In Michigan, you generally cannot sue your employer for a work injury because workers’ compensation acts as the exclusive remedy. (MCL 418.131(1)) However, you can sue outside of workers’ comp if your employer intentionally caused the injury, was uninsured, or if a negligent third party was responsible.
Michigan law requires all reasonable and necessary medical treatment to be paid under workers’ comp. (MCL 418.315(1)) 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. (MCL 418.301(7))
Understanding the 3 legal exceptions to the rule
While the exclusive remedy provision protects employers from standard negligence claims, you can file a civil lawsuit outside of the workers’ comp system under three specific exceptions:
- Intentional Torts: Your employer engaged in deliberate, willful actions specifically intended to cause you physical injury.
- Uninsured Employers: Your company illegally failed to carry mandatory workers’ compensation insurance at the time of your accident.
- Third-Party Negligence: A non-employer entity—such as a negligent driver, subcontractor, or defective equipment manufacturer—caused your injury.
To help you determine if you can sue workers’ comp in Michigan or if your specific workplace injury qualifies for one of these rare legal exceptions, let’s break down how Michigan courts define these rules and what steps you need to take next.
When you cannot sue your employer in Michigan
- Exclusive remedy: Workers’ comp replaces your right to sue your employer for a work injury.
- No-fault system: You receive benefits even if the accident was your own fault.
- Coworker protection: You generally cannot hold a coworker liable for an ordinary on-the-job mistake.
Rare exceptions to the rule
- Uninsured employer: You may sue directly if your employer lacked required workers’ comp coverage.
- Intentional harm: A lawsuit is possible if your employer deliberately caused your injury.
Employers (officers and directors) are still responsible for payment of workers’ comp benefits even if they don’t have workers’ comp insurance and can be sued directly. (MCL 418.647(2)) Employers also lose the protection of the exclusive remedy provision and can be sued for negligence, and pain and suffering damages would be available under this circumstance. (MCL 418.641(2))
It is also possible to sue an employer for an intentional tort. (MCL 418.131(1)) This requires a showing that the employer 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.
Can you sue your employer for workers’ comp in Michigan?
No, you generally cannot sue your employer for workers’ comp in Michigan, because workers’ comp is your “exclusive remedy” under MCL 418.131(1). The only exceptions are if your employer was uninsured or intentionally caused your injury.
Can you sue a third party instead of workers’ comp in Michigan?
If someone other than your employer or a coworker caused your work injury, you can typically file a separate personal injury lawsuit against that person or company — in addition to your workplace injury benefits.
- Common examples: A negligent driver, a defective equipment maker, or a negligent property owner.
- Key advantage: A third-party lawsuit can recover pain and suffering damages that workplace injury benefits do not pay.
Your workers’ comp carrier has a lien on any third-party recovery for the benefits it has already paid you, and is reimbursed for that amount before you receive the remaining balance. (MCL 418.827(5)) This lien does not disappear just because you settle with the third party directly. (MCL 418.827)
Can you sue your workers’ comp insurer over denied benefits in Michigan?
In Michigan, employees who find their work injury claim disputed can sue workers’ comp and force payment of benefits. They can file an Application for Mediation or Hearing (WC 104A).
We recommend hiring an experienced lawyer to file any lawsuit. Complex evidentiary rules apply to these hearings, and common sense is not enough to prevail at trial. A magistrate will expect medical records, wage documentation, and often testimony from a treating physician or vocational expert — insurance company attorneys know how to challenge weak or incomplete evidence, and an unrepresented claimant is at a significant disadvantage going up against them.
An experienced lawyer can also negotiate with the insurance company before a hearing is even necessary, which is how most disputes actually get resolved. If negotiation doesn’t work, they’ll know how to build the record, cross-examine an insurance company’s medical expert, and preserve your right to appeal if the magistrate rules against you.
These cases are handled on contingency, so there is no attorney fee unless you win.
Can you sue workers’ comp for pain and suffering in Michigan?
No, workplace injury benefits do not include pain and suffering damages. These benefits only cover medical care, wage-loss payments, and vocational rehabilitation. Pain and suffering is only available if you have grounds to take legal action against a third party or an uninsured employer.
This is a key difference from a car accident or slip and fall at work claim, where pain and suffering is often the largest part of the recovery. Because workplace injury benefits are limited to economic losses, an injured worker’s total compensation can end up lower than what a similarly injured person might recover through a personal injury lawsuit — which is part of why the third-party and uninsured-employer exceptions matter so much when they apply.
What can you do if your workplace injury claim is denied?
You can file an Application for Mediation or Hearing to dispute a denied work injury claim. A magistrate will review the medical evidence and decide whether you’re owed benefits.
Most disputes are resolved before a magistrate hearing is even needed. Insurance companies often reconsider once they know a formal application has been filed, since they must justify the denial with evidence. If the dispute does go to hearing, the magistrate’s decision can be appealed within a limited window, so it’s worth having an attorney involved early rather than waiting until after a denial to get help.
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 employees throughout the state for more than 40 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.
We never charge a fee to evaluate a potential case. Our law firm has represented injured and disabled employees exclusively for more than 40 years. Call (855) 221-2667 for a free consultation today.
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