Federal & State Regulations | Workers’ compensation - Wisconsin

State Info

Summary of differences between federal and state regulations

There is no federal workers’ compensation requirement for most private employers.

Insurance requirement: Self-insurance by private carrier or individual employer.

Exemptions from WC: Employers with fewer than 3 employees and have paid wages of $500 or more in any calendar quarter for work performed within the State are covered the 10^th day of the next calendar quarter. Agricultural employers with fewer than 6 employees.

Medical benefits provided: Full.

Physician selection: Employee selects physician.

Benefits for temporary total disability (TTD): 66 2/3 percent of worker’s wage for duration of disability. Benefits subject to Social Security benefit offsets.

Benefits for permanent total disability (PTD): 66 2/3 percent of worker’s wage for life. Benefits subject to Social Security benefit offsets.

Benefits for permanent partial disability (PPD): 66 2/3 percent of worker’s wage for up to 1,000 weeks. Benefits subject to Social Security benefit offsets.

Scheduled awards: Scheduled awards are paid in addition to and upon termination of TTD benefits. Awards are not reduced because of TTD benefits.

Disfigurement benefits: Disfigurement to areas of the body that are exposed in the normal course of employment are compensated at the discretion of the Wisconsin Department of Industry, Labor, and Human Relations, with a sum not to exceed the employees average annual earnings.

Death benefits for surviving spouse and children: 66 2/3 percent of employee’s wage for up to 300 weeks. Additional benefits are payable from the State Fund for dependent children under age 18 (10 percent of surviving spouse’s benefit is the allowance made for each child); and if child is over age and disabled, benefits may continue for 15 years.

Maximum burial allowance: $6,000.

Waiting period: 3 days. Compensation is retroactive if disability continues for more than 7 days from date of injury.

Rehabilitation: Both physical rehabilitation (PR) and vocational rehabilitation (VR) are covered. Employer is responsible for VR costs, including maintenance and travel. During VR employees receive a maximum of 80 weeks TTD benefits plus travel and maintenance extensions available.

Attorney fees: 20 percent in disputed cases, statute, determined by agency.

Occupational hearing loss statutes: Employee has no time limit to file for compensation. Compensation for one ear is $13,310; both ears is $79,860. There is a deduction for preexisting loss.

Forms - http://dwd.wisconsin.gov/dwd/forms_publications_search.htm