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Wisconsin Worker's Compensation Benefits

Important Notice: The following overview of Wisconsin's worker's compensation (workmans comp) benefits is presented on an as-is basis. This information is believed accurate as of the date of authorship, but is not intended to provide a complete analysis of available benefits and may not reflect subsequent changes in the law. For a full review of Wisconsin's worker's compensation law, or for a determination of how the law applies to a specific worker, please consult a worker's compensation attorney licensed to practice in the state of Wisconsin.

Contents

Introduction

Wisconsin's system of worker's compensation (workman's comp) is compulsory, meaning that employers are required to provide worker's compensation insurance for their employees. Worker's compensation insurance may be provided through a private insurance carrier, or employers may self-insure. Waivers are not permitted.

Special Employment Situations

Employers with fewer than three employees may be exempt from the state's worker's compensation act. Employers of farmworkers become subject to the state's worker's compensation act ten days after they have employed six or more employees, whether in one or more locations, for twenty or more days during the calendar year. Employers may provide voluntary worker's compensation coverage for domestic servants.

Medical Benefits & Choice of Physician

Full medical benefits are provided to employees entitled to worker's compensation benefits, with no time or monetary limits. Initial choice of physician is made by the employee.

Disability Benefits Provided

Payments are made for temporary total disability (TTD) in an amount determined by a percentage of the worker's wage, subject to a weekly maximum payment amount. Payments continue for the duration of the disability. Benefits are subject to an offset for Social Security benefits.

Payments are made for permanent total disability (PTD) based upon a percentage of the worker's wage, subject to weekly minimum and maximum payment amounts. Payments for PTD may continue for life.

Payments for permanent partial disability (PPD) are made based upon a percentage of the worker's wage, subject to weekly minimum and maximum payment amounts. Payments for PPD may continue for up to 1000 weeks.

Scheduled awards are paid in addition to total temporary disability benefits starting upon termination of the termination of the TTD benefits. Scheduled awards are not reduced because of receipt of TTD benefits.

Benefits may be available for disfigurement of areas of the body that are exposed in the normal course of employment.

Physical and vocational rehabilitation benefits are available.

With certain constraints, occupational hearing losses may be compensable.

Death Benefits Provided

Death benefits are payable to an employee's surviving spouse, or spouse and children, based upon a percentage of the employee's wages, subject to a cap. A minimum benefit is provided regardless of the employee's earnings. A burial allowance is available.

Limits on Attorney Fees

Attorney fees for claimants are limited by statute to 20% in disputed cases.