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 the snow and ice season from people who slipped and fell at work. They have many questions, like: 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?; can I sue a negligent third-party? We understand, as we know, that these injured employees just want to know how to get fairly compensated.
According to Michigan law, workers’ comp is considered the “exclusive remedy.” This means no lawsuit can be filed against the employer for this type of accident regardless of their negligence. In exchange, the employee gets medical treatment, a percentage of lost wages, and vocational rehabilitation if needed. Disputed claims can be challenged in court. Additional damages can be sought from a negligent third-party, like a property owner.
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 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 is an important exception to know about. An employee can file a lawsuit for this type of accident if there is no workers’ comp insurance. Damages include medical treatment and wage loss. It may also be possible to seek pain and suffering.
What type of workers’ comp benefits can I get paid for a claim?
In Michigan, you can’t sue your employer if you were injured in slip and fall accident but you can file a claim against workers’ comp for medical care. 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?
In Michigan, you can’t sue your employer for a slip and fall accident if your workers’ comp claim is disputed but an individual who finds their claim/benefits disputed can file an Application for Mediation or Hearing. This starts a formal court process where a magistrate decides if additional medical and/or lost wages should be paid.
Negligent property owners or businesses
A third-party who is not the employer can be sued for their negligence. These property owners and businesses are not protected by the exclusive remedy provision. Pain and suffering is available. Money paid is in addition to any workers’ comp.
It is important to speak to an attorney about any slip and fall accident. This is especially true when workers’ comp has been paid. It is possible to collect additional damages from a negligent third-party. Money recovered from the third-party might have to be paid back to workers’ comp so know your legal rights.
Injured in a slip and fall at work in Michigan and have questions about suing your employer? Call now for a free consultation!
If you were injured in a slip and fall accident in Michigan and you have questions about your workers’ comp claim and wondering if you can sue your employer, call now (855) 221-2667 or fill out our contact form for a free consultation with an experienced lawyer. There is absolutely no cost or obligation. We’re here for you.
For more than 40 years, our lawyers have been helping people like you who have suffered from on the job injuries in Michigan. We understand the physical, emotional, and psychological hardships you are experiencing from your accident. We also have the skill, experience, and know-how to protect you and get you the best possible payout amount for your case.
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.
Remember, every work injury claim and settlement is different and must be negotiated on its own merits. Do not accept any payout amount without fully understanding your legal rights.
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 40 years. Call (855) 221-2667 for a free consultation today.
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