By now, readers of this blog probably have a good idea about how workers’ compensation in Wisconsin is handled. It is important that people who are considering filing a claim know how a worker’s classification can impact workers’ compensation claims.
Not all workers are automatically eligible for workers’ compensation coverage. Typically, the worker has to be classified as an employee to qualify for coverage. This means that independent contractors and some other workers wouldn’t qualify. Consultants, who are usually contractors, wouldn’t necessarily qualify for workers’ compensation coverage. In these cases, you might have to use alternative methods to seek compensation if you are injured because of the company’s actions while you work.
Some workers fall under the exempt category, which means that they wouldn’t qualify for coverage under workers’ compensation programs. These include domestic employees, such as nannies and caregivers, undocumented workers, seasonal or migrant workers and agriculture workers. Workers’ compensation claims in these situations would likely be denied because of the worker type.
Temporary staffing agency workers are another category of worker that have some exceptions. In most cases, the agency that you are hired through would be the one that has to have workers’ compensation coverage for required workers. The company that you are working at might not need to have the coverage.
If you are injured on the job and find out that you are classified as a worker who doesn’t qualify for coverage, you may need to explore whether your classification is correct. In some cases, you might have been incorrectly classified as an ineligible worker.
Source: FindLaw, “Workers' Compensation Eligibility,” accessed Nov. 17, 2016