Wisconsin Statutes
Wis. Stat. § 102.05 (2026)
Election by employer, withdrawal
✓ current as of July 2026
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102.05(1)(a)(a) An employer, including a person engaged in farming who has become subject to this chapter, who has had no employee at any time within a continuous period of 2 years shall be deemed to have effected withdrawal, which shall be effective on the last day of that 2-year period.
102.05(1)(b)1.1. If an employer has not, in every calendar quarter in a calendar year, employed 3 employees and has not paid wages of at least $500 for employment in this state, the employer may file a withdrawal notice with the department, which shall take effect 30 days after the date of such filing or at such later date as is specified in the notice. Such employer may again become subject to this chapter as provided by s. 102.04 (1) (b) and (e). This subdivision shall not apply to farmers.
102.05(1)(b)2.2. Any person engaged in farming who has become subject to this chapter may withdraw by filing with the department a notice of withdrawal, if the person has not employed 6 or more employees as defined by s. 102.07 (5) on 20 or more days during the current or previous calendar year. Such withdrawal shall be effective 30 days after the date of receipt by the department, or at such later date as is specified in the notice. Such person may again become subject to this chapter as provided by s. 102.04 (1) (c) and (e).
102.05(1)(c)(c) If an employer who is subject to this chapter only because the employer elected to become subject to this chapter under sub. (2) cancels or terminates his or her contract for the insurance of compensation under this chapter, that employer is deemed to have effected withdrawal, which shall be effective on the day after the contract is canceled or terminated.
102.05(2)(2) Election. Any employer who enters into a contract for the insurance of compensation, or against liability therefor, shall be deemed thereby to have elected to accept the provisions of this chapter, and such election shall include farm laborers, domestic servants and employees not in the course of a trade, business, profession or occupation of the employer if such intent is shown by the terms of the policy. Such election shall remain in force until withdrawn in the manner provided in sub. (1) (c).
102.05 AnnotationAn injured worker who never had individuals in his service as employees and did not otherwise fulfill the statutory definition of an employer was not an employer, because he had parachuted a worker’s compensation policy. Lloyd Frank Logging v. Healy, 2007 WI App 249, 306 Wis. 2d 385, 742 N.W.2d 337, 07-0692.
Notes of Decisions
Cited in 13
cases, 1925–2016 · leading case: Acuity Mut. Ins. v. Olivas, 2007 WI 12 (Wis. 2007).
Acuity Mut. Ins. v. Olivas, 2007 WI 12 (Wis. 2007). “04 (1)(b) or (1)(e), he then is deemed thereby to have elected, as an employer who has entered into a contract for the insurance of compensation, or against the liability therefore, as provided in Wis. Stat. § 102.05 , to become subject to the provisions of Chapter 102.”
Acuity Ins. v. Whittingham, 2007 WI App 210 (Wis. Ct. App. 2007). “Once an employer, always an employer (unless one closes up shop or fires one's employees and subsequently withdraws from the worker's compensation statute under Wis. Stat. § 102.05 ). ¶ 10. The Commission concluded, however, that the statute excludes a person from coverage only…”
Lloyd Frank Logging v. Healy, 2007 WI App 249 (Wis. Ct. App. 2007). “See Wis. Stat. § 102.05 (2). 1 Therefore, as an employer, Healy could not also be an employee.”
Interstate Power Co. v. Indus. Comm'n, 234 N.W. 889 (Wis. 1931). “34, inclusive, may be claimed, shall, in the manner provided in section 102.05, have elected to become subject to the provisions of sections 102.”
Guse v. Indus. Comm'n, 205 N.W. 428 (Wis. 1925). “08, shall be considered- the same and shall have the same power of contracting as adult employees), but not including any person whose employment is not in the usual course of the trade, business, profession, or occupation of his employers, unless such employer has, by an…”
Hansen v. Indus. Comm'n, 7 N.W.2d 881 (Wis. 1943). “(1), (2), and (3) of sec. 102.05, Stats., the plaintiff was subject to the act at the time of Hlavacek’s injury because he did not on or after abandoning the contracting business in 1931 formally withdraw as provided hy those statutes the election to come under the act that he…”
Stapleton v. Indus. Comm'n, 26 N.W.2d 677 (Wis. 1947). ““(3) Every person, firm and private corporation (including any public-service corporation) to whom subsection (2) is not applicable, who has any person in service under any contract of hire, express or implied, oral or written, and who, at or prior to the time of the injury to…”
Heal v. Indus. Comm'n, 221 N.W. 389 (Wis. 1928). “(3), sec. 102.05, Stats. 1925, which reads as follows: “Any employer who shall enter into a contract for the insurance of the compensation provided for in sections 102.”
Ploetz v. Indus. Comm'n, 217 N.W. 325 (Wis. 1928). “08, shall be considered the same and shall have the same power of contracting as adult employees), but not including any person whose employment is not in the usual course of the trade, business, profession, or occupation of his employers, unless such employer has, by an…”
Schanen v. Indus. Comm'n, 228 N.W. 520 (Wis. 1930). “08, shall be considered the same and shall have the same power of contracting as adult employees), but not including any person whose employment is not in the usual course of the trade, business, profession, or occupation of his employers, unless such employer has, by an…”
Noyce v. Aggressive Metals, Inc., 2016 WI App 58 (Wis. Ct. App. 2016). “04 (2) (1943), which stated that an employer is defined as a person who "usually employs 3 or more employes," and Wis. Stat. § 102.05 (1) and (2) (1943), which deemed an employer who employed three employees "at any time" to be subject to the Act, unless the employer elected in…”
Connor Lumber & Land Co. v. Indus. Comm'n, 12 N.W.2d 67 (Wis. 1943). “(2) of sec. 102.05, Stats., that “This subsection shall not apply to farmers or to farm labor,” neither Drunkowski nor the plaintiff as his employer was subject to the compensation act, in the absence of the election on the part of the employer to become subject thereto either…”
— Wis. Stat. § 102.05(2) — 2 cases
Acuity Mut. Ins. v. Olivas, 2007 WI 12 (Wis. 2007). “04 (1)(b) or (1)(e), he then is deemed thereby to have elected, as an employer who has entered into a contract for the insurance of compensation, or against the liability therefore, as provided in Wis. Stat. § 102.05 , to become subject to the provisions of Chapter 102.”
Noyce v. Aggressive Metals, Inc., 2016 WI App 58 (Wis. Ct. App. 2016). “04 (2) (1943), which stated that an employer is defined as a person who "usually employs 3 or more employes," and Wis. Stat. § 102.05 (1) and (2) (1943), which deemed an employer who employed three employees "at any time" to be subject to the Act, unless the employer elected in…”
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