Wisconsin Statutes
Wis. Stat. § 102.62 (2026)
Primary and secondary liability; unchangeable
✓ current as of July 2026
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102.62102.62 Primary and secondary liability; unchangeable. In case of liability under s. 102.57 or 102.60, the liability of the employer shall be primary and the liability of the insurance carrier shall be secondary. If proceedings are had before the department for the recovery of that liability, the department shall set forth in its award the amount and order of liability as provided in this section. Execution shall not be issued against the insurance carrier to satisfy any judgment covering that liability until execution has first been issued against the employer and has been returned unsatisfied as to any part of that liability. Any provision in any insurance policy undertaking to guarantee primary liability or to avoid secondary liability for a liability under s. 102.57 or 102.60 is void. If the employer has been adjudged bankrupt or has made an assignment for the benefit of creditors, if the employer, other than an individual, has gone out of business or has been dissolved, or if the employer is a corporation and its charter has been forfeited or revoked, the insurer shall be liable for the payment of that liability without judgment or execution against the employer, but without altering the primary liability of the employer.
Notes of Decisions
Cited in 3
cases, 1939–1976 · leading case: Schwartz v. Dep't of Indus., Labor & Human Relations, 240 N.W.2d 173 (Wis. 1976).
Schwartz v. Dep't of Indus., Labor & Human Relations, 240 N.W.2d 173 (Wis. 1976). “Section 102.62 places the primary responsibility for the payment of this increased death benefit upon the employer.”
Thomas v. Indus. Comm'n, 10 N.W.2d 206 (Wis. 1943). “The provision that the liability of the employer should be primary and not secondary, was intended to make the employer bear the burden of violating the law in the respects stated. If the legislature had been of the view that the liability of the employer was primary and that of…”
Stand. Sur. & Cas. Co. v. Spewachek, 288 N.W. 758 (Wis. 1939). “17; provided, however, that payment of such compensation by either the employer or the insurance company, shall, to the extent thereof, be a bar to recovery against the other of the amount so paid, and provided, further, that as between the employer and the insurance company,…”
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