WI Supreme Court affirms workers' comp exclusive remedy provision

Workers' compensation serves as the "exclusive remedy" for employees claiming benefits arising out of a work injury (if there's no other nonemployee third party responsible for the injury). The Wisconsin Supreme Court recently explained an employee's secondary injury, namely a self-inflicted gunshot wound, following a work injury where he was gored by a bull, was also subject to the Act's exclusive remedy provision. Read on for the interesting facts of the case as well as some guidance on the Act's exclusive remedy provision.

Exclusive remedy provision

The Wisconsin Worker's Compensation Act (WWCA) is best described as a compromise between employers and employees. Employers (via their insurance carriers) agree to compensate employees for work injuries, even if the employee was at fault. In exchange, employees agree to accept more modest workers' comp benefits and give up the right to pursue more lucrative tort (wrongful act) claims.

The compromise, often referred to as the "exclusive remedy," provides that the right to recover compensation under the WWCA is the employee's exclusive remedy against the employer, any other employee of the same employer, and the workers' comp carrier. Stated otherwise, with minor exceptions, an employee who sustains a work-related injury cannot pursue the more monetarily lucrative tort claims against these entities. If there's a nonemployee third party who was responsible for the injury, however, a tort may also be pursued.

Facts