How Temporary Disability In Wisconsin Works (2026)

Short-Term Disability in Wisconsin

Short-term disability insurance (STDI) covers your wages if you suffer a debilitating injury or illness. This is an additional bonus as part of your employer’s insurance and is not required by law. Alternatively, you can receive it from your own privately purchased insurance.

Wisconsin Short-Term Disability Laws and Eligibility

Generally, short-term disability covers your salary for between three and six months. Individual policies may vary, but anyone who files a short-term disability claim can typically expect the following:

• If a claim is approved, the policy generally covers 50 to 75% of your salary.
• Benefits usually last from 90 days to 180 days, but some policies cover up to two years.
• Most policies set a weekly dollar cap on wages (regardless of salary).

There isn't a state-mandated short-term disability program in Wisconsin, as there is in many other states, so you will need to provide a significant amount of evidence from medical professionals to prove that you sustained a disabling condition.

What Conditions Are Covered by Short-Term Disability in Wisconsin?

When you think of disability, you might picture a serious physical injury sustained at work. That certainly qualifies, but short-term disability covers more conditions than you may realize. Here are a few examples:

• Serious illnesses that require an extended recovery period
• Injuries that aren’t related to work
• Surgeries and recovery periods
• Conditions related to pregnancy
• Some mental health conditions

Short-term disability policies differ in terms of what’s covered and what isn’t. Before you apply for short-term disability, it’s essential to take a close look at your policy.

Who Provides and Pays for STDI?

Since short-term disability insurance is not mandated by the state, private companies pay to provide it, but your own policy may offer it as well.

How to Apply for Short-Term Disability

To receive temporary disability in Wisconsin, you will need to file either with your employer’s insurance or your own. Fill out the appropriate paperwork and give it to your doctor to complete. Once that’s done, you can submit it.

Processing Time and What to Expect

Your benefits may not begin right after your disability develops. Typically, you will have to wait between seven and 14 days after filing, during which you won’t receive income.

Temporary Disability Benefits and Wage Loss Under Workers’ Comp

With temporary disability as part of workers’ compensation, you receive a percentage of your weekly wages. If you usually work overtime, that can be considered when calculating your average wage as well. It’s also important to note that you may still be eligible for temporary partial disability if you have been cleared for some work.

Whether you get partial disability through a private insurance company or through workers’ compensation, your benefit is usually based on the difference between your pre-injury wage and what you’re making now. In many cases, you will receive two-thirds of the wage difference.

How Retirement Affects Temporary Disability Benefits

You might wonder what happens if you retire while receiving short-term disability benefits. One notable Wisconsin case, Mueller v. LIRC, dealt with this same issue.

A furniture store employee was injured on the job and started receiving temporary disability benefits. While receiving those benefits, she decided to retire. That decision was not related to the injury. When her former employer terminated her temporary disability benefits, she filed a lawsuit.

The court upheld the termination of benefits, saying that in order to qualify, an employee must be able to show that their injury is causing wage loss. If an employee retires, that decision to do so, not their injury, is the cause of lost wages.

In short, if you retire while on temporary disability, your benefits will most likely stop.

If Your Short-Term Disability Claim Is Denied

If your short-term disability claim is denied, you may be entitled to appeal. Insurance companies often search for any reason not to pay out the benefits you deserve, so working with an attorney can allow you to fight for fair compensation.

People tend to feel hesitant to contact a workers’ compensation lawyer because they’re worried they won’t be able to afford legal fees. However, many of these attorneys don’t require upfront payment.

Instead, most workers’ compensation lawyers collect a contingent fee, which means that they take a portion of any compensation they recover for you. If they don’t recover any compensation, you pay nothing.

Each lawyer sets up their own fee schedule, though. Make sure you understand the fees your lawyer collects before you agree to work with them.

Understanding Your Rights Under ERISA

The Employee Retirement Income Security Act (ERISA) is a federal law regulating employer-sponsored health and insurance plans. These are some key federal protections to keep in mind if your claim is denied:

• The insurance company is required to send you a letter with specific reasons for denial.
• The denial letter must state what provisions of your policy were used to make the determination.
• If internal rules or guidelines influenced the denial, the insurer must inform you.
• The letter must tell you what documentation you need to send to validate the claim.
• The letter must include the steps you need to take to appeal a denial and notify you of your right to sue.

Under ERISA, you have 60 days to file an appeal.

How to Appeal a Denied Claim

Before you file your appeal, make sure you understand the reason for your claim denial. You should receive a letter from the insurance company detailing the reason for the denial. If need be, you should contact the insurer for clarification.

From there, you will generally need to take the following steps:

• Gather any additional medical documentation not included in the original claim.
• Ask your doctor to write a letter explaining how your injuries limit your ability to work.
• Write an appeal letter rebutting the reasons for denial.
• Continue to follow up with the insurer after submitting the appeal.
• File a second appeal if the first one is denied.
• If the second appeal is denied, file an insurance complaint with the Wisconsin Office of the Commissioner of Insurance (OCI).
• If needed, consider working with a litigation lawyer to pursue legal action.

You aren’t required to work with a lawyer when you appeal a denied disability claim. However, it’s not a bad idea to talk to a lawyer before filing your appeal. Attorneys who routinely deal with insurance companies generally know what it takes to craft a strong appeal.

When to Seek Legal Help

If you’re not sure how to file for temporary disability in Wisconsin or your claim was denied, it’s time to hire an experienced attorney to assist you. At ConsumerShield, we can put you in contact with leading lawyers in your area who can guide you every step of the way. Fill out our form to get started today.