R&R Insurance Blog

Is it better for a policyholder to permit concealed weapons and enjoy the immunity provided by the state statute? Or is it better for a policyholder to prohibit concealed weapons and sacrifice that immunity?

We have been asked whether R&R Insurance Services plans to issue a specific recommendation to its policyholders to answer this question. Because each insured is uniquely situated, it is difficult to issue a general recommendation to all our policyholders. Because the law is new and has not been tested by the courts, we recommend our policyholders consult their own attorneys to review their individual situations and implement the best solutions based on their unique needs.

WHAT WE KNOW

1. The State of Wisconsin recently enacted legal changes that allow individuals to carry concealed weapons. These changes were enacted on June 21, 2011 as a part of Senate Bill 93. The law will take effect on November 1, 2011.
2. The law allows residents of Wisconsin who meet certain requirements to carry concealed handguns and other weapons. “Other weapons” include electric weapons, knives (except for switchblades) and billy clubs.
3. The law grants power to the owners or occupants of a premises to either permit or prohibit concealed weapons on their premises.
4. The law similarly grants power to employers to prohibit an employee from carrying a concealed weapon in the course of employment. There is an extremely important exception to this rule. The law does not allow an employer to prohibit employees from carrying concealed weapons in an employee’s own motor vehicle, even if the vehicle is used in the course of employment, and even if the vehicle is driven or parked on the employer’s property.
5. If an owner or occupant permits concealed weapons on their premises, the law grants immunity to the owner or occupant ”from any liability arising from its decision.”
6. If an owner or occupant prohibits concealed weapons on their premises, the law is silent and does not grant similar statutory immunity.

RESOURCES

1. The State Bar of Wisconsin posted an article entitled “Concealed carry: Could prohibiting weapons in the workplace lead to liability?” .
2. The Wisconsin Legislative Council issued a memorandum entitled “Carrying and Possessing Firearms in Wisconsin.” The memorandum discusses various questions relating to the new law.
3. The Wisconsin Department of Justice has published a very comprehensive questions-and-answers document addressing the new concealed weapon law.
4. Various law firms have also posted summaries of this new law.

a. Whyte Hirschboeck Dudek S.C.

b. Michael Best & Friedrich LLP

c. Godfrey & Kahn, S.C.

d. Quarles & Brady LLP

e. Foley & Lardner LLP

While we can’t take a general position on this new law or make specific recommendations to our insureds, we hope this summary and these resources will help our insureds make the best decision possible.

If you have any other questions regarding Wisconsin's Concealed Carry law, please contact your legal representative, or a knowledgebroker can put you in contact with one. 800-574-7000.

Having a structured return-to-work program has several benefits, the most important of which is the reduction of lost-time (lost-time has 3 times greater impact on your workers compensation premium dollars than a no-lost-time claim). Other benefits include having more control over the claim itself, better observation of the recovery process, and an overall better experience for the employee. As Mike Geldreich, Claims Management Specialist with R&R Insurance explains, an employer can benefit greatly by having a return-to-work program that lessens lost-time and gets the employee back to work as quickly as possible.

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As a general rule, if an employee is terminated for cause, the obligation to pay workers compensation benefits continues. Similar to a layoff, or the employer’s inability to provide light duty work, a termination is viewed in much the same way. The injured worker is still considered to be restricted in the general labor market due to the injury, until he or she reaches maximum medical improvement, or is released to return to work without restrictions. *See Brakebush Brothers Inc. and Employers Insurance of Wausau vs LIRC 1997.

However, in recent years, the Wisconsin Department of Workforce Development has expanded their scope of potential situations where benefits may be suspended as the result of termination.

Here are a few exceptions:

1) The employee's employment with the employer has been suspended or terminated due to the employee's violation of the employer's policy concerning employee drug use during the period when the employee could return to a restricted type of work during the healing period. Compensation for temporary disability may be denied only if prior to the date of injury the employer's policy concerning employee drug use was established in writing and regularly enforced by the employer.

2) The employee's employment with the employer has been suspended or terminated due to the employee's alleged commission of a crime, the circumstances of which are substantially related to that employment, and the employee has been charged with the commission of that crime. If the employee is not found guilty of the crime, compensation for temporary disability shall be payable in full.

3) The employee has been convicted of a crime, is incarcerated, and is not available to return to a restricted type of work during the healing period.

The exceptions listed above all make good sense as it relates to benefit cessation. Without those exceptions, the employer’s insurance carrier is obligated to continue benefits. This also reduces or eliminates the circumstances whereby an employer terminates a worker simply to circumvent the payment of benefits.