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Shouldering the burden: Wisconsin’s new workers’ comp exposure

August 2026 employment law letter
Authors: 

Adam F. Barraza, Axley LLP

Shoulders are the most commonly injured body parts in Wisconsin workers’ compensation claims—even more common than lower-back and hearing-loss claims. Wisconsin Act 145, which became effective on April 1, 2026, eliminated the statute of limitations for traumatic shoulder injuries that require shoulder replacement or reverse shoulder replacement surgery. This change will have long-lasting effects on Wisconsin’s workers’ compensation landscape.

New law

Wisconsin Act 145, which became effective on April 1, 2026, added work-related shoulder injuries requiring either a shoulder replacement or reverse shoulder replacement to the list of injuries for which there’s no statute of limitations. Before Act 145, that list included traumatic injuries resulting in: 

  • The loss or total impairment of a hand, arm, leg, or foot; 

  • Any loss of vision; 

  • Any permanent brain injury; 

  • The need for an artificial spinal disc; or 

  • A total or partial knee or hip replacement. 

Importantly, the injuries in this category are “traumatic,” meaning they occur at a specific time and place. They are different from “occupational diseases,” which develop over time, such as overuse injuries.

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