Wisconsin Workers’ Compensation Laws

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 16, 2021

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Wisconsin workers’ compensation laws cover the policies and procedures that regulate who can claim workers’ compensation benefits and what the parameters of those benefits will be.

Claims under Wisconsin Workers’ Compensation Laws

Physical injuries caused by accidents at the workplace make a worker eligible for workers’ compensation benefits in Wisconsin. There are some instances, however, when work-site injuries may not be covered by workers’ compensation insurance, such as when an employee is under the influence of drugs or alcohol at the time of his injury, or when the employee’s injury is self-inflicted.

Occupational illnesses or those diseases that are caused by continual exposure to hazardous conditions at the work-site fall under the umbrella of workers’ compensation insurance in Wisconsin. Such diseases may include radiation poisoning and black lung disease, among others.

In the unfortunate event that a worker dies because of his occupational injury or illness, his surviving, dependent relatives may receive death benefits.

Wisconsin Workers’ Compensation Benefits

An employee who is injured, or becomes sick at or because of his place of employment, is entitled to have his condition treated and paid for by his employer’s workers’ compensation insurance carrier. Any hospital or doctor bills incurred by the worker for the treatment of his condition will be paid directly to the medical provider by his employer’s insurer. In addition, if an employee must travel some distance to get medical care for his injury or illness, the worker’s time spent traveling and mileage costs may be reimbursed.

Income replacement benefits are also available in Wisconsin. The following types of income benefits are possibilities depending on the type and duration of your injury or disease:

1) Temporary Total Disability Benefits (TTD): The worker’s injury prevents him from doing any kind of work or earning income. While he recovers, the worker will be paid 2/3 of his average weekly wage, subject to a maximum amount.

2) Temporary Partial Disability Benefits (TPD): While he recovers from his injury, the worker can do some work at reduced wages or for reduced hours, but cannot perform his old job duties. The amount of benefits is dependent on the worker’s percentage of wage loss.

3) Permanent Total Disability Benefits (PTD): It is impossible for the employee to work because of his injury or illness. Under PTD, he will get 2/3 of his average weekly wage on a weekly basis.

4) Permanent Partial Disability Benefits (PPD): If the employee has improved to his medical maximum, but will always be impaired by his injury and can only work in a reduced capacity, PPD will compensate him in an amount dependent on his injury or illness.

Funeral and death benefits may also be available in Wisconsin if an employee dies because of his work-connected illness or injury. Dependents of the deceased worker may receive death benefits to compensate for the worker’s loss of earning capacity, and funeral benefits of up to $10,000.

Wisconsin Workers’ Compensation Statutes

See the Wisconsin Workers’ Compensation Act for the text of the following relevant statutes.

Employers Subject To Workers’ Compensation: Workers’ Compensation Act, Chp. 102 §§ 3-4; Covered Employees: Workers’ Compensation Act, Chp. 102 § 7; Claims Procedure: Workers’ Compensation Act, Chp. 102 §§ 12, 15.

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