Workers’ Compensation In Wisconsin And Independent Contractors
The vast majority of employees in Wisconsin are covered by no-fault workers’ compensation insurance. An employer has a duty to ensure that it obtains the proper, legally mandated coverage for all of its employees. The key term is “employees” — employers in Wisconsin do not need to provide workers’ comp insurance coverage for the independent contractors that they rely on. In this blog post, our workers’ compensation lawyer in Wisconsin explains the key things to know about the rights of independent contractors who were hurt on the job.
Employers Must Provide Workers’ Comp Coverage for Employees, Not Contractors
Wisconsin has broad workers’ compensation coverage requirements in place. The state mandates that all employers with three or more part-time or full-time employees must obtain insurance immediately. An employer with one or two total employees has some additional time to get workers’ comp coverage. As noted previously, the state mandates workers’ comp coverage for employees. Workers’ comp insurance does not need to cover contractors.
Classification Rules: Employers Do Not Get to Decide Who Is an Independent Contractor
An employer does not get to choose who is an independent contractor. Under Wisconsin state law (Wis. Stats. § 102.07(8)), there is a complex set of standards in place that an individual must meet in order to be lawfully classified as an independent contractor. If a worker is improperly misclassified as an independent contractor instead of an employee, they may be missing out on key workplace benefits, including the right to workers’ comp insurance. Businesses and organizations in Wisconsin can face serious sanctions for misclassifying workers.
Strict Nine-Point Test for Wisconsin Independent Contractors
Although federal law may govern in some situations, most often, classification can be done based upon state law, especially in the areas of workers’ compensation, unemployment tax liability, and wage and hour requirements.
For the purpose of workers’ compensation, the state of Wisconsin determines a worker’s status using a strict nine-point test. In order to be classified as an independent contractor and hence be exempt from compensation coverage, a worker must meet all the nine conditions listed below:
- The worker must operate a separate business.
- The worker must have a Federal Employer Identification Number (FEIN) or must have filed a business tax return with the IRS in the previous year.
- The worker must operate under a specific contract.
- The worker must be responsible for operating expenses.
- The worker must be accountable for performance of the work.
- The worker must be paid on the basis of contract, job, bid, or commission.
- The worker must be subject to profit or loss from performing the work.
- The worker must have recurring business obligations.
- The worker’s position must be such that he either succeeds or fails if his business expenses exceed his income.
According to the Wisconsin Supreme Court’s ruling, an individual who fails to meet any of these nine requirements is not an independent contractor.
Schedule a Free Consultation With Our Work Injury Lawyer in Milwaukee
If you were hurt on the job and your worker’s compensation claim is being denied because they are classifying you as an independent contractor, you need to speak to a qualified Wisconsin worker’s compensation attorney. We can determine whether you are an employee or an independent contractor under the law. If you are an employee, we can fight for your worker’s compensation benefits.
At Gillick, Wicht, Gillick & Graf, our Wisconsin work injury attorneys in Milwaukee have a passion for protecting the rights of our clients. You and your family deserve the maximum financial compensation after a work-related accident. Contact our work injury legal team today at 414-257-2667 for a free, no-obligation review and evaluation of your case. From our Milwaukee office, we represent injured employees throughout Wisconsin.
