Mudge Porter Lundeen & Seguin, S.C.
Send Us An Email
Free Initial Consultation
715-338-3312 | 888-365-5389
Practice Areas

Looking a bit more at Wisconsin’s Safe Place statute

We’ve previously mentioned on this blog that employers have the duty to furnish a safe place to work and to protect their health, safety and lives of their employees. Under the so-called Safe Place statute, which imposes this duty, employees who are injured as a result of their employer’s failure to provide a safe place to work are entitled to increased workers’ compensation benefits.

One issue that has been addressed in case law concerning the Safe Place statute is that the standard of fault in the statute is that of ordinary negligence. In any negligence case, it is up to the plaintiff to demonstrate: first, that the defendant had a duty of care toward the plaintiff; second, that the defendant breached that duty; third, that the plaintiff suffered harm; and fourth, that the plaintiff’s injuries were caused by the defendant’s breach of duty. 

When a plaintiff is successful in proving that there was a violation of the Safe Place statute, the employer then has the burden of proving that the plaintiff’s injuries were not caused by the employer’s violation. Courts do still take into account the plaintiff’s contributions to his or her own injuries, and the fact that there has been a violation of the statute does not mean that the employer’s negligence was necessarily greater than the employee’s negligence.

As we’ve previously mentioned, employees may have their workers’ compensation awards reduced when it is proven that the employee failed to follow a reasonable safety rule. An employee’s contributory negligence is less, though, when the safety violation occurs in the course of the performance of his or her job duties.

Navigating Safe Place issues in the litigation process is not necessarily an easy matter, and working with an experienced attorney is important to ensure an employee’s rights are protected. 

No Comments

Leave a comment
Comment Information

Office Location

Mudge Porter Lundeen & Seguin, S.C.
110 Second Street
Post Office Box 469
Hudson, WI 54016

Toll Free: 888-365-5389
Phone: 715-338-3312
Fax: 715-386-5447
Map & Directions

logo Visa | MasterCard | American Express | Discover Network

Contact Form

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy