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Emergency Law Inventory | Full Law Text

Law Number

Wis. Stat. 323.40

Summary Title

Workers’ Compensation: Government Employee and Volunteer

Summary

When an emergency declaration is in effect, a local government employee or a volunteer who, without compensation, registers with a local government’s emergency management program to assist is considered an employee of the local government for the purposes of workers’ compensation.

Full Title

Responsibility for worker’s compensation

Full Text

(1) EMPLOYEES OF LOCAL UNIT OF GOVERNMENT. An employee of a local unit of governments emergency management program is an employee of that local unit of government for workers compensation under ch. 102 unless the responsibility to pay workers compensation benefits are assigned as provided under s. 66.0313 or under an agreement between the local unit of government and the state or another local unit of government. (2) STATE AGENCY VOLUNTEERS. A volunteer who registers with a state agency to assist the agency without compensation, other than reimbursement for travel, lodging, or meals, during a disaster, an imminent threat of a disaster, or a related training exercise is considered an employee of the agency for workers compensation under ch. 102, for purposes of any claim related to the assistance provided. (3) LOCAL UNIT OF GOVERNMENT VOLUNTEERS. (a) Except as provided in par. (b), an individual who registers in writing with a local unit of governments emergency management program to provide his or her own labor without compensation, other than reimbursement for travel, lodging, or meals, during a disaster, an imminent threat of a disaster, or a related training exercise is considered an employee of the local unit of government for workers compensation under ch. 102 for purposes of any claim relating to the labor provided. (b) This subsection does not apply to an individuals provision of services if s. 257.03 applies.