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★ Wyoming · workplace

Workplace settlements
in Wyoming.

By 9 min read

A heavy equipment operator run over and dragged about 150 feet by an asphalt paver near Pinedale lost his right leg; years later the court revived his claim that the injuries worsened his lung disease. A lumber mill worker in Hulett with an arm injury lost his disability claim because he had not shown he could not earn 95% of his old wage.

Facts that decide a workplace claim in Wyoming

Permanent partial disabilityYou must show the injury keeps you from returning to work at 95% or more of your monthly earnings at the time of injury.Wyo. Stat. Ann. § 27-14-405(h), applied in Bollinger (Wyo. 2019)
Aggravation of a prior conditionBenefits can cover a preexisting disease that the work injuries materially aggravated.Vandre v. State (Wyo. 2015)
Dismissal as a sanctionDismissing a back injury claim because the worker invoked the Fifth Amendment in discovery was reversed.Debyah v. State (Wyo. 2015)
★ band · US federal frame
Scheduled statutory benefits, no pain-and-suffering award
Workplace injury (workers compensation)
State workers-compensation schedules; value tracks the impairment rating, the wage rate and future medical, and most claims close by compromise-and-release rather than verdict.

The US band is the starting point. Wyoming's fault rule and any applicable cap then adjust the figure.

★ WY · reported workplace outcomes

What Wyoming courts have awarded.

Real Wyoming decisions and verdicts, each linked to the court record or official report.

  • Wyoming Supreme Court · 2015
    Denial of COPD benefits reversed

    On August 23, 2007, Harold Vandre, working for McMurry Ready Mix near Pinedale, was walking the road shoulder when an asphalt paver struck him and dragged him about 150 feet. His right leg was amputated just below the pelvis, and he had rib fractures, a collapsed lung and a closed head injury. In 2012 he sought COPD care; the court reversed the denial.

  • Wyoming Supreme Court · 2019
    Denial of disability benefits affirmed

    On February 19, 2016, Kenneth Bollinger, a boiler and kiln operator earning $16.50 an hour at a lumber mill in Hulett, injured his left arm. He received temporary benefits and a permanent impairment award, then applied for permanent partial disability. The hearing examiner found he had not proved he could not return to work at 95% of his earnings; affirmed.

★ WY · workplace · in practice

What changes the number here.

What actually moves a workplace settlement in Wyoming.

  1. 1

    Keep records of every job application and every offer, with the pay.

  2. 2

    Ask your doctor to address whether the work injury worsened any existing disease.

  3. 3

    Answer discovery fully; refusing can put the whole claim at risk.

★ WY · statute of limitations
4 years from date of injury

Wyo. Stat. § 1-3-105

★ WY · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ workplace · same region & fault regime

Compare to like jurisdictions.

How Wyoming's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for workplace claims.

JurisdictionFault ruleLimitationWorkplace page
Wyoming · you are hereModified comparative, 51% bar4 years from date of injury—
AlaskaPure comparative negligence2 years from date of injury or discoveryAK · workplace →
CaliforniaPure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)CA · workplace →
ColoradoModified comparative, 50% bar2 years for personal injury; 3 years for motor vehicleCO · workplace →
HawaiiModified comparative, 51% bar2 years from date of injuryHI · workplace →
IdahoModified comparative, 50% bar2 years from date of injuryID · workplace →
MontanaModified comparative, 51% bar3 years from date of injuryMT · workplace →
ConnecticutModified comparative, 51% bar2 years from date of injuryCT · workplace →
DelawareModified comparative, 51% bar2 years from date of injuryDE · workplace →
FloridaModified comparative, 51% bar2 years from date of injury (was 4; reduced by HB 837)FL · workplace →
IllinoisModified comparative, 51% bar2 years from date of injuryIL · workplace →
AlabamaPure contributory negligence2 years from date of injuryAL · workplace →
ArizonaPure comparative negligence2 years from date of injuryAZ · workplace →
★ WY · workplace · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

★ editorial note

Figures on this page are starting points: the US band adjusted for Wyoming's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Wyoming. See /methodology, /sources, and /disclaimer.