In a recent decision, the Michigan Court of Appeals reiterated and clarified the standard that worker’s compensation is an exclusive remedy for workplace accidents, precluding any cause of action against an employer in tort law. This rule does exclude intentional torts, however, for which damages may still be sought.
In Luce v. Kent Foundry Co., Docket No. 327978, the plaintiff claimed that his employer’s action fell within the exception for intentional torts. In Luce, the plaintiff was operating a piece of heavy machinery called a “wheelabrator” which had an 11-foot, 5-ton door which was loose and had a history of breaking off approximately once per month. The plaintiff claimed that the defendant’s knowledge of a continuously operative dangerous condition without action to fix the issue amounted to an intentional tort. This had been found to the standard in Travis v Dreis & Krump Mfg Co., 453 Mich 149. However, Travis continues on to state that this is only true if the defendant fails to make the plaintiff aware of the condition.
In Luce, the defendant was aware of the dangerous condition specifically because the plaintiff was the one to inform them on a prior occasion when he had gotten his glove pinched in the same door. Therefore, although it was properly established that the defendant had knowledge of the dangerous circumstances, its conduct was not tantamount to an intentional tort under Travis. Since the Court found no intentional tort, the plaintiff was limited to workers’ compensation as a remedy for his injuries.
While this case serves as a reminder to plaintiffs that most workplace injuries have their exclusive remedies in workers’ compensation, it also serves to remind employers that knowledge of a continuously operative dangerous condition without proper notice to employees may result in liability to the employer. For clarification regarding what constitutes a continuously operative dangerous condition, consult an attorney with proper expertise in employment and workers’ compensation law.
This article was written by Tyler Kemper, law clerk.
