The bill amends the Worker's Disability Compensation Act of 1969, specifically section 131, to clarify the conditions under which an employee can pursue a claim against their employer for personal injury or occupational disease. It establishes that the right to recover benefits is the employee's exclusive remedy against the employer, except in cases of intentional torts. The bill defines an intentional tort as occurring when an employee is injured due to a deliberate act by the employer that was intended to cause harm, or due to the employer's serious or willful failure to comply with safety regulations under the Michigan Occupational Safety and Health Act.
Additionally, the bill stipulates that if an injury occurs as a result of the employer's serious or willful failure to comply with safety standards, the weekly compensation for the injured employee must be increased by 100%. The definitions of "employee" and "employer" are also expanded to include personal representatives and insurers, respectively, ensuring that all parties involved in worker's compensation claims are clearly identified.
Statutes affected: House Introduced Bill: 418.131