Common questions we face consist of:

Can I sue my employer for pain and suffering in Michigan?

What benefits am I entitled to under workers’ comp?

Let’s take a moment to walk through each.

Can I Sue My Employer for Pain and Suffering in Michigan?

No, because in Michigan, workers’ comp is considered to be your “exclusive remedy”. “Exclusive remedy” basically means you cannot file any separate lawsuit against your employer, including pain and suffering. The reason why Michigan has the exclusive remedy is because you are entitled to medical treatment, wage loss benefits, and vocational rehabilitation regardless of who was at fault for the injury.

Are There Any Exceptions?

There are two main exceptions we may see:

1. You may have grounds to sue for additional damages if your employer does not have the required workers’ comp insurance.
2. If your employer intentionally hurt you, you may have grounds for an intentional tort lawsuit.

What Benefits Am I Entitled To Under Michigan’s Workers’ Comp Law?

1. Medical Care: This consists of all reasonable and necessary treatment for your work-related injury. Also, after 28 days, you can choose your own doctor. This benefit can last a lifetime.
2. Wage Loss: You are entitled to 80% of your after-tax average weekly wage, which includes overtime, bonuses, lost fringe benefits, and income from second jobs. These payments may continue as long as you are disabled.
3. Vocational Rehabilitation: This benefit comes into place with helping you to begin a new career through training, education, job placement and much more if you can’t go back to your original job.

Can I Sue My Employer If My Comp Claim Is Disputed Or Denied?

No, regardless of the outcome, you cannot sue your employer. However, you do have legal recourse, which consists of filing an Application for Mediation or Hearing, which initiates a formal process in front of a magistrate.  This is where disputes over the benefits we have previously mentioned can be resolved. We see many of these cases and many end up being settled without having to go to trial.

Injured At Work? Contact The Law Offices Of David Zimmerman For a Free Consultation

Request a Free Case Evaluation now at 1-866-464-2889. Clients Represented in Thousands of Workers’ Compensation Claims, Trials, Settlements in Metro Detroit, Michigan, Lansing, MI, Flint, MI, Saginaw, MI, Monroe, Michigan, Michigan’s Thumb and Port Huron areas. Every day we work with our clients as we go about taking care of their crucial legal issues. The trust we develop with our clients is the foundation of our relationships. At the Law Offices of David Zimmerman, our attorneys help our clients achieve their goals by offering premium legal services. We never stop working to continuously strengthen those relationships.