An 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 torts

Section 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.

 

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 lawsuits based on an injury or a disease 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 (see Chapters 2 and 3 above), a worker who is injured on the job may sue that employer for civil damages.

 

Retaliation

Section 301(11) 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.