1. Workers Compensation Courtney Moore & Natalie Potts
Wisconsin Worker’s Compensation
The workers compensation law of Wisconsin states that an injury, by
definition, is any mental or physical harm to the employee due to
workplace accidents or diseases. An employee should report any and all
injuries within thirty days of occurrence. If the injury or disease is not
immediately noticed, the maximum amount of time allowed for it to be
reported is two years. Compensation benefits are only payable when the
injury is incurred at the employee’s current place of employment.
Funds and Growth
According to dwd.wisconsin.gov, our state was compared to fifteen other
states in relation to medical costs. This comparison showed that
Wisconsin is growing much faster than the other fifteen states in
comparison. The cause for this is the non-hospital providers and hospital
outpatient services that are used because of work related injuries. For years
2005-2006, rates were growing by 11%. The years of 2007-2008 were at a
growth rate of 7%.
In 2008 there was $3,861,209 in UEF benefits paid, 1,995 lapsed penalties
accessed for the UEF, $3,189,581 in UEF collections and $2,993,420 in
Work Injury Supplemental Benefit Fund benefits paid. There are 109 open
Uninsured Employers Fund (UEF) claims on the Wisconsin Workers
compensation, as of 2010.

2. Workers Compensation Courtney Moore & Natalie Potts
Employer Responsibilities
Employers are responsible for certain health and safety risks in the
workplace. It’s also their responsibility to observe and recognize possible
health and safety hazards. Employers that have three or more people must
have a safety and health policy in place. The following are various other
tasks an employer needs to do:
Make the workplace safe.
Prevent risks to health.
Ensure that plant and machinery is safe to use.
Ensure that all materials are handled, stored, and used safely.
Provide adequate first aid facilities.
Inform employees about any potential hazards from the work that
they need to complete.
Make employee aware of all chemicals and other substances used by
the company.
Set up emergency plans and initiate practice drills.

3. Workers Compensation Courtney Moore & Natalie Potts
Make sure that ventilation, temperature, lighting, toilet and washing
facilities all meet health safety and welfare requirements.
Check that the right work equipment is provided and is properly used
and maintained.
Prevent or control exposure to substances that may damaging or
harmful to employee’s health.
Take precautions against the risks caused by flammable or explosive
hazards, electrical equipment, noise and radiation.
Avoid potentially dangerous work involving manual handling. If it
can’t be avoided, take precautions to reduce the risk of injury
Provide protective clothing or equipment free of charge.
If risks can’t be removed or adequately controlled by any other
means, ensure that the right warning signs are provided and looked
after. Report certain accidents, injuries, diseases and dangerous
occurrences to either the Health and Safety Executive (HSE) or the
local authority.
There are many laws and regulations to protect both the employer and the
employee, when dealing with workers compensation claims. There is an
exception to the workers compensation laws of Wisconsin called the
exclusivity clause, or exclusivity remedy, as we found it in our research.
Wisconsin Statute 102.03(2) states that if an employer has the required

4. Workers Compensation Courtney Moore & Natalie Potts
insurance in effect at the time of the work related injury, the employee is
prevented from suing the employer.
After reading the workers compensation information we have provided, we
would ask that you please respond to the following question. Ethically
speaking, do you think the exclusivity clause, or exclusivity remedy, should
be removed from Wisconsin’s worker’s compensation laws? Why or why
not?
Cited Sources
http://www.direct.gov.uk
http://www.dwd.state.wi.us