Wisconsin Permanent Partial Disability Settlement Amounts

In Wisconsin, worker’s compensation is a crucial system designed to support workers who suffer injuries or illnesses related to their job duties. This system ensures that injured employees receive financial compensation and medical care, regardless of fault, thereby alleviating the economic burden caused by workplace injuries. Wisconsin’s approach to worker’s compensation is outlined comprehensively in the state statutes, providing clear guidelines on how injuries are to be assessed and compensated.

Wisconsin Worker’s Compensation Law

The legal framework for worker’s compensation in Wisconsin is detailed primarily in Chapter 102 of the Wisconsin State Statutes. This chapter lays out the definitions, coverage details, benefit types, and procedures for claiming worker’s compensation. Specifically, Permanent Partial Disability (PPD) is addressed under section 102.52 of the statutes, which outlines the compensation schedule for various injuries corresponding to different body parts.

Definition and Calculation of Permanent Partial Disability (PPD)

Permanent Partial Disability (PPD) occurs when an employee sustains a permanent injury that causes a partial functional impairment. Permanent Partial Disability is assessed by a medical doctor based on guidelines in the statutes. Wisconsin’s statutes provide a schedule that lists specific body parts and the number of weeks of compensation allotted for their loss or impairment. The compensation amount is calculated based on the employee’s weekly wage up to a maximum limit set by the state, ensuring that the compensation reflects both the severity of the disability and the economic impact on the injured worker.

Examples of PPD Settlement Amounts

To illustrate how PPD settlements are calculated in Wisconsin, consider the following examples based on the state’s compensation schedule and the maximum PPD rate of $362.00 as of January 2020:

1. Right Knee Injury

Injury and Rate: 10% PPD to the right knee.
Calculation: According to the schedule, the right knee is eligible for up to 425 weeks of compensation for full impairment.
Settlement: 10% of 425 weeks equals 42.5 weeks. Therefore, the settlement amount is 42.5 weeks x $362.00 = $15,385.00.

2. Left Little Finger Injury

Injury and Rate: 25% loss of use to the distal joint of the left little finger.
Calculation: The schedule assigns 6 weeks for total loss of the distal joint of the little finger.
Settlement: 25% of 6 weeks equals 1.5 weeks. Thus, the settlement amount is 1.5 weeks x $362.00 = $543.00.

3. Left Wrist Injury

Injury and Rate: 2% loss of use to the left wrist.
Calculation: The schedule provides 400 weeks for total impairment of the wrist.
Settlement: 2% of 400 weeks equals 8 weeks. Therefore, the settlement amount is 8 weeks x $362.00 = $2,896.00.

4. Body as a Whole Injury

Injury and Rate: 5% to the body as a whole.
Calculation: For nonscheduled injuries like those to the body as a whole, the statute provides 1000 weeks.
Settlement: 5% of 1000 weeks equals 50 weeks. Thus, the settlement amount is 50 weeks x $362.00 = $18,100.00.

These examples demonstrate how the specific nature of the injury and the statutory schedule work together to determine the compensation amount. It is important to note that the maximum weekly PPD rates may vary based on the date of the injury, and the actual rate used is the lesser of the maximum rate or the employee’s Temporary Total Disability (TTD) rate at the time of injury.

Importance of Understanding PPD Settlements

For legal practitioners, employees, and employers alike, understanding the specifics of PPD settlements in Wisconsin is very important. Accurate knowledge of how these benefits are calculated allows for better planning and preparation following a workplace injury. It ensures that all parties are adequately informed and can make decisions based on a clear understanding of potential outcomes.

Moreover, for employees suffering from work-related injuries, knowledge of these details is essential for ensuring they receive fair compensation that reflects the extent of their injuries. Employers and insurers also benefit from this knowledge, as it aids in the accurate processing of claims and helps manage the financial aspects of worker’s compensation liabilities.

Wisconsin’s detailed approach to worker’s compensation, particularly the calculation of Permanent Partial Disability settlements, highlights the state’s commitment to supporting injured workers. By adhering to the guidelines set forth in the statutes, all parties involved can navigate the complexities of worker’s compensation claims more effectively, ensuring that injured employees receive the support they need to recover and return to work.

Wisconsin Permanent Partial Disability Settlement Amounts FAQS

What is Permanent Partial Disability (PPD) in Wisconsin?

Permanent Partial Disability (PPD) refers to a condition where a worker sustains a permanent injury that partially impairs their ability to function. PPD is compensated according to a schedule that lists specific body parts and associated compensation weeks, as determined by Wisconsin law.

How are PPD settlement amounts calculated in Wisconsin?

PPD settlement amounts in Wisconsin are calculated based on a specific schedule found in Section 102.52 of the Wisconsin State Statutes. This schedule assigns a number of weeks of compensation for the loss or impairment of various body parts. The actual compensation amount is then calculated by multiplying the appropriate weekly compensation rate by the number of weeks designated for that particular injury. The weekly rate can vary but is subject to a maximum limit set annually by the state.

Can you provide an example of how a PPD settlement is calculated for a knee injury?

For a 2020 knee injury with a PPD rating of 10%:

According to the Wisconsin compensation schedule, a total knee impairment is worth 425 weeks.
For a 10% impairment, the calculation would be 10% of 425 weeks = 42.5 weeks.
If the maximum weekly PPD rate is $362.00, then the settlement amount would be 42.5 weeks x $362.00 = $15,385.00.

What happens if an injury is not listed on the Wisconsin PPD schedule?

For injuries not specifically listed in the PPD schedule (often referred to as “nonscheduled” or “unscheduled” injuries), compensation is calculated based on the impairment to the body as a whole. The statute provides 1000 weeks for such injuries, with the specific amount of compensation based on the percentage of impairment as determined by medical evaluation.

Are there any caps on PPD benefits in Wisconsin?

Yes, PPD benefits in Wisconsin are subject to caps. These caps are based on the maximum weekly compensation rate, which is updated annually. The rate is influenced by the Statewide Average Weekly Wage (SAWW) and can vary depending on the date of the injury and the worker’s average weekly wage at the time of the injury.

Can an injured worker negotiate their PPD settlement?

While the statutory guidelines provide a framework for calculating PPD settlements, there may be room for negotiation, particularly concerning the percentage of disability as determined by medical evaluations. It is advisable for injured workers to consult with a workers’ compensation attorney to discuss their case specifics and explore the potential for negotiation, especially if there are complexities such as multiple injuries or disagreements about the extent of impairment.

These FAQs should provide a clearer understanding of how Permanent Partial Disability settlements are determined in Wisconsin, helping both employees and employers work through the complexities of workers’ compensation claims.

Call For Your Free Consultation With Our Milwaukee Worker’s Compensation Lawyers

Filing a Wisconsin worker’s compensation claim can be overwhelming, especially for those encountering denials or disputes over their claims. It’s crucial for such workers to seek the guidance of our experienced Milwaukee worker’s compensation lawyers. Our team has a deep understanding of the nuanced Wisconsin laws and regulations.

At Gillick, Wicht, Gillick & Graf, our dedicated team of worker’s comp attorneys is committed to advocating for injured workers, ensuring they receive the compensation they are entitled to.

To begin discussing your claim and how we can assist, contact Gillick, Wicht, Gillick & Graf at 414-257-2667 for a complimentary consultation. Allow us to assist you in securing your benefits and protecting your valuable rights throughout this challenging process.