Protecting Your Future Income After A Life-Changing Injury

By Howard Eglash, Personal Injury Attorney

A serious injury can impact far more than your health—it can change your ability to earn a living, support your family, and plan for the future. If your injury has left you unable to work in the same capacity (or at all), it’s essential to understand your options for protecting your long-term income. At Bosshard Parke, we help injured clients in La Crosse, Sparta, and throughout western Wisconsin pursue the compensation and benefits they’re entitled to under the law. This guide breaks down how to file for long-term disability support through workers’ compensation, personal injury claims, and private disability insurance.

Start With Medical Documentation

No matter which route you pursue, strong medical documentation is the foundation of any long-term disability claim. Make sure to:

• Follow all treatment plans
• Keep detailed medical records
• Ask your provider for a statement outlining your work limitations

This information will be used to support your claim, whether you’re applying for workers’ compensation or dealing with an insurance company.

Option 1: Workers’ Compensation

If your injury happened on the job, you may qualify for long-term benefits under Wisconsin’s workers’ compensation laws. There are two key types of benefits that help protect your future income:

Permanent Total Disability (PTD)

You may be eligible for PTD if your injury permanently prevents you from working in any job. These benefits include weekly wage replacement payments for life and coverage for ongoing medical care.

Loss of Earning Capacity (LEC)

If you can still work, but only in a reduced capacity or at a significantly lower wage, LEC benefits may apply. A vocational expert will help determine your pre- and post-injury earning potential, and you may be entitled to a structured settlement or lump sum.

Filing for PTD or LEC requires evidence of your limitations and how they affect your employment prospects. A knowledgeable attorney can help build a strong case to present to the insurer or Wisconsin’s Workers’ Compensation Division.

Option 2: Personal Injury Claims

If your injury was caused by someone else’s negligence—such as in a car crash, motorcycle accident, or slip and fall—you may have the right to file a personal injury lawsuit. In these cases, your claim can include compensation for:

• Medical expenses
• Lost income
• Loss of future earning potential
• Pain and suffering
• Permanent disability or disfigurement

In cases where your injury has long-term effects on your career, it’s crucial to calculate future earnings losses with the help of economic and vocational experts. These projections can be powerful tools in settlement negotiations or courtroom proceedings.

Option 3: Private Or Employer-Sponsored Disability Insurance

Some individuals have long-term disability (LTD) coverage through private insurance or employer-sponsored policies. These policies provide monthly payments if you meet the policy’s definition of disability. However:

• Most LTD plans require you to be unable to perform your job for a set period (e.g., 24 months)
• After that, you must prove you’re unable to perform any occupation
• Policies often contain exclusions and deadlines that must be carefully followed

How To Protect Your Long-Term Income

Regardless of which claim pathway you pursue, take the following steps to protect your rights and maximize your chances of a successful outcome:

• Act quickly. There are strict deadlines for filing both workers’ comp and insurance claims.
• Avoid signing insurance documents without legal advice.
• Request vocational evaluations to prove your reduced earning ability.
• Keep a journal of your daily limitations and recovery progress.
• Speak with an experienced attorney early in the process.

Bosshard Parke Can Help You Move Forward

If a life-changing injury has left you unable to work or facing an uncertain financial future, you don’t have to navigate the legal system alone. At Bosshard Parke, our attorneys understand the complexities of disability claims and personal injury law. We’ll help you explore all possible avenues for securing long-term income.

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.