Wisconsin Workers' Compensation laws & HR compliance analysis

Wisconsin Workers' Compensation: What you need to know

All employers in Wisconsin must cover their workers for workers' compensation insurance. The only exceptions are those in the following categories (WI Gen. Stat. Sec. 102.01 et seq.):
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• Employees working for an employer with a quarterly payroll of less than $500 and with three or fewer workers.
• Those working for agricultural employers that employ no more than six people on any 20 days during the year.
• Members of farmers' families, including parents, spouses, children, brothers, sisters, and in-laws working on the family farm.
• Domestic servants (coverage is voluntary).
• Volunteers, including volunteers of nonprofit organizations that receive money or other items of value in the amount of $10 per week or less.
• People whose employment is not in the course of the employer's trade, business, or profession (but people who perform casual or isolated services that are in the course of the employer's business are covered).
• Sole proprietors, members of limited-liability companies, and partners are not automatically covered but may elect coverage for up to two officers in a closely held corporation. Includes participants in community work experience programs.
• An independent contractor is considered an employee of any employer for whom he or she is working, except when the independent contractor meets certain enumerated conditions.
Workers' compensation is a “no-fault” system. Since it makes no difference who is at fault, employees do not have to prove that the employer's negligence caused the injury. To be compensable under workers' compensation, the injury need only arise out of the employment. The term “injury” includes occupational diseases arising out of the employment. There are special ...

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