LRB-5483/1
GMM:skg&kaf:ks
1995 - 1996 LEGISLATURE
March 7, 1996 - Introduced by Representatives Harsdorf, Olsen, Gronemus,
Musser, Baldus, Notestein, R. Young and Plache. Referred to Committee on
Labor and Employment.
AB1001,1,4
1An Act to amend 102.29 (6) of the statutes;
relating to: 3rd-party liability of
2an employer that compensates a temporary help agency for the services of an
3injured employe who claims worker's compensation against the temporary help
4agency.
Analysis by the Legislative Reference Bureau
Under current law, worker's compensation is the exclusive remedy against the
employer of an employe who is injured while performing services growing out of and
incidental to his or her employment. As such, an injured employe who claims
worker's compensation may not maintain an action in tort against his or her
employer to collect damages for his or her injury. An injured employe may, however,
subject to certain exceptions, maintain an action in tort against a 3rd party to collect
damages for his or her injury. One of those exceptions is that no employe of a
temporary help agency who makes a claim for worker's compensation against the
temporary help agency may maintain an action in tort against any employer who
compensates the temporary help agency for the employe's services. This bill permits
an employe of a temporary help agency who makes a claim for worker's compensation
against the temporary help agency to maintain an action in tort against any
employer who compensates the temporary help agency for the employe's services.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1001, s. 1
5Section
1. 102.29 (6) of the statutes is amended to read:
AB1001,2,3
1102.29
(6) No An employe of a temporary help agency who makes a claim for
2compensation may make a claim or maintain an action in tort against any employer
3who compensates the temporary help agency for the employe's services.
AB1001,2,65
(1) This act first applies to injuries occurring on the effective date of this
6subsection.
