Wisconsin Senate Bill SB923

Wisconsin 2023-2024 Regular Session

• Introduced: 1/19/24
• Refer: 1/19/24
• Failed: 4/15/24

Caption

Employer liability under worker's compensation for mandatory or coerced vaccines.

Impact

The passage of SB923 has notable implications for state laws governing worker's compensation. By creating a presumption of liability for employers regarding vaccine-related injuries, the bill would likely shift the burden of proof onto employers to demonstrate that an injury was not caused as a result of the mandated vaccination. This may lead to an increase in claims filed under workers' compensation and a reevaluation of workplace policies regarding vaccinations. Companies may need to reconsider how they approach vaccination mandates to mitigate potential liabilities.

Summary

Senate Bill 923 addresses employer liability within the framework of worker's compensation laws regarding injuries associated with mandatory or coerced vaccinations. Specifically, the bill stipulates that if an employee suffers an injury as a result of receiving a vaccine that they were required or coerced by their employer to take, such an injury will be presumed to have occurred in the course of employment. This presumption facilitates easier claims for compensation related to such vaccine-related injuries.

Contention

The bill's notions surrounding mandated vaccines have sparked debates among legislators and advocates. Proponents argue that it provides essential protections for employees who might be pressured into vaccinations, thus ensuring they can seek recourse if injured. However, detractors may view the bill as an encroachment on employer rights, questioning whether it fairly attributes liability to businesses for injuries that might be unrelated to employment. There may also be concerns regarding how this legislation could impact vaccination policies in the workplace, especially amidst ongoing discussions about public health and safety.

Considerations

Implementing SB923 would necessitate careful consideration of existing workers' compensation frameworks and the potential financial repercussions for employers. Discussions could revolve around maintaining a balance between protecting employee health and securing employer autonomy. As workplace vaccination policies become increasingly relevant, this bill could represent a significant step in defining the responsibilities and liabilities of employers in relation to employee health decisions.