Legal Question in Workers Comp in Wisconsin

Employer Personal Liability for Worker's Comp Claim

In the future, make sure that all of your subcontractors furnish you with their own certificates of insurance. If they can't furnish one, you should assume that they are uninsured and protect yourself by insuring them yourself. Meanwhile, you should immediately consult with an attorney who is experienced in bankruptcy and commercial litigation matters. Bankruptcy is often the most efficient way to assert your exemptions against multiple creditors in a single proceeding, even though there may be a question as to the dischargeability of worker's comp employer liability. Depending upon the size and organizational form of your business, chapter 11 may be an option, although it is extremely expensive. If you are an unincorporated sole proprietorship, a chapter 13 may allow you to continue operations while paying off the claim over a five year period. Chapter 7, which usually requires a business to close, may also be available to you. Sole proprietors are generally allowed to resume operations following a chapter 7. Good luck!