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MI HB5748
Bill
Status
6/14/2012
Primary Sponsor
John Olumba
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AI Summary
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Removes the exclusive remedy provision that prevented employees from suing employers for workplace injuries, instead making workers' compensation benefits an optional alternative to filing a civil action.
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Allows employees to choose between accepting workers' compensation benefits or pursuing a personal injury lawsuit against their employer for workplace injuries or occupational diseases.
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Eliminates the intentional tort exception language that previously allowed lawsuits only when an employer deliberately acted with specific intent to injure an employee with actual knowledge that injury was certain.
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Provides that if an employee chooses to proceed under the workers' compensation act, recovery of benefits becomes the exclusive remedy against the employer.
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Defines "employee" to include injured persons and their representatives, and "employer" to include insurers and service agents for self-insured employers providing safety services.
Legislative Description
Worker's compensation; exclusive remedy; option to bring civil action; allow worker choice. Amends sec. 131 of 1969 PA 317 (MCL 418.131).
Worker's compensation, exclusive remedy
Last Action
Printed Bill Filed 06/15/2012
7/18/2012