When to Sue After a Workplace Injury

A woman with a wrist splint points to a bent safety guard on a factory press while an older man examines it with a flashlight

In short

Workers' comp is usually your only claim against your employer, even if it was careless. In Michigan, you can sue your employer over the injury only if it failed to carry the required coverage or committed an intentional tort (MCL 418.641(2), 418.131(1)).
Michigan's intentional-tort exception is narrow. The employer must have specifically intended an injury, or had actual knowledge that an injury was certain to occur and willfully disregarded it. Knowing a machine was malfunctioning isn't enough by itself (Travis v Dreis & Krump, 1996).
You can often sue someone else who caused the injury, such as a driver, another contractor, a property owner or an equipment maker. In Michigan, taking comp doesn't give up that right (MCL 418.827(1)).
In Michigan, the comp insurer is generally repaid from a third-party recovery, after the costs of getting it, for what it has paid or owes to date. The rest goes to you as an advance on future comp (MCL 418.827(5)).
Michigan deadlines: tell your employer within 90 days, make your comp claim within two years (MCL 418.381(1)), and, in most cases, sue a third party within three years (MCL 600.5805(2)).

You were hurt on the job, and you’re wondering whether you can sue. Here’s the plain answer. You usually can’t sue your employer: workers’ compensation is your claim against them, even if they were careless. But you can often sue someone else whose carelessness or defective product caused the injury, such as a driver who hit you, another contractor on the site, a property owner or the company that made a dangerous machine. In a few narrow situations, you can sue your employer too. Either way, file your workers’ comp claim first. Taking comp usually doesn’t stop a lawsuit against someone else.

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Can you sue your employer for a work injury?

Usually not. Workers’ comp is a trade: you get medical care and part of your lost wages without proving fault, and in return the law limits what you can recover from your employer, even one that cut corners. Some comp laws also shield coworkers from liability in most accidents (Legal Information Institute).

The exceptions are narrow and vary by state. Railroad workers and seamen are different: federal law lets them sue their employer for injuries caused by its negligence (45 U.S.C. § 51; 46 U.S.C. § 30104).

Why should you file for workers’ comp first?

Even if someone else caused your injury, start with the comp claim:

It pays now. Comp covers medical care and part of your lost wages without proving fault. A lawsuit pays only after a settlement or a verdict, and that takes time.
You don’t have to choose. In Michigan, accepting comp “shall not act as an election of remedies,” so it doesn’t give up a lawsuit against someone else (MCL 418.827(1)).

Its deadlines are also shorter; see the deadlines below. Compare the two claims in workers’ comp versus a personal injury claim, and see how workers’ compensation works.

Who else can you sue after a work injury?

Often, anyone other than your employer or a coworker whose carelessness or defective product caused your injury, such as the people and companies below. This is called a third-party claim. Unlike comp, you must prove that the other party was negligent, meaning it wasn’t reasonably careful, or that its product was defective, and that this caused your injury. In return, it can pay for what comp doesn’t, such as pain and suffering and the rest of your lost wages, reduced by any share of the fault that was yours.

The maker of a machine, tool or chemical

If a defective machine, tool or safety device hurt you, the company that made it, and sometimes one that sold it, may be liable under product liability law. The machine usually belongs to your employer and may be repaired or scrapped, so photograph it, its labels and its serial plate if you can, and ask a lawyer early about preserving it.

Chemicals, dust and fumes work the same way: the companies that made or supplied the substance may be liable, for example for failing to warn about the danger. An illness can appear years after the exposure, so talk to a lawyer as soon as a doctor connects it to your work. See toxic exposure lawsuits.

