What Happens If My Workers’ Compensation Injury Results In A Permanent Disability In Wisconsin?
Suffering a workplace injury can be life-altering, especially when it results in a permanent disability. In Wisconsin, workers’ compensation provides benefits to injured employees who suffer lasting impairments that affect their ability to work. If a doctor determines that an injury has caused a permanent disability, it can impact the benefits an injured worker is entitled to receive. The Wisconsin Workers’ Compensation Act governs how these workplace injury claims are handled, including the classification of disabilities and the compensation available.
Understanding the difference between permanent partial disability (PPD) and permanent total disability (PTD) is very important, as each classification determines the level of benefits. Workers facing permanent impairments may be eligible for ongoing payments, vocational retraining, or, in some cases, a lump-sum settlement. Employers and insurance companies do not always agree with an injured worker’s disability rating, making it critical to understand the rights available under Wisconsin law.
Permanent Partial Disability (PPD) Benefits In Wisconsin
Many injured workers suffer permanent impairments but are still able to perform some work. These cases fall under permanent partial disability (PPD). Wisconsin law assigns a percentage of impairment based on medical evaluations and state guidelines outlined in Wis. Stat. § 102.52-102.55. The compensation rate for PPD is based on the date of the injury and the injured worker’s wage at the time of injury, subject to state maximums. The length of PPD benefits depends on the injury type and severity, often calculated according to Wisconsin’s schedule of injuries. Some injuries, such as those to the back, neck, spine or internal organs, are considered “unscheduled” and are based on 1000 weeks of compensation and open the door to a possible loss of earning capacity claim.
Permanent Total Disability (PTD) Benefits In Wisconsin
Some injuries prevent an employee from ever returning to gainful employment. When a workplace injury leads to a total and permanent disability, workers may qualify for permanent total disability (PTD) benefits under Wis. Stat. § 102.44(2). PTD benefits provide ongoing payments at two-thirds of the injured worker’s average weekly wage, potentially for life. Common injuries that result in PTD include the loss of both arms, total blindness, or a severe brain injury. The law also allows for workers to receive PTD if they suffer an injury that, when combined with a prior disability, results in total permanent incapacity.
Vocational Retraining And Loss Of Earning Capacity
Injured workers who are unable to return to their previous job but can perform other work may qualify for vocational retraining benefits. Wisconsin workers’ compensation law provides retraining programs under Wis. Stat. § 102.61, covering tuition, books, and living expenses while the worker attends school or training. If retraining is not an option, an injured worker may qualify for additional benefits based on loss of earning capacity, if the injury is unscheduled and has significantly reduced the worker’s ability to earn a living.
Lump-Sum Settlements And Disputes Over Disability Ratings
Some injured workers may choose to settle their claims for a lump-sum payment rather than receiving weekly benefits. While this option provides immediate compensation, it can also limit future claims. Wisconsin law requires settlement agreements to be approved to ensure they are fair to the injured worker. Employers and insurance companies often dispute the extent of permanent disabilities, requiring injured workers to present medical evidence and possibly undergo independent medical examinations (IME). If a dispute arises, the case may be heard before the Wisconsin Department of Workforce Development, where a judge will determine the level of benefits.
Wisconsin Workers’ Compensation FAQs
What Should I Do If The Insurance Company Disputes My Permanent Disability Rating?
If the insurance company challenges your disability rating, they may request an independent medical examination (IME). You are required to attend the IME. This doctor is hired by the insurance company and may downplay your injuries. You have the right to present medical evidence from your treating physician and request a hearing before the Wisconsin Department of Workforce Development if necessary.
How Are Permanent Partial Disability Payments Calculated?
Permanent partial disability payments are based on the type of injury you have and how many weeks of compensation the injury is worth. The number of weeks of benefits is determined by the impairment rating assigned by the doctor. The number of weeks of benefits is then multiplied by the weekly benefit rate which is determined by the date of the injury.
Can I Still Work If I Am Receiving Permanent Partial Disability Benefits?
Yes, many workers receiving PPD benefits continue working in a different capacity. The benefits compensate for a percentage of lost function, but they do not prohibit a person from earning an income. However, returning to work may impact eligibility for certain benefits.
What Happens If My Employer Refuses To Pay My Permanent Disability Benefits?
If your employer or their insurance company refuses to pay your benefits, you have the right to file a claim with the Wisconsin Department of Workforce Development. A hearing may be required, where a judge will review medical records and evidence to determine your entitlement to benefits.
Can I Settle My Permanent Disability Claim For A Lump Sum?
Yes, injured workers may negotiate a lump-sum settlement instead of receiving weekly payments if there is a dispute over the percentage of permanent partial disability. However, it is important to evaluate whether the settlement is fair. Any settlement must be approved by the Wisconsin Department of Workforce Development.
Will I Receive Workers’ Compensation Benefits For Life If I Am Permanently Disabled?
If you are classified as permanently and totally disabled, you may receive benefits for life. Wisconsin law provides ongoing payments for workers who are unable to work in any capacity due to their injuries. However, insurance companies may challenge these claims, so having legal representation is important. Permanent partial disabilities provide only limited benefits based on a formula.
Does Wisconsin Workers’ Compensation Cover Vocational Retraining?
Yes, Wisconsin law allows for vocational retraining benefits if an injured worker cannot return to their previous job. These benefits may include tuition, books, and a stipend for living expenses while attending training or school.
Can My Workers’ Compensation Benefits Be Reduced If I Have A Pre-Existing Condition?
A pre-existing condition does not automatically disqualify you from benefits. If a work injury aggravates a pre-existing condition, Wisconsin workers’ compensation law generally holds the employer responsible for the full extent of the injury. However, employers and insurers often dispute these claims.
Call Our Milwaukee Worker’s Compensation Lawyer For Your Free Consultation
If your work injury has resulted in a permanent disability, the legal team at Gillick, Wicht, Gillick & Graf can help you secure the benefits you deserve. Wisconsin workers’ compensation laws are complex, and insurance companies often dispute permanent disability claims. We have extensive experience representing injured workers and fighting for their rights. Let us review your case and discuss your legal options.
Contact our Milwaukee worker’s compensation lawyer at Gillick Wicht & Graf by calling 414-257-2667 to receive your free consultation. Our offices are located in Milwaukee, and we represent injured workers throughout Wisconsin.
