The Impact Of Employer Intentional Torts On The Exclusive Remedy Rule In Wisconsin

The Wisconsin worker’s compensation system is designed to ensure that injured workers receive prompt medical treatment and financial compensation for lost wages. This system operates under the exclusive remedy rule, which generally prevents employees in Wisconsin from suing their employers for workplace injuries outside of the Wisconsin worker’s compensation system. However, there are exceptions to this rule, and one of the most significant involves employer intentional torts. When an employer intentionally causes harm to an employee, the exclusive remedy rule may no longer apply. This issue is complex and requires a clear understanding of Wisconsin’s worker’s compensation statutes and case law.
Under Wisconsin Statutes Section 102.03, the worker’s compensation system is the primary mechanism for handling workplace injuries. The exclusive remedy provision makes sure that employees do not need to prove fault, while employers are shielded from most civil lawsuits. However, intentional acts by an employer, such as deliberate harm or gross misconduct, fall outside the scope of worker’s compensation. The courts in Wisconsin have recognized that employers should not be able to exploit the worker’s compensation system to escape liability for intentional wrongdoing.
How Do I Qualify?
For a claim to qualify as an employer intentional tort, there must be evidence that the employer acted with a clear intent to harm the employee. This standard is higher than negligence or recklessness and requires proof that the employer’s actions were deliberate. These cases usually arise in situations involving workplace violence, hazardous conditions knowingly maintained by the employer, or explicit actions taken to injure a worker.
The consequences of employer intentional torts are significant. Employees who are successful in proving intent could be allowed to pursue a civil lawsuit outside the worker’s compensation system. Employers could end up paying additional damages, including punitive damages not available under worker’s compensation. This is why these cases are often heavily contested.
Employer Intentional Torts And The Exclusive Remedy Rule In Practice
Employer intentional tort claims are uncommon. Wisconsin courts have clarified the parameters of these claims through decisions such as Jenson v. Employers Mut. Cas. Co., which emphasized that intent must be direct and unequivocal. Actions such as removing safety guards from machinery or failing to address known threats of workplace violence may meet this standard. However, the burden of proof is on the employee to establish that the employer’s actions were intentional, not merely negligent or reckless.
Wisconsin law also requires that such employer intentional tort claims meet strict procedural and evidentiary standards. This includes filing timely complaints and presenting clear documentation of the employer’s intent. These cases often involve detailed investigations into workplace conditions, internal communications, and employer policies.
For injured employees, the potential recovery in an intentional tort claim can be significant. While worker’s compensation benefits are limited to medical costs, lost wages, permanent partial disability and rehabilitation, a civil lawsuit allows for broader damages. These may include pain and suffering, emotional distress, and punitive damages designed to deter future misconduct.
Employees pursuing these claims need to act quickly and strategically. Consulting with a knowledgeable attorney early in the process is critical to preserving evidence, building a strong case, and understanding the interplay between worker’s compensation laws and civil liability.
FAQs About Employer Intentional Torts And The Exclusive Remedy Rule In Wisconsin
What Is The Exclusive Remedy Rule In Wisconsin Workers’ Compensation Law?
The exclusive remedy rule provides that worker’s compensation is the sole avenue for employees to recover damages for workplace injuries. This means employees cannot sue their employers in civil court for negligence. However, this rule does not apply in cases of employer intentional torts, where deliberate harm is alleged.
What Qualifies As An Employer Intentional Tort?
An employer intentional tort requires evidence that the employer acted with a clear intent to harm the employee. This may involve actions like deliberately removing safety measures, maintaining hazardous conditions with knowledge of the risks, or engaging in physical violence. Negligence or recklessness alone does not meet the threshold for an intentional tort.
How Does Wisconsin Define “Intent” In These Cases?
Wisconsin courts interpret intent as requiring a deliberate and conscious decision by the employer to cause harm. This standard is higher than negligence and involves proving that the employer’s actions were purposeful and directed toward causing injury.
Can I Pursue Both A Worker’s Compensation Claim And A Civil Lawsuit?
Yes, in cases involving employer intentional torts, you can pursue both a worker’s compensation claim and a civil lawsuit. Worker’s compensation addresses immediate medical expenses and lost wages, while the civil lawsuit seeks additional damages, such as pain and suffering or punitive damages.
What Damages Are Available In An Employer Intentional Tort Lawsuit?
In an intentional tort lawsuit, employees may recover damages beyond what worker’s compensation offers. These can include compensation for pain and suffering, emotional distress, and punitive damages designed to punish the employer’s misconduct and deter future wrongdoing.
What Should I Do If I Suspect My Employer Intentionally Caused My Injury?
If you believe your employer intentionally caused your injury, it is important to document everything related to the incident, including workplace conditions, communications with your employer, and medical records. Consult an attorney immediately to evaluate your case and determine the best course of action.
How Can An Attorney Help With These Claims?
An attorney plays a crucial role in employer intentional tort cases by gathering evidence, navigating the legal complexities, and advocating on your behalf. They can help you file the appropriate claims, meet procedural deadlines, and pursue maximum compensation for your injuries.
Call Our Milwaukee Worker’s Compensation Lawyer For Your Free Consultation
If you believe your workplace injury resulted from an intentional act by your employer, you may be entitled to pursue legal action beyond worker’s compensation. At Gillick, Wicht, Gillick & Graf, we are committed to helping injured workers in Wisconsin seek the justice and compensation they deserve. Our experienced team understands the intricacies of Wisconsin worker’s compensation law and employer intentional tort cases.
Don’t wait to protect your valuable legal rights. Contact our Milwaukee worker’s comp attorney at Gillick, Wicht, Gillick & Graf by calling 414-257-2667 to receive your free consultation. With our offices in Milwaukee, we represent injured workers throughout Wisconsin. Let us help you understand your options and fight for your interests.