Wisconsin workers' compensation insurance: Your ultimate resource

Understanding Wisconsin workers' compensation insurance

Wisconsin is a vibrant state known for its Midwestern charm. From the pristine shores of Lake Michigan to the rolling hills of the Driftless Area, the Badger State offers a diverse landscape that captivates visitors and residents alike. Renowned for its rich dairy farming tradition, Wisconsin is affectionately called "America’s Dairyland." Its allure extends beyond agriculture, with cities like Madison as hubs of innovation, education and culture.

As home to major industries ranging from manufacturing and healthcare to technology and tourism, Wisconsin presents many opportunities for businesses to flourish. When it comes to protecting your business and its employees, selecting the right workers’ compensation insurance is crucial.

What is workers' compensation?

Workers’ compensation is a state-mandated insurance program for employers with three or more employees. It’s designed to provide medical and financial protection for employees who suffer work-related injuries or illnesses.

Full and part-time workers are considered employees under Wisconsin workers’ compensation law. 

Without workers’ compensation, the cost of an injured employee’s medical treatment could become the responsibility of your business.

Wisconsin workers' compensation laws

The Wisconsin Department of Workforce Development administers the workers’ comp law in the state. The law requires employers with three or more employees to be covered by an active workers’ compensation insurance policy.    

Workers’ comp coverage can be obtained through a partner like EverPeak Insurance. The Wisconsin Department of Workforce Development can approve self-insured requests based on financial requirements.

Employees can use the Wisconsin Compensation Rating Bureau’s verification tool to ensure their employer has coverage.

Coverage and benefits

Who is covered?

Policies include protection for full and part-time employees.

Some exemptions from workers’ comp in Wisconsin include:

  • Domestic servants
  • Some farm employees
  • Volunteer workers, including nonprofit volunteers
  • Federal government employees
  • Interstate railroad workers 

Covered injuries and illnesses

Workers' compensation covers a range of work-related injuries and illnesses, including physical injuries resulting from an accident and occupational diseases developed over time due to job conditions. 

Benefits provided

Wisconsin workers’ comp insurance provides four types of benefits for work injuries:

  • Medical benefits
  • Lost wages 
  • Vocational rehabilitation
  • Death benefits

These benefits include:

  • Medical treatment for work-related accidents, injuries and/or illnesses 
  • Temporary disability benefits 
  • Permanent disability benefits
  • Rehabilitation services
  • Benefits for funeral expenses and surviving dependants

Wisconsin workers’ compensation rates

The weekly compensation rate in Wisconsin is two-thirds of the employee’s average weekly wage, not to exceed a maximum amount set by the law. 

Find more information on Wisconsin’s benefit rates.

Wisconsin workers' compensation insurance process

Filing a workers' compensation claim

In the event of a work-related injury or illness: 

Step 1: Employee reports injury to employer 

Employees in Wisconsin should report their injury to their employer immediately.

Step 2: Seek medical care

The employee should immediately seek medical attention. 

Step 3: Employer reports injury

Once notified of the injury, employers should file a report of the accident to their workers' compensation insurance carrier within seven days.

Step 4: Receive benefits

If an employer’s insurance provider accepts the claim, the worker should begin receiving benefits to cover medical expenses and lost wages. 

Step 5: Return to work safely or receive permanent disability benefits

Following their recovery, a worker is expected to resume work safely. If a work injury has left an injured employee unable to do any type of work, the employee might be entitled to permanent disability benefits.

Choosing a healthcare provider 

In Wisconsin, the injured worker can select a doctor for treatment. If the injured worker isn’t satisfied with the initial doctor, they may choose a second doctor. They must notify their employer and workers’ comp insurer of the new selection. Any further changes must be mutually agreed upon by the employee, employer and workers’ comp insurer. 

Compensation for missed work

If an employee is out of work:

  • Less than three days: They are not eligible for temporary disability payments. 
  • More than three but less than seven days: They are eligible for lost time benefits beginning on the fourth day. 
  • More than seven days: They are eligible for benefits retroactive to the first day they stopped work.   

Resolving disputes

If an employee or employer wishes to dispute a claim, they can contact the Department of Workforce Development’s Workers’ Compensation Division for assistance.

How to get workers' compensation

Insurance requirements for employers

Employers in Wisconsin with three or more employees must carry workers' compensation insurance or qualify for self-insurance. Compliance with this requirement is essential to protect both the employer and employees.

Choosing the right insurance provider

When selecting a workers' compensation insurance provider, consider factors such as the provider's experience in the industry, financial stability, coverage options, claims process, customer service, and cost. 

We recommend requesting multiple quotes and comparing the offerings before making a decision.

Covering your business and employees with a trusted insurance partner — like EverPeak — brings peace of mind so you can focus on your bottom line.

Insurance regulations, laws, and available coverages can change. The information provided on this website is for general informational purposes only. Please consult the
Wisconsin
Departments of Insurance and/or Labor for the most up-to-date and detailed information.

Information updated as of January 1, 2024
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Frequently asked questions

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What are the penalties for non-compliance with workers' compensation laws in Wisconsin?

Employers who fail to provide workers’ compensation coverage must pay twice the premium amount not paid during the uninsured period or $750, whichever is greater. The Workers’ Compensation Division may also order the employer to cease operations until the business obtains coverage.

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Can an employee sue their employer for a work-related injury or illness?

In most cases, employees in Wisconsin are barred from suing their employers for work-related injuries or illnesses. The workers' compensation system provides an exclusive remedy, meaning that employees typically cannot file a lawsuit against their employers. Instead, they must pursue a workers' compensation claim to receive benefits for their injuries or illnesses.

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Are independent contractors covered by workers' compensation insurance?

Generally, independent contractors aren’t covered by workers' compensation insurance in Wisconsin. Workers' compensation laws typically apply to employees rather than independent contractors. However, it's important to note that the classification of a worker as an independent contractor or an employee can be complex, and misclassification can lead to legal disputes. If unsure whether an independent contractor should be treated as an employee, seek legal guidance.

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How long do I have to report a work-related injury or illness?

Ideally, the incident should be reported immediately or within a few days of the occurrence. Prompt reporting helps ensure the necessary steps are taken to initiate the workers' compensation claims process.

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How do I verify an employer’s coverage?

Employees can use the Wisconsin Compensation Rating Bureau’s verification tool to ensure their employer has coverage.

Expert assistance and resources