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What factors determine your workers' compensation coverage?

If you are injured while on the job, you may think that you are automatically covered by workers' compensation through your employer. Unfortunately, this is not always the case. In some cases, it can actually be a rather complicated matter to determine whether or not you actually qualify and are actually covered.

Usually, there are two factors that come into play in helping to make this determination. First, it must be established as to whether you are actually considered an employee for the company or if you are classified as an independent contractor. Employees typically receive hourly pay or a salary and their payroll taxes are taken out of their check by the employer. Independent contractors, on the other hand, are not actually considered to be on the payroll and generally only work for an employer as needed with no taxes taken out of the amount that they are paid. This means that if you are an independent contractor who is injured by a piece of equipment while on the company job-site, the company may be liable for the injuries that you suffer, but you would not be entitled to workers' compensation.

The second factor that makes this determination as to whether or not you are entitled to workers' compensation involves whether your injury actually occurred as a result of your employment. If you are off the clock, but fall while engaging in horseplay on the job-site, you would typically not be covered. Also, if you are on the clock, but are under the influence of drugs or alcohol while working, or if you injured yourself intentionally, you may not be covered under your employer's workers' compensation.

Individuals who are hurt on the job may find valuable information about their legal rights on the website.

Awards & Recognition

Our peers and independent third-party organizations have recognized the hard work and dedication we put into every case. This has led to numerous awards and accolades.

  1. Rated By Super Lawyers | Russel D. Nicolet
    Super Lawyers Rising Stars
    Avvo Rating 10.0 Superb | Top Attorney Personal Injury Avvo Rating 10.0 Superb | Top Attorney Bankruptcy
  2. The American Association of Legal Advocates Wisconsin Association for Justice BBB Accredited Business - A+
  3. Minnesota State Bar Association American Bar Association State Bar of Wisconsin
  4. BV Distinguished | Lexis Nexis | Martindale-Hubbell | For Ethical Standards and Legal Ability The National Trial Lawyers

Office Locations

Regional Office Map

Hudson Office
511 2nd Street Suite 203
Hudson, WI 54016

Phone: 715-802-0872
Hudson Office

Superior Office
1507 Tower Ave Suite 210B
Superior, WI 54880

Phone: 715-802-0872
Superior Office

Rice Lake Office
337 N. Main Street
Rice Lake, WI 54868

Toll Free: 800-456-6956
Rice Lake Office

Eau Claire Office
402 Graham Ave, Suite 305
Eau Claire, WI 54701

Eau Claire Office

St. Paul Office
332 Minnesota Street, Suite 3172
St. Paul, MN 55101

Phone: 651-243-2872
St. Paul Office

Amery Office
228 Keller Ave N.
Suite 3A
Amery, WI 54001

Toll Free: 800-456-6956
Amery Office

Maplewood Office
2097 E. County Road D
Suite B-200
Maplewood, MN 55109

Phone: 651-243-2872
Maplewood Office

Nicolet Law Office, S.C. helps people throughout Western Wisconsin and Minnesota including; Hudson, Eau Claire, Superior, Amery, Rice Lake, Chippewa Falls, River Falls, Menomonie, Hayward, New Richmond, Spooner, Bloomer and Barron.

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