Wisconsin Workers' Compensation Settlement Calculator
Estimate Wisconsin workers' comp — Dual-Track Maximum Rate, Notice & Statute of Limitations, Third-Party 1/3 Guarantee
Wisconsin workers' compensation claims are governed by Wis. Stat. § 102.11(1) (Dual-Track Maximum Rate): TTD/PTD/death max = 110% of the state's average weekly earnings, recalculated every Jan. Of the 4 landmark Wisconsin workers' compensation awards documented on this page, the largest is $5.5M (Jury verdict against Menard, Inc. — Eau Claire County Circuit Court; third-party premises-liability claim (a temporary forklift operator's error caused the injury, so the § 102.03 exclusive-remedy bar did not shield the premises owner); 2026).
🦡 WISCONSIN: Dual-Track Maximum Rate | 6-12 Year Statute of Limitations | Third-Party 1/3 Guarantee
Your Injury
Your Estimated Settlement
$6,000 — $6,000
Pain and suffering = $15,000 in medical bills × 0.0 severity multiplier. Your bills are already included in that figure, so they are not added again.
Workers' compensation is a no-fault system: your benefits are not reduced because you were partly or fully responsible for the accident.
Workers' compensation does not pay pain and suffering. Unlike a personal injury claim, it covers medical treatment and a portion of your lost wages only — so no pain-and-suffering amount is included above.
This figure does not include a permanent impairment award. If your injury leaves lasting limitations, most states add a separate payment based on a doctor's impairment rating and a statutory schedule.
If someone other than your employer caused the injury — a subcontractor, a driver, a defective machine — you may also have a separate personal injury claim against that party, and that claim can include pain and suffering.
Keep this estimate — it is gone when you close the tab.
Workers' Compensation Wage Benchmark — New York State claims only
Across New York State claims only, this benchmark is based on 5,586,588 real payments totaling $139.7B from official New York State workers' comp claims.
Average
$25K
Median
$20K
25th %ile
$13K
90th %ile
$44K
Source: New York State Workers' Compensation Board (via data.ny.gov). These figures come from New York State claims only and do not describe benefit levels in other states. Actual payouts may vary based on individual circumstances.
Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology
Reviewed by Leonard Goldberg, Editor
Wisconsin Workers' Compensation Law
Wisconsin workers' compensation benefits is governed by Wis. Stat. § 102.11(1) (Dual-Track Maximum Rate): the maximum rate for temporary total disability (TTD), permanent total disability (PTD), and death benefits is 110% of the state's average weekly earnings, recalculated every January 1 — $1,375/week for 2026 (based on a $2,062.50 average weekly wage cap). Permanent partial disability (PPD) runs on a SEPARATE, legislatively fixed rate: $446/week for injuries from January 1, 2025 until 2025 Wis. Act 145 took effect, $454/week from the Act's effective date (reported as April 1, 2026) through the end of 2026, and $462/week from January 1, 2027. The minimum rate for both tracks is $30/week.
Notice & Statute of Limitations (Wis. Stat. §§ 102.12, 102.17(4)): an injured employee must give the employer actual notice within 30 days of the injury (or within 30 days of learning the disability is work-related) — late notice only bars recovery if it actually misled the employer. The right to file a claim expires after 6 years for a traumatic injury or 12 years for an occupational disease, measured from the date of injury/death or the last compensation payment; filing a hearing application tolls (pauses) that clock.
Third-Party Liability — 1/3 Guarantee (Wis. Stat. § 102.29(1)): filing a workers' comp claim does not waive an employee's right to also sue a negligent third party — an equipment manufacturer, general contractor, or property owner who is not the employer — for the same injury. If that claim succeeds, the statute guarantees the employee at least one-third of the net recovery before the employer/insurer is reimbursed for benefits already paid.
Key Wisconsin Workers' Compensation Statutes
Wisconsin workers' compensation benefits operates under these critical legal rules:
Wis. Stat. § 102.11(1)
Dual-Track Maximum RateStandard: TTD/PTD/death max = 110% of the state's average weekly earnings, recalculated every Jan. 1 — $1,375/week for 2026 (AWW cap $2,062.50). PPD runs on a SEPARATE, legislatively fixed rate: $446/wk for injuries from 1/1/2025 until 2025 Wis. Act 145 took effect, $454/wk from the Act's effective date (reported as April 1, 2026) through 12/31/2026, and $462/wk from 1/1/2027.
