If you’ve been injured on the job in Wisconsin, you may be entitled to workers’ compensation benefits. Workers’ compensation is a “no fault” system (meaning that you do not need to prove your employer is responsible for your injury), and nearly all employers are required to provide workers’ compensation coverage under Wisconsin law.

But if you’ve been injured on the job, simply knowing if you are entitled to benefits isn’t enough. You also need to know how much you are entitled to recover. This starts with understanding the types of workers’ compensation benefits that are available.

Types of Workers’ Compensation Benefits in Wisconsin

In Wisconsin, workers’ compensation benefits broadly fall into three main categories. These are: (i) medical benefits; (ii) disability benefits; and, (iii) vocational rehabilitation benefits.

1. Medical Benefits

Medical benefits cover the “reasonable and necessary” costs of treating an on-the-job injury. If you qualify for workers’ compensation, you are eligible to receive medical benefits from the day you get injured on the job.

Unlike many other states, Wisconsin allows injured workers to choose their doctors. As long as you choose a doctor who accepts workers’ compensation, you can see any doctor you prefer. With that said, workers’ compensation insurance companies will often dispute whether treatment qualifies as “reasonable and necessary,” and this is just one of several potential issues that can require experienced legal representation.

2. Disability Benefits

Disability benefits cover a portion of your lost wages when you are unable to work due to a job-related injury. Disability benefits can be either “partial” or “total,” and they can be either “temporary” or “permanent”:

• Temporary Partial Disability (TPD) – Temporary partial disability (TPD) benefits help cover the difference between your normal earnings and your reduced earnings if you are only able to work limited hours or in a limited capacity.
• Temporary Total Disability (TTD) – Temporary total disability (TTD) benefits help cover your loss of income if you need to take time off from work during your treatment and recovery.
• Permanent Partial Disability (PPD) – Permanent partial disability (PPD) benefits help cover the difference between your previous earnings and your new reduced earnings if you need to transition to working part-time or take a lower-paying job.
• Permanent Total Disability (PTD) – Permanent total disability (PTD) benefits help cover your loss of income if you are never able to return to work as a result of your on-the-job injury.

Unlike medical benefits, disability benefits do not begin right away. You are only eligible to receive disability benefits if you miss four or more days of work. If you miss less than a week of work, the first three days you missed are not compensable. However, if you miss more than a week of work, you are entitled to retroactive payment for the first three days.

Temporary disability benefits are calculated based on your weekly wage, while permanent disability benefits are calculated based on the nature and severity of your disability. Here too, the insurance companies will often try to avoid paying the full benefits injured workers are entitled to receive, and an experienced workers’ compensation lawyer will be able to help make sure you receive the full benefits you deserve.

3. Vocational Rehabilitation Benefits

Vocational rehabilitation benefits are additional benefits that are available to injured employees who need help getting back to work. These are not financial benefits, but instead are services that you can receive to help you find new employment if necessary. More information is available in the Wisconsin Department of Workforce Development’s (DWD) pamphlet, Getting Back to Work.

What If I Have Lost a Loved One?

If you have lost your spouse or another family member in a fatal workplace accident, you may be entitled to death benefits through Wisconsin’s workers’ compensation system. Death benefits cover eligible family members’ burial expenses and the loss of income resulting from their loved one’s untimely death. If you need to know more about filing a claim for death benefits, we strongly encourage you to speak with one of our experienced workers’ compensation lawyers right away.

Important: Filing a Workers’ Compensation Claim May Not Be Your Only Option

In addition to knowing what workers’ compensation benefits you are entitled to receive, it is important to know if you are entitled to receive any other benefits (or any other forms of financial compensation) as well. For example, depending on your individual circumstances, you could have a claim for one or more of the following:

• Unemployment Benefits – As the Wisconsin DWD explains in its Getting Back to Work pamphlet, “If your worker’s compensation benefits are suspended during your job search and/or retraining period, you may be eligible for unemployment benefits.”
• Social Security Benefits – Individuals who are unable to work due to job-related injuries may also be eligible for Social Security benefits. In many cases, eligible individuals can collect workers’ compensation benefits and Social Security benefits at the same time, though collecting  Social Security may limit the workers’ compensation benefits you are eligible to receive.
• Personal Injury (or Wrongful Death) Compensation – Injured workers will also have grounds to file a personal injury claim in some cases. While injured workers generally can’t sue their employers (though there are exceptions), they can sue other companies that are responsible for their injuries. In appropriate cases, grieving family members can file wrongful death claims as well.

Due to the complexity of protecting your legal rights after a job-related injury, it is important to have an experienced lawyer on your side. At Mays Law Office, we handle all job-related injury cases at no out-of-pocket cost to our clients.

Discuss Your Legal Rights with an Experienced Madison, WI Workers’ Compensation Lawyer for Free

Do you need to know more about protecting your legal rights after a job-related injury in Wisconsin? If so, we strongly encourage you to contact us right away. To speak with an experienced Madison workers’ compensation lawyer in confidence as soon as possible, call us at 608-305-4518 or request a free consultation online today.