Mich. Comp. Laws » Michigan Compiled Laws / Chapter 330 / Act 258 of 1974
Michigan Compiled Laws

Mich. Comp. Laws § 330.1113 (2026)

Injury to employee as result of assault by recipient of mental health services; compensation and fringe benefits.

✓ current as of July 2026
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MENTAL HEALTH CODE


Act 258 of 1974


330.1113 Injury to employee as result of assault by recipient of mental health services; compensation and fringe benefits.

Sec. 113.

    A person employed by the department who is injured as a result of an assault by a recipient of mental health services shall receive his full wages by the department until workmen's compensation benefits begin and then shall receive in addition to workmen's compensation benefits a supplement from the department which together with the workmen's compensation benefits shall equal but not exceed the weekly net wage of the employee at the time of the injury. This supplement shall only apply while the person is on the department's payroll and is receiving workmen's compensation benefits and shall include an employee who is currently receiving workmen's compensation due to an injury covered by this section. Fringe benefits normally received by an employee shall be in effect during the time the employee receives the supplement provided by this section from the department.

History: Add. 1976, Act 414, Imd. Eff. Jan. 9, 1977

Notes of Decisions
Cited in 14 cases, 1983–2013 · leading case: Generou v. Kalamazoo Reg'l Psychiatric Hosp., 480 N.W.2d 638 (Mich. Ct. App. 1991).
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Generou v. Kalamazoo Reg'l Psychiatric Hosp., 480 N.W.2d 638 (Mich. Ct. App. 1991). · cites it 10× “The court also declared that plaintiffs claims for supplemental benefits, fringe benefits, and deferred compensation pursuant to MCL 330.1113; MSA 14.800(113) accurately reflected the law and that plaintiff should receive those benefits for as long as she received workers’…”
Rembert v. Ryan’s Fam. Steak Houses, Inc, 596 N.W.2d 208 (Mich. Ct. App. 1999). · cites it 2× “§ 330.1113; M.S.A. § 14.800(113) barred further judicial action on the claim.”
Moss v. Dep't of Mental Health, 406 N.W.2d 203 (Mich. Ct. App. 1987). · cites it 7× “The court determined that plaintiff’s claim for "assault pay” benefits pursuant to MCL 330.1113; MSA 14.800(113) was barred by a prior arbitration award.”
Pringle v. Ypsilanti Reg'l Psychiatric Hosp., 463 N.W.2d 144 (Mich. Ct. App. 1990). · cites it 17× “In these consolidated appeals, defendants appeal as of right from the circuit courts’ orders which determined that weekly net wage as used in MCL 330.1113; MSA 14.800(113) was equal to the average weekly wage defined in MCL 418.”
Jesse v. Dep't of Mental Health, 343 N.W.2d 548 (Mich. Ct. App. 1983). · cites it 3× “Plaintiff began receiving workers’ compensation benefits and supplemental wage benefits pursuant to MCL 330.1113; MSA 14.800(113). On May 11, 1980, *352 plaintiff was terminated from her position due to her failure to return to work.”
Samuel v. Dep't of Mental Health, 364 N.W.2d 294 (Mich. Ct. App. 1985). · cites it 2× “He received workers’ compensation benefits coordinated with "assault pay” pursuant to § 113 of the Mental Health Code, MCL 330.1113; *104 MSA 14.800(113). In December, 1979, however, plaintiffs workers’ compensation benefits were terminated.”
Schumacher v. Macomb-Oakland Reg'l Ctr., 480 N.W.2d 582 (Mich. Ct. App. 1991). · cites it 4× “Pursuant to MCL 330.1113; MSA 14.800(113), the statute involved in that claim, plaintiffs weekly net wage was determined to be $342.”
Oakley v. Dep't of Mental Health, 332 N.W.2d 552 (Mich. Ct. App. 1983). · cites it 3× “Since plaintiff was removed from the payroll of defendants in 1981, this mandamus action focuses on whether, under MCL 330.1113; MSA 14.800(113), she is entitled to the payment of supplemental benefits from May, 1980 (when defendants discontinued the payment of supplemental…”
Alston v. Northville Reg'l Psychiatric Hosp., 472 N.W.2d 69 (Mich. Ct. App. 1991). · cites it 5× “Defendants appeal as of right from orders awarding plaintiff supplemental disability benefits under MCL 330.1113; MSA 14.800(113) in the amount of $177.”
Michigan State Employees Ass'n v. Dep't of Corr., 431 N.W.2d 411 (Mich. Ct. App. 1988). “Substantially identical statutes provide the same assault benefits for employees of the Department of Mental Health, MCL 330.1113; MSA 14.800(113), the Department of Social Services, MCL 400.”
Hogeland v. State, 433 N.W.2d 847 (Mich. Ct. App. 1988). · cites it 7× “Plaintiffs brought these complaints for assault pay benefits pursuant to MCL 330.1113; MSA 14.800(113). Following a bench trial on stipulated facts, the trial court awarded assault pay benefits to plaintiff Hogeland and entered a judgment of no cause of action on plaintiff…”
Michigan Coalition of State Emp. Unions v. State, 302 Mich. App. 187 (Mich. Ct. App. 2013). “” For example, defendant notes that the Civil Rights Commission has authority over the same state employees regarding issues of discrimination, Dep’t of Civil Rights ex rel Jones v Dep’t of Civil Serv, 101 Mich App 295 ; 301 NW2d 12 (1980); that *205 “compensation,” as used in…”
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