What Should You Know About Permanent Disability In Wisconsin?
If you were hurt on the job in Wisconsin, you are usually entitled to workers’ compensation benefits. If the injury is permanent, it is vital to understand the law so your interests are protected. Find out below about permanent disability in Wisconsin, then contact our Wisconsin workers’ comp lawyers for a consultation. We will review your case for free and take the claim as far as needed to maximize your benefits.
What Is A Permanent Total Disability?
It is important to note that a ‘permanent total disability’ is not a completely medical condition. Employees have a permanent total disability when their actual or presumed ability to engage in gainful activity is absent because of the injury. Also, there is no possibility of a fundamental or marked change in the condition in the future.
When Are You Entitled To Permanent Total Disability Benefits?
You may receive permanent total disability benefits in Wisconsin if your injury or illness prevents you from doing any kind of work. Specific severe injuries, such as the loss of both arms, legs, or eyes, are assumed to be permanent disabilities. Other serious injuries may qualify you for benefits, as well. You should speak to a workers’ comp attorney in Wisconsin if you have questions about your injury being considered permanent or temporary.
How Permanent Partial Disability Benefits Are Calculated In Wisconsin
It is an unfortunate fact that some work-related injuries have permanent consequences. If your disability is not total, you can still receive compensation. Permenant Partial Disability can be assessed if you have permanent functional impairment as a result of the work injury. If you have a permanent partial disability from your injury, you will be given a disability rating and receive financial compensation for your losses. To obtain permanent partial disability benefits, you must have gotten to maximum medical improvement (MMI). MMI means when your injury has stabilized, there will probably be no further improvement.
If you have a permanent partial disability, the workers’ comp disability schedule assigns a certain number of weeks of workers’ comp for various injuries. If your claim is accepted, workers’ comp will cover your medical costs and lost earnings.
The number of weeks you receive depends on the type of injury. For instance, if you have a severe knee injury and your doctor says you have a permanent partial disability of 20%, you would get 20% of the benefit for a full, permanent disability. In 2021, the full benefit was 425 weeks of payments at a maximum of $362. So, in this example, you would get 85 weeks of payments at $362 per week.
However, permanent partial disability payments are not provided in a lump sum, and they are not paid out weekly. Instead, you would receive $1,588 monthly until you have been paid the full scheduled amount. With the knee injury outlined here, the total benefit for a permanent partial disability would be $30,700. You would get $1,568 for 21 months and a smaller payment in the last month.
Permanent disability benefit calculations are complex, so you should speak to our Wisconsin workers’ comp lawyers for a detailed analysis of what you could receive. If the disability rating assigned is too low, you may not get the full benefits to which you are entitled.
Common Workers’ Compensation Myths In Wisconsin
Workers’ compensation law is complicated, and many myths proliferate online. That is why it is so vital to speak to a qualified workers’ compensation attorney in Wisconsin. They will explain your rights based on your injury and circumstances. Common myths to be aware of are:
Workers’ Comp Always Covers You If You Cannot Work Because Of An Injury
The reality is that workers’ comp in Wisconsin only covers your injury if it happened during employment and if you are an eligible employee under Wisconsin workers’ compensation laws. On the other hand, Social Security disability covers an injured worker regardless of how or where they were hurt.
You Have To Be Doing Your Job When Injured To Receive Benefits
The injury must indeed be during employment. But this does not mean you have to be doing your job when you are hurt. For example, if you were injured by falling down the steps in the office, you would still get benefits, even though you were not technically working then. You also can get workers’ compensation for slipping in the office bathroom or suffering injuries in almost any other type of situation on company property.
Your Company Can Order You To See The Company Doctor
Wisconsin law says an injured worker can choose their treating doctor when hurt at work. According to the Wisconsin Department of Workforce Development, the injured worker can choose their first and second doctor as long as they are licensed to practice and practice in the state. If your company tries to force you to see a specific doctor, talk to an attorney right away.
You Will Always Get Benefits If Hurt On The Job
In most cases, you should get workers’ compensation if you are hurt at work, but benefits are not automatic. To ensure you receive your benefits, you need to report the injury promptly and make sure your treating physician accepts workers’ compensation insurance. It also is advisable to work with a workers’ compensation lawyer throughout the process to ensure you maximize your compensation. Your attorney is only paid at the end of the case from your award. So, there are no out-of-pocket legal expenses.
You Cannot Receive Workers’ Compensation If You Can Still Work
You do not have to be entirely out of work to get workers’ compensation benefits. If you have a work-related injury, you should at least receive medical benefits to pay for treatment. If you can only work in a limited capacity, you could receive partial disability payments.
Speak To Our Wisconsin Workers’ Comp Lawyers Today
Do you have a permanent injury from a job-related accident? Being unable to work and provide for your family can be economically and personally devastating. You must speak to our Wisconsin workers’ comp lawyers at Gillick, Wicht, Gillick & Graf today by calling (414) 257-2667. Our attorneys understand your situation and will guide you through the workers’ compensation process in Wisconsin.