Workers Compensation Exclusion to Recovering Michigan PIP Benefits
Under the Michigan No-Fault Insurance Act, PIP benefits are not payable when an injured person sustains bodily injury during the course and scope of his or her employment and is, consequently, entitled to receive workers compensation benefits for that injury. This is known as the workers compensation exclusion or truckers exclusion, and it is statutorily set forth in Section 3106(2).
This exlusion applies if an injury occurs under either of the following 2 circumstances:
(a) Loading, unloading, or doing mechanical work on a vehicle unless the injury arose from the use or operation of another vehicle. As used in this subdivision, “another vehicle” does not include a motor vehicle being loaded on, unloaded from, or secured to, as cargo or freight, a motor vehicle.”
(b) Entering into or alighting from the vehicle unless the injury was sustained while entering into or alighting from the vehicle immediately after the vehicle became disabled. This subdivision shall not apply if the injury arose from the use or operation of another vehicle. As used in this subdivision, “another vehicle” does not include a motor vehicle being loaded on, unloaded from or secured to, as cargo or freight, a motor vehicle.
Courts have construed the phrase “loading or unloading.” Please consult with an expert Michigan car accident lawyer to further understand these court intepretations.
If you or someone you know was recently injuried in a car accident and you would like to know your rights and what you are entitled to collect, please set up a free case review with one of the leading expert car accident law firms in Michigan.