Orange forklifts parked in a warehouse aisle beside shelves stacked with boxes

In Michigan: A maker or seller isn't liable for a production defect unless you prove the product wasn't reasonably safe when it left their control, and that, under generally accepted production practices at that time, a practical and technically feasible alternative production practice was available that would have prevented the harm without significantly impairing the product's usefulness or desirability and without creating an equal or greater risk of harm to others (MCL 600.2946(2)). For a failure to warn, a maker or seller isn't liable unless you prove the maker knew or should have known about the risk, based on the scientific, technical or medical information reasonably available when the product left the maker's control (MCL 600.2948(3)). "Production" includes design, manufacture, warnings and labeling (MCL 600.2945(i)). A maker or seller isn't liable for harm caused by an alteration of the product, such as a removed safety guard, unless the alteration was reasonably foreseeable (MCL 600.2945(a), 600.2947(1)).

The owner of the property where you were hurt

If you were hurt at a place your employer doesn’t own or control, the owner or whoever controls it may be liable for a dangerous condition. Think of a customer’s loading dock, a store on your delivery route or an icy walkway at someone else’s building. What the owner owed you depends on your state’s rules; see premises liability claims.

A person in winter boots slipping and falling backward on packed snow

Another contractor on the job

On a construction site or in a shared workplace, a worker from another company may cause the accident, such as another subcontractor’s crane operator. That company isn’t your employer, so you can often sue it for its own carelessness. For more, see construction site accidents.

A driver who hit you while you were working

A crash while you were driving for work can lead to a comp claim and a claim against the at-fault driver. In a no-fault state like Michigan, no-fault auto insurance adds a third.

In Michigan: A crash at work can involve three claims:

Workers' comp pays first. Comp benefits are subtracted from your no-fault personal injury protection (PIP) benefits (MCL 500.3109(1)).
PIP. In a vehicle your employer owns or registered, PIP comes from that vehicle's insurer (MCL 500.3114(3)). Give the PIP insurer written notice within one year of the crash, unless it has already paid benefits (MCL 500.3145(1)).
The at-fault driver. You can claim pain and suffering only if the crash caused death, serious impairment of body function or permanent serious disfigurement, and not if you were more than 50% at fault. If you live in Michigan, you can also claim economic losses above PIP's limits without meeting that injury threshold (MCL 500.3135(1), (2)(b), (3)(c), (d)).

You generally can't sue a coworker who was driving (MCL 418.827(1)). See how PIP and a lawsuit work together.

Not sure who else is responsible for your injury? Get a free case review. Four quick questions, no cost, no obligation.

When can you sue your employer?

Only in narrow situations.

When your employer meant to hurt you

An intentional tort is a deliberate wrong that injures someone. States draw this line differently, so check your state’s rule.

In Michigan: An intentional tort exists "only when an employee is injured as a result of a deliberate act of the employer and the employer specifically intended an injury." An employer is treated as intending an injury "if the employer had actual knowledge that an injury was certain to occur and willfully disregarded that knowledge." Whether an act was an intentional tort is "a question of law for the court," so a judge decides whether the facts, if proven, add up to one (MCL 418.131(1)).

In Travis v Dreis & Krump Manufacturing Co (1996), five of the Michigan Supreme Court's seven justices agreed on a strict reading of those words. Actual knowledge means actual: it isn't enough that the employer should have known, though a supervisor's or manager's knowledge counts for a company. Certain means no doubt: the odds of an injury, or the fact that one happened before, don't make one certain. But a jury may find that knowledge when an employer exposes a worker to a "continuously operative dangerous condition" it knows will cause an injury, and keeps the danger from the worker.

The bar is high. Aimee Travis's supervisor knew her press had been malfunctioning for about a month, sometimes cycling on its own. He refused advice to shut it down for repairs and assigned her to it without telling her. It came down on her hands, and both little fingers were amputated. The same five justices agreed that her claim failed, and two dissented. Because the press malfunctioned only now and then, the lead opinion said, her employer "may have negligently permitted an unsafe work environment to exist," but "no intentional tort was committed."

When your employer had no workers’ comp coverage

If your employer was required to carry comp and didn’t, you may be able to sue it directly. Rules vary: Texas, for example, lets private employers choose whether to carry comp, with some exceptions (Texas Department of Insurance).

Does the comp insurer get paid back if you win?

