Workers compensation would not be the exclusive remedy for Wisconsin workers claiming injuries from abusive work environments, under legislation introduced in the state Senate on Friday.
S.B. 934, referred to the Senate Committee on Labor, Regulatory Reform, Veterans and Military Affairs, proposes an exception to work comp exclusivity for those who claim injuries from an abusive work environment, including retaliation or threat of retaliation for opposing an abusive work environment or for participating in an investigation into an abusive work environment.
Workers would be allowed within one year to bring an action in circuit court against the employer or employee who allegedly engaged in the unlawful practice, according to the bill.
A legislative analysis explained that “(i)f the circuit court finds that an employer or employee has engaged in an unlawful employment practice, the court may enjoin the employer or employee from engaging in that practice and may grant other relief the court considers appropriate, including reinstatement of the aggrieved employee, removal of the person who engaged in the abusive conduct from the aggrieved employee’s work area, medical expenses, back pay, front pay, compensation for pain and suffering, compensation for emotional distress, punitive damages, and reasonable costs and attorney fees.”
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