Scope: Minimum rate for both tracks: $30/week. Unlike most states, Wisconsin does not use one uniform maximum — PPD claimants are capped far below TTD/PTD/death claimants, a frequent source of confusion in settlement talks.
Wis. Stat. §§ 102.12, 102.17(4)
Notice & Statute of LimitationsStandard: Employee must give the employer actual notice of injury within 30 days of the injury (or within 30 days of learning the disability is work-related). Claims: 6-year statute of limitations for a traumatic injury, 12 years for an occupational disease, from the date of injury/death or the last compensation payment.
Scope: Late notice does not bar recovery if the employer was not actually misled by the delay. Filing an application for hearing tolls the limitations clock while the case is pending; 2025 Wis. Act 145 clarified that dismissal-without-prejudice and compromise-approval orders let the clock resume.
Wis. Stat. § 102.29(1)
Third-Party Liability — 1/3 GuaranteeStandard: Filing a workers' comp claim does not waive an employee's right to also sue a negligent third party (not the employer) for the same injury — e.g., an equipment manufacturer, general contractor, or property/premises owner.
Scope: Statutory recovery split: collection costs first, then AT LEAST one-third of the remainder goes to the employee regardless of anything else, then the employer/insurer is reimbursed for WC benefits paid, with any balance returning to the employee.
Wis. Stat. § 102.03(2)
Exclusive RemedyStandard: Workers' comp is the exclusive remedy against the employer, any co-employee, and the WC insurance carrier for a covered work injury.
Scope: Narrow exceptions preserve a tort claim against a co-employee for: (a) assault intended to cause bodily harm, or (b) negligent operation of a motor vehicle not owned or leased by the employer. Third-party claims against non-employer defendants are unaffected (see § 102.29).
Wis. Stat. § 102.43(1)-(2)
TTD Rate & Waiting PeriodStandard: Temporary total disability (TTD) = two-thirds (66.67%) of average weekly earnings; temporary partial disability is prorated to the actual wage loss versus average weekly wage.
Scope: Indemnity starts the 4th calendar day after the employee leaves work due to the injury (Sundays excluded unless normally worked); the first 3 days are paid retroactively if disability continues through day 7. Post-injury wages from other employment offset TTD.
Wis. Stat. § 102.52 (with §§ 102.53-102.55)
PPD Schedule (Weeks per Body Part)Standard: Scheduled permanent partial disability is paid in WEEKS at the § 102.11 PPD rate, not a lump dollar figure: arm at shoulder or leg at hip = 500 wks, hand = 400 wks, leg at knee = 425 wks, foot at ankle = 250 wks, thumb w/ metacarpal = 160 wks, total deafness = 330 wks, eye loss by enucleation = 275 wks.
Scope: Non-scheduled (unlisted) permanent partial disability is a percentage of 1,000 weeks at two-thirds of average weekly earnings. §§ 102.53-102.54 adjust for multiple/successive injuries and loss of the dominant hand.
Recovery Structure
Medical treatment (unlimited, no dollar cap), wage-loss replacement at two-thirds of average weekly earnings up to the applicable maximum, scheduled permanent partial disability paid in weeks per body part or a percentage of 1,000 weeks for non-scheduled injuries, a lifetime pension for permanent total disability, vocational retraining, and death/burial benefits for dependents. No pain and suffering under WC (trade-off of exclusive remedy).
Key Wisconsin Doctrines
Exclusive Remedy: Workers' comp is the exclusive remedy against the employer, co-employees, and the WC insurer — narrow exceptions exist for intentional co-employee assault and negligent driving of a non-employer vehicle; claims against non-employer third parties are unaffected. TTD Rate & Waiting Period: Temporary total disability pays two-thirds of average weekly earnings starting the 4th calendar day off work, with the first 3 days paid retroactively if disability continues through day 7.
