Section 895.37. Abrogation of defenses in employee personal injury actions.

 

(1)  In any action to recover damages for a personal injury sustained within this state by an employee while engaged in the line of the employee's duty as an employee, or for death resulting from personal injury so sustained, in which recovery is sought upon the ground of want of ordinary care of the employer, or of any officer, agent, or servant of the employer, it shall not be a defense:

(a) That the employee either expressly or impliedly assumed the risk of the hazard complained of.

(b) When such employer has at the time of the injury in a common employment 3 or more employees, that the injury or death was caused in whole or in part by the want of ordinary care of a fellow servant.

(c) When such employer has at the time of the injury in a common employment 3 or more employees, that the injury or death was caused in whole or in part by the want of ordinary care of the injured employee, where such want of ordinary care was not willful.

(2)  Any employer who has elected to pay compensation as provided in ch. 102 shall not be subject to this section.

(3)   Subsection (1) (a) , (b) and (c) shall not apply to farm labor, except such farm labor as is subject to ch. 102 .

(4)  No contract, rule, or regulation, shall exempt the employer from this section.

1993 a. 486 ; 2005 a. 155 . The fellow servant defense is not available to a farm employer of a child employed in violation of child labor laws. Tisdale v. Hasslinger, 79 Wis. 2d 194 , 255 N.W.2d 314 .