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May 30, 2025

Do I have to prove my employer was at fault to receive workers’ compensation?

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This transcript was auto-populated

Transcript:

00:00:03 Simply put, you don’t. Um, Wisconsin workers compensation law is a no fault system, which means that fault does not play into whether or not your claim is compensible or not. We joke about the fact that if the machine says don’t put your hand in it, and you do, you actually still have a claim under the Wisconsin Workers Compensation Act. There is no fault that comes into play. Note that the reason for that is because we don’t have pain and suffering under the Wisconsin workers compensation act.

00:00:36 And so that was more or less the trade that we traded pain and suffering for no fault about a 100 years ago. But that is the reason why it’s a no fault statute. And whether you or the employer are at fault, you still have a compensible injury under the Wisconsin Workers Compensation Act. Lastly, I would just leave you with the fact that there are safety violations claims that do come into play. Um, if in fact the fault comes into it. So, if for example there was a violation of safety or something,

00:01:07 you know, a hole that is unmarked or a machine that doesn’t provide proper instruction, there can be an increase on benefits uh either for the employee or the employer. But overall, it is a nonfault stat or it’s a no fault statute under the Wisconsin Workers Compensation Act.

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