Court dismisses case brought by worker not covered by workers compensation

Michigan law requires that most insurers carry workers compensation coverage. If an employer violates that law, the employee is allowed the option of pursuing workers compensation benefits or filing a civil negligence action in circuit court. Timothy Lapka attempted to pursue a civil action against R & R Kuch Farms, Inc. after he suffered what he claimed was a work injury. The Court of Appeals held that he could not prove that the defendant had not purchased workers compensation coverage in Circuit Court. Instead, he must pursue that ruling in the work comp arena, before he can file a civil action. No previous case had held that an employee could not prove the lack of coverage in Circuit Court, thereby requiring two procedures before an injured worker can begin to seek reparations.