102.06 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.
History: 1975 c. 147 s. 54; 1975 c. 199; 1989 a. 64; 1995 a. 117.
A “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).
A 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).
Worker's Compensation—Liability of Principal Employer for Injuries to Employees of his Contractors or Subcontractors. Eiche. 1977 WLR 185.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 102 - Worker's compensation.
102.03 - Conditions of liability.
102.04 - Definition of employer.
102.05 - Election by employer, withdrawal.
102.06 - Joint liability of employer and contractor.
102.075 - Election by sole proprietor, partner or member.
102.076 - Election by corporate officer.
102.077 - Election by school district or private school.
102.078 - Election by real estate firm.
102.08 - Administration for state employees.
102.11 - Earnings, method of computation.
102.12 - Notice of injury, exception, laches.
102.123 - Statement of employee.
102.125 - Fraud reporting, investigation, and prosecution.
102.13 - Examination; competent witnesses; exclusion of evidence; autopsy.
102.14 - Jurisdiction of department and division; advisory committee.
102.16 - Submission of disputes, contributions by employees.
102.17 - Procedure; notice of hearing; witnesses, contempt; testimony, medical examination.
102.175 - Apportionment of liability.
102.18 - Findings, orders and awards.
102.19 - Alien dependents; payments through consular officers.
102.195 - Employees confined in institutions; payment of benefits.
102.21 - Payment of awards by local governmental units.
102.22 - Penalty for delayed payments; interest.
102.25 - Appeal from judgment on award.
102.27 - Claims and awards protected; exceptions.
102.28 - Preference of claims; worker's compensation insurance.
102.29 - Third party liability.
102.30 - Other insurance not affected; liability of insured employer.
102.31 - Worker's compensation insurance; policy regulations.
102.315 - Worker's compensation insurance; employee leasing companies.
102.32 - Continuing liability; guarantee settlement, gross payment.
102.33 - Forms and records; public access.
102.38 - Records and reports of payments.
102.40 - Reports not evidence in actions.
102.42 - Incidental compensation.
102.425 - Prescription and nonprescription drug treatment.
102.43 - Weekly compensation schedule.
102.45 - Benefits payable to minors; how paid.
102.47 - Death benefit, continued.
102.48 - Death benefit, continued.
102.49 - Additional death benefit for children, state fund.
102.52 - Permanent partial disability schedule.
102.53 - Multiple injury variations.
102.54 - Injury to dominant hand.
102.55 - Application of schedules.
102.555 - Occupational deafness; definitions.
102.565 - Toxic or hazardous exposure; medical examination; conditions of liability.
102.57 - Violations of safety provisions, penalty.
102.58 - Decreased compensation.
102.59 - Preexisting disability, indemnity.
102.60 - Minor illegally employed.
102.61 - Indemnity under rehabilitation law.
102.62 - Primary and secondary liability; unchangeable.
102.64 - Attorney general shall represent state and commission.
102.65 - Work injury supplemental benefit fund.
102.66 - Payment of certain barred claims.
102.75 - Administrative expenses.
102.80 - Uninsured employers fund.
102.81 - Compensation for injured employee of uninsured employer.
102.82 - Uninsured employer payments.
102.83 - Collection of uninsured employer payments.
102.835 - Levy for delinquent payments.
102.84 - Preference of required payments.
102.85 - Uninsured employers; penalties.