Most employers are required to have workers’ compensation insurance in Wisconsin, but what if they don’t? Unfortunately, this happens more often than people think. Employers may not know the rules or may purposefully violate them to try to save money. The good news is that Wisconsin law gives you a path towards compensation even if your employer broke the rules.
The Wisconsin workers’ compensation lawyers at Axis Legal, LLC are ready to help you. We help injured workers even if your employer failed to follow through with their obligations. Let us help you today.
Wisconsin Employers Are Required to Carry Workers’ Compensation Insurance
Most employers have to carry workers’ compensation insurance if they:
- Employ three or more workers, or
- Employ one or more workers and pay $500 or more in wages in any calendar quarter, or
- Are a farm employer with six or more workers for 20+ days in a year.
Most employers will fit one of these categories in Wisconsin. If they still don’t have the required health insurance, the employer is violating the law. The Wisconsin Department of Workforce Development (DWD) can impose:
- Penalties
- Fines
- Stop-work orders
- Other remedies
As the injured worker, the state puts systems in place to ensure you aren’t left behind or stuck with costs because of a bad employer. Your workers’ comp attorney can help you navigate these alternatives.
You Can Still Receive Workers’ Compensation Benefits
Even if your employer is uninsured, you are still entitled to the same benefits as any other injured worker. These include:
- Medical treatment for your work-related injury
- Temporary disability benefits while you’re unable to work
- Permanent disability benefits if your injury causes lasting impairment
- Mileage reimbursement for medical travel
- Vocational retraining if you cannot return to your old job
Wisconsin does not punish workers for their employer’s failure to follow the law. Instead, the state provides a backup system to ensure your benefits are paid.
The Uninsured Employers Fund (UEF) May Pay Your Benefits
Your claim may be paid through the Uninsured Employers Fund (UEF) if your employer violates the law. This fund is specifically meant for workers that would otherwise not get coverage because their employers failed to follow the law.
Here is how it works:
- You file a workers’ compensation claim just as you normally would.
- The state investigates and confirms that your employer is uninsured.
- The UEF steps in to pay your benefits.
- The state then pursues reimbursement from your employer—not from you.
The process may take longer than a standard claim, but the benefits available to you are the same.
Your Employer May Face Serious Penalties
When an employer fails to carry workers’ comp insurance, the consequences can be severe. Wisconsin may impose:
- Financial penalties for each uninsured day
- Full reimbursement to the UEF for benefits paid to you
- Additional penalties equal to the amount of benefits paid
- Stop-work orders until insurance is obtained
These penalties are designed to protect workers and discourage employers from cutting corners.
You May Also Have the Right to Sue Your Employer
When workers’ compensation insurance is in place, you are usually not allowed to sue your employer directly for workplace injuries. If the employer has no workers’ comp insurance, they are not protected from individual lawsuits.
If your employer does not have workers’ comp insurance, you may be able to file a civil lawsuit seeking:
- Pain and suffering
- Full lost wages
- Punitive damages
- Additional compensation not available under workers’ comp
This is a powerful option, especially in cases involving serious injuries or employer negligence.
Employer Doesn’t Have Workers’ Compensation Insurance? We Are Still Here to Help
Even if your employer broke the rules and failed to carry workers’ compensation insurance, we know how to help you. You may have the right to compensation in different ways, including a direct lawsuit against your employer. Let us help you explore your options.
Worn down at work? Let the experienced Wisconsin workers’ compensation lawyers at Axis Legal, LLC review your case. Contact us today for a free, no-risk evaluation.