Temporary Disability Overview
While you are healing from your work injury, you are entitled to temporary disability benefits. See temporary total disability and temporary partial disability sections below.
Temporary disability benefits are not taxable.
Temporary disability benefits stop when a doctor finds you have reached end of healing, also known as maximum medical improvement or plateau of healing.
Beware: The insurance carrier can stop your temporary disability benefits when its doctor finds you at end of healing even if your own doctor disagrees. See Defense Medical Examinations, also known as IMEs or “Independent Medical Evaluations.”
Temporary Total Disability (TTD)
When your doctor has excused you from all work, you are entitled to payment for your lost time at the temporary total disability (TTD) rate. The temporary total disability (TTD) rate is two-thirds of your average weekly wage.
Temporary Partial Disability (TPD)
While you are healing from your work injury, your doctor may allow you to return to work part-time or on restricted duty. If, as a result, you are earning less than your average weekly wage, then you are entitled to receive temporary partial disability (TPD). Temporary partial disability is a proportion of your lost wages at the temporary total disability rate.
After your doctor finds you have reached end of healing, also known as maximum medical improvement or plateau of healing, you may be entitled to a monetary award for permanent disability in several situations.
Permanent disability includes:
- Functional permanent disability (disability based on your medical condition)
- Loss of earning capacity (vocational permanent disability)
The worker’s compensation carrier is obligated to pay all reasonable and necessary medical expenses for the evaluation and treatment of your work injury.
The worker’s compensation carrier is obligated to pay reimbursement of mileage for all of your trips for medical treatment and for any defense medical examination. (In the case of the defense medical examination, the carrier must pay you the mileage in advance.)
Under certain circumstances, you may be entitled to retraining benefits to allow you to learn a new trade or occupation if you cannot perform the work that you did before your work injury.
In some circumstances, you may have a claim for a penalty against your employer or its worker’s compensation carrier based upon their behavior. Penalty claims include:
- Unreasonable refusal to rehire – sec. 102.35(3) Wis. Stats.
- Bad faith penalty claim – sec. 102.18(1)(bp) Wis. Stats.
- Delay in payment penalty claim – sec. 102.22 Wis. Stats.
- Safety violation penalties
Important: If you believe you may have a claim for a penalty, please contact us to discuss the circumstances of your case.