Damage Structure + Caps
PPD is scheduled in WEEKS at the § 102.11 PPD rate, not a flat dollar figure: arm at the shoulder or leg at the hip = 500 weeks, hand = 400 weeks, leg at the knee = 425 weeks, foot at the ankle = 250 weeks, thumb = 160 weeks, total deafness = 330 weeks, loss of an eye by enucleation = 275 weeks. Non-scheduled PPD is a percentage of 1,000 weeks at two-thirds of average weekly earnings. Maximum weekly rates: $1,375 for TTD/PTD/death (2026), $454 for PPD (per 2025 Wis. Act 145); minimum $30/week for both tracks.
Wisconsin Workers' Compensation Verdicts + Settlements
Recent Wisconsin work-injury outcomes (workers' comp settlements and related third-party verdicts):
| Amount | Year | Case / Injury |
|---|---|---|
| $5.5M | 2026 | Jury verdict against Menard, Inc. — Eau Claire County Circuit Court; third-party premises-liability claim (a temporary forklift operator's error caused the injury, so the § 102.03 exclusive-remedy bar did not shield the premises owner) — Traumatic head injury from falling metal pallets at a Menards distribution center (injury occurred 2019); required emergency surgery and left permanent restrictions; jury found Menards 100% liable for OSHA-standard failures |
| $5M | 2023 | Workers' compensation settlement secured by attorney Alex Eichhorn (Tabak Law) for three employees of a Wisconsin-based company after an out-of-state propane explosion — Severe burns (one worker burned over 95% of his body, requiring 35+ reconstructive/esophageal surgeries) plus injuries to two coworkers |
| $700K | 2021 | Roman-Pacheco v. Keystone Riverview LLC — Milwaukee County (third-party negligence claim arising from a construction-site fall) — Construction fall injury |
| $200K | 2023 | Aiston v. Acuity — Racine County (third-party negligence claim following an accident at a construction job site) — Injuries from a construction job-site accident |
Wisconsin Workers' Compensation FAQs
What is the maximum weekly workers' comp benefit in Wisconsin for 2026?
For temporary total disability, permanent total disability, and death benefits, the 2026 maximum is $1,375/week (Wis. Stat. § 102.11(1)), based on 110% of the state's average weekly earnings ($2,062.50 cap). Permanent partial disability runs on a separate, lower legislated rate — $446/week until 2025 Wis. Act 145 took effect, then $454/week under the Act (effective date reported as April 1, 2026). Your actual TTD benefit is two-thirds of your own average weekly wage, up to these caps.
How long do I have to report a work injury in Wisconsin, and how long to file a claim?
You must give your employer actual notice within 30 days of the injury (or within 30 days of realizing your condition is work-related) — Wis. Stat. § 102.12. Separately, you generally have 6 years from the date of injury (or the last compensation payment) to file a formal claim for a traumatic injury, or 12 years for an occupational disease (§ 102.17(4)). Missing the 30-day notice usually only hurts your claim if it actually misled your employer.
Can I sue my employer in Wisconsin in addition to workers' comp?
Generally NO — Wisconsin workers' comp is the 'exclusive remedy' against your employer, co-employees, and the workers' comp insurer (Wis. Stat. § 102.03(2)). Narrow exceptions let you sue a co-employee for an intentional assault or for negligently driving a vehicle not owned/leased by the employer. Claims against a non-employer third party (equipment maker, general contractor, property owner, etc.) are NOT barred and can run alongside your workers' comp claim under § 102.29.
How is permanent partial disability (PPD) calculated in Wisconsin?
Scheduled injuries (loss or loss of use of a listed body part) pay a set number of weeks at the § 102.11 PPD rate — for example, an arm at the shoulder is 500 weeks, a hand is 400 weeks, a foot at the ankle is 250 weeks (§ 102.52). Non-scheduled PPD (most back injuries) is rated as a percentage of 1,000 weeks at two-thirds of your average weekly earnings. At the current $454/week PPD rate, 100 weeks (a 20% rating on a 500-week body part) is worth $45,400.
Should I accept the first settlement offer in a Wisconsin workers' comp case?
