Disclaimer: This article offers general legal information and does not constitute legal advice.
Detailed Answer
In Wisconsin, you generally make one workers’ compensation claim that covers lost wages from all your covered employers after a work-related injury. Under Wis. Stat. § 102.03(1), “injury” includes any harmful change to body structure arising out of employment. Wage benefits tie to your average weekly earnings (AWE) at injury time. You must report income from each employer to calculate AWE.
1. Identify Applicable Benefit Types
Workers’ compensation wage benefits include:
- Temporary Total Disability (TTD): Two-thirds of AWE when you cannot work at all.
- Temporary Partial Disability (TPD): Two-thirds of the difference between pre-injury AWE and post-injury earnings.
- Permanent Disability: Benefits for lasting impairment.
2. Calculate Your Average Weekly Earnings
Under Wis. Stat. § 102.61(1), AWE equals your weekly wage at the time of injury capped by state maximums. Include income from all employers. For example, if you earned $400 weekly from Employer A and $200 from Employer B, your AWE is $600. The insurer uses this figure to set your weekly benefit rate.
3. Report Multiple Employers and Income
Notify each employer’s insurer in writing within 30 days of your injury. Provide pay stubs or tax records showing wages from every job. The insurer coordinates benefits under one file. If multiple insurers exist, the Department of Workforce Development assigns primary liability based on your earnings and employment dates.
4. File Your Claim and Appeals
File Form WC–14 with the Department of Workforce Development (DWD) if the insurer denies or disputes your wage rate. You can ask DWD to schedule a hearing and, if necessary, appeal decisions to the Labor and Industry Review Commission.
5. Consider a Third-Party Claim
If a non-employer caused your injury (for example, a motorist in a car collision), you can file a separate personal injury lawsuit. You may recover full lost wages—including past and future earnings—by documenting pay from all jobs and presenting damage calculations.
Helpful Hints
- Track all income sources: Save pay stubs, W-2s and 1099s from every job.
- Meet all deadlines: Provide notice within 30 days and file a claim within two years under Wis. Stat. § 102.17.
- Consult the DWD website: Access forms and guides at https://dwd.wisconsin.gov/werc/.
- Keep a work diary: Record dates you missed work and return-to-work activity.
- Review maximum benefit rates: Wisconsin updates the AWE cap annually at https://dwd.wisconsin.gov/werc/wage-benefits/.