Death in the Workplace

If death occurs while the decedent was on the job, the right to sue may change. Under the Wisconsin's Worker's Compensation Act, an employee who elects to take worker's compensation does not have a right to sue his employer for injuries in the workplace. Wis. Stat. § 102.03(2). If the decedent accepts workmen's compensation and gives up his right to sue, beneficiaries or surviving relatives are also precluded from sueing for wrongful death. Wis. Stat. § 102.03(2).

If a person's death on the job was due to the negligent actions of a third party, however, Wisconsin's worker's compensation statute allows dependents to pursue a wrongful death suit against the third party, regardless of whether the decedent elected for workmen's compensation through his or her employer. Wis. Stat. § 102.03(2).

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