Almost never without independent review. Wisconsin allows lump-sum Compromise Agreements that close out a claim (with or without future medical), but they require Department of Workforce Development approval and are very hard to reopen once approved. Early offers typically undervalue permanent partial disability ratings and future medical needs — an independent medical evaluation and a workers' comp attorney (fees are percentage-based and regulated by the department) can meaningfully change the number before you sign.
Pending Wisconsin Workers' Compensation Issues
Active legal developments (as of April 2026):
- PPD-rate transition caveat: the DWD insurance rate letter (Ins. Letter 549, issued before 2025 Wis. Act 145) still lists the PPD maximum as $446/week for injuries on/after 1/1/2026; the $454/week step comes verbatim from Act 145's own amendment text, whose exact effective date (reported as April 1, 2026) should be verified against the Act's publication date before applying it to a specific injury date.
- The TTD/PTD/death maximum ($1,375/week for 2026) recalculates every January 1 from 110% of the state's average weekly earnings as of the prior June 30 (§ 102.11(1)) — the 2027 figure was not yet published as of August 2026 (Aug 2026).
- The PPD maximum is mid-transition under 2025 Wis. Act 145: $454/week applies only to injuries between 4/1/2026-12/31/2026, rising again to $462/week on 1/1/2027 — confirm the applicable rate against the exact injury date before quoting a number.
- Supplemental benefits for pre-2003 injuries with permanent total/long-term temporary disability (§ 102.44) have a separate weekly-target cap reportedly raised from $669 to $1,051 under 2025 Wis. Act 145, with expanded eligibility for some post-2020 claimants — sources conflicted on the exact eligibility window (before vs. after 1/1/2020), so this narrow provision was left out of the statute list pending clearer confirmation.
- Whether Wisconsin currently operates an active Second Injury Fund for new claims has not been independently confirmed against a primary DWD source and should be verified before being asserted as fact.
- The exact split of the $5,000,000 Tabak Law settlement among the three injured workers was not disclosed in the source article.
Informational only — consult a licensed attorney for case-specific advice.
Primary Sources
- docs.legis.wisconsin.gov/statutes/statutes/102/03
- docs.legis.wisconsin.gov/statutes/statutes/102/43
- docs.legis.wisconsin.gov/statutes/statutes/102/11
- docs.legis.wisconsin.gov/statutes/statutes/102/12
- docs.legis.wisconsin.gov/statutes/statutes/102/17
- docs.legis.wisconsin.gov/statutes/statutes/102/29
- docs.legis.wisconsin.gov/statutes/statutes/102/52
- docs.legis.wisconsin.gov/2025/related/acts/145
- dwd.wisconsin.gov/wc/letters/insurance/ins-letter-549.htm
- dwd.wisconsin.gov/wc/legal/pls-2026-ammendments.htm
- wislawjournal.com/2023/12/08/alex-eichhorn-tabak-law-secures-5-million-workers-comp-settlement
- wislawjournal.com/2026/04/29/jury-awards-5-5m-in-menards-workplace-injury-case
- westsjuryverdicts.com/WisBar/caseofthemonthlist.htm
- pbswisconsin.org/news-item/workers-compensation-payments-to-the-severely-injured-in-wisconsin-havent-increased-since-2016
Other State Workers' Compensation Calculators
Washington
L&I state fund + self-insure, PPD dollar-amount schedule, $2,303.31/wk equiv
California
SIBTF reform 2026, $1,764/wk max, QME + SB 636
New York
$1,281.50/wk max, LWEC non-schedule PPD, 2025 Protection in Workplace Act
Texas
Non-subscriber option, $1,271/wk, IBR
Illinois
Lifetime uncapped medical, $2,045.63/wk (2026)
Florida
