After getting injured at work, you might be wondering how you will cope. Fortunately, workers’ compensation benefits can help you support yourself during your recovery. On average, there were 2.8 workplace accidents for every 100 full-time employees. Additionally, there were 4,764 workplace fatalities for every 100,000 full-time workers. A workplace injury is a common occurrence. Fortunately, you can work with a workers’ compensation lawyer to make sure you receive lost wages, medical bills, and other benefits instead of being denied.
Even Milwaukee workers that experienced a permanent disability have been denied by their employer’s insurance company. To avoid the laborious appeal process, let Milwaukee compensation lawyers help you receive full and fair compensation. To get representation and advice, speak to a proven law firm that thoroughly understands workers’ compensation law. Reach out to Agruss Law Firm for a free consultation today.
Can you be fired while on workers’ comp in Wisconsin?
Wisconsin workers’ compensation law prevents workers from being fired while on workers’ comp. It is illegal to fire Wisconsin workers, especially when an employer retaliates against the employee because they were injured on the job. This means that your employer must have a reasonable cause not to rehire you after you took time off from your job in Wisconsin, Milwaukee.
Your employer doesn’t have to hold this position open indefinitely and can eliminate the role. They may also fill the position for business purposes, or you may no longer be able to perform the role due to a permanent disability. Otherwise, as long as your doctor states that you can return to work after full recovery from your injury, you should expect to be rehired by your employer. If you can no longer fulfill that role, the employer may have to find similar work or another role that you can perform.
If your employer doesn’t follow workers’ compensation law and attempts to replace you unfairly, your worker’s compensation attorney can protect your rights. Because they understand workers’ compensation law, your workers’ compensation lawyer can represent you to ensure that you can be placed back in your original role or a similar one. If you cannot fulfill your previous position, you have rights as an injured worker to be hired in a suitable role through job placement services.
How much does Workers’ Compensation pay in Wisconsin?
In Milwaukee, WI, compensation benefits are calculated according to how badly injured Wisconsin workers get. Workplace injuries include any injury that happens while you are working, whether you are at the workplace location or delivering products for work. There are several types of disability benefits in Milwaukee, Wisconsin:
Temporary Partial Disability
When you can return to work but cannot perform normal work tasks at full capacity, you are eligible to receive temporary partial disability benefits. These benefits include two-thirds of the difference between pre-injury and post-injury income. This amount supplements your income while you cannot receive your full-time wages because of your partial disability.
Temporary Total Disability
According to workers’ compensation law, you will become eligible for benefits if your workplace injury lasts more than seven days. Temporary total benefits help you recover from a workplace injury or occupational illness while you are unable to perform tasks related to your line of work. If you are unable to perform your previous work tasks, you can be accommodated.
According to Wisconsin workers’ compensation law, you will receive two-thirds of the average weekly wage you received before your injury. This is up to the annual maximum that caps how much you can receive on a weekly basis. Before your benefits end, you must have reached the maximum medical improvement (MMI) standards set by your doctor. This is the maximum level of recovery that you will reach with medical treatment. Your healthcare provider will evaluate your MMI before deciding if you can return to work. After this point, your benefits will come to an end.
Permanent Partial Disability
After your doctor has decided you have reached MMI, they will let you know if you have permanent limitations because of your workplace injury. When you experience a permanent disability, you will receive a permanent impairment rating that shows the percentage of function you lost in a body part.
The maximum level of workers’ comp benefits is two-thirds of your average weekly earnings. However, if you are permanently injured and can’t perform work tasks for a full-time income, then you can receive a percentage of your pre-injury wages. For example, if you can’t make 70% of your pre-injury wages then this amount can be compensated for. The length of time that you receive permanent partial disability is based upon the permanent impairment rating or the Wisconsin schedule for that body part.
