What the exclusive remedy provision means for employees who get hurt on-the-job and how to protect legal rights.
We offer free telephone and email advice to anyone who is hurt at work in Michigan. Most of the individuals who contact our office just want to know about their legal rights and how to protect themselves. Unfortunately, employers and insurance companies go out of their way to put up barriers to paying workers’ comp benefits. This leads to problems getting medical treatment and disability checks. Can you sue Michigan workers’ comp if benefits are disputed? The answer is yes! Can you file a lawsuit against Michigan workers’ comp for bad faith? The answer is probably no unless behavior is shocking and extreme.
Can you sue workers’ comp in Michigan after being hurt-on-the-job in Michigan?
In Michigan, you can sue workers’ comp after being hurt on the job for lost wages and medical treatment because it is the “exclusive remedy” for the employee. There are some exceptions including uninsured employers and intentional torts when a direct lawsuit against the employer can be filed.
Michigan law requires all reasonable and necessary medical treatment to be paid under workers’ comp. This includes ambulance runs, emergency room visits, doctor appointments, medication, physical therapy, and surgery. Disabled employees should also get 80% of their after-tax average weekly wage for lost wages.
Can you file a lawsuit against Michigan workers’ comp if benefits are disputed?
In Michigan, employees who find their work injury claim disputed can file a lawsuit againsts workers’ comp and force payment of benefits. Insurance companies find all kinds of dumb reasons to dispute workers’ comp benefits. This includes fake legal requirements, unreliable statements from coworkers, and biased medical opinions.
How do you sue workers’ comp in Michigan?
In Michigan, employees can sue workers comp if they find their workers’ comp benefits disputed. They can file an Application for Mediation or Hearing. A magistrate will be assigned who will review medical evidence and listen to the facts. He or she will decide about payment. Most of these disputed cases end up being settled for a lump sum cash payment.
We recommend hiring an experienced workers’ comp lawyer to file any lawsuit. Complex evidentiary rules apply to these hearings and common sense is not enough to prevail. These cases are handled on contingency so there is no attorney fee unless you win.
Can you sue an employer directly for workers’ comp?
Uninsured employers are still responsible for payment of workers’ comp benefits. It is possible to sue them directly for payment of medical and wage loss benefits. They also lose the protection of the exclusive remedy provision and can be sued for negligence. Pain and suffering damages would be available.
It is also possible to sue an employer for an intentional tort. This requires a showing that the employer actually intended to hurt you. It is an extremely difficult burden, and most people are not successful. Examples of successful cases include when the employer punched, kicked, or otherwise assaulted you.
Injured while on-the-job in Michigan? Contact our lawyers now
If you were injured while on the job in Michigan and you are wondering if you can sue workers’ comp, call now or fill out our contact form for a free consultation. There is absolutely no cost or obligation. Our attorneys are here for you.
Our attorneys have been exclusively helping injured workers in Michigan for more than 35 years. Our attorneys can help you better understand Michigan work injury laws and what happens after someone has been hurt on the job. To see what our own clients have to say about the caring, compassion, and communication they received from us, you can read in their own words about their experience here on our testimonials page from clients we have helped.
Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 35 years. Call (844) 201-9497 for a free consultation today.