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The A-Z guide to Wisconsin Workers' Comp

Wisconsin Workers’ Compensation Requirements

Under the Wisconsin Workers’ Compensation Act, employers must accommodate all employees with workers’ compensation insurance coverage if they have three or more workers. Benefits provided include medical treatments, compensation for disabilities, and wage replacements.

Required with

3

employee

Self-employed workers aren’t required to have coverage.

Who can be exempt?

  • Real estate brokers, agents, and salespersons
  • Organized religious groups 
  • Farm employees related to farmers
  • Domestic employees
  • Native American tribal enterprise employees

Is workers’ comp insurance required in Wisconsin? 

Wisconsin workers’ comp insurance laws mandate coverage for employers with three or more employees, or an employer has to pay gross wages of $500 or more in a calendar quarter. 

Farmers who hire six or more helpers for 20 or more days in a calendar year must also have workers’ compensation insurance. 

Making workers’ comp coverage mandatory ensures employees receive financial assistance for work-related accidents and incidents while employers have limited liability. 

Do you need workers’ compensation coverage if you’re self-employed?

According to Wisconsin workers’ comp insurance laws, self-employed workers aren’t required to have coverage. However, elective coverage is available, which provides self-employed individuals with the same benefits as those traditionally employed. 

This option gives them personal protection, but if a self-employed worker chooses to expand their business and hire employees, they must provide workers’ compensation insurance.

Who is exempt from Wisconsin workers’ comp requirements?

In Wisconsin, there are a few workers’ compensation insurance exemptions, such as: 

  • Real estate brokers, agents, and salespersons
  • Organized religious groups 
  • Volunteers for non-profit organizations who receive $10 or less weekly
  • Farm employees related to farmers, such as parents, children, and siblings
  • Domestic employees, like nannies and housekeepers
  • Native American tribal enterprise employees (unless the tribe elects to waive its immunities)

How much is workers’ comp coverage in Wisconsin?

Your Wisconsin workers’ comp rate will depend on the following factors:

  • The type of business you have
  • The size of your payroll
  • Your safety record
  • Claim history
workers comp policy cost

How can Wisconsin small business owners save money on workers' comp?

Small businesses' most common mistake is ignoring safety programs when evaluating ways to save money on workers’ compensation insurance coverage. Educating employees with routine updates and information on safety protocols will ensure a safer workplace, reduce injuries, and help save cash on coverage over time.

Insurance companies may also give you a discount for having an active policy so make sure to tell your agent so he can ask for one.

Other ways to save money on workers’ comp includes: 

  • Use correct class codes. Use codes that represent correct job roles and duties. Employers will pay more premiums if a job is misclassified as a higher risk. 
  • Work with a knowledgeable agent who will complete the workers’ compensation coverage application correctly. A professional's keen eye helps you see things you may otherwise miss. 
  • Consider pay-as-you-go plans with flexible premiums that change with your workforce. These plans are based on your current payroll instead of the estimated payroll. 

Another way to comply with Wisconsin workers’ compensation insurance laws and save money is to implement a return-to-work program. This allows injured workers to come back and do lighter, slower tasks so they can start earning money again while they recover.

How does workers’ comp work in WI?

Under Wisconsin workers’ comp insurance law, when an employee is injured at work, they must report it immediately to their employer. The employer is then required to report the injury to their insurance provider.

Injured or sick employees are entitled to medical treatment for work-related incidents or accidents. They can choose a practitioner from an insurance-provided list of licensed healthcare professionals, helping strengthen their claim and hasten the approval process. 

What does workers’ comp cover in Wisconsin?

Workers who file a workers' comp claim in Wisconsin can receive benefits for the following:

workers comp covers medical bills

Medical bills

workers comp covers lost wages

Lost Wages

Workers' comp coverage also protects employers from legal action. This means that if an employee sues your business because of a workplace injury, the insurance will cover the legal costs of the case.

How to get workers’ comp insurance in Wisconsin?

Start by gathering all your business information. Then reach out to an insurance agent and ask for a few insurance quotes. Then compare the quotes and pick the one that is the best fit for your business. Not every policy is the same so make sure you understand all the details.

Once you sign the policy, you’ll have to pay the premium on the schedule you choose and you’ll be covered for the next 12 months. The payment options will differ by carrier so ask what your options are.

If any of your employees get hurt in that timeframe, the insurance policy will cover their medical expenses and lost wages until they are ready to come back to work.

What can happen if I don’t have workers’ comp insurance in Wisconsin? 

Non-compliance with Wisconsin workers’ compensation insurance laws is met with consequences, such as: 

  • Fees of double the insurance premiums you should have paid during the uninsured period, from $750 and up
  • Daily fines of $100 for up to a week
  • Business closure. Wisconsin's Workers’ Compensation Division can cease business operations if non-compliance persists.
FAQ talk bubbles

FAQS

What are workers’ comp death benefits in WI?

Wisconsin workers’ compensation insurance laws mandate that the death benefit for surviving dependents is equal to four times the amount of a deceased worker’s annual wage. For instance, if the worker’s annual wages were $60,000, the death benefit would be $240,000, typically paid in a lump sum. 

Other death benefits include: 

  • Funeral and burial expenses up to $10,000. 
  • Weekly wage benefits for surviving children under 18.

How do workers’ comp settlements work in WI?

Workers’ compensation settlements in Wisconsin begin with negotiations between an employee and an employer. The injured worker seeks restitution for lost wages and medical expenses, and an agreement is reached in writing. 

The agreement is then sent to the Wisconsin Workers’ Compensation Division, where it is approved or denied. Approval results in a settlement paid in a lump sum of periodic, structured payments. Once a settlement has been paid out, the injured worker cannot request additional compensation for the same injury or illness, even if their condition worsens. 

What are the statutes of limitations regarding workers’ comp in WI?

  • For traumatic injuries occurring on or after March 2, 2016, workers have six years to file a claim. This includes traumatic brain injuries, fractures, or loss of limbs. 
  • The statute of limitations for occupational diseases or exposure to hazardous materials that result in chronic illness is twelve years. 

How do I get a workers’ comp insurance policy with Kickstand Insurance?

Start by filling out a short online form about your business. We’ll use that info to get you an estimated quote. Then, one of our experienced agents will contact you to review the quote and make sure you are getting the absolutely lowest rate possible for your business. Once the quote is finalized, you’re ready to buy the policy - often with coverage starting that day!

Learn more about Workers' Comp in Wisconsin

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