Posted in Personal injury
Most Wisconsin employers are legally required to carry workers’ compensation insurance. This is not optional. Under the Wisconsin Workers’ Compensation Act, businesses with three or more employees, or any employer who pays $500 or more in wages in any quarter, must maintain coverage. The requirement exists to protect workers who get hurt on the job, regardless of who was at fault.
When an employer follows the law, an injured worker files a claim, the insurer processes it, and benefits flow from there. The system is not always smooth, but there is a clear path forward. When an employer does not have coverage, that path becomes less obvious. That does not mean you are out of options.
What the Uninsured Employers Fund Covers
Wisconsin created the Uninsured Employers Fund (UEF) specifically to address situations where a worker is injured on the job and their employer has failed to carry required coverage. The UEF steps in to pay benefits that the employer should have provided through insurance.
Benefits available through the UEF include:
- Medical treatment costs related to the work injury
- Temporary total disability wage replacement while you recover
- Permanent disability benefits if your injury results in lasting impairment
- Vocational rehabilitation benefits if you cannot return to your previous position
The UEF does not excuse the employer from responsibility. Wisconsin can pursue the uninsured employer directly for reimbursement of everything the fund pays out, and the employer may also face separate penalties for failing to carry required coverage.
How to Access the Uninsured Employers Fund
Filing a claim through the UEF follows a similar process to a standard workers’ compensation claim, but with some important differences. You will need to file an application with the Wisconsin Department of Workforce Development (DWD), which administers the fund. The DWD will investigate whether your employer was required to carry coverage, whether they failed to do so, and whether your injury qualifies.
Timing matters. Wisconsin workers’ compensation claims have filing deadlines, and a claim against the UEF is no exception. Delays in reporting your injury or filing paperwork can jeopardize your ability to collect benefits.
Working with a Glendale workers compensation lawyer from the start gives you a better chance of filing correctly and meeting all required deadlines without missing a step.
Can You Also Sue Your Employer Directly?
Yes. In most standard workers’ compensation cases, an injured worker cannot file a personal injury lawsuit against their employer because workers’ comp is the exclusive remedy. That protection generally only applies to employers who are actually carrying coverage.
When an employer is uninsured and operating illegally, Wisconsin law may allow an injured worker to pursue a civil lawsuit against that employer directly. This opens the door to potential recovery for pain and suffering, which is not available through a standard workers’ comp claim.
Whether a civil lawsuit makes strategic sense depends on the financial situation of the employer and other case-specific factors. It is a real avenue worth understanding, not one to dismiss without a proper legal review.
What to Do After a Work Injury With an Uninsured Employer
Finding out your employer has no insurance can feel like the ground shifting under you. The steps you take immediately after still matter.
Document Everything
Write down how the injury happened, when it happened, and who witnessed it. Seek medical treatment right away and keep records of every appointment, diagnosis, and expense. The same documentation that supports a standard workers’ comp claim supports a UEF claim.
Do Not Assume You Have No Recourse
Many injured workers in this situation assume they are simply out of luck. They are not. The UEF exists precisely because Wisconsin recognized that workers should not bear the cost of an employer’s failure to follow the law.
Hickey & Turim, S.C. represents injured workers across Wisconsin, including those whose employers were uninsured at the time of the accident. If you were hurt on the job and are unsure where to turn, speaking with a Glendale workers compensation lawyer can help you understand what benefits are available and what steps to take next. Reach out today to get the information you need.
