Chapter 102, WORKER’S COMPENSATION

102.01 Definitions. (1) This chapter may be referred to as the “Worker’s Compensation Act” and allowances, recoveries and liabilities under this chapter constitute “Worker’s Compensation”. (2) In this chapter: (af) “Commission” means the labor and industry review commission. (ag)…

102.03 Conditions of liability. (1) Liability under this chapter shall exist against an employer only where the following conditions concur: (a) Where the employee sustains an injury. (b) Where, at the time of the injury, both the employer and employee are subject to the provisio…

102.04 Definition of employer. (1) The following shall constitute employers subject to the provisions of this chapter, within the meaning of s. 102.03: (a) The state and each local governmental unit in this state. (b) 1. Every person who at any time employs 3 or more employees fo…

102.05 Election by employer, withdrawal. 102.05(1)(1) Withdrawal. 102.05(1)(a)(a) An employer, including a person engaged in farming who has become subject to this chapter, who has had no employee at any time within a continuous period of 2 years shall be deemed to have effected …

102.06 Joint liability of employer and contractor. An employer shall be liable for compensation to an employee of a contractor or subcontractor under the employer who is not subject to this chapter, or who has not complied with the conditions of s. 102.28 (2) in any case where su…

102.07 Employee defined. “Employee” as used in this chapter means: (1) (a) Every person, including all officials, in the service of the state, or of any local governmental unit in this state, whether elected or under any appointment or contract of hire, express or implied, and wh…

102.075 Election by sole proprietor, partner or member. (1) Any sole proprietor, partner or member of a limited liability company engaged in a vocation, profession or business on a substantially full-time basis may elect to be an employee under this chapter by procuring insurance…

102.076 Election by corporate officer. (1) Not more than 2 officers of a corporation having not more than 10 stockholders may elect not to be subject to this chapter. If the corporation has been issued a policy of worker’s compensation insurance, an officer of the corporation may…

102.077 Election by school district or private school. (1) A school district, private school, or institution of higher education may elect to name as its employee for purposes of this chapter a student described in s. 102.07 (12m) (b) by an endorsement on its policy of worker’s c…

102.078 Election by real estate firm. (1) A firm, as defined in s. 452.01 (4w), may elect to name as its employee for purposes of this chapter a real estate broker or salesperson who is excluded under s. 452.38 by an endorsement on its policy of worker’s compensation insurance or…

102.08 Administration for state employees. The department of administration has responsibility for the timely delivery of benefits payable under this chapter to employees of the state and their dependents and other functions of the state as an employer under this chapter. The dep…

102.11 Earnings, method of computation. (1) The average weekly earnings for temporary disability, permanent total disability, or death benefits for injury in each calendar year on or after January 1, 1982, shall be not less than $30 nor more than the wage rate that results in a m…

102.12 Notice of injury, exception, laches. No claim for compensation may be maintained unless, within 30 days after the occurrence of the injury or within 30 days after the employee knew or ought to have known the nature of his or her disability and its relation to the employmen…

102.123 Statement of employee. If an employee provides to the employer or the employer’s insurer a signed statement relating to a claim for compensation by the employee, the employer or insurer shall provide a copy of the statement to the employee within a reasonable time after t…

102.125 Fraud reporting, investigation, and prosecution. (1) FRAUDULENT CLAIMS REPORTING AND INVESTIGATION. If an insurer or self-insured employer has evidence that a claim is false or fraudulent in violation of s. 943.395 and if the insurer or self-insured employer is satisfied …

102.13 Examination; competent witnesses; exclusion of evidence; autopsy. (1) (a) Except as provided in sub. (4), whenever compensation is claimed by an employee, the employee shall, upon the written request of the employee’s employer or worker’s compensation insurer, submit to re…

102.14 Jurisdiction of department; advisory council. (1) Except as otherwise provided, this chapter shall be administered by the department. (2) The council on worker’s compensation shall advise the department in carrying out the purposes of this chapter, shall submit its recomme…

102.15 Rules; transcripts. (1) The department may promulgate rules as necessary to carry out its duties and functions under this chapter. The provisions of s. 103.005 relating to the adoption, publication, modification, and court review of rules or general orders of the departmen…

102.16 Submission of disputes, contributions by employees. (1) (a) Any controversy concerning compensation or a violation of sub. (3), including a controversy in which the state may be a party, shall be submitted to the department in the manner and with the effect provided in thi…

102.17 Procedure; notice of hearing; witnesses, contempt; testimony, medical examination. (1) (a) 1. Upon the filing with the department by any party in interest of any application in writing stating the general nature of any claim as to which any dispute or controversy may have …

102.175 Apportionment of liability. (1) If it is established at the hearing that 2 or more accidental injuries, for each of which a party to the proceedings is liable under this chapter, have each contributed to a physical or mental condition for which benefits would be otherwise…

102.18 Findings, orders and awards. (1) (a) All parties shall be afforded opportunity for full, fair, public hearing after reasonable notice, but disposition of application may be made by compromise, stipulation, agreement, or default without hearing. When the department issues a…

102.19 Alien dependents; payments through consular officers. In case a deceased employee, for whose injury or death compensation is payable, leaves surviving alien dependents residing outside of the United States, the duly accredited consular officer of the country of which such …

102.195 Employees confined in institutions; payment of benefits. In case an employee is adjudged mentally ill or incompetent or convicted of a felony, and is confined in a public institution and has wholly dependent upon the employee for support a person whose dependency is deter…

102.20 Judgment on award. If any party presents a certified copy of the award to the circuit court for any county, the court shall, without notice, render judgment in accordance with the award. A judgment rendered under this section shall have the same effect as though rendered i…

