You may be wondering whether your employer will cover your treatment, how much you will be paid while you are off work and what happens if you cannot go back to the same job.
Wisconsin workers’ compensation is a benefits system, not a lawsuit against your employer: it pays for medical care and part of your lost wages after a work injury. Our Milwaukee personal injury office helps injured workers with workers’ compensation claims on a contingency fee, so you pay no attorney fee unless we recover benefits or money for you.
How Workers’ Compensation Works in Wisconsin
Workers’ compensation is the exclusive remedy against your employer, any other employee of the same employer and the workers’ compensation insurance carrier (Wis. Stat. 102.03(2)). In plain terms, an exclusive remedy means the benefits claim is generally the only path for recovery against your employer for a work injury. Instead of a lawsuit, you claim benefits through the system.
The statute allows a few narrow exceptions, including a claim against a coworker for an assault intended to cause bodily harm, or against a coworker for negligent operation of a motor vehicle not owned or leased by the employer. Claims against people and companies other than your employer are a separate matter, covered below.
The Claim Process and Deadlines
Tell your employer within 30 days
No claim may be maintained unless your employer received actual notice within 30 days after the injury, or within 30 days after you knew or should have known the nature of your disability and its relation to your work (Wis. Stat. 102.12). Late notice does not bar recovery if the employer was not misled by it. Still, report the injury in writing as soon as you can and keep a copy.
The 2-year outer limit
If no compensation other than medical or burial costs has been paid and no application is filed with the department within 2 years after the injury (or after you knew or should have known the nature of the disability and its relation to your work), the right to compensation is barred, unless the employer knew or should have known of the injury within that 2-year period (Wis. Stat. 102.12). The department that handles these claims is the Wisconsin Department of Workforce Development.
Serious injuries with no time limit
Some serious injuries have no time limit for a claim, including the loss or total impairment of a hand, arm, foot or leg, any loss of vision, any permanent brain injury, and traumatic injuries that require an artificial spinal disc, a knee or hip replacement, or a shoulder or reverse shoulder replacement (Wis. Stat. 102.17(4)(b)). Shoulder replacements and reverse shoulder replacements were added to that list by 2025 Wisconsin Act 145, effective April 1, 2026. For other injuries, file promptly rather than relying on a time limit.
Get a copy of any statement you sign
If you give a signed statement, the employer or insurer must provide you a copy within a reasonable time (Wis. Stat. 102.123). Ask for it, and keep it with the rest of your records.
Workers’ Compensation Benefits in Wisconsin
Medical care
Your employer must supply medical, surgical, chiropractic, psychological, dental and hospital treatment, medicines, supplies and devices reasonably required to cure and relieve the effects of the injury (Wis. Stat. 102.42(1)).
Temporary total disability
Temporary total disability (TTD) is wage replacement while you are completely unable to work during recovery. If the injury causes total disability, TTD pays two-thirds of your average weekly earnings (Wis. Stat. 102.43(1)). Payments are due starting the 4th calendar day after you leave work because of the injury, and if the disability continues after 7 calendar days, the first 3 days are paid too (Wis. Stat. 102.43).
Weekly temporary total disability, permanent total disability and death benefits are capped at a maximum rate of 110 percent of the state’s average weekly earnings (Wis. Stat. 102.11(1)). For injuries on or after January 1, 2026, the maximum is $1,375 per week for temporary total disability, permanent total disability and death benefits (DWD Insurance Letter 549). The maximum that applies to you is set by the date of your injury.
Permanent partial disability
Permanent partial disability (PPD) pays additional compensation for a lasting disability, which your practitioner determines after you have healed as much as possible. Many injuries follow a schedule in the statute, such as 500 weeks for the loss of an arm at the shoulder (Wis. Stat. 102.52). Injuries not on the schedule are measured against 1,000 weeks, in proportion to how the injury compares with one causing permanent total disability, and are paid at two-thirds of average weekly earnings (Wis. Stat. 102.44(3)).
The maximum weekly PPD rate is $446 for injuries on or after January 1, 2025, and before April 1, 2026; $454 for injuries on or after April 1, 2026, and before January 1, 2027; and $462 for injuries on or after January 1, 2027 (Wis. Stat. 102.11(1)).
