concussions: Between $5,000–$31,000, depending on severity.
Amputations: Often exceed $150,000.
Carpal tunnel syndrome: Approximately $30,510 on average.
Disability Duration & Wage Impact
Wisconsin calculates settlements based on:
Temporary Total Disability (TTD)
Typically two-thirds of the worker’s average weekly wage, capped annually (e.g., about **$1,159/week** in 2022).
Permanent Partial Disability (PPD)
Paid weekly, often around **$362/week**, based on a percentage of bodily function loss and a schedule of body parts. For example, losing 50% function of a shoulder (based on a 500-week schedule) would result in **250 weeks** of PPD payments.
Settlement Charts
Wisconsin employs detailed charts to determine compensation for various body parts, including fingers, hands, arms, legs, toes, eyes, and ears. Each body part has a designated number of weeks for full loss, which is adjusted for partial impairment.
Lump-Sum vs. Structured Settlements
Most workers prefer lump-sum settlements for immediate financial relief. However, structured payments may be more beneficial for long-term needs, especially in cases involving permanent disabilities or ongoing medical care.
Legal Considerations
Settlements are voluntary; neither the employer nor the worker is obligated to accept an offer. Disputes can be resolved through hearings with Wisconsin’s Workers’ Compensation Division.
Get Help From Our Milwaukee, WI Worker’s Comp Attorney Today
At Gillick, Wicht, Gillick & Graf, we are proud to be the Injured Worker’s Law™ Firm. Our Wisconsin worker’s comp lawyers will help clients pursue the maximum available full financial benefits. To set up a no-cost, no-obligation initial consultation, please contact our law office at 414-257-2667 right away. We represent injured workers in Milwaukee, Waukesha, Fond Du Lac, Oshkosh, Sheboygan, and Manitowoc.
