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Workers' Compensation Summary - Wisconsin

Wisconsin Department of Workforce Development (DWD) logo The Department of Workforce Development (DWD), Workers' Compensation Division is responsible for administering Workers' Compensation in Wisconsin. The following brief summary is intended to provide a general overview of Workers' Compensation coverage and benefits in Wisconsin. See the separate topic for help with acronyms. For further information contact your local or state Workers' Compensation Program office. This information is based on data originally provided by the U.S. Department of Labor and updated by the Workers' Compensation Division, and is believed current as of January 2011.

In Wisconsin, compensation benefits are usually adjusted annually, and changes become effective January 1 of each year. The rates shown below are in effect from January 1, 2011 to December 31, 2011, unless otherwise noted.

Type of Law and Insurance Requirements

In Wisconsin, workers' compensation is compulsory, and no waivers are permitted. There is no state fund. Employers may insure through private carriers or self-insurance, but not through groups of employers. There is an exemption for employers with fewer than 3 employees. Employers, other than farmers, who usually have less than three employees but who have paid wages of $500 or more in any calendar quarter for work performed within the State are covered the first day of the next calendar year.

Coverage of Agricultural Workers

Covers farm workers working for an employer who becomes subject to the Act 10 days after he or she has employed 6 or more employees, whether in one or more locations for 20 or more days during the calendar year.

Coverage of Domestic Employees

Employers are permitted to provide voluntary coverage.

Medical Benefits

Full medical benefits are provided with no time or monetary limitations.

Benefits for Temporary Total Disability (TTD)

The percentage of worker's wage paid is 66 2/3. For weekly payments, the minimum is $30 or actual wage if less, and the maximum is $820, 100% of SAWW. The maximum period of payments is the duration of disability. WC benefits are subject to Social Security benefit offsets.

Benefits for Permanent Total Disability (PTD)

The percentage of worker's wage paid is 66 2/3. For weekly payments, the minimum is $30 or actual wage if less, and the maximum is $820, 100% of SAWW. The maximum period of payments is life. WC benefits are subject to Social Security benefit offsets.

Benefits for Permanent Partial Disability (PPD)

The percentage of worker's wage paid is 66 2/3. For weekly payments, the minimum is $30 or actual wage if less, and the maximum is $302. For non-scheduled injuries, the maximum period of payments is 1000 weeks, and the maximum total payable amount is $302,000. WC benefits are subject to Social Security benefit offsets.

Disfigurement Benefits

Wisconsin statutes cover disfigurement of "Areas of the body that are exposed in the normal course of employment". Benefits, at the discretion of the Department of Workforce Development, are a sum not to exceed the employee's average annual earnings.

Offset Provisions in State Laws

Section 102.44(5)--Reduces disability benefits under this section when the employee also receives Social Security disability benefits. Combined workers' compensation and Social Security disability benefits are limited to 80 percent of the employee's average current earnings. However, such benefits may not be reduced to an amount less than the benefits payable under this chapter.

Contact Information

Department of Workforce Development
Workers' Compensation Division
Room C100
201 E. Washington Avenue
Madison, WI 53703

Mailing Address:
P.O. Box 7901
Madison, WI 53707-7946

Phone: (608) 266-1340
Fax: (608) 267-0394

Internet: http://www.dwd.state.wi.us/wc/

Additional Information

The Wisconsin Worker's Compensation Act is available in PDF format (requires Adobe Acrobat Reader) online at:
http://www.dwd.state.wi.us/dwd/publications/wc/WKC-1-P.pdf

Scroll down to "Workforce Development" for the DWD rules in the composite table of contents of the Wisconsin Administrative Code, available online at:
http://www.legis.state.wi.us/rsb/code/codtoc.html

Historical compensation benefit levels are available in PDF format (requires Adobe Acrobat Reader) online at:
http://www.dwd.state.wi.us/dwd/publications/wc/WKC-9572-P.pdf

Other State's Summaries

Curious about the Workers' Compensation program in another state? Want to see a summary like this one? Click here to select another state's summary.

Source

Information for this topic was drawn from the DWD website at:
http://www.dwd.state.wi.us/wc/

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