Rainer v. Tri-Counties Multi Trade Centers, Mich. Ct. of Appeals (2010)
The plaintiff in this claim brought suit in Circuit Court for common law negligence because the employer failed to maintain workers’ compensation insurance. The plaintiff was injured when he tripped on an uneven sidewalk walking into work. The sidewalk defect was deemed open and obvious and the Circuit Court granted defendant’s motion for summary disposition. The Court of Appeals held that the plaintiff’s claim for statutory benefits under the WDCA remained intact.

Key Point: When an employer fails to maintain workers’ compensation insurance, they are liable for both civil claims and workers’ compensation claims. However, civil claims do not serve as a substitute for the statutory claims, e.g. the plaintiff must still prove negligence.