Is There a Wisconsin Workers’ Compensation Settlement Chart?
After an accident on the job, injured workers face a number of difficult challenges. Physical recovery, as well as financial burdens, can all weigh on an injured employee, and questions about compensation are common. In Wisconsin, the calculation of workers’ compensation varies based on many different factors, but there are some compensation settlement charts that help make this determination based on the specific details of your case.
If you or someone that you know has been injured on the job in the Milwaukee area, the experienced and knowledgeable Milwaukee workers’ compensation lawyers at Gillick, Wicht, Gillick & Graf can help. Our legal team is here to ensure that you receive full and fair compensation for your case. To learn more about your legal options and for an estimate of the damages in your case, call or contact our office today to schedule a free consultation.
Determining Temporary Total Disability
After a worker is injured on the job, they are entitled to temporary total disability benefits during their recovery. These benefits continue for as long as an employee is unable to work during their recovery or can return in some limited capacity, but their employer has not offered them suitable work.
The amount of temporary total disability benefits is calculated as two-thirds of the worker’s average weekly wage prior to their injuries, limited to a certain maximum amount per week. The federal Social Security Administration keeps charts of the maximum that an employee can collect in these benefits based on the date of their accident. In Wisconsin, the maximum temporary total disability benefits that a worker can collect are as follows:
|Date of Injury (On or After)
|Weekly Temporary Total Disability Benefits
An employee is also entitled to temporary partial disability benefits if they return to work with some limitations because of their injuries that result in lower pay. The amount of these benefits is two-thirds the difference between the pre-and post-accident wages, subject to the same maximum level as temporary total disability benefits based on the date of the injuries.
Permanent Partial Disability Benefits
Once an injured worker reaches maximum medical improvement, a medical professional will evaluate whether there is any permanent limitation caused by the accident. If there is permanent disability to some extent, the employee will be given a permanent impairment rating, which is expressed as a percentage of lost bodily function.
The amount of compensation for permanent partial disability benefits is also calculated as two-thirds of a worker’s average weekly wage; however, the maximum amount of earnings from these benefits is much lower than temporary total or temporary partial disability payments. In 2020, the maximum amount that an employee could receive was $362 per week. These payments persist even if an employee returns to work.
The length of time that an injured worker receives permanent partial disability payments is calculated in one of two ways. The first is according to a schedule based on the loss of certain body parts.
If a permanent disability occurs to a body part listed on the schedule, the employee will receive benefits for the length of time listed if the loss is complete. For partial loss or disability, the length of time is multiplied by the percentage of loss. For example, if a worker lost fifty percent of the use of a body part with 150 weeks of benefits, the total length of payments would be reduced to 75 weeks. However, the amount of time that benefits are awarded can be lengthened if the loss was to the dominant hand or if multiple body parts listed on the schedule incurred some form of permanent loss. According to state statute, the length of time allowed for permanent partial disability listed in the schedule is as follows:
|Metacarpal & metacarpal bone
Arms & Legs
|Arm at the shoulder
|Arm at the elbow
|Palm where thumb remains
|All fingers on one hand at their proximal joints
|Leg at the hip joint
|Leg at the knee
|Foot at the ankle
|Metacarpal & metacarpal bone
|83 1/3 weeks
Eyes & Ears
|One Eye, by enucleation or evisceration
|One Eye for industrial use
|Total Deafness by accident or sudden trauma
|Total deafness, one ear from an accident or sudden trauma
If the body part affected is not one listed in the schedules, then the length of time for permanent partial disability payments is calculated as the percent impairment rating multiplied by 1,000 weeks. For example, if there was an impairment rating of 35%, then the total length of these payments would be (.35 x 1,000) = 350 weeks. To learn more, talk to our office today.
Call Our Wisconsin Workers’ Compensation Lawyers
Do you have more questions about how to use the schedules to determine the amount of compensation in your workers’ compensation case? Call the Wisconsin workers’ compensation lawyers at Gillick, Wicht, Gillick & Graf today to speak with one of our experienced attorneys and schedule a free consultation of your claims now.