Suing Over a Work Injury in Wisconsin
When Wisconsin law lets an injured worker sue the employer, suing a third party such as a driver or equipment maker, and what to do if the employer has no workers' comp.
Short answer: Generally no. Where the conditions for workers' comp liability exist, the right to recover workers' comp is the exclusive remedy against the employer, any other employee of the same employer, and the workers' comp insurer. Wis. Stat. § 102.03(2)
| Suing your employer | Generally no. Where the conditions for workers' comp liability exist, the right to recover workers' comp is the exclusive remedy against the employer, any other employee of the same employer, and the workers' comp insurer. The statute still allows a suit against a co-employee for an assault intended to cause bodily harm, for negligent operation of a motor vehicle not owned or leased by the employer, or where a governmental unit would pay the judgment under a collective bargaining agreement or ordinance. Read in the 2023-24 Wisconsin Statutes PDF on docs.legis.wisconsin.gov (updated through 2025 Wis. Act 247, published 10-1-26). Source: Wis. Stat. § 102.03(2) |
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| Suing someone other than your employer | Yes. Making a workers' comp claim does not affect the worker's right to sue any other party (a '3rd party') responsible for the injury, and the employer or insurer that paid or must pay comp (or the state, if it paid from the uninsured employers fund) may also sue; each must give the other reasonable notice and an opportunity to join and be represented. From the proceeds, after the reasonable cost of collection, one-third of the remainder goes to the worker in any event; the employer, insurer or fund is then reimbursed for comp paid or owed in the future (with listed exceptions), and any balance goes to the worker. Read in the 2023-24 Wisconsin Statutes PDF on docs.legis.wisconsin.gov (updated through 2025 Wis. Act 247, published 10-1-26). Source: Wis. Stat. § 102.29(1) |
| If your employer has no workers' comp | If an employee of an uninsured employer suffers a work injury for which the employer is liable, the Department of Workforce Development (or its reinsurer) pays the employee or dependents an amount equal to the workers' comp the uninsured employer owes, except certain penalties and interest, from the uninsured employers fund. If the department pays or must pay under this section, it may also bring a tort action against a responsible third party. Read in the 2023-24 Wisconsin Statutes PDF on docs.legis.wisconsin.gov (updated through 2025 Wis. Act 247, published 10-1-26). The penalty and collection sections (§§ 102.82-102.85) were identified by title only and are not described. |
Where to get help in Wisconsin
More Wisconsin workers' compensation
- Filing a Workers' Comp Claim in Wisconsin
- How Much Workers' Comp Pays in Wisconsin
- Workers' Comp Settlements in Wisconsin
- Retaliation for Filing Workers' Comp in Wisconsin
- Appealing a Denied Workers' Comp Claim in Wisconsin
- All Wisconsin workers' compensation rules
FAQ
Can you sue your employer for a work injury in Wisconsin?
Generally no. Where the conditions for workers' comp liability exist, the right to recover workers' comp is the exclusive remedy against the employer, any other employee of the same employer, and the workers' comp insurer. The statute still allows a suit against a co-employee for an assault intended to cause bodily harm, for negligent operation of a motor vehicle not owned or leased by the employer, or where a governmental unit would pay the judgment under a collective bargaining agreement or ordinance.
Can you sue a third party for a work injury in Wisconsin?
Yes. Making a workers' comp claim does not affect the worker's right to sue any other party (a '3rd party') responsible for the injury, and the employer or insurer that paid or must pay comp (or the state, if it paid from the uninsured employers fund) may also sue; each must give the other reasonable notice and an opportunity to join and be represented. From the proceeds, after the reasonable cost of collection, one-third of the remainder goes to the worker in any event; the employer, insurer or fund is then reimbursed for comp paid or owed in the future (with listed exceptions), and any balance goes to the worker.
What if my employer doesn't have workers' comp insurance in Wisconsin?
If an employee of an uninsured employer suffers a work injury for which the employer is liable, the Department of Workforce Development (or its reinsurer) pays the employee or dependents an amount equal to the workers' comp the uninsured employer owes, except certain penalties and interest, from the uninsured employers fund. If the department pays or must pay under this section, it may also bring a tort action against a responsible third party.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.