Wisconsin Statutes

Wis. Stat. § 102.01 (2026)

Definitions

✓ current as of July 2026

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102.01102.01 Definitions.

102.01(1)(1) This chapter may be referred to as the “Worker’s Compensation Act” and allowances, recoveries and liabilities under this chapter constitute “Worker’s Compensation”.

102.01(2)(2) In this chapter:

102.01(2)(af)(af) “Commission” means the labor and industry review commission.

102.01(2)(ag)(ag) “Commissioner” means a member of the commission.

102.01(2)(am)(am) “Compensation” means worker’s compensation.

102.01(2)(ap)(ap) “Department” means the department of workforce development.

102.01(2)(bm)(bm) “General order” means such order as applies generally throughout the state to all persons, employments, places of employment or public buildings, or all persons, employments or places of employment or public buildings of a class under the jurisdiction of the department. All other orders of the department shall be considered special orders.

102.01(2)(c)(c) “Injury” means mental or physical harm to an employee caused by accident or disease, and also means damage to or destruction of artificial members, dental appliances, teeth, hearing aids and eyeglasses, but, in the case of hearing aids or eyeglasses, only if such damage or destruction resulted from accident which also caused personal injury entitling the employee to compensation therefor either for disability or treatment.

102.01(2)(d)(d) “Local governmental unit” means a political subdivision of this state; a special purpose district or taxing jurisdiction, as defined in s. 70.114 (1) (f), in this state; an instrumentality, corporation, combination, or subunit of any of the foregoing; or any other public or quasi-public corporation.

102.01(2)(dm)(dm) “Order” means any decision, rule, regulation, direction, requirement, or standard of the department, or any other determination arrived at or decision made by the department.

102.01(2)(e)(e) “Primary compensation and death benefit” means compensation or indemnity for disability or death benefit, other than increased, double or treble compensation or death benefit.

102.01(2)(eg)(eg) “Religious sect” means a religious body of persons, or a division of a religious body of persons, who unite in holding certain special doctrines or opinions concerning religion that distinguish those persons from others holding the same general religious beliefs.

102.01(2)(em)(em) “Secretary” means the secretary of workforce development.

102.01(2)(f)(f) “Temporary help agency” means an employer who places its employee with or leases its employees to another employer who controls the employee’s work activities and compensates the first employer for the employee’s services, regardless of the duration of the services.

102.01(2)(g)(g) Except as provided in s. 102.555 with respect to occupational deafness, “time of injury”, “occurrence of injury”, or “date of injury” means:

102.01(2)(g)1.1. In the case of accidental injury, the date of the accident which caused the injury.

102.01(2)(g)2.2. In the case of disease, the date of disability or, if that date occurs after the cessation of all employment that contributed to the disability, the last day of work for the last employer whose employment caused disability.

102.01(2)(gm)(gm) “Wisconsin compensation rating bureau” means the bureau provided for in s. 626.06.

102.01(2)(h)(h) “Uninsured employer” means an employer that is in violation of s. 102.28 (2).

102.01(2)(j)(j) “Uninsured employers fund” means the fund established under s. 102.80 (1).

102.01(2)(jm)(jm) “Uninsured employer surcharge” means the surcharge under s. 102.85 (4).

102.01(2)(k)(k) “Workweek” means a calendar week, starting on Sunday and ending on Saturday.

102.01 HistoryHistory: 1975 c. 147 ss. 7 to 13, 54; 1975 c. 200; 1979 c. 89, 278; 1981 c. 92; 1983 a. 98, 189; 1985 a. 83; 1987 a. 179; 1989 a. 64; 1995 a. 27 ss. 3737 to 3741, 9130 (4); 1995 a. 117, 417; 1997 a. 3; 1999 a. 9, 14; 2001 a. 37; 2003 a. 139; 2007 a. 20; 2015 a. 55, 180; 2025 a. 33, 145.

102.01 AnnotationIn an occupational disease claim, the examiner may find the date of injury to be other than the last day of work. Royal-Globe Insurance Co. v. DILHR, 82 Wis. 2d 90, 260 N.W.2d 670 (1978).

102.01 AnnotationAn intentionally inflicted injury, unexpected and unforeseen by the injured party, is an accident under sub. (2) (c). Jenson v. Employers Mutual Casualty Co., 161 Wis. 2d 253, 468 N.W.2d 1 (1991). But see Peterson v. Arlington Hospitality Staffing, Inc., 2004 WI App 199, 276 Wis. 2d 746, 689 N.W.2d 61, 03-2811.

102.01 AnnotationCessation of employment under sub. (2) (g) 2. does not require that the employee no longer be employed, but requires that the employee no longer be employed in the employment that contributed to the disability. If that is the case, the employer that caused the injury is responsible. North River Insurance Co. v. Manpower Temporary Services, 212 Wis. 2d 63, 568 N.W.2d 15 (Ct. App. 1997), 96-2000.