Scheduled Permanent Partial Disability
When you completely lose a body part on the Wisconsin PPD schedule, you can receive workers’ comp benefits for the number of weeks listed on the schedule for that particular injury. The schedule typically includes body parts such as hands, feet, arms, legs, toes, fingers, eyes, and ears. The weeks you can receive workers’ compensation benefits are multiplied by the number of impairments or level of severity. For example, if you lost 50% of a hand’s function, you can receive half of the maximum benefits. If you lost function in your dominant hand, the time period for benefits increases by 25%.
Unscheduled Permanent Partial Disability
When you have an injury to a body part that isn’t listed on the Wisconsin schedule, then your benefits will be a percentage of 1000 weeks. This percentage will be based on your permanent impairment rating. Injuries that fit the unscheduled category typically include the lungs or back. For example, if you had a back injury that resulted in a 20% impairment rating, then you would receive workers’ compensation for 200 weeks.
Sometimes a work injury causes permanent disfigurement. If your injury resulted in a visible disfigurement, this can be damaging to your self-esteem. The disfigurement can also cause a loss of earning capacity. Wisconsin’s Compensation Division can compensate you for a permanent disability that caused irreparable scarring. They also consider your education, training, age, occupation, and experience in your role.
Permanent Total Disability
You may have an injury that is presumed to be permanently disabling to the point that you are unable to perform any type of work. When this is the case, you can qualify for additional benefits. Permanent total disability benefits allow you to continue receiving compensation in Milwaukee, Wisconsin for the rest of your life. This will occur at the same rate as your temporary total disability benefits.
Additional Benefits In Wisconsin
Your temporary and permanent disability benefits don’t stop at wage loss. You can also receive benefits for the following:
Extensive Medical Treatment
When you are badly injured, you will have to receive many types of medical treatments due to your workplace injury. For example, broken bones may require surgery, casts, crutches, ongoing clinic visits, x-rays, lab tests, physical therapy, pain medication, and more. Over time, these costs become expensive. Fortunately, your Milwaukee workers’ compensation will cover all of these necessary medical expenses. Wisconsin workers must first go to a healthcare provider that their employer chooses. After your initial treatment, you can choose a licensed doctor to continue your treatments.
After you are injured, you may be unable to return to your previous line of work. If this happens, you will be eligible to receive vocational rehabilitation. In addition to job placement, you can also receive career planning and 80 weeks of retraining. You will continue to receive workers’ compensation while you are going through vocational rehabilitation.
You will also be reimbursed for any reasonable travel costs so that you don’t have to pay for your commute to and from medical treatment.
Wisconsin workers who experience a fatal accident could leave behind spouses and dependents. The surviving family members of the deceased worker are eligible to receive death benefits. Spouses can receive a death benefit of the maximum monthly amount up to an aggregated limit. For surviving children or dependents under the age of 18, they can also receive death benefits until they are no longer dependents. Other surviving relatives can continue to receive death benefits based on their financial dependence on the victim.
The cost of the funeral and burial can be covered up to a maximum amount of $10,000. This prevents the surviving family members from being financially burdened by the death of their loved one.
Statute of Limitations on Workers’ Compensation Claims in Wisconsin
In Milwaukee, injured workers can file a workers’ compensation claim within a 12-year -period. This means that after they’ve been injured, they can file a claim 12 years from the date of the injury or the date of the last workers’ compensation payment. You must file the first report of injury within 14 days after the accident.
Work With Milwaukee Workers’ Compensation Attorneys
Our law firm has the experience of knowledgeable workers’ compensation attorneys who can guide you through this difficult time. We offer free consultations to employees who experienced a recent work injury. When employees suffer from debilitating work-related injuries that alter their ability to be financially stable, they are protected by the Milwaukee workers’ compensation law.
The Milwaukee workers’ compensation lawyers at our highly experienced law firm can provide legal assistance and guidance. We prevent you from making serious mistakes that can result in your employer’s insurance company denying your claim. Find out how our legal services can benefit you so that you can receive medical benefits, lost income, job retraining, and many other perks you are owed. Get a free consultation by speaking to our legal team of experienced lawyers today. Call a reliable workers’ compensation lawyer at the Agruss Law Firm for a free consultation today.