In Michigan, yes, and other states have their own rules. Get the numbers in writing before you settle.

In Michigan: From a recovery against a third party, the costs of getting it, including attorney fees, come off first. The court divides those costs between you and the employer or insurer "as their interests appear" (MCL 418.827(5), (6)). The employer or its insurer is then repaid "any amounts paid or payable under this act to date of recovery," including medical care and funeral expenses (MCL 418.827(5), (7)). The rest is paid to you right away, but it's treated as an advance on your future comp benefits, so it can reduce the comp you receive later (MCL 418.827(5)). After a car crash at work, though, the comp insurer generally can be repaid out of what you recover from the at-fault driver only for comp beyond what no-fault insurance would have paid, such as wage-loss benefits after no-fault's three years of income benefits end (Great American Ins Co v Queen, Michigan Supreme Court, 1980; MCL 500.3107(1)(b)).

Can you sue if you’re fired for claiming comp?

Depending on your state’s law, you may have a separate claim for the firing itself. Our guide to being fired while on workers’ comp covers what counts as retaliation, how to prove it and the deadlines.

Should you report the hazard to OSHA or MIOSHA?

You can, and it may protect your coworkers. A complaint to OSHA, the federal Occupational Safety and Health Administration, or to your state’s OSHA-approved plan can lead to an inspection, but it doesn’t pay for your injury.

What are the deadlines?

Each claim has its own clock. Meet the shortest one first.

In Michigan: As of September 2026:

Tell your employer within 90 days after the injury, or after you knew or should have known about it (MCL 418.381(1)).
Make your comp claim within two years, counted from the latest of the injury, the date the disability showed itself or your last day working for that employer (MCL 418.381(1)).
Sue a third party within three years of the injury in most cases, product cases included (MCL 600.5805(2), (12)). If you haven't sued within one year, your employer or its insurer can sue in your name (MCL 418.827(1)).
Before a third-party lawsuit, notice must go by certified mail, at least 30 days before it's filed, to the state's comp agency, the injured worker, the employer and its insurer (MCL 418.827(1)).

A crash at work adds the one-year PIP notice above. For every Michigan deadline in one place, see Michigan personal injury deadlines.

Do you need a work injury lawyer?

Not always for the comp claim itself, but talk to one before you give up on a denied claim, agree to a settlement that closes it or sue someone other than your employer. If the insurer accepts your claim and pays on time, you may not need one.

A lawyer matters most when:

Your comp claim is denied or your checks stop, and the dispute is headed for mediation or a hearing before a magistrate (in Michigan, MCL 418.847).
You’re offered a settlement. A Michigan redemption is “a complete and final settlement of your claim” (Workers’ Disability Compensation Agency). It needs a magistrate’s approval (MCL 418.835(1)) and ends your comp medical care too unless the order leaves medical open (Form WC-113).
Someone else may be responsible. You must prove negligence or a defect, and in Michigan give notice at least 30 days before suing and repay the comp insurer from what you recover (MCL 418.827(1), (5)).

Michigan doesn’t certify lawyers as specialists (State Bar of Michigan), so ask how many comp and third-party cases a lawyer has handled; see how to choose the right lawyer.

What to do next

Report the injury in writing and file your comp claim. Tell every provider it happened at work. In Michigan, if your employer won’t report the claim, file Form WC-117 with the Workers’ Disability Compensation Agency.
Write down everyone involved. Note other companies on the site, the other driver and their insurer, the property owner, and the make, model and serial number of any machine.
Photograph what you can: the equipment, its labels and guards, the scene and your injuries.
Don’t sign anything from a third party’s insurer yet. A settlement affects the comp insurer’s repayment and your future comp benefits.
Get a free case review. A lawyer can check who else may be responsible and every deadline that applies. Get a free case review, or, if you were hurt in Michigan, compare Michigan injury lawyers.