102.01 AnnotationSub. (2) (g) sets the date of injury of an occupational disease, and s. 102.42 (1) provides that medical expenses incurred before an employee knows of the work-related injury are compensable. Read together, medical expenses in occupational disease cases are not compensable until the date of injury, but once the date is established all expenses associated with the disease, even if incurred before the date of injury, are compensable. United Wisconsin Insurance Co. v. LIRC, 229 Wis. 2d 416, 600 N.W.2d 186 (Ct. App. 1999), 97-3776.

102.01 AnnotationSub. (2) (g) 2. does not represent a comprehensive statement of a claimant’s burden of proof nor does it abrogate the requirement of s. 102.03 (1) (e) that the claimant must prove that the injury arose out of employment. It merely sets out a mechanism for fixing the time, occurrence, or date of an injury for purposes of identifying the proper employer against whom a claim may be made. White v. LIRC, 2000 WI App 244, 239 Wis. 2d 505, 620 N.W.2d 442, 00-0855.

102.01 AnnotationIn the case of disease, the date of disability under sub. (2) (g) 2. was the date when the employee could no longer work, not when the employee first underwent an employer-required medical examination. Virginia Surety Co. v. LIRC, 2002 WI App 277, 258 Wis. 2d 665, 654 N.W.2d 306, 02-0031.

102.01 AnnotationA company in the business of loaning employees was not a “temporary help agency” under sub. (2) (f) when that company placed an employee with another employer who paid the loaning company, but without the loaning company’s knowledge assigned the employee to a third company. The statute requires that the employee is placed by the temporary help agency to the employer who will supervise that work. M.M. Schranz Roofing, Inc. v. First Choice Temporary, 2012 WI App 9, 338 Wis. 2d 420, 809 N.W.2d 880, 11-0345.

Notes of Decisions

Cited in 83 cases (6 in the last 5 years), 1927–2024 · leading case: Cnty. of La Crosse v. Wisconsin Emp. Relations Comm'n, 513 N.W.2d 579 (Wis. 1994).

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Cnty. of La Crosse v. Wisconsin Emp. Relations Comm'n, 513 N.W.2d 579 (Wis. 1994). · cites it 20× “Section 102.01(1) provides that chapter 102 "may be referred to as the `Worker's Compensation Act' and allowances, recoveries and liabilities under this chapter constitute `Worker's Compensation.”

Epic Staff Mgmt., Inc. v. Labor & Indus. Review Comm'n, 2003 WI App 143 (Wis. Ct. App. 2003). · cites it 17× “Epic also claims that the commission incorrectly concluded that Epic meets the definition of a "temporary help agency" under Wis. Stat. § 102.01 (2)(f) (2001-02). 2 ¶ 3.”

M. M. Schranz Roofing, Inc. v. First Choice Temp., 2012 WI App 9 (Wis. Ct. App. 2011). · cites it 30× “8, 2010); see also Wis. Stat. §§ 102.01 (2)(f) and 102.04(2m).”

Gansch v. Nekoosa Papers, Inc., 449 N.W.2d 307 (Wis. Ct. App. 1989). · cites it 16× “Section 102.01 (2)(f), Stats., provides that " '[temporary help agency' means an employer who places its employe with another employer who controls the employe's work activities and compensates the first employer for the employe's services.”

Jenson v. Employers Mut. Cas. Co., 468 N.W.2d 1 (Wis. 1991). · cites it 7× “Injury under sec. 102.01(2)(c), Stats., includes "mental harm.”

Gen. Cas. Co. v. Labor & Indus. Review Comm'n, 477 N.W.2d 322 (Wis. Ct. App. 1991). · cites it 12× “Joseph Cusick, testified that his occupational back disease was caused by multiple small traumas sustained in part during his ten-year employment with Sharon Plumbing between 1973 and 1983.”

Beecher v. Labor & Indus. Review Comm'n, 2004 WI 88 (Wis. 2004). · cites it 4× “By according less than the appropriate level of deference, a court invades, albeit indirectly, the province of the legislature.”

United Wisconsin Ins. v. Labor & Indus. Review Comm'n, 600 N.W.2d 186 (Wis. Ct. App. 1999). · cites it 10× “Section 102.01(2)(g), STATS., defines "date of injury" in pertinent part as: "[i]n the case of disease, the date of disability or, if that date occurs after the cessation of all employment that contributed to the disability, the last day of work for *421 the last employer whose…”

Aslakson v. Gallagher Bassett Servs., Inc., 2007 WI 39 (Wis. 2007). · cites it 4× “[15] Wis. Stat. § 102.01 (2)(ap). [16] Wis. Stat.”

Gansch v. Nekoosa Papers, Inc., 463 N.W.2d 682 (Wis. 1990). · cites it 6× “Section 102.01 (2) (f) does not state that a temporary help agency refers only to an employer in the business of placing its émployees with another employer.”

Peronto v. Case Corp., 2005 WI App 32 (Wis. Ct. App. 2005). · cites it 16× “29(6), Compass must be considered a "temporary help agency," which is defined in Wis. Stat. § 102.01 (2)(f). ¶ 9. A "temporary help agency" is not limited under the statutes to an employer, such as Kelly Services or Manpower, Inc.”

