Loading chat...

MI HB5748

Bill

Status

Introduced

6/14/2012

Primary Sponsor

John Olumba

Click for details

Origin

House of Representatives

96th Legislature

AI Summary

  • 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.

  • Allows employees to choose between accepting workers' compensation benefits or pursuing a personal injury lawsuit against their employer for workplace injuries or occupational diseases.

  • 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.

  • Provides that if an employee chooses to proceed under the workers' compensation act, recovery of benefits becomes the exclusive remedy against the employer.

  • 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

Committee Referrals

Commerce6/14/2012

Full Bill Text

No bill text available