When Does Workers’ Comp Start Paying Lost Wages?

You got hurt at work. You filed for workers’ compensation, but you haven’t gotten your first check yet.

Now you’re worried about your growing expenses, and you’re wondering, “When does workers’ comp start paying lost wages?”

Don’t panic, because the check should be coming soon. In Wisconsin, wage-loss benefits begin on the fourth day you’re unable to work, and your first payment should be made within two weeks of your last workday.

However, if for some reason you don’t receive your benefits by then, contact a Wisconsin workers’ compensation lawyer for help.

The Wisconsin 3-Day Waiting Period, Explained

Section 102.43 of the Wisconsin Statutes establishes a three-calendar-day workers’ comp waiting period in Wisconsin for wage-loss benefits.

In other words, you do not become eligible for these benefits until the fourth full day you’re unable to work, not counting Sundays unless you usually work them. If your disability extends past seven calendar days, you’re entitled to retroactive pay for the first three calendar days (again, generally exclusive of Sunday).

Here are a couple of examples to explain how this works. Let’s say you suffer a serious injury at work on Monday, June 1. Because the system only counts full work days missed, the three-day waiting period begins on Tuesday, June 2.

Therefore, you become eligible for wage-loss benefits on Friday, June 5, the fourth full day you missed at work.

However, if you suffered the injury on Wednesday, June 3, you would not become eligible for benefits until Monday, June 8, as the system does not count Sundays. Thursday, June 4, is the first calendar day you’re unable to work.

Friday is the second, Saturday is the third (even if you don’t usually work Saturdays), and Monday is the fourth, which is the day you become eligible for lost-wage benefits.

When Will My First Workers’ Comp Check Actually Arrive?

Wisconsin state law requires workers’ comp insurance providers to take one of the following actions within 14 calendar days of an injured worker’s last day worked:

Accept the claim and begin paying benefits
Deny the claim and provide the worker with a written explanation for the denial, as well as instructions on how to appeal the decision
Send the worker a written notice that the claim remains under investigation and explain the reason for the delay, also explaining how to appeal the decision if it is denied

Note that while the three-day waiting period for benefits begins on the first work day missed, the 14-day period starts on the day of injury or the last day worked. So, if you’re injured on Monday, June 1, and the insurance company accepts your claim, it has until Monday, June 15, to take one of the above actions.

How Much Will I Be Paid?

Several factors affect how much you will be paid for wage-loss benefits. If you’re unable to work at all, you are entitled to temporary total disability (TTD) benefits.

Temporary total disability in Wisconsin pays benefits equivalent to two-thirds of your average weekly wage (AWW) before your injury.

If you’re a full-time employee, AWW is calculated by either your average weekly taxable earnings over the preceding 52 weeks or, if you’re paid an hourly wage, your hourly rate and average weekly scheduled hours. AWW is calculated differently if you’re a part-time employee, but the same basic concepts apply.

TTD benefits are also subject to a state maximum, which increases every year to account for the rising cost of living. The cap for 2026 is $1,375 per week.

If your injuries allow you to work on a part-time or light-duty basis, you could be entitled to temporary partial disability (TPD) benefits instead.

TPD benefits make up part of the difference between your pre- and post-injury income. They are based on your loss of income and the wage-loss benefits you would be entitled to had you been totally disabled from working.

For example, if your TTD rate is $1,000 and you are offered work at 80 percent of your pre-injury wage, you would be entitled to 20 percent of $1,000 per week, or $200.

What If My Check Is Late or My Claim Is Disputed?

Are you still waiting on your first wage-loss benefits check more than 14 days after your injury?

Let your employer know about the issue and ask them about the delay. If your employer can’t provide you with an explanation, contact their workers’ compensation insurance provider. At this point, consider contacting a Wisconsin workers’ compensation lawyer for additional help.

If the insurance provider cannot explain the reason for the delay or instead denies your claim, you or your lawyer can contact the Workers’ Compensation Division of the Department of Workforce Development.

An administrative law judge with the Labor & Industrial Review Commission should hear your case and render a decision.

Common Reasons Wage-Loss Checks Get Delayed or Denied

Common reasons for wage-loss delays and denials include the following:

Late Reporting by the Employer – Your employer has seven days from the date of your injury to report the injury to its insurance carrier. Delays in reporting can slow the processing of your claim and the issuance of wage-loss benefits. However, your payments can be increased by 10 percent if your employer or their insurer has no proper excuse for their delay.
Disputes Over Whether an Injury Is Work-Related – Workers’ compensation covers only injuries and illnesses arising out of a worker’s employment. If the insurer is not certain that your injuries happened because of your work, it might delay the payment of your wage-loss benefits while it investigates your claim.
Missing or Incomplete Medical Documentation – Your benefits could get held up if you do not have sufficient medical records establishing your inability to work.
Disagreements Over Average Weekly Wage Calculations – While calculating AWW is straightforward for many full-time employees, it can be much more complicated for workers with variable schedules or fluctuating income. While a disagreement about how much you’re entitled to may not lead to delays, it could leave you with a lower rate than you’re entitled to by law.

How LawtonCates Can Help When Your Wage Benefits Are Delayed or Denied

Delayed or denied wage-loss benefits can be frustrating, but you don’t have to deal with the situation alone.

Instead, you can turn to LawtonCates for hands-on guidance and support. We can investigate the reason for the delay or denial, gather evidence to support your right to benefits, and appeal decisions to the Labor and Industry Review Commission.

We know your case is not just a case: it’s your life, and we will handle it with the diligence and tenacity that it demands.

We’re proud of the results we’ve achieved for our clients, and while past achievements don’t guarantee future outcomes, they do speak to our high level of commitment and engagement.

Here’s what one had to say about their experience at LawtonCates:

“I am exceptionally pleased to have chosen Mr. Stegall as my attorney to represent me in my workers’ compensation case. Mr. Stegall was very adept at arguing the laws pertaining to my matter. He was available to my schedule, pleasant and comfortable to talk with, persuasive with the opposition, and strategically wise. He also has years of experience in the Wisconsin legal system. Mr. Stegall was successful in negotiating a settlement above my expectations. It’s a pleasure to note this for others!”