Yes. In Michigan, workers’ comp generally covers workplace violence if the injury occurs “in the course of employment” and “arises out of” the job under MCL 418.301. An employee injured in an assault, fight, or violent incident on the job can typically receive benefits, provided the violence is connected to their employment—such as occurring while performing job duties or because the job exposed the worker to that specific risk.
When will workers’ comp not cover workplace violence in Michigan?
In Michigan, workers’ comp will not cover workplace violence if the injury fails to meet the threshold of “arising out of and in the course of employment” under MCL 418.301. This most commonly occurs when the violence is driven by purely personal motives unrelated to the job, meaning the employment itself did not create or increase the risk of the incident
This includes situations where an employee is assaulted due to a personal dispute, domestic conflict, or pre-existing relationship issue that has nothing to do with job duties. It can also apply when a coworker assault stems from a private conflict unrelated to job responsibilities. In these cases, state law treats the injury as personal in origin rather than work-related, meaning job injury benefits do not apply.
Michigan workers’ comp law
Michigan law protects employees who are hurt on-the-job regardless of fault. Workers’ comp benefits include medical treatment and payment of lost wages. In exchange, the employer gets protection from civil lawsuits. No pain and suffering will be available. To qualify for workers’ comp benefits, an event must arise out of and in the course of employment.
Does workers’ comp cover workplace violence between employees in Michigan?
Yes, Michigan workers’ comp covers workplace violence between employees provided the dispute involved work-related issues, such as disagreements over how a job was performed, tool usage, or personal conflicts directly aggravated by on-the-job stress..
Are you covered for any injuries suffered during a robbery?
Employees hurt during a robbery are covered. It is quite common for an employee to not only suffer physical injuries but also mental or emotional trauma.Yes, employees who suffer physical injury and emotional trauma will be covered. This includes treatment for conditions such as post-traumatic stress disorder (PTSD).
Does workers’ comp cover workplace violence that happens during social activities in Michigan?
Injuries from workplace violence during social or recreational activities may be covered under workers’ comp if the activity is sufficiently connected to employment. (MCL 418.301) This connection is typically established if attendance is required, strongly encouraged, tied to job benefits, or functions as a core part of the employer’s work culture or business purpose.
So, for example, a company softball league may fall within coverage if employees are required to participate, expected to attend, or face consequences for not participating. If a coworker then commits a violent act during that event, the injury can still “arise out of and in the course of employment” because the employer-sponsored activity created the setting and risk. On the other hand, if participation is completely voluntary and unrelated to work duties or expectations, coverage is much less likely.
Does workers’ comp cover workplace violence that happens with customers in Michigan?
Yes, workers’ comp covers workplace violence involving customers if the injury arises out of and in the course of employment — which can include incidents that happen after hours or in the parking lot, not just while actively performing work duties — under MCL 418.301. Coverage depends entirely on whether the employment placed the worker in the situation where the injury occurred, regardless of the customer’s specific motive.
This includes assaults or attacks by customers even when the underlying reason is personal, mistaken identity, or unrelated to the employee’s job. As long as the employee is injured in the course of employment and the job exposed them to customer interaction, the claim is generally compensable under state law.
What about intentional tort lawsuits for pain and suffering?
In Michigan, acts of physical violence in the workplace can, in some situations, cover injuries under workers’ comp, but they may also be treated as an intentional tort, which is a separate legal claim. Unlike our state’s workers’ injury benefits system—which is generally the exclusive remedy for on-the-job injuries and does not allow recovery for pain and suffering—an intentional tort claim can allow an injured employee to pursue additional civil damages, including pain and suffering and emotional distress.
If the person who committed the assault is the employer or a supervisor acting outside the scope of their employment, that conduct may fall outside the exclusive remedy rule. In those cases, the injured employee may be able to bring a separate civil lawsuit against the individual responsible, because intentional acts are not protected in the same way as accidental job-related injuries are covered under the system.
The key distinction is intent. Routine job-related injuries are handled through work injury benefits system, but deliberate acts of harm can potentially open the door to a civil lawsuit in addition to, or outside of, that system.
Injured while on the job in Michigan? Contact our lawyers for a free consultation!
If you were injured on the job in Michigan due to a workplace violence incident and you are wondering if workers’ comp covers your injury and need help with your claim, call now at (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 workplace 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 workers’ comp claim 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 law firm has consistently secured the largest settlements in the state and is the best choice for your case. We never charge a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 40 years. Call (855) 221-2667 for a free consultation today.
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