What Are The Limits On Wisconsin Workers’ Compensation Settlements?

workers comp settlements

There are still far too many workplace accidents in Wisconsin. Every day, workers in the state suffer injuries on the job and are unsure how they will pay their bills during recovery. Wisconsin law has provisions for employees to obtain workers’ compensation for their medical bills and earnings, but there are limits on this coverage. Also, navigating the complex workers’ comp system without an attorney is challenging.

Learn about the limits on workers’ comp in Wisconsin below. If your workers’ compensation claim has been denied, speak to one of our Wisconsin workers’ compensation attorneys today at (414) 257-2667. At Gillick, Wicht, Gillick & Graf, we know how to obtain impressive results and give our clients peace of mind as they heal.

What To Know About Wisconsin Workers’ Compensation System

If you’ve been hurt at work in Wisconsin, you need to know the laws that protect you and the limits. Important aspects of the state’s workers’ comp laws are:

Workers’ Comp Wage Benefit Limits

While you recover from your injury, you may be entitled to temporary total disability benefits. However, the wage benefits only kick in for the first three days you miss work if you are off the job for more than seven days. Temporary total disability benefits are authorized if you cannot do any work while you recover from your job-related injury or illness.

Temporary total disability benefits will be paid at 2/3 of your average weekly wage up to a specific limit. As of 2020, the limit on workers’ comp payments was $1,051 weekly (110% of Wisconsin’s average wage per week). These workers’ comp benefits will continue until you return to work or a doctor determines that you have reached maximum medical improvement or MMI.

Furthermore, you could also receive temporary partial benefits if you can work but cannot earn the same as before. Temporary partial disability benefits are 2/3 of the difference between your pre-injury and post-injury earnings, up to the same maximum mentioned earlier.

Most Companies Must Offer No-Fault Workers’ Comp

It is understandable if you think workers’ compensation claims are similar to personal injury claims but they have many differences. In a personal injury lawsuit, the injured party must prove by a preponderance of the evidence that the defendant caused their injuries.

In a Wisconsin workers’ comp claim, you do not need to prove fault to receive benefits. Regardless of who was at fault, you can file for benefits if you were hurt on the job. Also, be aware that most employers must provide workers’ compensation in the state, so you are covered if injured.

The Medical Condition Must Be Employment-Related

To qualify for Wisconsin workers’ compensation benefits, you must have a work-related injury. It must have occurred when you were at work and performing your job. However, this does not mean the incident or illness must arise in the company’s location. An off-site injury or illness is also covered, assuming that the incident occurred in the scope of employment.

Suppose you are a delivery driver working in Milwaukee one morning. Suddenly, you are rear-ended and suffer a severe back and neck injury. Assuming the accident occurred while in the course of your employment, you should receive benefits during your recovery. However, if the accident happened while you were on personal errands, it would probably not be covered.

You Must Give Sufficient Notice

Under state law, an injured employee must give their company sufficient notice of being injured at work. Generally, you should give notice within 30 days of the incident; this gives you enough time to report the injury if you do not notice any pain or symptoms initially. However, it is best to report the incident and injury as soon as possible.

If you have an occupational disease, you should notify your employer as soon as you realize that the injury is related to your job. If you do not provide timely notice of your illness or injury, it may affect your eligibility for benefits.

You Can Appeal A Benefit Denial

If you are denied workers’ comp benefits, should you give up? No. The law provides the right to file an appeal. If your initial claim was denied, our Wisconsin workers’ compensation attorneys can aid with your appeal. Working with an attorney at Gillick, Wicht, Gillick & Graf gives you the best chance of getting the benefits you deserve.

Disability Benefits And Permanent Disability

After your doctor says you have reached an end of healing, they will determine if you have a permanent disability. If there is a permanent issue, you will be entitled to permanent partial disability compensation. This will be expressed with a permanent impairment rating indicating the amount of body function you have lost.

Also, the amount of the permanent partial disability payments received is established by the year you were hurt. Your permanent impairment rating or a schedule for the affected body part will dictate what rate you are paid at and how long you are entitled to payments.

If you cannot perform any work permanently because of your injuries, you could receive permanent total disability benefits. For instance, if you lost both arms or eyes in an explosion at work, these injuries could be a permanent total disability. Permanent total disability payments are 2/3 of your average weekly earnings. They will continue for as long as you have a permanent disability, which could be for life.

Most Wisconsin workers are entitled to workers’ compensation for a job-related injury or illness. But this fact does not mean that getting workers’ compensation is easy or guaranteed. It is common for injured workers to be initially denied benefits, so you should speak to an experienced workers’ comp attorney in Wisconsin to increase the chances of success.

Contact Our Wisconsin Workers’ Compensation Attorneys Today

At Gillick, Wicht, Gillick & Graf, our Wisconsin workers’ compensation attorneys have a history of securing impressive client results. Our workers’ comp attorneys offer personalized service and will help you through all aspects of your claim. Call our workers’ compensation attorneys at (414) 257-2667 for a free legal consultation if you have questions or want to take legal action regarding your claim. Our attorneys only get paid if you win money and are not compensated until after you receive your workers’ comp benefits.

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