Michigan lawyer discusses exclusive remedy provision and lawsuits employees have when they get hurt on the job.
Our law firm offers free telephone advice for anyone hurt on-the-job. Most of these callers want to know about their legal rights and how to protect themselves. They want to know if I am injured at work can I sue?
We explain that workers’ comp is the exclusive remedy against their employer. This means they cannot file a lawsuit for negligence. In exchange, they receive medical treatment, lost wages, and vocational rehabilitation regardless of fault.
However, there are some other lawsuits that employees could have when they get hurt on the job. Keep reading to find out about disputed workers’ comp claims, uninsured employers, intentional torts, product liability, and negligent third-parties.
If I was injured at work can I sue if my workers’ comp benefits have been disputed?
In Michigan, if you were injured at work you can sue your employer if your workers’ comp benefits have been disputed. It is important to know that employers dispute workers’ comp benefits for all kinds of reasons. It could be based upon late reporting, statements from coworkers, or conflicting medical evidence.
Employees who find their workers’ comp benefits disputed should file an Application for Mediation or Hearing. It will be up to a magistrate to determine if additional medical or wage loss needs to be paid. Most of these workers’ comp cases end up in a lump sum cash payment.
Can I sue my employer if they tried to hurt me?
Yes, intentional tort is an exception to the exclusive remedy provision. This allows for an employee to file a lawsuit against his or her employer directly. A good example is when an employer physically assaults his or her employee.
Watch out for situations when an employer uses tools, materials, or machinery to strike or hit. It must be shown that an employer intended to cause injury. It is not enough to show that an employer merely should have known.
It is also possible to prove intentional tort when evidence shows a history of other employees getting hurt in the exact same manner. Putting employees in situations they are certain to be hurt would qualify. This might involve machinery that is missing safety equipment or being used incorrectly.
If I was injured at work can I sue my employer if they don’t have workers’ comp insurance?
In Michigan, you can still sue your employer if you are injured at work and they don’t have workers’ compensation insurance. Michigan law requires most employers to purchase workers’ comp insurance. Penalties for non-compliance include a fine of $1,000 and possible imprisonment up to 6 months.
It’s also worth noting that each day’s failure can be considered a separate offense.
Employers who do not have workers’ comp insurance are still required to pay benefits. If the employer is a corporation, the officers and directors are liable for payment. Failure to maintain workers’ comp insurance also opens the door for pain and suffering damages through a civil lawsuit.
If I was injured at work can I sue if a defective product or machine caused the injury?
Sometimes employees get hurt because of a defective product or machine. Manufacturers and businesses who maintain these items might be liable if they were negligent in some way. An example would be if a machine was inherently dangerous and there was some alternative design that could have been reasonably implemented. These are very difficult cases and it is best to speak with an experienced lawyer to investigate.
If I was injured at work can I sue if a third-party was negligent?
In Michigan, if you were injured at work you can sue a third party if their negligence caused you to get hurt on-the-job. You can file a lawsuit against third-parties who are negligent if they caused a person to get hurt on-the-job. This is usually seen in the context of at-fault drivers who cause a car accident while you are driving a company car. Employees have the same rights as anyone else and can seek damages from these negligent drivers.
We also see negligent third-parties on construction sites where various contractors are working together. Watch out for machines that are operated incorrectly or general construction site danger. It is important to investigate all construction accidents for potential claims.
Injured on the job? Call our attorneys now for a free consultation!
If you were injured at work in Michigan and want to know if you can sue your employer, call now to speak with an experienced attorney, or fill out our contact form for a free consultation. There is absolutely no cost or obligation. We’re here for you.
Our attorneys have been exclusively helping injured workers in the state for more than 40 years and can help you better understand workers’ comp laws and what happens after someone has been hurt on a construction site. To see what our own clients have to say about the caring, compassion, and communication they received from us, you can read in their own words about their experience here on our testimonials page from clients we have helped.
Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented hurt and disabled workers exclusively for more than 40 years. Call (855) 221-2667 for a free consultation today.
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