Wisconsin Statutes

Wis. Stat. § 102.22 (2026)

Penalty for delayed payments; interest

✓ current as of July 2026

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102.22102.22 Penalty for delayed payments; interest.

102.22(1)(1) If the employer or his or her insurer inexcusably delays in making the first payment that is due an injured employee for more than 30 days after the date on which the employee leaves work as a result of an injury and if the amount due is $500 or more, the payments as to which the delay is found shall be increased by 10 percent. If the employer or his or her insurer inexcusably delays in making the first payment that is due an injured employee for more than 14 days after the date on which the employee leaves work as a result of an injury, the payments as to which the delay is found may be increased by 10 percent. If the employer or his or her insurer inexcusably delays for any length of time in making any other payment that is due an injured employee, the payments as to which the delay is found may be increased by 10 percent. If the delay is chargeable to the employer and not to the insurer, s. 102.62 applies and the relative liability of the parties shall be fixed and discharged as provided in that section. The department may also order the employer or insurance carrier to reimburse the employee for any finance charges, collection charges, or interest that the employee paid as a result of the inexcusable delay by the employer or insurance carrier.

102.22(2)(2) If any sum that the department orders to be paid is not paid when due, that sum shall bear interest at the rate of 10 percent per year. The state is liable for interest on awards issued against it under this chapter. The department has jurisdiction to issue an award for payment of interest under this subsection at any time within one year after the date of its order or, if the order is appealed, within one year after final court determination. Interest awarded under this subsection becomes due from the date the examiner’s order becomes final or from the date of a decision by the commission, whichever is later.

102.22(3)(3) If upon petition for review the commission affirms an examiner’s order, interest at the rate of 7 percent per year on the amount ordered by the examiner shall be due for the period beginning on the 21st day after the date of the examiner’s order and ending on the date paid under the commission’s decision. If upon petition for judicial review under s. 102.23 the court affirms the commission’s decision, interest at the rate of 7 percent per year on the amount ordered by the examiner shall be due up to the date of the commission’s decision, and thereafter interest shall be computed under sub. (2).

102.22 HistoryHistory: 1977 c. 195; 1979 c. 110 s. 60 (13); 1979 c. 278; 1981 c. 92; 1983 a. 98; 1985 a. 83; 1993 a. 81; 2015 a. 55; 2025 a. 33.

102.22 AnnotationThe Department of Industry, Labor and Human Relations can assess the penalty for inexcusable delay in making payments prior to the entry of an order. The question of inexcusable delay is one of law and the courts are not bound by the department’s finding as to it. Milwaukee County v. DILHR, 48 Wis. 2d 392, 180 N.W.2d 513 (1970).

102.22 AnnotationThe penalty under sub. (1) does not bar an action for bad faith for failure to pay a claim. Coleman v. American Universal Insurance Co., 86 Wis. 2d 615, 273 N.W.2d 220 (1979).

Notes of Decisions

Cited in 11 cases, 1970–2008 · leading case: Aslakson v. Gallagher Bassett Servs., Inc., 2007 WI 39 (Wis. 2007).

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Aslakson v. Gallagher Bassett Servs., Inc., 2007 WI 39 (Wis. 2007). · cites it 8× “Specifically, it concluded that Wis. Stat. § 102.22 (1973-74), which imposed a penalty for late payments, did not bar Coleman's claim.”

Brown v. Labor & Indus. Review Comm'n, 2003 WI 142 (Wis. 2003). · cites it 3× “The state of mind required for a bad faith penalty may be better understood upon examination of Wis. Stat. § 102.22 (1), which imposes a penalty for inexcusable neglect.”

Beverly Enter., Inc. v. Wisconsin Labor & Indus. Review Comm'n, 2002 WI App 23 (Wis. Ct. App. 2001). · cites it 14× “18(l)(bp); 3 a 10% increase in compensation for inexcusable delay in payment under Wis. Stat. § 102.22 (1); 4 and interest under § 102.”

Bosco v. Labor & Indus. Review Comm'n, 2003 WI App 219 (Wis. Ct. App. 2003). · cites it 8× “(Bosco did not seek a penalty under Wis. Stat. § 102.22 (1) for inexcusable delay.”

Christopher R. Brown, D.D.S., Inc. v. Decatur Cnty. Mem'l Hosp., 892 N.E.2d 642 (Ind. 2008). · cites it 2× “§ 23-4 -16a (LexisNexis 2005); Wis. Stat. Ann. § 102.22 (West 2004). [3] Added to this mix is the lack of consensus on the question of whether unpaid and overdue medical expenses owed to a third party are treated the same as compensation benefits owed to the injured worker.”

Bosco v. Labor & Indus. Review Comm'n, 2004 WI 77 (Wis. 2004). · cites it 2× “Finally, the ALJ's order denied jurisdiction for Bosco to *598 litigate a claim under Wis. Stat. § 102.22 (1) for inexcusable delay, as this claim was not pled in the hearing application.”

Employers Ins. of Wausau v. Smith, 453 N.W.2d 856 (Wis. 1990). · cites it 2× “14 Section 102.22(1), Stats. 1987-88. See Milwaukee County v.”

Milwaukee Cnty. v. Dep't of Indus., Labor & Human Relations, 180 N.W.2d 513 (Wis. 1970). · cites it 5× “This view was not acceptable to Milwaukee County and on January 23, 1968, a hearing was held to determine whether Milwaukee County was liable for 10 percent additional compensation pursuant to sec. 102.22, Stats., 1 for inexcusable delay in *395 making compensation payments to…”

Land & Marine Rental Co. v. Rawls, 686 P.2d 1187 (Alaska 1984). “Law §§ 20, 24 (McKinney 1965), § 221 (McKinney Supp.1982-83); N.”

North Am. Mech., Inc. v. Labor & Indus. Review Comm'n, 460 N.W.2d 835 (Wis. Ct. App. 1990). · cites it 5× “The imposition by LIRC of a ten percent penalty for inexcusable delay under sec. 102.22(1), Stats., was implicitly upheld.”

Coleman v. Am. Universal Ins. Co., 273 N.W.2d 220 (Wis. 1979). · cites it 3× “Moreover, sec. 102.22, Stats., would be applicable to an inexcusable delay in payment although no bad faith were shown.”

— Wis. Stat. § 102.22(1) — 6 cases

Aslakson v. Gallagher Bassett Servs., Inc., 2007 WI 39 (Wis. 2007). “Specifically, it concluded that Wis. Stat. § 102.22 (1973-74), which imposed a penalty for late payments, did not bar Coleman's claim.”

Employers Ins. of Wausau v. Smith, 453 N.W.2d 856 (Wis. 1990). “14 Section 102.22(1), Stats. 1987-88. See Milwaukee County v.”

Brown v. Labor & Indus. Review Comm'n, 2003 WI 142 (Wis. 2003). “The state of mind required for a bad faith penalty may be better understood upon examination of Wis. Stat. § 102.22 (1), which imposes a penalty for inexcusable neglect.”

Beverly Enter., Inc. v. Wisconsin Labor & Indus. Review Comm'n, 2002 WI App 23 (Wis. Ct. App. 2001). “18(l)(bp); 3 a 10% increase in compensation for inexcusable delay in payment under Wis. Stat. § 102.22 (1); 4 and interest under § 102.”

North Am. Mech., Inc. v. Labor & Indus. Review Comm'n, 460 N.W.2d 835 (Wis. Ct. App. 1990). “The imposition by LIRC of a ten percent penalty for inexcusable delay under sec. 102.22(1), Stats., was implicitly upheld.”

— Wis. Stat. § 102.22(2) — 1 case

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