Wisconsin Statutes
Wis. Stat. § 102.06 (2026)
Joint liability of employer and contractor
✓ current as of July 2026
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102.06102.06 Joint liability of employer and contractor. An employer shall be liable for compensation to an employee of a contractor or subcontractor under the employer who is not subject to this chapter, or who has not complied with the conditions of s. 102.28 (2) in any case where such employer would have been liable for compensation if such employee had been working directly for the employer, including also work in the erection, alteration, repair or demolition of improvements or of fixtures upon premises of such employer which are used or to be used in the operations of such employer. The contractor or subcontractor, if subject to this chapter, shall also be liable for such compensation, but the employee shall not recover compensation for the same injury from more than one party. The employer who becomes liable for and pays such compensation may recover the same from such contractor, subcontractor or other employer for whom the employee was working at the time of the injury if such contractor, subcontractor or other employer was an employer as defined in s. 102.04. This section does not apply to injuries occurring on or after the first day of the first July beginning after the day that the secretary files the certificate under s. 102.80 (3) (a), except that if the secretary files the certificate under s. 102.80 (3) (ag) this section does apply to claims for compensation filed on or after the date specified in that certificate.
102.06 AnnotationA “contractor under the employer” is one who regularly furnishes to a principal employer materials or services that are integrally related to the finished product or service provided by that principal employer. Green Bay Packaging, Inc. v. DILHR, 72 Wis. 2d 26, 240 N.W.2d 422 (1976).
102.06 AnnotationA franchisee was a “contractor under” a franchisor within the meaning of this section. Maryland Casualty Co. v. DILHR, 77 Wis. 2d 472, 253 N.W.2d 228 (1977).
102.06 AnnotationWorker’s Compensation—Liability of Principal Employer for Injuries to Employees of his Contractors or Subcontractors. Eiche. 1977 WLR 185.
Notes of Decisions
Cited in 33
cases, 1926–2010 · leading case: Acuity Mut. Ins. v. Olivas, 2007 WI 12 (Wis. 2007).
Acuity Mut. Ins. v. Olivas, 2007 WI 12 (Wis. 2007). “See Wis. Stat. § 102.06 . But contractors are not liable for injuries to a subcontractor and his employees when the subcontractor has elected to become an employer by purchasing an employer's worker's compensation policy.”
Tatera v. FMC Corp., 2010 WI 90 (Wis. 2010). “Pursuant to Wis. Stat. § 102.06 , if an injured employee's direct employer fails to carry worker's compensation, the principal employer may be liable for paying worker's compensation to the employee.”
Green Bay Packaging, Inc. v. Dep't of Indus., Labor & Human Relations, 240 N.W.2d 422 (Wis. 1976). “, within the meaning of sec. 102.06, Stats. The circuit court reversed a determination to that effect by the Department of Industry, Labor, and Human Relations.”
Wagner v. Cont'l Cas. Co., 421 N.W.2d 835 (Wis. 1988). “*386 We recognize that sec. 102.06, Stats., [3] provides that where there is a failure of the direct employer to carry worker's compensation, the owner/general contractor may be liable for paying worker's compensation to the employee.”
Braun v. Jewett, 85 N.W.2d 364 (Wis. 1957). “When an employee so loaned is injured in the course of that service, he may at his option claim workmen’s compensation from either the general employer *536 or the special employer, although of course he cannot recover double compensation; and if the general employer pays him…”
Gansch v. Nekoosa Papers, Inc., 449 N.W.2d 307 (Wis. Ct. App. 1989). “The temporary employer's liability is at least contingent under sec. 102.06, Stats. [6] I conclude that contingent *689 responsibility is sufficient to invoke immunity from tort liability.”
Kaelber Plumbing & Heating & Sentry Ins. v. Labor & Indus. Review Comm'n, 465 N.W.2d 829 (Wis. Ct. App. 1991). “Macemon; Kaelber contests LIRC's findings that Macemon was a loaned employee under sec. 102.06, Stats. 1 We reject Kaelber's argument and affirm.”
Ocean Accident & Guarantee Corp. v. Poulsen, 12 N.W.2d 129 (Wis. 1943). “On May 26, 1942, the Welling Construction Company assigned its claim under the provisions of sec. 102.06, Stats., to the plaintiff. The claim not being paid, this action was begun to recover the sum paid from Peter Poulsen and Paul Winther Poulson.”
Meka v. Falk Corp., 306 N.W.2d 65 (Wis. 1981). “An employer shall be liable for compensation to an employe of a contractor or subcontractor under the employer who is not subject to this chapter, or who has not complied with the conditions of s. 102.28(2) in any case where such employer would have been liable for compensation…”
Gansch v. Nekoosa Papers, Inc., 463 N.W.2d 682 (Wis. 1990). “06, Stats, which provides as follows: Section 102.06. Joint liability of employer and contractor; loaned employes.”
C.W. Transp., Inc. v. Labor & Indus. Review Comm'n, 383 N.W.2d 921 (Wis. Ct. App. 1986). “2d 364, 367 [1957]); sec. 102.06, Stats. Claimant seeks compensation from C.”
State v. LIRC, 401 N.W.2d 585 (Wis. 1987). “" The majority concludes that because there is no express provision in the statutes for the filing of a claim for total permanent compensation after the *302 employee's death, it follows that no award can be made of compensation for the first time after that employee's death.”
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