Wisconsin law makes workers’ compensation ‘exclusive remedy’ for temp worker injuries

Wisconsin Gov. Scott Walker signed a bill into law on February 28 that prevents temporary employees who sustain work injuries from suing their employers, rather than going through workers’ compensation.

The workers’ compensation system has traditionally been considered the “exclusive remedy” to cover medical expenses and lost wages due to work injuries; however, a recent court ruling in Wisconsin called that into question.

A January 9 Wisconsin Court of Appeals decision  stated that the estate of a temporary employee who was fatally injured on the job could sue the temporary employer, since the estate had not made a workers’ compensation claim.

The new law, Act 139 , overturns this decision going forward, according to Wisconsin Manufacturers & Commerce.

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