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Know if your employer must offer workers’ compensation

| Nov 2, 2020 | Workers' Compensation

If you work for a company here in Wisconsin, you may readily assume that they have workers’ compensation (WC) coverage in place to cover you if you get hurt. That’s not necessarily the case, however. While the Worker’s Compensation Act (WCA) requires most employers to carry such coverage, some don’t. Others are exempt from this rule.

The WCA requires Wisconsin employers to have WC coverage if they meet one of three conditions.

Employers must have WC coverage if they have one or more part- or full-time employees on their staff that makes $500 or more per quarter. Wisconsin gives any company that meets this threshold until the tenth day for the first month of the second quarter to procure WC coverage.

Any Wisconsin company with three or greater part- or full-time workers must also have WC coverage that goes into effect immediately from the time they hire on their third employee.

Farmers who have six or more farmhands working for them at least 20 days per year must have WC coverage that goes into effect to cover them no more than ten days after they hit that landmark.

Wisconsin’s WCA covers both public and private employees, no matter whether they’re full- or part-time ones. This law also covers minors, corporate officers and even a company owner’s employed family members.

The WCA doesn’t classify certain farmers’ relatives, those belonging to specific religions, most realtors or real estate brokers, limited liability company members, partners or sole proprietors or domestic servants as employees. State law also excludes most people who work in a different industry from their employer’s occupation or for a Native American tribe or volunteer from receiving WC.

Sorting out whether Wisconsin law requires your employer to maintain WC coverage may not be overly straightforward. If you’re wondering, “when should I talk to an attorney about a workers’ compensation claim,” then the time is now. You may need to seek treatment for your injury or illness within a specific time frame after its onset. A workers’ compensation attorney can advise you whether state law requires your employer to have coverage and how you can best tap into it when you need it the most.