Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney or the Wisconsin Department of Workforce Development for guidance tailored to your situation.
Detailed Answer
Under Wisconsin law, employees injured at work may file a lost wage claim through the Workers’ Compensation Division of the Department of Workforce Development (DWD). To ensure timely processing, you must identify your employer by its legal name, not just the name under which it does business (d/b/a).
The key statutes governing definitions and payment of compensation include:
- Wis. Stat. § 102.03 (Definitions, including “employer” and “employee”)
- Wis. Stat. § 102.08 (Payment of compensation)
Follow these steps when your paystub or correspondence shows only a d/b/a:
- Verify the legal name. Use the Wisconsin Department of Financial Institutions’ business entity search (https://www.wdfi.org/). Enter the d/b/a to find the registered name (e.g., “ABC Holdings, LLC”).
- List both names on your Form 2. On the Employee’s Claim for Compensation (Form 2), enter the registered name first, followed by “d/b/a” and the trade name. For example: ABC Holdings, LLC d/b/a XYZ Services.
- Attach supporting documentation. Include a copy of the business registration or a certificate of assumed name showing the link between the legal entity and the d/b/a.
- Keep records of your submission. Retain copies of Form 2, attachments, and any correspondence. A complete set of documents can prevent delays due to name discrepancies.
- Follow up with DWD. After filing, confirm receipt and proper indexing by contacting the DWD Workers’ Compensation Division at 608-266-1340 or via their online portal.
Accurate identification of your employer’s legal name ensures that DWD can match your claim to the correct insurance policy. Failing to do so may result in processing delays or a request for additional information.
Helpful Hints
- Search the Wisconsin DFI database early in the process to avoid guesswork.
- Review multiple pay periods: one may list the full legal name.
- When in doubt, request the employer’s IRS or tax ID name in writing.
- Use clear labels: “legal name” versus “d/b/a” on your filing.
- Track all communications with DWD and your employer in a dedicated folder.