Wisconsin Workers' Compensation: Fast Facts
Coverage Requirements Under Wisconsin State Law
Most Wisconsin businesses with at least 3 employees must provide workers' compensation insurance, with some exceptions. State law requires this coverage for full-time and part-time employees starting on day one of employment. We list any workers automatically exempt from this insurance coverage requirement below.
Work-Related Injury or Illness Reporting Requirements
Report your job-related injury or illness to your employer immediately, preferably in writing, and seek medical care. Be sure to tell the doctor you see during your first visit that your injury or illness is work-related. Your employer must then report it to their worker's comp insurance carrier within 7 days after you give notice. If you qualify for lost-wage payments, the insurer will issue your first payment 14 days from your incident reporting date. Failure to notify your employer in writing within 30 days could put your Wisconsin workers' comp claim at risk.
Where to Seek Medical Care
You have the right to choose which doctor treats your work-related injury or illness. However, your employer's insurer may ask you to undergo an independent medical exam to confirm your condition. If your employer doesn't use a managed care network, you can see any doctor you prefer for your first visit. However, your employer may require you to see an in-network physician for ongoing care.
Waiting Period for Lost-Wage Benefits in Wisconsin
Your first 3 days off are always unpaid unless you cannot return to work for at least one week. Once your doctor keeps you off the job for more than a week, workers' compensation pays you for days 1-3. If you can go back to work in 4 days or less, workers' compensation will only cover your medical costs.
Wisconsin Workers' Compensation Statute of Limitations
You have two years from your injury accident or illness diagnosis date to apply for Wisconsin workers' compensation benefits.
Wisconsin Weekly Compensation Rate
You can receive 66 2/3% of your gross average weekly wage (AWW), subject to the state's maximum and minimum amounts.
How Long You Can Receive Wisconsin Workers' Comp Benefits
- Medical benefits:unlimited
- Death benefits:up to $10,000 for funeral and burial expenses, plus TTD payments equal to 4x the deceased worker's annual wage paid in monthly installments until the surviving spouse remarries or dies, or a maximum of 15 years
- Temporary Total Disability (TTD):up to $10,000 for funeral and burial expenses, plus TTD payments equal to 4x the deceased worker's annual wage paid in monthly installments until the surviving spouse remarries or dies, or a maximum of 15 years
- Permanent Partial Disability (PPD):calculated based on your percentage of disability upon reaching maximum medical improvement to ensure your post-injury AWW reach 2/3 the amount you earned before your accident
- Temporary Partial Disability (TPD):percentage of wage loss in post-injury earnings paid biweekly until the injured worker reaches maximum medical improvement
- Permanent Total Disability (PTD):TTD payments for life, but only for catastrophic injuries that prevent any kind of gainful employment
Wisconsin Workers' Comp Coverage Exemptions
The following employees are automatically exempt from Wisconsin workers' compensation coverage requirements:
- Domestic workers
- Federal employees , including maritime workers
- Independent contractors
- Most volunteers
- Religious sect memebrs that waive their right to coverage
- Sole proprietors, LLC memebrs, and officers
- Some farm laborers and real estate workers
Wisconsin Workers' Compensation Attorney Fees
All Wisconsin workman's comp lawyers work on contingency. This means you only pay legal fees if you win. If you don't win, then you pay your attorney $0. State law says your attorney cannot charge more than 20% in legal fees.
