Legal Question in Personal Injury in Wisconsin

Re: Dog Bite/workmans comp

I do not handle workers compensation cases, just medical malpractice and personal injury cases, so your question is somewhat outside my area of practice. I think an important issue is whether you were considered an employee or whether you were considered an independant contractor. Your use of the term "independant agent" makes me wonder whether the person or organization that pays you considers you an independant contractor rather than an employee. "Employer" is defined in Wis. Stat. sec. 102.04 as one who usually employs "three or more employees." "Employee is defined in Wis. Stat. sec. 102.07. Specifically excluded is any person whose employment is not in the course of a trade, business, profession or occupation of the employer. An independant contractor who meets the nine criteria set forth in Wis. Stat. sec. 102.07(8)(b) is not considered to be an employee. The nine criteria are more than I am up to typing for you. You could call me if you would like to know what the criteria are. In any event, the person who pays you does not have to carry workers compensation insurance for you unless he falls under the definition of employer and you fall under the definition of employee. If you are not covered by workers compensation, your health insurer should have to pay the medical bills. If it is determined that you are not an "employee" as defined in the statute, then you may have the right to make a claim against the liability insurance carrier for the owner of the dog. Actions involving dog bites are controlled by Wis. Stat. sec. 174.02. If you are eligible to make a claim and if you could prove that the dog had bitten before and that the owner knew about it, you might be entitled to double damages. As you can see, this is not an easy question that you raised.