Michigan lawyer discusses the exclusive remedy provision and how you may be able to sue your employer for a workplace injury.
Employees who are hurt on-the-job in our state have significant legal protection. Many of the individuals who contact our office want to know whether they can sue their employer for a workplace injury in Michigan, or if they’re limited to workers’ comp. Here is some information about work-related injuries, potential benefits, and your legal options. Please remember that every case is different, so it is a good idea to speak with a lawyer about your own individual situation.
State law requires private employers to buy workers’ comp insurance. Employees are covered under workers’ comp insurance, and it does not matter if they were at fault. It covers medical bills, lost wages, and vocational rehabilitation. In exchange for these guaranteed workers’ comp benefits, employees give up the right to bring a lawsuit for pain and suffering. This is known as the exclusive remedy provision and means that injured workers generally cannot pursue a separate negligence claim for a work-related injury outside of the workers’ compensation system.
If you’ve suffered a workplace injury in Michigan, it may be possible to sue your employer through a separate lawsuit for intentional tort and seek damages for pain and suffering. A person must show that the employer intended the accident to occur. It is a very difficult burden of proof.
What Is The Deadline To Report A Workplace Injury?
In Michigan, in order to sue your employer for workers’ comp benefits, employees must give notice of workplace injury within 90 days from the time the accident occurred. (MCL 418.381) Notice can be oral so just telling a manager or supervisor is usually enough. However, it is a good idea to fill out a written accident report. This can be used as proof in the event of a dispute. Never wait until the following day to report an accident because this is a red flag for employers.
Claim must also be made within 2 years of the accident. (MCL 418.381(2)) It requires nothing more than asking for medical treatment or paid time off under workers’ comp. You cannot be fired in retaliation for making a workers’ comp claim. We recommend making a claim in writing so proof exists should a dispute occur later. This can be done by sending an email, text message, or letter.
Watch out for employers who refuse to accept notice or claim and make up excuses. Our experience shows that bad employers will refuse to accept notice or claim with the hope of stopping workers’ comp benefits before it even starts. It is critical to speak with an experienced workers’ comp lawyer should this happen to ensure legal rights are protected.
Can I Sue My Employer For A Workplace Injury In Michigan?
In most cases, you cannot sue your employer directly for a workplace injury in Michigan. Under the Workers’ Disability Compensation Act (MCL 418.131), workers’ compensation is generally the “exclusive remedy” for employees who are injured on the job. In exchange for no-fault medical treatment and wage-loss benefits, employees generally give up the right to bring a separate civil action for work-related injuries or illnesses. However, there are exceptions where a direct lawsuit may be possible:
- Intentional tort: If your employer deliberately intended to injure you — not just acted negligently — you may be able to file a civil suit for pain and suffering. This is a high burden of proof.
- Lack of insurance: If your employer failed to carry the workers’ compensation insurance required under Michigan law, you may be able to bring a civil action directly against them and seek damages outside of the workers’ compensation system.
- Third-party liability: If someone other than your employer contributed to your injury — such as a negligent subcontractor, an equipment manufacturer, or a driver in a work-related crash — you may be able to file a separate civil suit against that third party.
- Wrongful termination / retaliation: If you were fired for filing a workers’ comp claim, you may have a separate legal claim for wrongful termination.
How Long Do I Have To Sue My Employer For Workplace Injury In Michigan?
In Michigan, you generally cannot sue your employer for a workplace injury, regardless of how much time has passed. The Michigan Workers’ Disability Compensation Act makes workers’ compensation the exclusive remedy for most work-related injuries, meaning employees typically cannot file a negligence lawsuit against their employer. (MCL 418.131(1)) Instead, injured workers have 90 days to notify their employer of the injury and 2 years to file a workers’ compensation claim for benefits. (MCL 418.381(1))
A limited exception exists if your employer committed an intentional tort. If the intentional tort exception applies, the civil action is generally subject to Michigan’s 3-year statute of limitations for personal injury actions. (MCL 418.131(1); MCL 600.5805(2))
What’s The Difference Between A Workers’ Comp Claim And A Third-Party Claim?
If you’re wondering whether you can sue your employer in Michigan, the answer depends on how your workplace injury happened. If your accident involved someone other than your company — a subcontractor, an equipment manufacturer, or a negligent driver, for example — you may have two separate claims available at the same time: a workers’ comp claim and a third-party claim. Here’s how they differ:
| Feature | Workers’ Comp Claim | Third-Party Claim |
|---|---|---|
| Fault required? | No — no-fault system | Yes — must prove negligence |
| Who you file against | Your employer’s insurer | The negligent third party |
| Damages available | Medical bills, lost wages, vocational rehab | Medical bills, lost wages, plus pain and suffering |
| Can you file both? | Yes, often simultaneously | Yes, often simultaneously |
| Typical timeline | Faster, but capped benefits | Slower, but potentially larger recovery |
Because a workers’ comp claim and a lawsuit against a third party work differently, it’s worth having an attorney review your situation to determine whether you can sue your employer for a workplace injury in Michigan, or whether a third party may share liability instead.
Suffered A Workplace Injury In Michigan And Wondering If You Can Sue Your Employer? Call Our Attorneys Now For A Free Consultation!
If you were injured on the job in Michigan and you are wondering if you can sue your employer after a workplace injury, call now (855) 221-2667 to speak to an experienced attorney, or fill out our contact form for a free consultation. There is absolutely no cost or obligation. We’re here for you.
Our attorneys have been exclusively helping injured workers in Michigan for more than 40 years and can help you better understand work injury laws and explain what happens if you or a loved one 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 40 years. Call (855) 221-2667 for a free consultation today.
Related information:
I Was Injured At Work: What Are My Rights?
