102.58 Decreased compensation.
(1) If injury is caused by the failure of the employee to use safety devices that are provided in accordance with any statute, rule, or order of the department of safety and professional services and that are adequately maintained, and the use of which is reasonably enforced by the employer, or if injury results from the employee's failure to obey any reasonable rule adopted and reasonably enforced by the employer for the safety of the employee and of which the employee has notice, the compensation and death benefit provided in this chapter shall be reduced by 15 percent, but the total reduction may not exceed $15,000.
(2) If an employee violates the employer's policy concerning employee drug or alcohol use and is injured, and if that violation is causal to the employee's injury, no compensation or death benefits shall be payable to the injured employee or a dependent of the injured employee and no payment under s. 102.49 (5) (b) or (c) shall be payable. Nothing in this subsection shall reduce or eliminate an employer's liability for incidental compensation under s. 102.42 (1) to (8) or drug treatment under s. 102.425.
History: 1971 c. 148; 1981 c. 92; 1983 a. 98; 1987 a. 179; 1995 a. 448; 2001 a. 37; 2015 a. 55, 180; 2021 a. 29.
The burden of proof is on the employer to establish not only the fact of intoxication, but also a causal connection between the condition and the injury or accident. Haller Beverage Corp. v. DILHR, 49 Wis. 2d 233, 181 N.W.2d 418 (1970).
This section and s. 102.57 may be applicable in the same case if the negligence of both the employer and employee are causes of the employee's injury. Milwaukee Forge v. DILHR, 66 Wis. 2d 428, 225 N.W.2d 476 (1975).
Whether a traveling employee's multiple drinks at a tavern was a deviation was irrelevant when the employee was injured while engaged in a later act reasonably necessary to living. Under this section, intoxication does not defeat a worker's compensation claim but only decreases the benefits. Heritage Mutual Insurance Co. v. Larsen, 2001 WI 30, 242 Wis. 2d 47, 624 N.W.2d 129, 98-3577.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 102 - Worker's compensation.
102.03 - Conditions of liability.
102.04 - Definition of employer.
102.05 - Election by employer, withdrawal.
102.06 - Joint liability of employer and contractor.
102.075 - Election by sole proprietor, partner or member.
102.076 - Election by corporate officer.
102.077 - Election by school district or private school.
102.078 - Election by real estate firm.
102.08 - Administration for state employees.
102.11 - Earnings, method of computation.
102.12 - Notice of injury, exception, laches.
102.123 - Statement of employee.
102.125 - Fraud reporting, investigation, and prosecution.
102.13 - Examination; competent witnesses; exclusion of evidence; autopsy.
102.14 - Jurisdiction of department and division; advisory committee.
102.16 - Submission of disputes, contributions by employees.
102.17 - Procedure; notice of hearing; witnesses, contempt; testimony, medical examination.
102.175 - Apportionment of liability.
102.18 - Findings, orders and awards.
102.19 - Alien dependents; payments through consular officers.
102.195 - Employees confined in institutions; payment of benefits.
102.21 - Payment of awards by local governmental units.
102.22 - Penalty for delayed payments; interest.
102.25 - Appeal from judgment on award.
102.27 - Claims and awards protected; exceptions.
102.28 - Preference of claims; worker's compensation insurance.
102.29 - Third party liability.
102.30 - Other insurance not affected; liability of insured employer.
102.31 - Worker's compensation insurance; policy regulations.
102.315 - Worker's compensation insurance; employee leasing companies.
102.32 - Continuing liability; guarantee settlement, gross payment.
102.33 - Forms and records; public access.
102.38 - Records and reports of payments.
102.40 - Reports not evidence in actions.
102.42 - Incidental compensation.
102.425 - Prescription and nonprescription drug treatment.
102.43 - Weekly compensation schedule.
102.45 - Benefits payable to minors; how paid.
102.47 - Death benefit, continued.
102.48 - Death benefit, continued.
102.49 - Additional death benefit for children, state fund.
102.52 - Permanent partial disability schedule.
102.53 - Multiple injury variations.
102.54 - Injury to dominant hand.
102.55 - Application of schedules.
102.555 - Occupational deafness; definitions.
102.565 - Toxic or hazardous exposure; medical examination; conditions of liability.
102.57 - Violations of safety provisions, penalty.
102.58 - Decreased compensation.
102.59 - Preexisting disability, indemnity.
102.60 - Minor illegally employed.
102.61 - Indemnity under rehabilitation law.
102.62 - Primary and secondary liability; unchangeable.
102.64 - Attorney general shall represent state and commission.
102.65 - Work injury supplemental benefit fund.
102.66 - Payment of certain barred claims.
102.75 - Administrative expenses.
102.80 - Uninsured employers fund.
102.81 - Compensation for injured employee of uninsured employer.
102.82 - Uninsured employer payments.
102.83 - Collection of uninsured employer payments.
102.835 - Levy for delinquent payments.
102.84 - Preference of required payments.
102.85 - Uninsured employers; penalties.