Permanent total disability
If you are permanently and totally disabled, weekly benefits are paid for the rest of your life (Wis. Stat. 102.44(2)(a)1.).
Death benefits
For fatal injuries on or after January 1, 2026, the maximum death benefit is $412,500, and the maximum burial expense is $10,000 (DWD Insurance Letter 549).
Third-Party Claims: When Someone Else Caused Your Injury
Filing a workers’ compensation claim does not affect your right to bring a separate injury claim against another party, called a third party (Wis. Stat. 102.29(1)(a)). Examples include a negligent driver who hits you while you are driving for work, a property owner other than your employer, or the maker of a defective machine. We can handle that claim alongside your workers’ compensation claim (see our car accident and slip and fall pages).
In a product case, a manufacturer can be strictly liable when a defect made the product unreasonably dangerous and the defect caused your injury (Wis. Stat. 895.047(1)). Your employer or its insurer also has the right to bring a claim against the third party, and each side must give the other reasonable notice and a chance to join (Wis. Stat. 102.29(1)(a)).
From a third-party recovery, after the reasonable cost of collection, one-third of the remainder is paid to the injured employee; the employer or insurer is then reimbursed for compensation paid and owed, and any balance goes to the employee (Wis. Stat. 102.29(1)(b)). A third-party injury claim generally must be filed within 3 years (Wis. Stat. 893.54(1m)(a)). It is worth asking about a third-party claim early.
Workplace Injury Hazards
Thác nước
According to OSHA, falls are among the most common causes of serious work-related injuries and deaths.
Lifting and repetitive work
OSHA lists risk factors that may lead to musculoskeletal disorders, including heavy lifting and other excessive force, repeating the same tasks, and working in awkward postures.
Machinery and equipment
According to OSHA, moving machine parts can cause severe workplace injuries, such as crushed fingers or hands, amputations, burns or blindness.
Vehicle crashes on the job
Motor vehicle crashes are the leading cause of work-related deaths in the U.S., and every worker who drives is at risk, whether driving is a main or an incidental job duty, according to NIOSH.
What to Do After a Work Injury in Milwaukee
- Report the injury to your supervisor in writing as soon as possible
- Get medical care and tell every provider the injury happened at work
- Keep copies of the injury report, medical records and work restrictions
- Track the days and hours you miss
- Write down the names of coworkers who saw what happened
- Note any equipment, vehicle or property involved, and who owns it
- Ask for a copy of any statement you sign
- Avoid signing a settlement or release without advice
- Tell us if anyone other than your employer may have caused the injury
How 844-SEE-MIKE Helps After a Milwaukee Workplace Injury
When you call 844-SEE-MIKE, you talk with our team about what happened, and there is no cost to find out where you stand. If we take your case, we negotiate with the insurance company on your behalf and gather the records and evidence for your claim.
- Free consultation, available 24/7
- No fee unless we recover money for you
Các câu hỏi thường gặp
Do I need a lawyer for a workers’ compensation claim?
If you reported the injury, you do not have to file a claim yourself, because your employer reports it to its insurer. If you hire us, we handle the forms and deadlines, collect your hospital and medical records, talk to witnesses and help you challenge a denial.
What if my employer says the injury did not happen at work?
If your claim is disputed, you must have medical proof, which is the written opinion of a practitioner such as a physician or chiropractor, and you can ask the Worker’s Compensation Division for a hearing before an administrative law judge. We help collect the hospital and medical records and talk to witnesses who saw what happened.
What if I was hurt in a car crash while driving for work?
You may have two claims: workers’ compensation benefits through your employer’s insurer, and an injury claim against the at-fault driver. Coordinating the two matters, because your employer’s insurer may be reimbursed from the third-party recovery.
What does a workers’ compensation lawyer cost?
Your consultation with 844-SEE-MIKE is free, and you pay no attorney fee unless we recover benefits or money for you.
If you or someone you love was hurt in Milwaukee, contact 844-SEE-MIKE anytime for a free, no-pressure consultation. You pay nothing unless we recover money for you.
This information is general and is not legal advice. Every case is different, and past results do not guarantee a future outcome.
