It’s a common question for individuals who feel they may have a workers’ compensation case in Wisconsin – or those who are waiting on a decision on an active case. How much is my workers’ compensation case worth?
Like many situations where multiple individual factors come into play, there isn’t always a cut and dried answer, as each case is different. And the payouts that are dictated per state change from year to year. Currently, the maximum weekly workers’ compensation benefit is $994 in 2018. While an increase is certainly possible in 2019, there have been recent years when the amount has held steady.
Workers’ Compensation – Maximum Wage and Rate Chart
In Wisconsin, there are multiple types of benefits available through workers’ compensation. The scenario that you are in will certainly affect the payout that you can expect to receive. Benefits available include:
- Permanent Disability
- Temporary Disability
- Death Benefits
- Reasonable and Medical Treatment
- Vocational Rehabilitation
- Mileage to and from doctor appointments
To determine how much your workers’ compensation case is worth in Wisconsin in 2018 and 2019, let’s take a look at the benefit scenarios that are available.
If you are determined to have permanent total disability, you are entitled to full permanent disability benefits. This situation occurs if your injury or illness prevents you entirely from performing work. There is also permanent partial disability, which exists in two segments – scheduled loss and unscheduled loss. Scheduled loss include amputation of or lost function of listed body parts such as hand, arm, leg, foot, eye and loss of hearing. Weeks of compensation are awarded for each limitation as follows:
- Hand: 400 weeks
- Arm at the Shoulder: 500 weeks
- Leg at the Hip Joint: 500 weeks
- Foot and the Ankle: 250 weeks
- Removal of an Eye: 275 weeks
- Loss of Vision in an Eye: 250 weeks
Total Loss of Hearing: 330 weeksAn unscheduled loss includes body parts not listed on Wisconsin’s schedule (Lungs are an example). Your doctor will assign a level of impairment and you will receive that given percentage of 1,000 weeks of benefits.
The idea of temporary disability is that you are paid while you are recovering from your injury, with the intention of returning to the job. Like permanent disability, there is total and partial disability when it comes to temporary disability as well.
The inability to perform any kind of work qualifies as temporary total disability. This equates to ⅔ of your average weekly wage, up to the maximum of $994. If you are able to work, but not as much as you typically would, you can get paid a partial benefit.
A huge factor involved in receiving the proper workers’ compensation benefits is getting an attorney involved early. An experienced attorney can assist you with the choice of doctor, how to deal with your employer, the confusing paperwork, and much more. At Tabak Law, the success rate on workers’ compensation cases is high. Call us today at 844-43-0114 for a completely free consultation.