$1,358/wk, 104-week TTD cap, narrow catastrophic definition
Michigan
PIWEC phantom wages, 80% after-tax AWW, $1,201/wk max 2026
New Jersey
Second Injury Fund, 400/450-wk caps, $1,199/wk max 2026
Ohio
BWC monopoly fund, Industrial Commission PTD, $1,281/wk
Pennsylvania
Act 111 (2017), 500-wk partial cap, $1,394/wk max 2026
Alabama
Max $1,219/wk TTD, but non-scheduled PPD (back injuries) capped at just $220/wk
Arizona
$6,131/mo max AMW (66⅔% TTD/PTD), PPD paid in months not weeks
Colorado
Competitive state fund, $1,464/wk max (91% SAWW), 4-day notice deadline
Connecticut
Max $1,716/wk (2026), 28-day contest deadline, SIF closed since 1995
Georgia
Exclusive remedy, $800/wk TTD cap, catastrophic designation unlocks lifetime benefits
Iowa
80% spendable earnings, $2,431/wk max, active Second Injury Fund
Indiana
$877/wk max (66⅔% AWW), 8-day wait, Second Injury Fund
Kentucky
Impairment-factor PPD formula, $1,277.99/wk max, coal black-lung claims
Louisiana
Second Injury Fund, SEB to 520wks, $903/wk max (Sept 2026)
Massachusetts
Opt-out exclusive remedy, $1,922/wk max rate, PPD paid in statewide-wage multiples
Maryland
Exclusive remedy, $1,537/wk max (2026), Uninsured Employers' Fund safety net
Minnesota
Private-carrier market, $1,536.84/wk max, PTSD presumption for first responders
Missouri
Strict-construction state, TTD/PTD capped 105% SAWW, PPD capped 55% SAWW
North Carolina
500-week TTD/PPD cap, $1,446/wk max (2026), 66 2/3% AWW
Oklahoma
TTD/PTD capped at $1,128.66/wk, opt-out struck down, Multiple Injury Trust Fund
Oregon
3-way market (SAIF+private+self-insure), $1,943/wk max, CDA keeps medical open
South Carolina
Exclusive remedy, $1,189.94/wk max (2026), 500-wk TTD cap, lifetime for TBI/spinal
Tennessee
$1,488.30/wk max (FY26-27), 15-day notice, PPD = rating × 450 wks, no jury trials
Virginia
500-week comp cap (PTD lifetime), $1,507/wk max, 66 2/3% AWW
Alaska
PPI = $273K × WPI%, TTD/PTD 80% of wage, max $1,627/wk (2026)
Arkansas
Max $953/wk (85% SAWW), odd-lot doctrine barred, 450-wk wage-loss cap
Washington DC
Max $1,852.07/wk (Jan 2025), 30-day notice, LHWCA-style weeks-based PPD schedule
Delaware
Max $962.72/wk (2026), 90-day notice, Medicare-based HCPS fee caps
Hawaii
66⅔% AWW, $1,240/wk max (2026), Special Compensation Fund after 104wks
Idaho
Max $1,021.50/wk (90% ASW), 500-week whole man, ISIF second-injury fund
Kansas
$905/wk max TTD/PTD, 415-wk PPD cap, SB 430 (2024) raised PTD cap $155K→$400K
Maine
Max $1,561/wk (125% of SAWW), 7-day wait, no statutory minimum, exclusive remedy
Mississippi
Max $654.63/wk, 5-day wait, Second Injury Trust Fund
Montana
$1,192/wk max, 400-week PPD formula, 60-mo medical closure
North Dakota
Monopolistic state fund (WSI), $1,614/wk max, no private insurance or self-insurance
Nebraska
Max $1,166/wk (2026), Espinoza multi-member LOEC rule, exclusive remedy
New Hampshire
$2,309/wk cap (150% SAWW); Second Injury Fund; 3-yr claim filing deadline
New Mexico
100% SAWW cap, $1,146.66/wk max, $36/wk min since 1975
Nevada
Privatized market, monthly PPD annuity (0.6%/1% WPI), max $5,691.79/mo (FY27)
Rhode Island
62% AWW formula, $1,622/wk max, dedicated Workers' Compensation Court
South Dakota
No insurance mandate • $1,152/wk max (2026) • Subsequent Injury Fund repealed 1999
Utah
Max $1,376/wk (2026), 6-yr/12-yr filing window, narrow intentional-injury exception
Vermont
Max $1,914/wk (2026), 6-mo. filing deadline, whole-person PPD schedule
West Virginia
Deliberate-intent exception, $1,150.91/wk max, no punitive damages, privatized market
Wyoming
Monopolistic state fund, no private insurance; PTD capped at 80 months, not lifetime
Main Workers' Comp Calculator
Nationwide WC benefits overview