Wisconsin Worker's Compensation: Arising Out of Employment

Abstract

This article describes Wisconsin worker's compensation law determining whether a workplace accident or occupational disease "arises out of employment." An accident, which occurs at one point of time, or a disease, which occurs over a period of time, may cause injury in innumerable ways; for example, an employee may sustain injury from an outside force, activity, or exposure to noise, fumes, or stress -- to name just a few potential hazards. In Wisconsin, the positional-risk doctrine, the usual-work rule, and the unusual-stress test determine when the cause of injury -- whether an accident or disease -- is considered to arise out of employment.