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★ Wisconsin · workplace

Workplace settlements
in Wisconsin.

By Reviewed by Abd Shanti, Founder9 min read

Wisconsin’s maximum temporary total disability rate is $1,375 a week for injuries in 2026, and 2025 Act 145 raised permanent partial disability to $454 a week from 1 April 2026. Two cases show how claims rise and fall on medical evidence: a caregiver’s hip claim revived, and a Walmart worker’s surgery claim denied.

Facts that decide a workplace claim in Wisconsin

Maximum weekly rate$1,375 a week for temporary total, permanent total and death benefits for injuries on or after 1 January 2026, based on an average weekly wage of $2,062.50.Department of Workforce Development, insurance letter 549
Permanent partial disability$454 a week for injuries on and after 1 April 2026, and $462 from 1 January 2027.Department of Workforce Development, summary of 2025 Wisconsin Act 145
Act 145 changesShoulder replacements count as serious traumatic injuries with no limitations period, and PTSD coverage is extended to all emergency responders and firefighters.Department of Workforce Development, summary of 2025 Wisconsin Act 145
united states · sister site
Your workplace claim in Wisconsin. See the number for your own case.

FairSettlement gives you a free estimate for your own workplace case in about two minutes, no cost and no obligation.

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★ WI · reported workplace outcomes

What Wisconsin courts have awarded.

Real Wisconsin decisions and verdicts, each linked to the court record or official report.

  • Wise v. Labor and Industry Review Commission
    Wisconsin Court of Appeals · 2018
    Denial reversed; case returned to the Commission

    Jacqueline Wise passed a pre employment physical and started as a caregiver in February 2013. A week later she slipped on the icy parking lot, her legs split apart and she landed on her buttocks, with pain in her hips, thighs and lower back. The Commission found she had fully recovered from the aggravation of her hip condition by 4 March and denied benefits. The court held that finding was not supported by credible evidence and reversed.

  • Flug v. Labor and Industry Review Commission
    Wisconsin Supreme Court · 2017
    Denial of permanent disability upheld

    Tracie Flug had a work related soft tissue strain at Wal-Mart and an unrelated degenerative disc disease. She had surgery believing it would treat the work injury, but it treated the disc disease and left her with permanent partial disability. The Supreme Court held Wal-Mart did not owe benefits for that disability and reinstated the Commission’s decision.

★ WI · workplace · in practice

What changes the number here.

What actually moves a workplace settlement in Wisconsin.

  1. 1

    A clean pre employment physical helps prove the work injury caused the problem, as it did for Wise.

  2. 2

    Surgery must treat the work injury. Flug’s disability came from treating an unrelated condition.

  3. 3

    Check the rate for your injury date; the permanent partial rate changed on 1 April 2026.

★ WI · statute of limitations
3 years from date of injury

Wis. Stat. § 893.54

★ WI · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ WI · caps

What caps recovery.

Statutory caps that may bear on a workplace settlement in Wisconsin.

★ workplace · same region & fault regime

Compare to like jurisdictions.

How Wisconsin's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for workplace claims.

JurisdictionFault ruleLimitationWorkplace page
Wisconsin · you are hereModified comparative, 51% bar3 years from date of injury—
IllinoisModified comparative, 51% bar2 years from date of injuryIL · workplace →
IndianaModified comparative, 51% bar2 years from date of injuryIN · workplace →
IowaModified comparative, 51% bar2 years from date of injuryIA · workplace →
KansasModified comparative, 50% bar2 years from date of injuryKS · workplace →
MichiganModified comparative, 51% bar3 years from date of injuryMI · workplace →
MinnesotaModified comparative, 51% bar6 years for personal injury (uncommonly long); 4 years for medical malpracticeMN · workplace →
WyomingModified comparative, 51% bar4 years from date of injuryWY · workplace →
ConnecticutModified comparative, 51% bar2 years from date of injuryCT · workplace →
DelawareModified comparative, 51% bar2 years from date of injuryDE · workplace →
FloridaModified comparative, 51% bar2 years from date of injury (was 4; reduced by HB 837)FL · workplace →
AlabamaPure contributory negligence2 years from date of injuryAL · workplace →
AlaskaPure comparative negligence2 years from date of injury or discoveryAK · workplace →
★ WI · workplace · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

united states · sister site
Hurt at work in Wisconsin? See what your own claim could be worth.

FairSettlement, our US sister site, gives you a free estimate in about two minutes. No cost and no obligation.

Check my case

Sources

Checked 2026-09-29.

★ all of WI
Wisconsin overview

Fault rule, statute, caps, and key facts for Wisconsin as a whole.

★ national frame
Workplace in United States

Workplace band structure and severity tiers at the US level.

★ all 15 countries
Workplace · everywhere

Cross-jurisdiction comparison of workplace bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Wisconsin. See /methodology, /sources, and /disclaimer.