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FAQ
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Can a worker sue for damages other than workers' compensation?
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Answer:
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In most cases, a claim under the Workers' Disability Compensation Act is considered to be the injured worker's "exclusive remedy" against their employer. This means that the individual injured at work can only receive workers' compensation benefits and cannot sue for other damages. This is provided for in Section 131 of the Act. There are a few exceptions to this rule, such as:Intentional tortsSection 131(1) provides that an "intentional tort" is an exception. This means that if an employer deliberately takes an action that is specifically intended to injure a worker, the worker can sue the employer in the civil justice system. These cases can be tried before a jury.
Suits based on contract or other statutes
There are other laws that give workers a right to sue their employers. These include Civil Rights statutes, labor laws, and other similar Acts. The workers' compensation law does not deprive a worker of the right to sue under those circumstances. Workers may also have a right to sue their employer if there was a contract between them which the employer breached. Generally, under these circumstances, the worker is not suing as a result of a "personal injury or occupational disease." It is a lawsuit based on an injury or a disease arising out of the employment that the Workers' Disability Compensation Act prohibits.
Uninsured employers
Section 641(2) of the Act provides that if an employer is covered by the Act but fails to provide security for workers' compensation, a worker who is injured on the job may sue that employer for civil damages.
Retaliation
Section 301(13) of the Workers' Disability Compensation Act provides that an employer cannot discriminate against an employee because the employee exercised his or her rights under the Workers' Disability Compensation Act.
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