Jump ahead to learn:
- Is Wisconsin Workers’ Compensation insurance required?
- How does Wisconsin Workers’ Compensation work?
- Workers’ Compensation coverage benefits in Wisconsin
- Wisconsin Workers’ Comp death benefits
- What are Wisconsin Workers’ Compensation insurance rates?
- What if you don’t have Workers’ Compensation insurance in Wisconsin?
- Who is exempt from Wisconsin Workers’ Comp laws?
- How NEXT helps Wisconsin small business owners
Is Wisconsin Workers’ Compensation insurance required?
Yes, in the state of Wisconsin, most employers must carry workers’ compensation insurance unless they are self-insured or qualify for exemption. According to state laws, you must have Wisconsin workers’ comp if your business:
- Employs three or more full-time or part-time employees.
- Employs one or more full-time or part-time employees who earn $500 or more in any calendar quarter.
- Is a farm that employs six or more workers on the same day for any 20 days during the calendar year.
- Operates out-of-state, but has employees working in Wisconsin.
Sole proprietors, partners, and limited liability company (LLC) members are generally exempt but can choose to purchase coverage. “Employee” includes full-time, part-time, family members and minors.
How does Wisconsin Workers’ Compensation work?
In Wisconsin, a workers’ compensation program helps provide benefits to employees injured or made ill on the job.
It can help cover:
- Medical expenses
- Lost wages
- Rehabilitation and physical therapy
- Retraining if you can no longer do your job
- Permanent injury
- Death benefits and survivor benefits
The system is no-fault, meaning employees don’t have to prove negligence to receive benefits. Generally, the benefits are an “exclusive remedy” for the injured employee — employees receive compensation faster, and employers are protected from employee injury lawsuits.
The Wisconsin Department of Workforce Development (DWD) Division of Worker’s Compensation is responsible for administrating and regulating the state’s workers’ comp laws.
The state does not provide workers’ compensation coverage. Employers can get insured through an insurance agent or purchase online via workers’ compensation insurance companies in Wisconsin.
If you hold a workers’ comp policy with NEXT, we strive to resolve every claim quickly. Learn more about our claims process and how our claims advocates will work with you after an employee’s work-related illness or injury.
Workers’ Compensation coverage benefits in Wisconsin
Workers who are injured or become ill due to job-related tasks may be eligible for the following workers’ compensation benefits:
- Medical benefits: Coverage of all reasonable and necessary medical expenses.
- Temporary partial disability (TPD )and temporary total disability (TTD) benefits: Two-thirds of an employee’s earnings, subject to a weekly maximum, are paid to the injured worker until they recover from the work-related injuries and return to work.
- Permanent total benefits: Injured workers who are 100% disabled due to a work-related injury are entitled to receive two-thirds of their earnings subject to a weekly maximum amount for the remainder of their lives.
- Permanent partial benefits: After the healing period has ended, workers who sustain permanent partial disability receive additional compensation of two-thirds of their earnings, subject to a weekly maximum and date of injury, for a specified number of weeks depending on the disability.
- Vocational rehabilitation: The cost of rehabilitation is fully covered, and the injured worker is entitled to weekly indemnity payments during the rehabilitation period.
Wisconsin Workers’ Comp death benefits
If an employee dies from a workplace injury or disease, their dependents may be eligible for death benefits. Benefits include a payment capped at four times the worker’s average annual earnings.
Dependents are typically a surviving spouse or registered domestic partner and children under 18 (or older if disabled). If no spouse or dependent children exist, other dependent relatives may qualify. The spouse/partner usually receives the full death benefit, with additional amounts potentially for children.
The employer or insurance carrier must also pay up to $10,000 for funeral expenses.
