Wisconsin workers' compensation is administered by the Worker's Compensation Division within the Wisconsin Department of Workforce Development (DWD) under Wis. Stat. Chapter 102.
1. Who Is Covered
Employers with 3 or more employees at any one time, OR with 1+ employees and a quarterly payroll of $500+ must carry workers' comp (Wis. Stat. § 102.04).
Farm employers covered if 6+ employees on 20+ days per year.
Sole proprietors, partners, and LLC members may opt out; corporate officers may opt out (with certain limits).
2. Notice to Employer — 30 Days
Under Wis. Stat. § 102.12, give notice to the employer within 30 days of the injury.
Failure may bar the claim unless the employer was not prejudiced.
3. Filing Deadline — 2 Years (6 Years for Occupational/Death)
File an Application for Hearing (WKC-7) with DWD within 2 years of injury (Wis. Stat. § 102.17(4)).
6 years for occupational disease, traumatic injuries causing death, or to challenge denials.
12 years for traumatic injuries with no compensation paid.
4. Weekly Benefit Calculation
Temporary Total Disability (TTD): 66 2/3% of AWW (Wis. Stat. § 102.43).
2024 maximum TTD: approximately $1,237/week (100% of SAWW); minimum: 50% of SAWW × 30%.
Permanent Partial Disability (PPD): scheduled at 70% of TTD rate (max ~$865/week 2024) for assigned weeks per body part.
Permanent Total Disability: TTD rate for life.
5. Maximum Benefit Period
TTD: until healing plateau.
PPD: scheduled weeks per body part (e.g., arm = 500 weeks).
PTD: lifetime.
6. Medical Treatment — Employee Chooses
The employee may choose any practitioner licensed in the state (Wis. Stat. § 102.42(2)).
One change of practitioner permitted as a matter of right (additional changes require employer/insurer consent or DWD approval).
Medical benefits unlimited in duration.
7. Choice of Doctor
Broad — employee chooses; one change as of right.
8. Attorney Fees
Capped at 20% of additional benefits secured under Wis. Stat. § 102.26; DWD approval required.
9. Advisory Council Model
Wisconsin uses a Workers' Compensation Advisory Council of labor and management representatives to negotiate biennial reforms — a unique consensus-based reform model.
10. Loss of Earning Capacity (LOEC)
For unscheduled injuries (back, head, mental), PPD is calculated based on Loss of Earning Capacity (LOEC) considering age, education, work experience.
11. Retaliation — Wis. Stat. § 102.35
Prohibits retaliatory discharge or discrimination against employees for filing workers' comp claims.
This is legal information, not legal advice.