Wisconsin workers' comp provides medical coverage and wage replacement regardless of fault, but it generally does not pay for pain and suffering and limits what you recover.
How Workers' Compensation Works
When a Third Party Is Responsible
If someone other than your employer caused your injury — a negligent driver, a defective machine's manufacturer, a subcontractor — you may bring a separate third-party claim for full damages.
When defective equipment is involved, Wisconsin recognizes strict product liability under Wis. Stat. § 895.047, allowing recovery when a defective and unreasonably dangerous product causes injury.
Why It Matters
Third-party claims can recover pain and suffering and full lost earnings that comp does not. Identifying these claims early is one of the most valuable things an attorney does.
This article is general information, not legal advice. Injury Claim Team is a free attorney-matching service, not a law firm. For advice about your specific situation, talk to a licensed Wisconsin attorney — we'll connect you at no cost.