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★ Michigan · workplace

Workplace settlements
in Michigan.

By Reviewed by Abd Shanti, Founder9 min read

Michigan pays injured workers 80% of their after tax average weekly wage, up to $1,201 a week for 2026 injuries. Suing the employer requires proof it specifically intended the injury, a bar a foundry worker could not clear even after warning management.

Facts that decide a workplace claim in Michigan

Weekly rate, 202680% of after tax average weekly wage, up to a maximum of $1,201, based on a state average weekly wage of $1,333.88.Workers’ Disability Compensation Agency, 2026 rate book
Suing the employerAllowed only for an intentional tort, where the employer specifically intended an injury; knowledge of a dangerous condition is not enough.MCL 418.131(1); Luce v. Kent Foundry (Mich. Ct. App. 2016)
Deadline to sue“3 years after the time of the death or injury for all actions to recover damages for the death of a person, or for injury to a person or property.”MCL 600.5805, as quoted in Henry v. Dow Chemical (Mich. Ct. App. 2017)
Fault ruleA plaintiff more than 50% at fault cannot recover noneconomic damages; economic damages are reduced by the plaintiff’s share.MCL 600.2959, as explained in Kandil-Elsayed v. F & E Oil (Mich. 2023)
united states · sister site
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★ MI · reported workplace outcomes

What Michigan courts have awarded.

Real Michigan decisions and verdicts, each linked to the court record or official report.

  • Luce v. Kent Foundry
    Michigan Court of Appeals · 2016
    Dismissal affirmed

    A foundry worker operated a wheelabrator whose 11 foot, 10,000 pound door slammed into a steel I-beam when its doorstops were missing. A week or two before his accident his glove caught in that same pinch point and he reported the hazard to management. After he was injured he sued under the intentional tort exception. The Court of Appeals held the employer did not intend to injure him and affirmed dismissal.

★ MI · workplace · in practice

What changes the number here.

What actually moves a workplace settlement in Michigan.

  1. 1

    Warning the employer is not enough. Luce reported the exact hazard that later hurt him, and the court still held that knowledge of danger is not intent to injure.

  2. 2

    Look for others who may be responsible. Machine makers, contractors and property owners can be sued without the intentional tort limit.

  3. 3

    Benefits are based on after tax wages, so the weekly check is less than it sounds; check the 2026 rate book for the exact figure.

★ MI · statute of limitations
3 years from date of injury

Mich. Comp. Laws § 600.5805

★ MI · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ MI · caps

What caps recovery.

Statutory caps that may bear on a workplace settlement in Michigan.

★ workplace · same region & fault regime

Compare to like jurisdictions.

How Michigan's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for workplace claims.

JurisdictionFault ruleLimitationWorkplace page
Michigan · you are hereModified comparative, 51% bar3 years from date of injury—
MinnesotaModified comparative, 51% bar6 years for personal injury (uncommonly long); 4 years for medical malpracticeMN · workplace →
MissouriPure comparative negligence5 years for personal injury; 2 years for medical malpracticeMO · workplace →
NebraskaModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeNE · workplace →
North DakotaModified comparative, 50% bar6 years for personal injury; 2 years for medical malpracticeND · workplace →
OhioModified comparative, 51% bar2 years from date of injuryOH · workplace →
South DakotaSlight versus gross negligence3 years from date of injurySD · workplace →
MontanaModified comparative, 51% bar3 years from date of injuryMT · workplace →
NevadaModified comparative, 51% bar2 years for personal injury; 3 years for medical malpracticeNV · workplace →
New HampshireModified comparative, 51% bar3 years from date of injuryNH · workplace →
New JerseyModified comparative, 51% bar2 years from date of injuryNJ · workplace →
MississippiPure comparative negligence3 years from date of injuryMS · workplace →
New MexicoPure comparative negligence3 years from date of injuryNM · workplace →
★ MI · workplace · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

united states · sister site
Hurt at work in Michigan? See what your own claim could be worth.

FairSettlement, our US sister site, gives you a free estimate in about two minutes. No cost and no obligation.

Check my case

Sources

Checked 2026-09-28.

★ all of MI
Michigan overview

Fault rule, statute, caps, and key facts for Michigan as a whole.

★ national frame
Workplace in United States

Workplace band structure and severity tiers at the US level.

★ all 15 countries
Workplace · everywhere

Cross-jurisdiction comparison of workplace bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Michigan. See /methodology, /sources, and /disclaimer.