What waiting can cost

Your comp claim. In Michigan, a claim made after the two-year limit isn’t valid, and a late notice to your employer is excused unless your employer proves the delay harmed it (MCL 418.381(1)).
Control of your lawsuit. If you haven’t sued within a year of the injury, your employer or its insurer can sue the third party in your name (MCL 418.827(1)).
The lawsuit itself. The general limit is three years (MCL 600.5805(2)), and the 30-day notice has to come first.
Evidence. Machines get repaired, video gets recorded over and crews move to other jobs.

What a good outcome looks like

Your comp benefits start on time and keep coming while any lawsuit runs. If someone other than your employer caused the injury, they pay for what comp doesn’t cover, including pain and suffering. The comp insurer’s repayment is figured correctly, with its share of the legal costs taken out. And if you’re punished for claiming benefits, you know that’s a claim of its own. From wondering whether you can sue after a work injury to knowing who else may be responsible, how comp and a lawsuit fit together and which deadlines apply.

For more on injuries at work, browse the workplace injury guides.

Frequently asked questions

Can I sue my employer for a work injury in Michigan?

Usually not. Workers' comp is your exclusive remedy against your employer, even if it was careless (MCL 418.131(1)). You can sue your employer over the injury only if it failed to secure the required comp coverage (MCL 418.641(2)) or committed an intentional tort: a deliberate act by which it specifically intended an injury. An employer is treated as intending an injury if it had actual knowledge that an injury was certain to occur and willfully disregarded that knowledge (MCL 418.131(1)).

Can I get workers' comp and also sue someone else?

In Michigan, yes. Accepting comp doesn't give up your right to sue someone other than your employer or a coworker who is legally responsible, such as a driver, another contractor or an equipment maker (MCL 418.827(1)). From that recovery, after the costs of getting it, your employer or its insurer is repaid the comp it has paid or owes to date, and the rest goes to you as an advance on future comp benefits (MCL 418.827(5)).

How long do I have to sue a third party after a work injury in Michigan?

Generally three years from the injury (MCL 600.5805(2)). If you haven't sued within one year, your employer or its comp insurer can sue in your name. At least 30 days before the lawsuit is filed, notice must go by certified mail to the state's comp agency, the injured worker, the employer and its insurer (MCL 418.827(1)). The comp claim has shorter deadlines: notice to your employer within 90 days and a claim within two years (MCL 418.381(1)).

What if I was hurt in a car crash while working in Michigan?

You may have three claims. Workers' comp benefits are subtracted from your no-fault PIP benefits (MCL 500.3109(1)), and if you were in a vehicle your employer owns or registered, PIP comes from that vehicle's insurer (MCL 500.3114(3)). You can also claim against the at-fault driver, but for pain and suffering only if the crash caused death, serious impairment of body function or permanent serious disfigurement (MCL 500.3135(1)).

Can I be fired for filing a workers' comp claim in Michigan?

Not for that reason. The law says a person 'shall not discharge an employee or in any manner discriminate against an employee' for filing a complaint or starting a proceeding under the comp law, or for using a right it gives (MCL 418.301(13)). The Michigan Court of Appeals has held that a worker can sue over retaliation for seeking needed medical care for a work injury, even before filing a comp claim (Cuddington v United Health Services, 2012).

Do I need a lawyer for an on-the-job injury?

Not always. If the comp insurer accepts your claim and pays on time, you may not need one. It's worth talking to a lawyer if your claim is denied or your checks stop, you're offered a settlement that would close your claim, or someone other than your employer may be responsible. In Michigan, a workers' compensation magistrate must approve a comp lawyer's fee, and the agency's rules cap it, generally at 30% of benefits recovered after case expenses and lower for most settlements (MCL 418.858(1); Mich Admin Code R 408.44).

