Can I Sue My Employer For Negligence After An Accident?

Call now for a free consultation
Available 24/7

Injured? It’s Time to Get Some Answers

Don’t let the insurance adjuster push you around. Request your free consultation today.

"*" indicates required fields

This field is for validation purposes and should be left unchanged.
Get Help From our Michigan Workers’ Comp Lawyers Today
You’re not alone. Our Michigan workers’ comp lawyers have been called the best in the state, and we pride ourselves on providing you with care, trust, and responsiveness.
Can I Sue My Employer For Negligence After An Accident?

Michigan attorney answers the question “can I sue my employer for negligence in Michigan?” by explaining how workers’ compensation is considered the “exclusive remedy” and potential exceptions to the general rule about being able to file a lawsuit.

Can I sue my employer for negligence in Michigan? This is a tough question with a complicated answer. Here is some general information about workers’ compensation and other potential remedies. Please remember that every situation is different, so it is a good idea to consult with an experienced attorney.

Michigan adopted its first workers’ compensation law in 1912. It was designed as a grand bargain between labor and business. Employees hurt on-the-job are guaranteed benefits regardless of fault. If you try to sue your employer for negligence it is important to note that some employers get protection from civil lawsuits even when they are negligent.

Workers’ compensation is now the exclusive remedy when an employee gets injured on-the-job. It pays 100% of medical bills including mileage, attendant care, and home/vehicle medications. Wage loss benefits equal to 80% of the after-tax value of an employee’s average weekly wage should also be paid. Vocational rehabilitation is available when an employee must be retrained for a new career.

Exception 1: Intentional tort

Intentional tort is an exception to the exclusive remedy provision in the workers’ compensation law. An employee has the right to sue his or her employer for additional damages if there was an intention to hurt. A clear example is when an employer physically assaults his or her employee. Watch out for situations where an employer uses tools, materials, or machinery to intentionally strike or hit. Another situation that would qualify as an intentional tort is when an employer knows that his or her employee will get hurt. It is a difficult burden of proof but not impossible when there is clear evidence.

Exception 2: Employer has no workers’ compensation insurance

Can I sue my employer for negligence when they do not have workers’ compensation insurance? Michigan law requires most employers purchase workers’ compensation insurance. Employers who do not have workers’ compensation insurance are still required to pay medical, wage loss, and vocational rehabilitation benefits. Uninsured employers lose the protection of the exclusive remedy provision and can also be sued for negligence. This opens the door for pain and suffering damages.

Exception 3: Third party claims

Can I sue my employer for negligence if a third party was negligent?Employees hurt on-the-job can bring a lawsuit against a third party who was negligent. It can be difficult to know who is shielded under the workers’ compensation law and who can be sued for negligence. This is especially true on construction sites where general and subcontractors work closely together. It is also common when machines are manufactured or maintained by another party. We recommend speaking with an attorney to make sure no lawsuits are missed.

Exception 4: Wrongful termination

Michigan law prohibits an employer from firing or in any way discriminating against an employee who exercises a right under workers’ compensation. This includes unfair performance reviews, harassment, changes to job duties, demotion, salary reduction, negative references, and unwarranted disciplinary action. A civil lawsuit is permitted against the employer and is totally separate from workers’ compensation payments.

Feel free to contact us if you have more questions surrounding if you can sue your employer for negligence after an accident in Michigan. Our 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.

Related information:

What To Do When Workers’ Comp Won’t Pay Benefits?

Leave a Reply

Your email address will not be published.

Author Bio Jeffrey Kaufman

Author
Jeffrey E. Kaufman
Michigan Workers Comp Attorney

Jeffrey E. Kaufman has extensive experience in workers compensation cases and has recovered millions of dollars in benefits for his clients. He believes all injured workers deserve to be on equal footing with insurance companies and employers, and fights tenaciously so their rights are secured and protected.


“Jeff also helped me with getting my Blue Cross bills paid. I would absolutely recommend him and the whole firm. Jeff and the firm did everything they were supposed to do for me and my case.”
Ricardo Perfetto

Hundreds of 5-Star Reviews

Related Blog Posts

Get Help From our Michigan Workers’ Comp Lawyers Today

You’re not alone. Our Michigan workers’ comp lawyers have been called the best in the state, and our clients love how they’re treated with care, respect, and responsiveness. We will give you the time you need, we will explain your legal rights, and we will always treat you with respect.

Our workers’ compensation and Social Security disability lawyers always put your needs first. Get to know your legal team.

Our attorneys post regularly about common issues related to workers’ comp, including common injuries, settlement calculations, laws, and more.

Injured? It’s Time to Get Some Answers

Don’t let the insurance adjuster push you around. Request your free consultation today.

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

Our attorneys post regularly about common issues related to workers’ comp, including common injuries, settlement calculations, laws, and more.

Our workers’ compensation and Social Security disability lawyers always put your needs first. Get to know your legal team.