Michigan workers’ comp lawyer discusses the exclusive remedy provision and explains what conduct is necessary to file a lawsuit for harassment.
Many of our clients are shocked to learn how difficult it can be to get workers’ comp. They are under constant pressure to sign medical authorizations, give a recorded statement, and see insurance company doctors. Benefits get disputed for no good reason and the burden is on the disabled employee to file an Application for Mediation or Hearing. Many of our clients want to know if they sue workers’ comp for harassment in Michigan? No, but you can file a claim for medical treatment, vocational rehabilitation, and lost wages. This often results in a lump sum cash settlement.
We have seen all kinds of harassment from workers’ comp. This includes being sent to so-called “independent” medical examinations where people are seen for less than 5 minutes and are barely even touched. They are told to return to work despite what their own doctors prescribe. Medical treatment does not get approved, and people suffer. Though, in Michigan you cannot sue workers’ comp for harrassment, there are a few exceptions that everyone should know about.
Can you sue workers’ comp for harassment in Michigan?
In Michigan, you cannot sue workers’ comp for harassment. The exclusive remedy provision limits a disabled employee to a claim for medical treatment, vocational rehabilitation, and lost wages. A person cannot sue his or her employer for harassment. However, it is possible to file for an intentional tort or emotional distress claim, but these are extremely difficult.
According to Michigan workers’ comp law, you cannot file sue for pain and suffering damages based upon harassment. However, a person would still be entitled to medical treatment, vocational rehabilitation, and lost wages. These payments should be made regardless of anyone’s behavior.
An exception to the Michigan workers’ comp exclusive remedy provision which could allow you to sue for harassment would be an intentional tort claim. This is when it can be shown that an employer actually tried to harm a person. An argument can be made that harassment can result in a psychological injury. It is possible under these circumstances to sue for pain and suffering damages. A person would need to show intent with almost certainty that harm would occur. It is an extremely difficult burden of proof.
A lawsuit for intentional inflection of emotional distress can also be filed against the insurance company who is responsible for payment. However, conduct must be so extreme that it shocks the conscious. It has to be reckless. This is an extremely difficult burden of proof and just disputing a workers’ comp claim would not be enough.
We recommend speaking to an experienced lawyer to find out about all of your legal rights and if the option to sue workers’ comp for harassment is available. We offer free telephone advice, and everything said is 100% confidential. There is never a fee unless money is recovered.
Injured on the job in Michigan? Contact our lawyers now
If you were injured while on the job in Michigan and are wondering if you can sue for harassment or have any other questions about your workers’ comp claim, 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) 316-8033 for a free consultation today.