Michigan 2025-2026 Regular Session

Michigan House Bill HB5178

Introduced
10/30/25  

Caption

Worker's compensation: employers; exclusive remedy provision; modify. Amends sec. 131 of 1969 PA 317 (MCL 418.131).

Impact

If enacted, HB 5178 would effectively clarify the conditions under which employees can seek recourse beyond the workers' compensation framework. By maintaining the exclusivity of the workers' compensation remedy while also addressing intentional torts, the bill aims to create a framework that balances employee rights with the need for employers to have clear guidelines regarding liability in workplace incidents. The amendment to section 131 reaffirms the principle that workers' compensation is the main avenue for recovery while still allowing for legal action in specific severe circumstances.

Summary

House Bill 5178 seeks to amend the Worker's Disability Compensation Act of 1969 by changing the 'exclusive remedy' provision for employees injured at work. This bill proposes that the right to recover benefits under the act remains an employee's exclusive remedy against the employer unless the injury is caused by an intentional tort. The bill elaborates on the conditions under which an intentional tort is recognized, specifying that it occurs when an employer demonstrates deliberate harm or willful disregard for safety regulations that directly leads to employee injury.

Contention

The main points of contention surrounding HB 5178 stem from the implications of the amendments to employer liability practices. Proponents argue that clarifying the intentional tort definition will lead to safer workplace conditions as employers may be motivated to comply strictly with safety standards to avoid liability. Conversely, opponents express concern that the bill may lower the threshold for employees to claim intentional torts, potentially leading to increased litigation and undermining the purpose of the workers' compensation system, which seeks to be a no-fault system for addressing workplace injuries.

Companion Bills

No companion bills found.

Previously Filed As

MI SB0074

Worker's compensation: benefits; worker's disability compensation benefits; modify various provisions. Amends secs. 301, 313, 354, 355, 361, 371, 401 & 891 of 1969 PA 317 (MCL 418.301 et seq.) & repeals secs. 302 & 431 of 1969 PA 317 (MCL 418.302 & 418.431).

MI HB5186

Worker's compensation: benefits; eligibility to receive benefits and amount of benefits paid to an injured worker; modify. Amends secs. 301, 311, 313, 351, 354, 355, 356, 358, 361, 371, 401 & 891 of 1969 PA 317 (MCL 418.301 et seq.) & repeals secs. 302, 357 & 431 of 1969 PA 317 (MCL 418.302 et seq.).

MI HB5541

Worker's compensation: benefits; calculation of average weekly wage; modify. Amends sec. 371 of 1969 PA 317 (MCL 418.371) & adds sec. 612.

MI HB5191

Worker's compensation: funds; uninsured employer's security fund; modify. Amends sec. 501 of 1969 PA 317 (MCL 418.501) & adds sec. 536.

MI HB5177

Worker's compensation: other; definition of employee; modify to include certain performances of service. Amends sec. 161 of 1969 PA 317 (MCL 418.161).

MI HB5185

Worker's compensation: benefits; job search requirement for certain injured workers; modify. Amends 1969 PA 317 (MCL 418.101 - 418.941) by adding sec. 303.

MI HB5183

Worker's compensation: benefits; type of employee misconduct that excludes an injured employee from receiving benefits; modify. Amends sec. 305 of 1969 PA 317 (MCL 418.305).

MI SB0075

Worker's compensation: benefits; compensation for death resulting from personal injury; modify. Amends secs. 321, 331, 335, 345 & 356 of 1969 PA 317 (MCL 418.321 et seq.).

MI HB5190

Worker's compensation: benefits; vocational rehabilitation benefits offered to injured workers; enhance. Amends sec. 319 of 1969 PA 317 (MCL 418.319).

MI HB5182

Worker's compensation: benefits; time period an injured worker may seek treatment from the injured worker's own physician or provider; modify, and provide additional requirements for the payment of medical benefits. Amends sec. 315 of 1969 PA 317 (MCL 418.315).

Similar Bills

No similar bills found.