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Temporary Employees in Wisconsin Now Able to Bring Tort Suits for Work Injuries Despite Worker's Compensation Act's Exclusive Remedy Provision

In a game-changing decision, the Wisconsin Court of Appeals recently ruled that temporary employees who have not filed a compensation claim under Wisconsin’s Worker’s Compensation Act may sue their temporary employer in tort. In other words, they may choose to file a worker’s compensation claim or file a lawsuit seeking damages not available under the Act. The decision is likely to cause shock waves among employers who use temporary employees--until this decision, employers were previously immune from tort claims by all employees, temporary or permanent, under the Act’s exclusive remedy provision. More ›

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