Worker’s compensation insurance is a must for most wisconsin businesses if they employ three or more full-time or part-time employees. You also must have worker’s compensation insurance if you employ one or more full-time or part-time employees if you have paid combined gross wages of $500 or more in any calendar quarter for work done at one or more locations in Wisconsin.
Farmers, under certain circumstances, must also have worker’s compensation insurance if they employ six or more workers on the same day for any 20 days during the calendar year. Finally, out-of-state employers must have worker’s compensation insurance if they have employees working in Wisconsin. The insurance policy must be with an insurance company licensed to write in Wisconsin and endorsed to name Wisconsin as a covered state of their policy.
Although most employers must have worker’s compensation insurance many times they do not. In those situations, Wisconsin has made provisions whereby an injured employee can still file a claim for worker’s compensation benefits through the Uninsured Employers Fund (UEF). This is a fund that pays worker’s compensation benefits on legitimate claims filed by employees who are injured while working for uninsured Wisconsin employers. The UEF pays the injured employee’s benefits as though the uninsured employer had insurance.
To file a claim, an injured worker must:
- Complete an Uninsured Employers Fund Claim Application .
- Provide the required documentation such as copies of payroll checks, check stubs, bank records, wage statements or tax returns to the department in order to determine whether the employer is liable for the injury.
- Document any medical treatment, vocational rehabilitation services or other bills or expenses.
Once you file a claim worker’s compensation will notify you of the status of your claim within 14 days and will either forward a payment, deny the claim or provide you with a reason why the claim is still under investigation.
During the process, worker’s compensation will contact you regarding the status of your claim at least once every month until the first indemnity payment is made or the claim is denied. Once a claim is denied, then a request for hearing will have to be filed and the matter will be contested. You will have to prove that your injury did occur while you were in the course of your employment with your employer.
For your information, the funds for the Uninsured Employers Fund come for penalties assessed against employers for illegally operating a business without worker’s compensation insurance. Penalties are mandatory and non-negotiable. Uninsured employers are required to reimburse for benefit payments made by the UEF.
Even if you are injured while working for someone who does not have worker’s compensation insurance that is required to have it you can receive the benefits you are entitled under the law. If you have any questions about a worker’s compensation claim please contact me for a free, no cost, no obligation consultation.
We handle these cases on a contingency fee basis so there are no fees unless and until there is a recovery. If you have worker’s compensation questions in the Madison area call (608) 824-8540, in the Baraboo area (608) 356-3961, statewide call (866) 455-2993, email at mark@kh-law.net or check out our website at https://khtlawyers.com for more information.
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