Current through P.A. 249 of the 2020 Legislative Session
Section 418.131 - Exclusive remedy; exception; "employee" and "employer" defined(1) The right to the recovery of benefits as provided in this act shall be the employee's exclusive remedy against the employer for a personal injury or occupational disease. The only exception to this exclusive remedy is an intentional tort. An intentional tort shall exist 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 shall be deemed to have intended to injure if the employer had actual knowledge that an injury was certain to occur and willfully disregarded that knowledge. The issue of whether an act was an intentional tort shall be a question of law for the court. This subsection shall not enlarge or reduce rights under law.(2) As used in this section and section 827, "employee" includes the person injured, his or her personal representatives, and any other person to whom a claim accrues by reason of the injury to, or death of, the employee, and "employer" includes the employer's insurer and a service agent to a self-insured employer insofar as they furnish, or fail to furnish, safety inspections or safety advisory services incident to providing worker's compensation insurance or incident to a self-insured employer's liability servicing contract.1969, Act 317, Eff. Dec. 31, 1969 ;--Am. 1972, Act 285, Imd. Eff. Oct. 30, 1972 ;--Am. 1987, Act 28, Imd. Eff. May 14, 1987 ;--Am. 1993, Act 198, Eff. Dec. 28, 1994 .