Other remedies when you get hurt at work

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What are some of the exceptions to the exclusive remedy provision under Michigan workers’ compensation law?

Our blog post from yesterday was devoted to the exclusive remedy provision contained in the Worker’s Compensation Disability Act of 1969 (WDCA). This says an employee cannot sue his or her employer for negligence and is limited to workers’ compensation benefits. Here are some important exceptions to this rule that employees should know about.

1. Intentional tort

It is possible to sue an employer for additional damages beyond workers’ compensation under an intentional tort theory. An employee hurt on-the-job must prove the employer intended or was certain an injury would occur. This is a very difficult burden of proof and most people will not qualify for this exception.

2. Uninsured employers

Workers’ compensation insurance is mandatory for most businesses in Michigan. Employers who are are uninsured are still responsible for the payment of workers’ compensation benefits and lose the protection of the exclusive remedy provision. This means they could be liable for negligence in a civil lawsuit.

3. Third-party at fault

Employees are limited to workers’ compensation benefits when they get hurt on-the-job. However, this does not stop them from seeking additional damages from the party responsible. This usually occurs with defective products, automobile accidents, and medical malpractice.

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) 201-9497 for a free consultation today.

Related information:

Car accident while driving for work

Photo courtesy of Creative Commons, by Wesley Fryer.

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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

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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.