Suing Over a Work Injury in Michigan
When Michigan law lets an injured worker sue the employer, suing a third party such as a driver or equipment maker, and what to do if the employer has no workers' comp.
Short answer: Workers' comp benefits are the employee's exclusive remedy against the employer for a personal injury or occupational disease. MCL 418.131(1)
| Suing your employer | Workers' comp benefits are the employee's exclusive remedy against the employer for a personal injury or occupational disease. The only exception is an intentional tort: the employer deliberately acted and specifically intended an injury, or had actual knowledge an injury was certain to occur and willfully disregarded it. Whether there was an intentional tort is decided by the court. Read on legislature.mi.gov on 2026-10-28. Source: MCL 418.131(1) |
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| Suing someone other than your employer | Accepting workers' comp does not stop an injured worker from also suing a third party (anyone other than the employer or a co-worker) who is legally liable. If the worker does not sue within 1 year after the injury, the employer or insurer may sue that person in the worker's name. At least 30 days before any party files such a suit, it must notify the bureau, the worker (or dependents), the employer and the insurer by certified mail. Read on legislature.mi.gov on 2026-10-28. Source: MCL 418.827(1) |
| If your employer has no workers' comp | An employer that fails to carry required coverage commits a misdemeanor (a fine of up to $1,000, up to 6 months in jail, or both, with each day a separate offense). An injured employee of such an employer may sue the employer for damages in a civil action despite the exclusive-remedy rule, and the state may recover benefit costs from the uninsured employer, with corporate officers and directors personally liable for unpaid amounts. Read on legislature.mi.gov on 2026-10-28. Source: MCL 418.641(1)-(3) |
Where to get help in Michigan
More Michigan workers' compensation
- Filing a Workers' Comp Claim in Michigan
- How Much Workers' Comp Pays in Michigan
- Workers' Comp Settlements in Michigan
- Retaliation for Filing Workers' Comp in Michigan
- Appealing a Denied Workers' Comp Claim in Michigan
- All Michigan workers' compensation rules
FAQ
Can you sue your employer for a work injury in Michigan?
Workers' comp benefits are the employee's exclusive remedy against the employer for a personal injury or occupational disease. The only exception is an intentional tort: the employer deliberately acted and specifically intended an injury, or had actual knowledge an injury was certain to occur and willfully disregarded it. Whether there was an intentional tort is decided by the court.
Can you sue a third party for a work injury in Michigan?
Accepting workers' comp does not stop an injured worker from also suing a third party (anyone other than the employer or a co-worker) who is legally liable. If the worker does not sue within 1 year after the injury, the employer or insurer may sue that person in the worker's name. At least 30 days before any party files such a suit, it must notify the bureau, the worker (or dependents), the employer and the insurer by certified mail.
What if my employer doesn't have workers' comp insurance in Michigan?
An employer that fails to carry required coverage commits a misdemeanor (a fine of up to $1,000, up to 6 months in jail, or both, with each day a separate offense). An injured employee of such an employer may sue the employer for damages in a civil action despite the exclusive-remedy rule, and the state may recover benefit costs from the uninsured employer, with corporate officers and directors personally liable for unpaid amounts.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.