Workers’ Compensation Laws in Wisconsin
If you’ve been injured on the job in Wisconsin, the state’s workers’ compensation system may provide essential support while you recover. These laws exist to ensure that workers don’t bear the financial burden of workplace injuries alone. From medical coverage to wage replacement, understanding how workers’ compensation works in Wisconsin can help protect your health, income, and future.
Which Workers Are Covered in Wisconsin?
Wisconsin law requires most employers with three or more employees to carry workers’ compensation insurance. Even smaller employers must carry coverage if they pay $500 or more in gross wages in a calendar quarter. Agricultural employers have separate thresholds, and some exceptions apply for domestic servants and certain religious organizations.
Importantly, undocumented workers and minors are also entitled to benefits under the state’s system. Independent contractors may not be covered, but employers often misclassify workers. If you’re under the direction and control of an employer, you may still qualify.
Common Work-Related Injuries Covered
Wisconsin’s program covers injuries and illnesses that occur during the course of employment, including:
- Accidental injuries from falls, equipment, or machinery
- Repetitive stress injuries like carpal tunnel syndrome
- Occupational illnesses such as lung disease or hearing loss
- Mental health conditions (under strict requirements)
Even if your injury happens gradually, it may still be compensable. For example, back pain from years of lifting boxes may qualify.
Steps to File a Workers’ Compensation Claim in Wisconsin
- Report the Injury: Notify your employer as soon as possible. There is no strict deadline to report the injury, but delaying notice can hurt your claim.
- Seek Medical Attention: You have the right to choose your own doctor. If you see more than two different doctors without employer approval, the employer may refuse to pay for treatment beyond the second one.
- Employer Reports to Insurer: Your employer must file a First Report of Injury with their insurance carrier and the Wisconsin Department of Workforce Development (DWD).
- Benefits Begin or a Dispute Arises: If the claim is accepted, you’ll receive benefits. If denied, you can file a claim with the Wisconsin Division of Hearings and Appeals.
Types of Workers’ Compensation Benefits in Wisconsin
- Medical Care: Covers doctor visits, surgeries, physical therapy, medications, and mileage reimbursement to appointments.
- Temporary Total Disability (TTD): If you can’t work at all, you’ll receive two-thirds of your average weekly wage, subject to a state maximum.
- Temporary Partial Disability (TPD): If you can work part-time or earn less due to restrictions, you may get partial wage replacement.
- Permanent Partial Disability (PPD): Based on loss of function to a body part. Compensation is calculated using a scheduled number of weeks and your average weekly wage.
- Permanent Total Disability (PTD): If you can never return to work, PTD provides ongoing benefits.
- Vocational Rehabilitation: Assistance is available if your injury prevents you from returning to your previous job.
- Death Benefits: Surviving dependents may receive compensation, and funeral costs up to $10,000 may be covered.
Filing Deadlines and Limitations
- Claim Filing Deadline: Within 6 years of the injury or the last payment of benefits.
- Medical Treatment Deadline: Must be provided within 2 years of the injury (unless extended by payments).
- Permanent Disability: Claims for PPD have longer statutes and may be filed later, especially for latent injuries.
Wisconsin law encourages early reporting and filing, but it also allows a longer window than many other states—especially for occupational illnesses that appear over time.
Special Considerations for Rideshare Drivers and Gig Workers
Gig workers and rideshare drivers (e.g., Uber and Lyft) are typically classified as independent contractors and may not qualify for workers’ compensation through the platform itself. However, in some cases, if a driver is under the direction and control of a dispatching service or fleet company, they may be misclassified.
If injured while driving for a rideshare app, you may need to explore:
- Third-party personal injury claims
- Auto insurance medical payments
- Rideshare platform’s commercial liability coverage
These cases can be complex, and legal help is often needed to determine the right path.
Legal Help for Workers in Wisconsin
If your claim is denied or your employer is not cooperating, consider reaching out to:
- Wisconsin Department of Workforce Development (DWD) – Offers guidance and resources for injured workers.
- Division of Hearings and Appeals (DHA) – Manages disputed claims.
- Workers’ compensation attorneys – Can help with appeals, settlements, and third-party liability issues.
- Legal Action of Wisconsin – May offer free assistance for low-income workers.
Taking early action and understanding your rights can make all the difference.