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When you suffer accident-related injuries that prevent you from working, Wisconsin law and related benefit programs offer several paths to recover lost wages. Which option applies depends on the accident’s context—whether it occurred on the job, in a motor vehicle collision, or elsewhere. Below are the primary methods to pursue wage recovery:

1. Workers’ Compensation Benefits

If your injury happened at work, your employer must carry workers’ compensation insurance under Wis. Stat. ch. 102 (docs.legis.wisconsin.gov/statutes/statutes/102). Eligible employees receive wage‐loss benefits equal to two‐thirds of their average weekly wage, subject to statutory caps. Key steps:

• Report the injury to your employer within 30 days of knowledge.
• File a claim with the Wisconsin Department of Workforce Development.
• Attend required medical examinations and hearings, if any.

2. Third-Party Liability Claims (Personal Injury Lawsuit)

If someone else’s negligence caused your injury—such as a car crash or a slip-and-fall on private property—you can file a personal injury lawsuit to recover past and future lost earnings. Under Wis. Stat. §895.047, you may recover economic damages, including wages, bonuses, benefits, and earning capacity loss (docs.legis.wisconsin.gov/statutes/statutes/895/IV/047).

Important considerations:

• Statute of limitations: You generally have three years from the injury date to file suit under Wis. Stat. §893.54(1m) (docs.legis.wisconsin.gov/statutes/statutes/893/IV/54/1m).
• Gather pay stubs, tax records, and employer testimony to document your actual and future wage losses.
• Consider pre-suit negotiations with the at-fault party’s insurer to seek a settlement.

3. Medical Payments (MedPay) Coverage

If you have auto insurance with MedPay coverage under Wis. Stat. §632.32(4m), your insurer may pay medical expenses and wage loss up to the policy limits regardless of fault (docs.legis.wisconsin.gov/statutes/statutes/632/III/32/4m). Review your policy declarations to confirm coverage limits.

4. Short-Term and Long-Term Disability Insurance

If you or your employer purchased disability insurance, you can file a claim for wage replacement. Short-term plans typically cover a percentage of wages for up to six months; long-term plans begin after short-term benefits expire and may extend for years or until retirement age.

5. Social Security Disability Benefits

If your injuries cause long-term disability, you may qualify for Social Security Disability Insurance (SSDI). SSDI requires you to demonstrate inability to engage in substantial gainful activity for at least 12 months. Apply online at the Social Security Administration website and gather medical records and work history.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.