102.21 Payment of awards by local governmental units. When an award is made under this chapter or s. 66.191, 1981 stats., against any local governmental unit, the person in whose favor the award is made shall file a certified copy of the award with the clerk of the local governme…

102.22 Penalty for delayed payments; interest. (1) If the employer or his or her insurer inexcusably delays in making the first payment that is due an injured employee for more than 30 days after the date on which the employee leaves work as a result of an injury and if the amoun…

102.23 Judicial review. (1) (a) 1. The findings of fact made by the commission acting within its powers shall, in the absence of fraud, be conclusive. The order or award granting or denying compensation, either interlocutory or final, whether judgment has been rendered on the ord…

102.24 Remanding record. (1) Upon the setting aside of any order or award, the court may recommit the controversy and remand the record in the case to the commission for further hearing or proceedings, or it may enter the proper judgment upon the findings of the commission, as th…

102.25 Appeal from judgment on award. (1) Any party aggrieved by a judgment entered upon the review of any order or award may appeal the judgment within the period specified in s. 808.04 (1). A trial court may not require the commission or any party to the action to execute, serv…

102.26 Fees and costs. (1) No fees may be charged by the clerk of any circuit court for the performance of any service required by this chapter, except for the entry of judgments and certified transcripts of judgments. In proceedings to review an order or award, costs as between …

102.27 Claims and awards protected; exceptions. (1) Except as provided in sub. (2), no claim for compensation shall be assignable, but this provision shall not affect the survival thereof; nor shall any claim for compensation, or compensation awarded, or paid, be taken for the de…

102.28 Preference of claims; worker’s compensation insurance. (1) PREFERENCE. The whole claim for compensation for the injury or death of any employee or any award or judgment thereon, and any claim for unpaid compensation insurance premiums are entitled to preference in bankrupt…

102.29 Third party liability. (1) (a) The making of a claim for compensation against an employer or compensation insurer for the injury or death of an employee shall not affect the right of the employee, the employee’s personal representative, or other person entitled to bring ac…

102.30 Other insurance not affected; liability of insured employer. (1) This chapter does not affect the organization of any mutual or other insurance company or the right of the employer to insure in mutual or other companies against such liability or against the liability for t…

102.31 Worker’s compensation insurance; policy regulations. (1) (a) Every contract for the insurance of compensation provided under this chapter or against liability therefor is subject to this chapter and provisions inconsistent with this chapter are void. (b) Except as provided…

102.315 Worker’s compensation insurance; employee leasing companies. (1) DEFINITIONS. In this section: (a) “Bureau” means the Wisconsin compensation rating bureau under s. 626.06. (b) “Client” means a person that obtains all or part of its nontemporary, ongoing employee workforce…

102.32 Continuing liability; guarantee settlement, gross payment. (1m) In any case in which compensation payments for an injury have extended or will extend over 6 months or more after the date of the injury or in any case in which death benefits are payable, any party in interes…

102.33 Forms and records; public access. (1) The department shall print and furnish free to any employer or employee any blank forms that are necessary to facilitate efficient administration of this chapter. The department shall keep any record books or records that are necessary…

102.35 Penalties. (1) Every employer and every insurance company that fails to keep the records or to make the reports required by this chapter or that knowingly falsifies such records or makes false reports shall pay a work injury supplemental benefit surcharge to the state of n…

102.37 Employers’ records. Every employer of 3 or more persons and every employer who is subject to this chapter shall keep a record of all accidents causing death or disability of any employee while performing services growing out of and incidental to the employment. This record…

102.38 Records and reports of payments. Every insurance company that transacts the business of compensation insurance, and every employer who is subject to this chapter, but whose liability is not insured, shall keep a record of all payments made under this chapter and of the tim…

102.40 Reports not evidence in actions. Reports furnished to the department pursuant to ss. 102.37 and 102.38 shall not be admissible as evidence in any action or proceeding arising out of the death or accident reported.

102.42 Incidental compensation; medical treatment and expenses. (1) TREATMENT OF EMPLOYEE. Subject to the limitations under sub. (1p), the employer shall supply such medical, surgical, chiropractic, psychological, podiatric, dental, and hospital treatment, medicines, medical and …

102.423 Health service fee schedule. (1) DEFINITIONS. In this section: (a) “Eligible hospital” has the meaning given under s. 50.38 (1). (b) “Items or services” means hospital facility services that are “items and services,” as defined under 45 CFR 180.20. (2) APPLICABILITY. (a) …

102.425 Prescription and nonprescription drug treatment. (1) DEFINITIONS. In this section: (a) “Dispense” has the meaning given in s. 450.01 (7). (b) “Drug” has the meaning given in s. 450.01 (10). (c) “Drug product equivalent” has the meaning given in s. 450.13 (1e). (cm) “Licen…

102.43 Weekly compensation schedule. If the injury causes disability, an indemnity shall be due as wages commencing the 4th calendar day from the commencement of the day the scheduled work shift began, exclusive of Sundays only, excepting where the employee works on Sunday, after…

102.44 Maximum limitations. Section 102.43 shall be subject to the following limitations: (1) (ag) Notwithstanding any other provision of this chapter, every employee who is receiving compensation under this chapter for permanent total disability or continuous temporary total dis…

102.45 Benefits payable to minors; how paid. Compensation and death benefit payable to an employee or dependent who was a minor when the employee’s or dependent’s right began to accrue, may, in the discretion of the department, be ordered paid to a bank, trust company, trustee, p…

102.46 Death benefit. Where death proximately results from the injury and the deceased leaves a person wholly dependent upon him or her for support, the death benefit shall equal 4 times his or her average annual earnings, but when added to the disability indemnity paid and due a…