Michigan lawyer discusses if you can sue your employer for a slip and fall accident at work and how to get compensated by workers’ comp .
We get lots of telephone calls during snow and ice season from people who slipped and fell at work. They have many questions but just want to know how to get compensated. Can I sue my employer for a slip and fall accident in Michigan? What type of workers’ comp benefits can I get paid? What happens if my claim is disputed?
We explain that workers’ comp is considered the “exclusive remedy.” This means no lawsuit can be filed for this type of accident regardless of employer negligence. In exchange, the employee gets medical treatment, a percentage of lost wages, and vocational rehabilitation if needed.
Can I sue my employer for a slip and fall accident in Michigan?
An employee cannot sue their employer for a slip and fall accident in Michigan. Workers’ comp is the exclusive remedy. Employees are covered under workers’ comp when this type of accident occurs during working activities, on the premises of the employer, entering or leaving the building, walking to or from a designated parking area.
But there are some exceptions about this scenario to know about. An employee can file a lawsuit for this type of accident if there is no workers’ comp insurance. It is also possible to file a lawsuit for if the employer committed an intentional tort.
What type of workers’ comp benefits can I get paid for a claim?
All reasonable and necessary medical treatment should be paid without copayments or deductibles being owed. Employees can select their own doctor after 28 days from the start of medical care.
Lost wages should equal 80% of an employee’s after-tax average weekly wage. This calculation includes overtime, bonus pay, discontinued fringe benefits, and even second jobs. Weekly checks continue for the entire length of disability.
Vocational rehabilitation can be used to help find a new career. It pays for career counseling, retraining, and education.
What happens if my workers’ comp claim is disputed?
Insurance companies dispute workers’ comp benefits to save money at your expense. Hire an experienced workers’ comp lawyer if this should occur. There is never an attorney fee unless additional workers’ comp benefits or a settlement has been obtained.
Watch out for the independent medical examination (IME) because these doctors are hired by the insurance company and make careers out of testifying against people. Vocational counselors are used to say other work is available and weekly checks get reduced.
Can I sue my employer for a slip and fall accident if my workers’ comp claim is disputed? No, but an individual who finds their workers’ comp benefits disputed can file an Application for Mediation or Hearing. This starts a formal court process where a magistrate decides if additional medical or lost wages should be paid.
Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 35 years. Call (844) 316-8033 for a free consultation today.