Bill > HB5178

This bill modifies Michigan's worker's compensation law by clarifying and expanding the circumstances under which an employee can sue their employer beyond the standard workers' compensation exclusive remedy provision. The bill establishes two specific scenarios where an intentional tort claim can be pursued: first, when an employer deliberately injures an employee or has actual knowledge of a substantial injury risk and willfully disregards it; and second, when an employer seriously or willfully fails to comply with Michigan's occupational safety and health regulations. If an injury occurs under the second scenario, the bill mandates that the employee's weekly compensation be increased by 100%. The bill also clarifies that determining whether an act constitutes an intentional tort is a question of fact, not law, and provides broader definitions of "employee" and "employer" that include personal representatives, insurers, and service agents. These changes aim to provide additional protections and potential recourse for workers who are injured due to egregious employer negligence or intentional actions.

Government Affairs

https://legislature.mi.gov/Bills/Bill?ObjectName=2025-HB-5178