Workers comp benefits are determined by the average weekly wage. The AWW is an important calculation because it determines temporary disability and permanent total disability benefits, subject to statutory maximums. The average weekly wage is determined by the rate in effect as of the employee's date of injury. Wis. Stat. § 102.03(4).
In Wisconsin, workers comp benefits are calculated based on the employee's average weekly wage. The average weekly wage is very important because is helps determine the wage replacement or temporary total disability benefits and can impact the future loss replacement of permanent partial disability or loss of earning capacity benefits rate.
In Wisconsin workers comp benefits called TTD or temporary total disability benefits are paid an injured employee while he or she is in the healing period. The healing period is the time while an injured worker is both convalescing from the injury and submitting to active treatment; it is the time before the medical condition becomes stationary.
Yes, an injured worker can receive both workers compensation benefits and social security disability benefits, but there is an offset of the workers comp benefits in Wisconsin. In some states, the SSD is reduced not the workers comp, but every state has a reduction of one or the other. Under Wisconsin Statutes Sec. 102.44, workers comp benefits are reduced when the combined worker's compensation and Social Security Disability Income (SSDI) benefits exceed 80% of the employee's average current earnings (ACE) as determined by the Social Security Administration. This ACE calculation is recalculated upward on January 1 of the third year following entitlement to SSDI and every three years thereafter. Indexing greatly diminishes the offset and typically eliminates it after six to nine years.
What permanent work restrictions mean for workers comp benefits in Wisconsin is often asked by injured workers after the end of healing. When your treating physician or surgeon says you are at an end of healing for workers compensation purposes, he or she may assign a permanent partial disability percentage for which you are entitled to PPD benefits. If the doctor also assigns permanent work restrictions, there may be more workers comp benefits available.
How long can I receive workers comp benefits in Wisconsin is a often asked by injured workers. The answer depends on whether we are talking about temporary total disability benefits or permanent partial disability benefits. An injured worker receives temporary total disability benefits, called TTD, while you are in your period of healing for the work related injury and the doctor has you off work totally or has you on work-related restrictions which the employer cannot accommodate. TTD benefits may last a matter of days or up to several years in serious injury cases. The period of healing lasts until your doctor says you have reached the end of healing, often called a healing plateau. The healing plateau does not mean you are totally healed or all better and back to 100%. In fact, the cases McCormick Law Office gets the most workers comp benefits for involve an end of healing with permanent residuals.
What workers comp benefits are available if hurt on the job in Wisconsin are generally temporary total disability or TTD benefits while you are off work and in your period of healing. TTD benefits are two-thirds of your weekly gross pay (does not include fringe benefits) and there is a maximum limit that changes every year. To get TTD, it is very important that the doctor your are treating with gives you an off work slip cover all the dates you cannot work or have restrictions which the employer cannot accommodate. In addition, the employer or its workers' compensation insurance company is responsible to pay for your work-related medical treatment. They are also responsible for your mileage to and from the doctor's appointments but this is something you must keep track of an submit yourself to the insurance company, they usually do not offer to pay mileage unless you specifically ask.