Michigan lawyer discusses if you can sue your employer after a workers’ compensation claim.
In Michigan, workers’ compensation is considered the exclusive remedy for most workplace injuries which means that, in general, you cannot sue your employer after receiving work injury benefits. However, there are important exceptions. You may be able to file a lawsuit if your employer intentionally caused your injury, failed to carry the required workers’ compensation insurance, or illegally retaliated against you for filing a claim. Additionally, if a negligent third party—such as a contractor, equipment manufacturer, or property owner—contributed to your accident, you may have the right to pursue a separate third-party lawsuit for additional compensation.
Michigan adopted its first workers’ comp law in 1912. It was a grand bargain between labor and business. Workers’ comp is now the “exclusive remedy” when an employee gets hurt on-the-job. Employees are guaranteed benefits regardless of fault. Employers get protection from civil lawsuits and do not have to pay other damages. It is why you cannot sue your employer for just getting hurt at work.
What benefits can I get under workers' comp?
Workers’ comp pays for all medical expenses including attendant care, travel expenses, and home modifications. Emergency room visits, doctor appointments, hospital stays, surgery, physical therapy, medications, and durable medical equipment should all be covered. Employees can select their own doctors after 28 days from the start of medical care.
Vocational rehabilitation is available when an employee must be retrained for a new career. It is possible to get this insurance to pay for education and other items needed for retraining.
Workers’ comp pays lost wages equal to 80% of the employee’s after-tax average weekly. This calculation is based upon the highest 39 paid weeks during the 52 weeks before the injury occurred. It includes money for overtime, discontinued fringe benefits, and even second jobs. Payments continue for the entire length of disability but will be offset starting at age 65.
What if your work comp benefits are prematurely stopped?
You can't sue your employer if your Michigan workers' compensation benefits are stopped prematurely but you can file an Application for Mediation or Hearing to force payment of additional wage loss and medical benefits.
If you can’t sue your employer after a workers’ compensation claim in Michigan, then how do I maximize a settlement?
Knowing that you can’t sue your employer after a workers’ compensation claim in Michigan makes having an experienced attorney on your side even more critical. They can help get you significant medical, vocational, and wage loss benefits. They can help maximize the amount paid through a settlement.
Many of our clients want to cash out and move on with their lives. Settlement is an attractive option because it stops the insurance company from interfering with future plans. Settlement money can be used to get medical treatment, pay off debt, find a new job, start a business, or just retire.
Insurance companies are not stupid, and they understand the value of a workplace accident claim. Settlements are based upon exposure for medical treatment, vocational rehabilitation, and wage loss. Age, education, medical condition, and work restrictions all play important roles.
The trick to getting a fair settlement is by showing the insurance company what it could have to pay out in the future. This is done by developing medical and vocational evidence. Speak with an experienced workers’ comp lawyer who can help make sure fair value is paid.
Are there any exceptions to the general rule of not being able to sue your employer after a workers’ compensation claim in Michigan?
There are limited exceptions to the general rule that you cannot sue your employer after filing a workers’ compensation claim in Michigan. One is intentional tort—if your employer deliberately intended to injure you, you may have grounds for a lawsuit. Another is when an employer fails to carry the legally required work injury insurance. In that situation, you may be able to pursue a civil lawsuit for damages.
It is possible to sue an employer for an intentional tort. This is when they intended or were certain an accident would happen. Additional benefits including pain and suffering are available.
Employers who do not have the required workers' compensation insurance in Michigan lose the protection of the exclusive remedy provision and in that case you can sue your employer for additional damages if negligence can be shown. Watch out for employers who offer to pay workplace accident benefits in exchange for signing away legal rights. Any settlement agreement should be reviewed by an experienced lawyer. Just because benefits have been paid does not mean they are now immune to a lawsuit.
Why it's important to consult our Michigan workers' comp lawyer after a work injury
Because these cases are complex, you should consult with our workplace injury attorneys to understand your legal options and get guidance through the process. Our experienced and trusted Michigan workers’ compensation lawyers can review your situation, explain whether you may be able to sue your employer for intentional tort, for failing to carry the required work injury insurance, or pursue a third-party lawsuit, and fight to maximize the settlement you receive.
Have questions about suing your employer after a workers' compensation claim in Michigan? Call our attorneys now for a free consultation!
If you were injured on the job in Michigan and you have questions about suing your employer after a workers' compensation claim, call now (855) 221-2667 or fill out our contact form for a free consultation with an experienced lawyer. There is absolutely no cost or obligation. We’re here for you.
For more than 40 years, our lawyers have been helping people like you who have suffered from on the job injuries in Michigan. We understand the physical, emotional, and psychological hardships you are experiencing from your accident. We also have the skill, experience, and know-how to protect you and get you the best possible payout amount for your case.
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.
Remember, every work injury claim and settlement is different and must be negotiated on its own merits. Do not accept any payout amount without fully understanding your legal rights.
Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented hurt and disabled workers exclusively for more than 40 years. Call (855) 221-2667 for a free consultation today.
Related information:
Application For Mediation Or Hearing: What You Need To Know
