Wisconsin Statutes
Wis. Stat. § 102.60 (2026)
Minor illegally employed
✓ current as of July 2026
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102.60(1m)(1m) When the injury is sustained by a minor who is illegally employed, the employer, in addition to paying compensation to the minor and death benefits to the dependents of the minor, shall pay the following amounts into the state treasury, for deposit in the fund established under s. 102.65:
102.60(1m)(a)(a) An amount equal to the amount recoverable by the injured employee, but not to exceed $7,500, if the injured employee is a minor of permit age and at the time of the injury is employed, required, suffered, or permitted to work without a written permit issued under ch. 103, except as provided in pars. (b) to (d).
102.60(1m)(b)(b) An amount equal to double the amount recoverable by the injured employee, but not to exceed $15,000, if the injured employee is a minor of permit age and at the time of the injury is employed, required, suffered, or permitted to work without a permit in any place of employment or at any employment in or for which the department acting under ch. 103, has adopted a written resolution providing that permits shall not be issued.
102.60(1m)(c)(c) An amount equal to double the amount recoverable by the injured employee, but not to exceed $15,000, if the injured employee is a minor of permit age or older and at the time of the injury is employed, required, suffered, or permitted to work at prohibited employment.
102.60(1m)(d)(d) An amount equal to double the amount recoverable by the injured employee, but not to exceed $15,000, if the injured employee is a minor under permit age and is illegally employed.
102.60(5)(a)(a) A permit or certificate of age that is unlawfully issued by an officer specified in ch. 103, or that is unlawfully altered after issuance, without fraud on the part of the employer, shall be considered a permit for purposes of this section.
102.60(5)(b)(b) If the employer is misled in employing a minor illegally because of fraudulent written evidence of age presented by the minor, the employer is not required to pay the amounts specified in sub. (1m).
102.60(7)(7) This section does not apply to a person selling or distributing newspapers or magazines on the street or from house to house if the agency or publisher for whom the person sells or distributes newspapers or magazines establishes by affirmative proof that at the time of the injury the person was not employed with the actual or constructive knowledge of the agency or publisher.
102.60(8)(8) This section does not apply to liability arising under s. 102.06 unless the employer sought to be charged knew or should have known that the minor was illegally employed by the contractor or subcontractor.
102.60 HistoryHistory: 1975 c. 147 s. 57; 1975 c. 199; 1977 c. 29, 195; 2005 a. 172; 2009 a. 206; 2015 a. 180; 2017 a. 11.
Notes of Decisions
Cited in 9
cases, 1935–2010 · leading case: Beard v. Lee Enter., Inc., 591 N.W.2d 156 (Wis. 1999).
Beard v. Lee Enter., Inc., 591 N.W.2d 156 (Wis. 1999). “31, as well as related statutes, in particular Wis. Stat. § 102.60 (7), we conclude that the legislature envisioned some *6 degree of knowledge, actual or constructive, on the part of the employer about an alleged employment relationship with a minor involved in a street trade…”
Soc'y Ins. v. Labor & Indus. Review Comm'n, 2010 WI 68 (Wis. 2010). “59 (2); and (6) in the case of an injury sustained by a minor illegally employed, amounts equal to or double the amount recoverable by the injured employee, but not exceeding $7,500 or $15,000 depending on the violation, must be paid, see Wis. Stat. § 102.60 (lm) (a)-(d). ¶ 18.…”
Aslakson v. Gallagher Bassett Servs., Inc., 2007 WI 39 (Wis. 2007). “§ 102.60 increases a worker's compensation award to be paid by an employer who illegally employs a minor.”
Thomas v. Indus. Comm'n, 10 N.W.2d 206 (Wis. 1943). “57 or in- *249 eluded in section 102.60, the liability of the employer shall be primary and the liability of the insurance carrier shall be secondary.”
Milwaukee News Co. v. Indus. Comm'n, 271 N.W. 78 (Wis. 1937). “, the commission concluded and ordered, on July 16, 1935, that he was entitled, under sec. 102.60, Stats., to the payment by the News Company and its compensation insurance carrier of double the amount otherwise recoverable.”
Schwartz v. Dep't of Indus., Labor & Human Relations, 240 N.W.2d 173 (Wis. 1976). “1 Sec. 102.60, Stats., provides ior double or treble compensation and death benefits ior the illegal employment oí minors under circumstances therein described.”
Hills Dry Goods Co. v. Indus. Comm'n, 258 N.W. 336 (Wis. 1935). “Sec. 102.60, Stats., provides: “When the injury is sustained by a minor illegally employed, compensation and death benefits shall be as follows: “(1) .”
HARRY CROW & SON, INC. v. Indus. Comm., 118 N.W.2d 841 (Wis. 1963). “, specifically prescribes that the effect of illegal employment of a minor without a permit in permitted work may result in double benefits, while working without a permit in prohibited work may result in triple benefits.”
Harry Crow & Son, Inc. v. Indus. Comm'n, 18 Wis. 2d 436 (Wis. 1963). “That the lack of a work permit here does not destroy the deceased’s status as an employee is further emphasized by *442 the fact that sec. 102.60, Stats., specifically prescribes that the effect of illegal employment of a minor without a permit in permitted work may result in…”
— Wis. Stat. § 102.60(7) — 1 case
Beard v. Lee Enter., Inc., 591 N.W.2d 156 (Wis. 1999). “31, as well as related statutes, in particular Wis. Stat. § 102.60 (7), we conclude that the legislature envisioned some *6 degree of knowledge, actual or constructive, on the part of the employer about an alleged employment relationship with a minor involved in a street trade…”
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