Wisconsin farmers and employees typically assume that farm work is exempt from worker’s compensation insurance requirements. However, some farmers are required to provide worker’s comp insurance for their employees. Specifically, farmers who employ 6 or more employees on any 20 consecutive or non-consecutive days during a calendar year are required to provide worker’s comp insurance. Employees working in different locations are counted together. Additionally, there are other rules when determining whether a farm worker counts as an “employee.” For example, the farmer’s parents, spouse, child, brother, sister, son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law, or sister-in-law are not deemed employees. Further, a “shareholder-employee of a family farm corporation” is also not considered an employee. Therefore, while it is tricky to determine whether a farmer is required to provide worker’s compensation, it is wrong to assume that farmers are automatically exempt from providing insurance.

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