Wisconsin Workers’ Compensation Benefits: What You’re Entitled To

Hi, I’m Attorney Alex Eichhorn Founder of Axis Legal, LLC. I’ve been handling Wisconsin workers’ compensation benefits cases for over a decade, and if there’s one thing I’ve learned, it is that most injured workers don’t get told the full story about what benefits they’re entitled to.

Whether you’ve just reported your injury or you’re months into the healing process, understanding your rights is key. Here’s a breakdown of the main workers’ compensation benefits available under Wisconsin law, and how we at Axis Legal make sure our clients don’t leave anything on the table.

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Temporary Total Disability (TTD) Wisconsin workers’ compensation benefits

If your doctor takes you completely off work, you’re entitled to Temporary Total Disability, or TTD. This is your wage replacement benefit during the healing process.

TTD pays two-thirds of your average weekly wage, up to a state-set maximum. It’s not taxed, and it begins after a 3-day waiting period. If you’re out more than 7 calendar days, those first 3 days get paid, too.

We always collect pay records and verify wage calculations because TTD underpayment is one of the most common errors we see.

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Temporary Partial Disability (TPD) 

If you’re able to work—but only in a reduced capacity (fewer hours, light duty, lower pay)—you may be eligible for Temporary Partial Disability. TPD helps make up the difference between what you’re earning now and what you were earning before the injury.

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Permanent Partial Disability (PPD)

Once you’ve reached maximum medical improvement (MMI), your doctor may assign a PPD rating that reflects any lasting damage from your work injury. From here, the benefit you receive depends on whether your injury is classified as scheduled or unscheduled under Wisconsin workers’ compensation benefits

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Scheduled Injuries

Scheduled injuries include damage to body parts like the arms, legs, hands, feet, eyes, or ears. Wisconsin assigns each of these body parts a fixed number of weeks for PPD purposes.

Here’s how it’s calculated:

• Your doctor assigns a percentage of disability.

• That percentage is multiplied by the number of weeks assigned to the body part.

• You then multiply that number of weeks by the state’s statutory PPD rate for the year of your injury.

Example:
A shoulder injury is treated as an arm injury, which is worth 500 weeks.
If your doctor gives you a 10% rating, that’s 50 weeks.
At $430/week (2025 rate), that equals $21,500 in PPD benefits.

This calculation is fixed by statute. Even if a scheduled injury prevents you from going back to work, you are not eligible for Loss of Earning Capacity. However, if you’re unable to return to your old job due to permanent restrictions, you may qualify for retraining benefits through DVR.

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DVR and Vocational Rehabilitation

If a scheduled injury leaves you unable to return to your pre-injury job, the Department of Vocational Rehabilitation (DVR) can help. They may fund retraining programs and cover related expenses like tuition, books, and travel. While enrolled, you’re also eligible to receive weekly checks equal to your TTD rate.

In rare cases, if your physical restrictions are so severe that a vocational expert finds you permanently unemployable, and that finding is backed by strong medical evidence, you may be eligible for lifetime TTD benefits—even though LOEC still technically doesn’t apply to scheduled injuries. These are complex cases, but they can be pursued with the right documentation and advocacy.

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Unscheduled Injuries and Loss of Earning Capacity (LOEC)

Unscheduled injuries include the back, neck, head, lungs, internal organs, and mental health conditions. These are not assigned a fixed number of PPD weeks. Instead, if your injury results in permanent restrictions that limit your ability to earn wages, you may be eligible for Loss of Earning Capacity benefits.

A vocational expert assesses your age, education, restrictions, prior work history, and job availability in your area. They determine what percentage of your pre-injury earning capacity you’ve lost.

Example:
If you’re found to have a 40% loss of earning capacity and the “body as a whole” is valued at 1,000 weeks, you’d be entitled to 400 weeks of PPD at the statutory rate.

Unlike scheduled injuries, unscheduled injuries open the door to more individualized compensation—and it’s often where real value is hidden in the claim. I have frequently seen claims where work comp pays the entire amount of PPD owed, however they fail to inform the injured worker of a LOEC claim that could result in $100,000.00+ in additional benefits. That is where Axis Legal can help.

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Medical Expenses

You are entitled to full coverage of all reasonable and necessary medical treatment related to your work injury. That includes:

• Doctor visits

• Surgery

• Physical therapy

• Imaging (X-rays, MRIs)

• Injections

• Medications

• Assistive devices

• Travel to and from appointments

Mileage reimbursement is also available and is based on the current IRS rate.

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Disfigurement Benefits

If you suffered scarring or other visible disfigurement—particularly to the face, neck, or hands—you may be eligible for an additional disfigurement award. This is evaluated based on location, severity, and how it affects your employment prospects.

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Retraining Outside DVR

Even if you’re not participating in DVR, a vocational expert may still conclude that retraining is necessary. In those situations, the insurance carrier may still be on the hook for school-related expenses and weekly payments during the retraining period.

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Final Thoughts

Wisconsin workers’ compensation benefits system isn’t exactly designed for clarity—and it certainly isn’t designed to favor injured workers. But that’s where we come in.

At Axis Legal, our attorneys have handled thousands of cases and recovered more than $30 million for injured workers across the state. We make it our mission to help you understand what you’re entitled to and make sure you get it—down to the last dollar.

If you’ve been hurt at work and have questions about your claim or benefits, we’re just a phone call away.

If you are wondering How Long it Will Take to Settle Your Work Comp Claim Find Answers here –> Watch our 60 second video

Axis Legal, LLC
15255 Watertown Plank Rd, Ste 200
Elm Grove, WI 53122
(414) 414-4814
info@theaxislegal.com
www.theaxislegal.com

—Alex E. Eichhorn
Attorney & Founder, Axis Legal
Centered on Your Recovery