Sources

MCL 418.131, Exclusive remedy; intentional tort exception · Michigan Legislature
MCL 418.171, Liability of a principal for an uninsured contractor's employees · Michigan Legislature
MCL 418.301, Compensable injuries; retaliation prohibited (subsection 13) · Michigan Legislature
MCL 418.381, Notice and claim deadlines · Michigan Legislature
MCL 418.611, Employer's duty to secure payment of compensation · Michigan Legislature
MCL 418.641, Civil action against an employer that fails to secure compensation · Michigan Legislature
MCL 418.827, Third-party liability; reimbursement of the employer or carrier · Michigan Legislature
MCL 418.835, Redemption of liability · Michigan Legislature
MCL 418.847, Mediation or hearing on an application · Michigan Legislature
MCL 418.858, Approval of attorney fees; maximum fees set by rule · Michigan Legislature
Workers' Disability Compensation Agency General Rules, R 408.31 to R 408.59 (R 408.44, attorney fees) · Michigan Office of Administrative Hearings and Rules
Form WC-113, Redemption Order · Michigan Workers' Disability Compensation Agency
A Summary of Your Rights and Responsibilities Under Michigan Workers' Compensation (WC-PUB-001, April 2026) · Michigan Workers' Disability Compensation Agency
MCR 8.121, Contingent fees in claims or actions for personal injury, wrongful death, and no-fault benefits · Michigan Supreme Court, Michigan Court Rules
A Practical Guide to Hiring a Lawyer · State Bar of Michigan
MCL 500.3107, PIP benefits (work loss limited to the first three years) · Michigan Legislature
MCL 500.3109, Government benefits subtracted from PIP · Michigan Legislature
MCL 500.3114, Which insurer pays PIP (employer-owned vehicles) · Michigan Legislature
MCL 500.3135, Tort liability for noneconomic loss; the injury threshold · Michigan Legislature
MCL 500.3145, Notice and time limits for PIP benefits · Michigan Legislature
MCL 600.2945, Product liability definitions · Michigan Legislature
MCL 600.2946, Product liability: production defects · Michigan Legislature
MCL 600.2947, Product liability: alteration, misuse and other limits · Michigan Legislature
MCL 600.2948, Product liability: warnings · Michigan Legislature
MCL 600.2959, Comparative fault; reduced damages · Michigan Legislature
MCL 600.5805, Period of limitations for injuries to persons or property · Michigan Legislature
MCL 408.1065, Retaliation for safety complaints (Michigan Occupational Safety and Health Act) · Michigan Legislature
Great American Ins Co v Queen, 410 Mich 73 (1980) · Michigan Supreme Court (via the Caselaw Access Project, Harvard Law School Library)
Travis v Dreis & Krump Manufacturing Co, 453 Mich 149 (1996) · Michigan Supreme Court (via Justia)
Ormsby v Capital Welding, Inc, 471 Mich 45 (2004) · Michigan Supreme Court
Cuddington v United Health Services, Inc, 298 Mich App 264 (2012) · Michigan Court of Appeals (via Justia)
Frequently Asked Questions: Filing a Claim (Form WC-117) · Michigan Workers' Disability Compensation Agency
Frequently Asked Questions: Miscellaneous (checking an employer's coverage) · Michigan Workers' Disability Compensation Agency
File a Safety or Health Hazard Complaint with MIOSHA · Michigan Department of Labor and Economic Opportunity
Michigan State Plan · Occupational Safety and Health Administration
45 U.S.C. § 51, Liability of railroads for injuries to employees (Federal Employers' Liability Act) · Office of the Law Revision Counsel, U.S. House of Representatives
46 U.S.C. § 30104, Personal injury to or death of seamen (Jones Act) · Office of the Law Revision Counsel, U.S. House of Representatives
Workers' compensation · Legal Information Institute, Cornell Law School
Employer FAQ (non-subscribers) · Texas Department of Insurance, Division of Workers' Compensation
Employer Rights and Responsibilities (fact sheet) · Texas Department of Insurance, Division of Workers' Compensation

Updated September 29, 2026

This guide is general information, not legal advice, and laws change. For advice about your situation, talk to a lawyer licensed in your state. Reading this page or contacting us does not create an attorney-client relationship.

When To Sue After a Workplace Injury