Lentz v. Young, 536 N.W.2d 451 (Wis. Ct. App. 1995). · cites it 4× “Section 102.01(2)(c), STATS., defines an "injury" as "mental or physical harm to an employe caused by accident or disease .”

Show all 83 citing cases →

— Wis. Stat. § 102.01(1) — 2 cases

Cnty. of La Crosse v. Wisconsin Emp. Relations Comm'n, 513 N.W.2d 579 (Wis. 1994). “Section 102.01(1) provides that chapter 102 "may be referred to as the `Worker's Compensation Act' and allowances, recoveries and liabilities under this chapter constitute `Worker's Compensation.”

Baldwin v. Labor & Indus. Review Comm'n, 599 N.W.2d 8 (Wis. Ct. App. 1999).

— Wis. Stat. § 102.01(2) — 4 cases

Gen. Cas. Co. v. Labor & Indus. Review Comm'n, 477 N.W.2d 322 (Wis. Ct. App. 1991). “Joseph Cusick, testified that his occupational back disease was caused by multiple small traumas sustained in part during his ten-year employment with Sharon Plumbing between 1973 and 1983.”

Wagner v. Indus. Comm'n, 79 N.W.2d 264 (Wis. 1956).

Epic Staff Mgmt., Inc. v. Labor & Indus. Review Comm'n, 2003 WI App 143 (Wis. Ct. App. 2003). “Epic also claims that the commission incorrectly concluded that Epic meets the definition of a "temporary help agency" under Wis. Stat. § 102.01 (2)(f) (2001-02). 2 ¶ 3.”

M. M. Schranz Roofing, Inc. v. First Choice Temp., 2012 WI App 9 (Wis. Ct. App. 2011). “8, 2010); see also Wis. Stat. §§ 102.01 (2)(f) and 102.04(2m).”

— Wis. Stat. § 102.01(2)(am) — 5 cases

Welter v. City of Milwaukee, 543 N.W.2d 815 (Wis. Ct. App. 1995).

Maribel Santiago v. Didion Milling, Inc. (Wis. Ct. App. 2024).

In re Brien, 128 B.R. 220 (E.D. Wis. 1991).

— Wis. Stat. § 102.01(2)(ap) — 1 case

Francis G. Graef v. Cont'l Indem. Co. (Wis. Ct. App. 2020).

— Wis. Stat. § 102.01(2)(bm) — 2 cases

Wisconsin Legislature v. Andrea Palm, 2020 WI 42 (Wis. 2020).

— Wis. Stat. § 102.01(2)(c) — 27 cases

Jenson v. Employers Mut. Cas. Co., 468 N.W.2d 1 (Wis. 1991). “Injury under sec. 102.01(2)(c), Stats., includes "mental harm.”

Lentz v. Young, 536 N.W.2d 451 (Wis. Ct. App. 1995). “Section 102.01(2)(c), STATS., defines an "injury" as "mental or physical harm to an employe caused by accident or disease .”

Wolf v. F & M Banks, 534 N.W.2d 877 (Wis. Ct. App. 1995).

— Wis. Stat. § 102.01(2)(f) — 10 cases

Gansch v. Nekoosa Papers, Inc., 449 N.W.2d 307 (Wis. Ct. App. 1989). “Section 102.01 (2)(f), Stats., provides that " '[temporary help agency' means an employer who places its employe with another employer who controls the employe's work activities and compensates the first employer for the employe's services.”

Gansch v. Nekoosa Papers, Inc., 463 N.W.2d 682 (Wis. 1990). “Section 102.01 (2) (f) does not state that a temporary help agency refers only to an employer in the business of placing its émployees with another employer.”

M. M. Schranz Roofing, Inc. v. First Choice Temp., 2012 WI App 9 (Wis. Ct. App. 2011). “8, 2010); see also Wis. Stat. §§ 102.01 (2)(f) and 102.04(2m).”

Borneman v. Corwyn Transp., Ltd., 567 N.W.2d 887 (Wis. Ct. App. 1997).

— Wis. Stat. § 102.01(2)(g) — 5 cases

United Wisconsin Ins. v. Labor & Indus. Review Comm'n, 600 N.W.2d 186 (Wis. Ct. App. 1999). “Section 102.01(2)(g), STATS., defines "date of injury" in pertinent part as: "[i]n the case of disease, the date of disability or, if that date occurs after the cessation of all employment that contributed to the disability, the last day of work for *421 the last employer whose…”

North River Ins. v. Manpower Temp. Servs., 568 N.W.2d 15 (Wis. Ct. App. 1997).

Virginia Sur. Co. v. Wisconsin Labor & Indus. Review Comm'n, 2002 WI App 277 (Wis. Ct. App. 2002).

White v. Labor & Indus. Review Comm'n, 2000 WI App 244 (Wis. Ct. App. 2000).

— Wis. Stat. § 102.01(c) — 2 cases

Douglass v. State, Reg. & Licensing Dep't, 812 P.2d 1331 (N.M. Ct. App. 1991).

Means v. Baltimore Cnty., 689 A.2d 1238 (Md. 1997).

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