If you’ve suffered a workplace injury, you’re likely dealing with pain, stress, and uncertainty about your next steps. In Wisconsin, most injured workers file a workers’ compensation claim to cover medical bills and lost wages. But what if your injury was caused by unsafe conditions or negligence? Can you sue your employer instead?
Here’s what you need to know about your legal rights after a workplace injury in Wisconsin.
Wisconsin’s Workers’ Compensation System
Wisconsin law requires most employers to carry workers’ compensation insurance, which provides injured employees with benefits regardless of who was at fault. This system is designed to offer a quicker, no-fault alternative to suing your employer.
Through a workers’ compensation claim, you may be entitled to:
- Medical treatment and expenses
- Temporary or permanent disability benefits
- Vocational rehabilitation
- Mileage reimbursement for medical visits
However, in exchange for these guaranteed benefits, employees generally cannot sue their employer for negligence. This is called the “exclusive remedy” rule.
When Can You Sue Your Employer after a workplace injury?
While suing your employer is not allowed in most cases, there are some exceptions:
1. Intentional Harm
If your employer deliberately caused your injury—through assault, threats, or other intentional acts—you may have the right to file a lawsuit outside of the workers’ comp system.
2. Employer Doesn’t Have Workers’ Comp Insurance
If your employer is uninsured (and legally required to be), you may be able to file a personal injury lawsuit to recover damages not covered by a standard workers’ compensation claim.
Can You Sue a Third Party?
Even if you can’t sue your employer, you might be able to sue a third party if they contributed to your injury. Common examples include:
- A subcontractor or coworker from another company
- The manufacturer of defective equipment
- A negligent driver in a work-related car accident
In these cases, a workers’ compensation lawyer can help you file both a workers’ comp claim and a third-party lawsuit to maximize your recovery.
Why You Should Talk to a Workers’ Compensation Lawyer
Navigating a workers’ compensation claim can be complex—especially if your benefits are denied or delayed. An experienced workers’ compensation lawyer can help you:
- File your claim correctly and on time
- Dispute unfair denials or low benefit offers
- Identify possible third-party claims
- Determine whether an exception allows you to sue
Injured at Work? Get Help Today.
At Bykhovsky Law, we’re here to guide you through the aftermath of a workplace injury. Whether you’re filing a workers’ compensation claim or exploring additional legal options, our team is ready to help.
📞 Contact us for a Free Consultation today to protect your rights and understand your next steps.
