WISCONSIN FARMERS AND WORKER’S COMP

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.

The information contained on this website is intended as an overview on subjects related to the practice of law. Each individual case is different, and laws do change, so please be aware that the circumstances and outcomes described may not apply to all cases and should not be interpreted as legal counsel. Please seek the advice of an attorney before making any decision related to legal issues.