Can’t Return to Work After an Injury? Your Rights Under Wisconsin Workers’ Compensation Law
By Howard Eglash, Personal Injury Attorney
If you’ve suffered a serious injury at work and can no longer return to your previous job—or work at all—you may be wondering what happens next. Losing your ability to earn a living can feel overwhelming, but under Wisconsin workers’ compensation law, you may be entitled to long-term financial benefits that protect your future income. At Bosshard Parke, we help injured workers across La Crosse, Sparta, and western Wisconsin understand their legal rights and navigate the claims process. If your injury has permanently changed your ability to work, this guide will help you understand your options under permanent total disability (PTD) and loss of earning capacity (LEC) claims.
What Happens If You Can’t Go Back To Your Old Job?
After a work injury, your first step is usually medical treatment and a period of recovery. But for some workers, recovery doesn’t mean returning to business as usual. Some injuries lead to permanent physical or cognitive limitations, preventing you from doing your former job—or working in any job at all.
If your doctor determines that your condition has reached maximum medical improvement (MMI) and you still have permanent restrictions, you may qualify for one of two types of long-term compensation under Wisconsin workers’ comp:
- Permanent Total Disability (PTD)
- Loss of Earning Capacity (LEC)
What Is Permanent Total Disability (PTD)?
Permanent Total Disability means you are unable to perform any type of sustained, gainful employment due to your injury. This isn’t limited to your old job—it means you can’t work in any reasonable capacity.
PTD claims typically involve:
- Severe spinal cord injuries
- Traumatic brain injuries
- Amputations
- Loss of vision or multiple limbs
- Chronic pain that prevents regular work
PTD Benefits
If your claim is approved, you may be entitled to:
- Weekly wage replacement payments for life
- Coverage for ongoing medical treatment
- Possible access to vocational rehabilitation (if partial work is possible)
Wisconsin’s PTD system does not cap the duration of benefits—meaning you could receive compensation for the rest of your life.
What Is A Loss Of Earning Capacity (LEC) Claim?
In some cases, you can still work, but not in the same role or at the same pay. For example, a factory worker with a shoulder injury may be able to work in a limited desk job—but for significantly less pay.
This is where a Loss of Earning Capacity claim may apply. It allows injured workers to seek compensation for the permanent reduction in their earning potential caused by the injury.
LEC Is Only Available In Certain Cases
Wisconsin allows LEC claims in specific situations:
- The worker has a permanent partial disability
- The worker cannot return to their pre-injury job
- The employer does not offer suitable alternative work
Vocational experts are often brought in to assess your education, skills, medical restrictions, and the current job market to determine the percentage of lost earning capacity.
LEC Benefits
If approved, you may receive:
- A one-time or structured payment based on your loss percentage
- Additional compensation above what a standard permanent partial disability (PPD) claim offers
- Possible retraining or support for career transitions
How To Protect Your Claim For Future Income
Both PTD and LEC claims can be legally complex and may be challenged by employers or insurers. To strengthen your claim:
- Follow All Medical Advice
Attend every appointment and follow prescribed restrictions. Gaps in care can be used to question the severity of your injury. - Document Your Limitations
Keep detailed records of how your injury impacts daily life and work tasks. - Request a Vocational Evaluation
A vocational expert can help prove the extent of your limitations and earning loss. - Avoid Rushing Into a Settlement
Insurance companies may offer lump sums that are less than what you could receive in long-term benefits. Speak with an attorney first.
When To Contact A Workers’ Compensation Attorney
If you’ve been told you can’t return to your job—or any job—due to a work injury, it’s time to seek legal guidance. At Bosshard Parke, we advocate for injured workers throughout western Wisconsin, helping them:
- Navigate the workers’ comp system
- Secure the proper medical and vocational evaluations
- File PTD or LEC claims
- Appeal denials and negotiate fair compensation
You shouldn’t face financial uncertainty after a life-changing injury. Our team is here to help you protect your future and ensure you receive the benefits you are entitled to under Wisconsin law.
Contact Bosshard Parke Today
If you can’t return to work after a job-related injury, don’t face the legal process alone. Contact Bosshard Parke in La Crosse or Sparta today for a confidential consultation. We’ll help you understand your options and fight for the compensation you deserve.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For personalized guidance, please consult an attorney at Bosshard Parke.
Article by Howard Eglash, personal injury attorney at Bosshard Parke Ltd. For more information on Permanent Total Disability and Loss of Earning Capacity claims, contact him at 608-782-1469.
