Employers have a legal obligation to keep their workplaces safe for employees. If an employee gets hurt or sick because of their job, they can file for workers’ compensation even if they had some (minor or major) role in the incident. Worker’s compensation generally is a “no fault” insurance system, where the goal is to help workers get the support they need after a workplace injury while also protecting employers from being sued directly for these injuries.
How workers’ compensation works
Workers’ compensation is a type of insurance that all employers (with a few exceptions) must have. In Wisconsin and many other states, this system is based on a “no-fault” rule, which means that workers can receive benefits regardless of who was at fault for the injury. The main goal is to ensure workers are compensated quickly and fairly without going through a lengthy legal process.
Employers may attempt to avoid responsibility
Even though the concept of workers’ compensation is straightforward, some employers might try to avoid using it. Instead, they might dispute claims, downplay the severity of injuries or even retaliate against employees who file claims. These actions are illegal and violate workers’ rights. Employees need to know their rights and understand that any attempt by an employer to undermine their claims is wrong and against the law.
Additionally, a small fraction of employers do not carry worker’s compensation when they legally are required to do so. In these situations, there is a state fund—the Uninsured Employers Fund (UEF)—that protects injured workers and provides the comparable worker’s compensation benefits to the injured worker. The UEF will then try to recoup the money paid out (plus penalties) against the illegally uninsured employer.
3 limited situations where a lawsuit may be possible involving work injuries
As mentioned, workers’ compensation generally prevents employees from suing their employer for workplace injuries, but there are exceptions. Here are a few examples of how an employee in Wisconsin might file for other claims against their employer or a third party if they are injured on the job:
- Employer safety violation/negligence: If an employer fails to provide a safe working environment, such as not maintaining equipment or ignoring safety protocols. While the worker cannot bring a personal injury lawsuit against the employer, they could pursue a safety violation under the worker’s compensation law—increasing benefits by 15% (capped at $15,000).
- Intentional harm of a co-worker: An employee potentially can sue if a co-worker intentionally caused harm, such as through assault or intentional infliction of emotional distress.
- Third-party liability: If a third party, such as a contractor or equipment manufacturer, is responsible for the injury, the employee can file a personal injury lawsuit against them. For instance, the manufacturer could be liable if defective machinery or safety equipment caused the injury.
Each situation requires careful documentation and legal advice to ensure that the lawsuit is valid and supported by evidence.
Consulting a workers’ compensation attorney is vital
Dealing with the workers’ compensation system can be complicated, and injured employees might have difficulties getting the benefits they deserve. Talking to an experienced workers’ compensation and injury attorney can provide important guidance and support. An attorney can help ensure claims are correctly handled, represent the employee in disputes and fight for the maximum financial support available under the law.
